§ 322.5 — Humboldt County Zoning Code

§ 322.5-9. Cause for Exemption. ¶

322.5-1. Findings.

(a) The use of natural heating opportunities present on a new building site is a cost effective method of reducing consumption of nonrenewable energy sources for heating over the lifetime of a structure.

(b) Proper orientation of buildings is required to fully use available solar energy.

(c) These measures will benefit the citizens of Humboldt County by reducing dependence on nonrenewable energy sources. (Ord. 1552, § 1, 9/21/1982)

322.5-2. Enabling Legislation.

The Subdivision Map Act (Government Code Section 66473.1) requires that the design of a subdivision provide, to the extent feasible for future passive or natural heating and cooling. (Ord. 1552, § 1, 9/21/1982)

322.5-3. Purpose and Intent.

It is the purpose and intent of this chapter that, for developments to which this chapter applies, natural heating and cooling opportunities be included with all other design considerations and be pursued whenever the benefits in terms of energy conservation and the potential for solar energy development are greater than the associated negative impacts. It is not intended that the requirements of this chapter reduce the densities or the percentage of buildable lot area allowed at the time a tentative map or use permit is filed, or cause the unnecessary destruction of trees. (Ord. 1552, § 1, 9/21/1982)

322.5-4. Definitions.

For purposes of this section:

(a) “Adequate solar access” means that sunlight reaches 80 percent (80%) of the south side of the primary building, measured from the highest roof ridge to the ground, between the hours of 10:00 a.m. and 2:00 p.m. on December 21.

(b) “Feasible” means capable of being accomplished in a successful manner in a reasonable amount of time taking into account economic, environmental, social and technological factors and views. (Source: Government Code Section 66473.1).

(c) “Primary Building” means the dwelling house on a lot or a dwelling unit in a planned unit development. A dwelling has cooking, bathing and sanitary facilities.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(d) “View” means a scenic vista which is a unique asset to a building site and which has aesthetically significant value. (Ord. 1552, § 1, 9/21/1982)

322.5-5. Design for Solar Access Required.

The design and layout of a planned unit development or a subdivision which proposes to create five (5) or more new parcels shall provide, to the extent feasible, for adequate solar access. This chapter does not apply to a condominium project which divides the airspace in an existing building when no new structure is added. (Government Code Section 66475.3) (Ord. 1552, § 1, 9/21/1982)

322.5-6. Adequate Solar Access.

A development described in Section 322.5-5 has adequate solar access when:

(a) The lot size and configuration allows at least 80 percent (80%) of the primary buildings to have their short axes aligned between 15 degrees (15°) east of south and 30 degrees (30°) west of south.

(b) The south side of the primary building has adequate solar access.

(d) The lot size and configuration insures that no additional shadows will be case on the south side of an existing building between the hours of 10:00 a.m. and 2:00 p.m. on December 21.

(e) To the extent feasible the streets are oriented within fifteen degrees (15°) east - west. (Ord. 1552, § 1, 9/21/ 1982)

322.5-7. Application.

(a) Preliminary Data. For a development described in Section 322.5-5, the Planning Department may require an appropriate shade projection map which shows, for the purposed development and abutting property, shadows cast by existing buildings and plants more than ten feet (10') high and by proposed buildings between the hours of 10:00 a.m. and 2:00 p.m. on December 21.

(b) Additional Data. If the shade projection map indicates that a shadow is cast on a primary building, specific detailed elevations of the south side of the building shall be submitted to show compliance with this chapter. (Ord. 1552, § 1, 9/21/1982)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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322.5-8. Exemption Procedure.

(a) An applicant may apply to the Planning Director for an exemption from this chapter. The application for an exemption shall be accompanied by such information as the Planning Department requires and by a fee established by the Board of Supervisors.

(b) The Planning Director shall give written notice of his decision to the applicant and shall give public notice of his decision by publishing it once in a newspaper of general circulation.

(c) Any person aggrieved by the decision of the Planning Director may appeal to the Environmental Appeals Board. The appeal shall be filed with the Planning Department within ten (10) days of the day the notice is published and shall be accompanied by a written statement of the reasons why the decision was in error and by a fee established by the Board of Supervisors.

(d) The Environmental Appeals Board shall convene and decide the appeals at the earliest possible date. The decision of the Environmental Appeals Board is final and binding. (Ord. 1552, § 1, 9/21/1982)

322.5-9. Cause for Exemption.

An exemption from the requirements of this chapter may be granted upon a finding that:

(a) Compliance would reduce densities below those allowed by the zoning at the time the application is submitted; or

(b) Compliance is not feasible; or
(c) Compliance would preclude orienting the primary building to the best available view; or

(d) All lots in the proposed development are one (1) acre or larger in size and lot configuration does not constrain solar access. (Ord. 1552, § 1, 9/21/1982)

CHAPTER 3 TENTATIVE SUBDIVISION MAPS

Sections:

§ 323-1. Preliminary Map.
§ 323-2. Filing of Tentative Subdivision Maps; Examination. § 323-3. Fees.
§ 323-4. Transmittal of Map. § 323-5. Data on Tentative Subdivision Map.
§ 323-6. Statements to Accompany Tentative Subdivision Map.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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323-1. Preliminary Map.

Prior to filing a Tentative Subdivision Map for a Final Map subdivision, it is recommended that six (6) copies of a preliminary map be submitted to the Planning Department for preliminary review by the Subdivision Technical Review Committee. The County may submit a copy to the Water Quality Control Board, North Coast Region, for informational purposes. A preliminary map may also be submitted for a Parcel Map subdivision. (Ord. 1146, § 30, 7/19/1977)

323-2. Filing of Tentative Subdivision Maps; Examination.

Eighteen (18) copies, or as required, of a Tentative Subdivision Map of a Final Map subdivision must be filed with the Planning Department. Twelve (12) copies are required for a Tentative Subdivision Map of a Parcel Map subdivision. It is recommended that Tentative Subdivision Maps be prepared by an engineer or surveyor. (GC Sections 66428, 66452 through 66452.4 )

Each Tentative Subdivision Map, upon presentation, shall be examined by the Planning Department, which may not accept it unless the same is in full compliance with this division as to form, data, information and other matters required to be shown thereon or furnished therewith. The Tentative Subdivision Map shall not be considered as “officially filed” until the proper environmental document has been accepted and officially posted for the time limits required by the California Environmental Quality Act Guidelines adopted by the Board of Supervisors. Upon completion of the environmental clearance, the map and file shall be date stamped and noted “officially filed on (date) ” by the Department, which will notify the subdivider and his engineer of such date and of the date of the next scheduled action. (Ord. 1146, § 31, 7/19/1977)

323-3. Fees.

At the time the Tentative Subdivision Map is submitted, the subdivider shall pay to the County of Humboldt at the office of the Planning Department the processing fee prescribed in Section 322-2 of this division. Refund of said fees, or portions thereof, may be made to the extent and in the manner provided for by resolution adopted by the Board of Supervisors. (Ord. 1146, § 32, 7/19/1977; Ord. 1609, § 2, 8/9/1983)

323-4. Transmittal of Map.

The Planning Department shall transmit copies of the Tentative Subdivision Map to the County Public Works, Health and Building Departments and may transmit it to such other departments and agencies as required by law and as it deems advisable. The Planning Department shall notify all departments or agencies receiving a copy of the map that, within twenty (20) days of receipt thereof, they must notify the Planning Department of their recommendations and/or the particulars in which the subdivision does not conform to requirements coming within their authorized scope.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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Such notification shall include a statement that if a reply is not received prior to the meeting at which consideration of the map is made, it shall be assumed that the map does conform to the requirements of the department or agency concerned. (GC Section 66453-66455.7 ; WC Section 13266) (Ord. 1146, § 33, 7/19/1977)

323-5. Data on Tentative Subdivision Map.

(a) The Tentative Subdivision Map is essentially a study plan which when approved will serve as a basis for the preparation of a Final Map or Parcel Map. Each Tentative Subdivision Map shall be clearly and legibly drawn and shall show the proposed design of the subdivision. It shall be at least eighteen inches by twenty-six inches (18" X 26"), and of such scale as to show clearly all details thereof.

(b) The Tentative Subdivision Map shall contain the following information:

(1) A key or location map on which shall be shown the general area including adjacent property, subdivisions and roads together with the distance to the nearest publicly maintained road.

(2) The tract name or other designation, the date, north point, scale, and sufficient description to define the location and boundaries of the proposed tract.

(3) Names and addresses of record owner(s) and subdivision name and address of the engineer, surveyor or the individual who prepared the map; and the name and Assessor’s parcel numbers of all contiguous ownerships. (Ord. 2275, § 1, 5/28/2002)

(4) The approximate dimensions and areas of all lots.

(5) Accurate location of all existing structures and the distance to all existing and proposed property lines, right of way lines, roads, creeks, streamside management and other wet areas, wells, sewage disposal fields, steep banks (over 15%), fill, etc. Distances less than fifty feet (50") must be accurate to the nearest whole foot based on field measurements. However, if the distance is questionable or cannot be determined, it shall be estimated and labeled plus or minus (±). (Ord. 2275, § 1, 5/28/2002)

(6) The location of existing and proposed sanitary sewers, sewage disposal systems, wells, storm drains, gas, water, power, and telephone lines and other public utilities and the width and location of all easements required for same. The width, locations and purposes of all other easements shall likewise be shown on the Tentative Subdivision Map.

(7) The approximate location of all areas subject to inundation or inundated, and the location, width and direction of flow of all surface water, water sources, streamside management and other wet areas, and areas subject to overflow by tidal waters. (Ord. 2275, § 1, 5/28/2002)

(8) The location, names and widths of present traveled ways and/or rights of way or adjacent roads, streets, highways, or ways.

(9) The locations, names and widths of all roads, streets, highways and way in the proposed subdivision.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(10) The location of official plan lines of projected streets or highways as shown on the General Plan and the official plan lines of the County.

(11) Contour lines having the following intervals (the method of developing the contours shall be stated):

(A) Two-foot (2') contour intervals for ground slopes between level and five percent (5%), plus spot elevations as required.

(B) Five-foot (5') contour intervals for ground slopes exceeding five percent (5%) but less than twentyfive percent (25%).

(D) For subdivisions with no lot less than twenty (20) acres, aerial planimetric maps without contours and blow-up of USGS contours may be submitted in lieu of a more detailed contour map.

(12) The approximate radii of all curves. A Tentative Subdivision Map for a Parcel Map subdivision need not show this information.

(13) Any area for public use. A Tentative Subdivision Map for a Parcel Map subdivision need not show this information.

(14) Typical sections of all streets, highways, ways and alleys, and details of required improvements, such as curbs, gutters and sidewalks, or reference to established standards for curbs, gutters and other improvements, shall accompany the Tentative Subdivision Map and shall be of such scale as to show clearly all details thereof. A Tentative Subdivision Map for a Parcel Map subdivision need not show this information.

(15) Typical sections and all details of any grading to be performed in connection with the development of the site. A Tentative Subdivision Map for a Parcel Map subdivision need not show this information. An erosion and sediment control plan if required by the County Grading, Excavation, Erosion and Sediment Control Ordinance, Section 331-12. (Ord. 2275, § 1, 5/28/2002)

(16) Any of the foregoing requirements may be modified or waived by the Director of Public Works when they are deemed unnecessary and written findings are made. (Ord. 1146, § 34, 7/19/1977)

323-6. Statements to Accompany Tentative Subdivision Map.

The following information shall appear on or accompany the Tentative Subdivision Map:

(a) A subdivider’s statement shall be submitted with each Tentative Subdivision Map. The subdivider’s statement shall contain the following information:

(1) The existing use or uses of the property.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(2) The proposed use or uses of the lots including the remainder, if any, with a description of the area or location of each use.

(3) The source, quality and quantity of the proposed water supply and a general description of the proposed water system. The statement all also provide evidence as required by the appendix that water can be developed on or supplied to each lot, together with an estimate of the cost of developing water at each site. Such evidence shall not be required for any lot sixty (60) acres in size or larger. Division 3 of Title 6 of this Code regulates the construction of wells.

neral description of the proposed water system. The statement all also provide evidence as required by the appendix that water can be developed on or supplied to each lot, together with an estimate of the cost of developing water at each site. Such evidence shall not be required for any lot sixty (60) acres in size or larger. Division 3 of Title 6 of this Code regulates the construction of wells.

(4) The proposed provisions for sewage disposal, drainage and flood control. Proposed provisions for sewage disposal need not be stated for any lot which is sixty (60) acres [one and one-half (1-1/2) quarter sections] or larger.

(5) Subdivision improvements will be based upon the ultimate density for the subdivided land as planned for in the Humboldt County General Plan. Therefore, if the subdivider proposes reduced subdivision improvements premised upon a lesser density than shown in the General Plan, the subdivision application shall be accompanied by:

(A) An application for zoning implementing the subdivider’s plan for density of development; or

(B) A statement that the subdivider agrees to put a statement of record in the office of the Humboldt County Recorder, to read substantially as follows:

Further subdivisions of the lots created by the (Name) Subdivision, (Recording Data_), may require the performance of additional on-site and off-site improvements to the road connecting the subdivision to the County road or other publicly maintained road. If the County deems necessary, this work could require the road to be developed to the County road standards by the subdivider.

(6) The proposed grading, erosion and sediment control plan, fire protection, street improvement and other improvements together with an application for a grading permit if required by Section 331-12 of the County Code. (Ord. 2275, § 1, 5/28/2002)

(7) Any other information the subdivider wishes to provide.

(8) A statement that all easements of record are shown on the Tentative Subdivision Map and will appear on the record subdivision map. (Ord. 1290, § 3, 12/12/1978)

(b) A statement from the applicable school district(s) as to additional needs created by any Final Map subdivision.

(c) A preliminary subdivision report showing the names of the parties whose signatures will be necessary under the provisions of the Subdivision Map Act and stating the nature of the interest of said parties in the land being subdivided. The report must include all easements that affect the land being subdivided.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(d) An environmental impact report, negative declaration or categorical exemption prepared in accordance with procedures established by the Board of Supervisors. (Ord. 1146, § 35, 7/19/1977)

(e) If the subdivider relies upon access which is not or record, he shall submit a map plotting the location of such prescriptive easement and stamped envelopes addressed to all assessees of property (as shown on the latest equalized assessment roll) over which the easement appears to traverse. The map shall show all assessor’s parcels and fee ownerships over which the prescriptive easement traverses. (The subdivider shall also submit an executed contract agreeing to save harmless, defend and indemnify the County from any and all claims, actions, and damages arising out of the use or claim to use of the prescriptive easement.) (Ord. 1352, § 1, 9/11/1979)