Chapter 2

ADMINISTRATION, PROCEDURES, AMENDMENTS AND ENFORCEMENT

CHAPTER 2

TABLE OF CONTENTS

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

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Title III Land Use and Development | Humboldt County Code

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

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Title III Land Use and Development | Humboldt County Code

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

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Title III Land Use and Development | Humboldt County Code

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

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Title III Land Use and Development | Humboldt County Code

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

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Title III Land Use and Development | Humboldt County Code

312-1 General Provisions and Administration

1.1.1 Applicability. These procedures shall apply throughout the unincorporated territory of Humboldt County. (Former Section INL#311-3; CZ#A315-1(A); Ord. 519, Sec. 1, 2, 5/11/65; Ord. 1705, 9/10/85)

1.1.2 Legal Lot Requirement. Development permits shall be issued only for a lot that was created in compliance with all applicable state and local subdivision regulations. (Former Section CZ#A315-1(B); Ord. 1705, 9/10/85)

2.4.1 Upon completion of the required Planning Division review (subsection 312-2.6), zoning clearance certificates shall be approved and immediately issued by the Director, or designee, if, based upon information provided by the applicant, all of the following findings are made: (Former Section CZ#A315-2(C)(5); Ord. 1705, 9/10/85)

2.4.1.1 The proposed development is in conformance with the Humboldt County General Plan, Open Space Plan, and the Open Space Action Program (CO-IM5. Zoning Ordinance Revision for Open Space Consistency Determinations); and

2.4.1.2 The proposed development conforms with all requirements of the Humboldt County Zoning Regulations; and (Former Section CZ#A315-2(C)(5)(a); Ord. 1705, 9/10/85)

2.4.1.3 The proposed development complies with the terms and conditions of any applicable permit and/or subdivision map that was previously approved for such development; and (Former Section CZ#A315-2(C)(5)(b); Ord. 1705, 9/10/85)

2.4.1.4 The proposed development is not located on the same lot where conditions exist or activities are being conducted which are a part of the proposed development and in violation of the Humboldt County Code, unless the zoning clearance (1) is necessary for the abatement of the existing violation(s); or (2) addresses an imminent health and/or safety violation; or (3) facilitates an accessibility improvement to a structure or site for ADA compliance consistent with Section 312-42; or (4) the applicant has executed and recorded an enforcement agreement with the County to cure the violation(s) on a form approved by the Risk Manager and County Counsel. (Former Section CZ#A315-2(C)(5)(c); Ord. 1705, 9/10/85; Ord. 2407, § 1, 12/16/ 2008)

or safety violation; or (3) facilitates an accessibility improvement to a structure or site for ADA compliance consistent with Section 312-42; or (4) the applicant has executed and recorded an enforcement agreement with the County to cure the violation(s) on a form approved by the Risk Manager and County Counsel. (Former Section CZ#A315-2(C)(5)(c); Ord. 1705, 9/10/85; Ord. 2407, § 1, 12/16/ 2008)

2.4.2 A public hearing shall not be required to be held prior to the Director’s decision to approve or deny an application for a zoning clearance certificate. (Former Section CZ#A315-2(C); Ord. 1705, 9/10/85)

2.4.3 Written notification of the Director’s decision shall be transmitted to the Building Division, within five (5) working days of the decision. (Former Section CZ#A315-2(C); Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

2.4.4 Decisions on zoning clearance certificate applications are not appealable. (Former Section CZ#A315-2(C); Ord. 1705, 9/10/85)

In addition to any other permits or approvals required by the County, including grading and building permits, any permit required by this chapter shall be secured prior to the development of any lot in the unincorporated territory of Humboldt County. The following permits shall be required: (Former Section CZ#A315-3(A); Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

3.1.1 Administrative Permit (AP). An Administrative Permit must be secured, pursuant to all requirements of this Code, prior to the initiation, modification or expansion of a use or development that is permitted with an Administrative Permit.

3.1.2 Special Permit (SP). A Special Permit must be secured, pursuant to all requirements of this Code, prior to the initiation, modification or expansion of a use or development that is permitted with a Special Permit. (Former Section CZ#A315-3(A)(1); Ord. 1705, 9/10/85; Amended by Ord. 2214, 6/6/00)

3.1.3 Use Permit (UP). A Use Permit must be secured, pursuant to all requirements of this Code, prior to the initiation, modification or expansion of a use or development that is:

• 3.1.3.1 permitted only as a conditionally permitted use, or (Former Section CZ#A315- 3(A)(2); Ord. 1705, 9/10/ 85)

3.1.3.2 for any use not specifically enumerated in these regulations, if it is similar to and compatible with the same uses permitted in the zone in which the subject property is situated. (Ord. 2214, 6/6/2000)

3.1.4 Planned Unit Development Permit (PDP). A Planned Unit Development Permit must be secured, pursuant to all requirements of this Code, prior to the initiation of a planned unit development. (Former Section INL#315-4(b); CZ#A315-3(A)(3))

3.1.5 Coastal Development Permit (CDP). A Coastal Development Permit must be secured, pursuant to the requirements of these regulations, prior to the commencement of any development within the Coastal Zone of the County, including development by State and local public agencies, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations. (See also Section 312-15, Waiver of Procedures for Emergencies. (Former Section CZ#A315-3(A)(4); Amended by Ord. 2214, 6/6/00)

3.3.1 Concurrent/Combined Permit Requirements. Whenever a development proposal requires the issuance of more than one (1) permit for approval, the applicable permit procedures shall be applied simultaneously. (Former Section CZ#A315-4(A))

3.3.1.1 A proposed development or use that requires an Administrative Permit and a Special Permit shall be processed as a Special Permit.

3.3.1.2 A proposed development or use that requires an Administrative Permit or a Special Permit and a Use Permit shall be processed as a Use Permit. (Former Section CZ#A315-4(A)(1))

3.3.1.3 A proposed development or use that requires a Planned Unit Development Permit and a Use Permit shall be processed as a Planned Unit Development Permit. (Former Section CZ#A315-4(A)(2))

3.3.1.4 A proposed development or use that requires a Special Permit, Use Permit, or Planned Unit Development Permit and a Coastal Development Permit shall be processed as a Coastal Development Permit. (Former Section CZ#A315-4(A)(3)) (Ord. 2734, § 3, 3/5/2024)

312-4 Conditions on Permits and Variances

The following persons are eligible to apply for a permit or variance; (Former Section INL#317- 3; CZ#A315-6(A)(1-2); Ord. 894, Sec. 1, 12/19/72)

5.1.1 The property owner, or owners;

5.1.2 An authorized agent of the property owner, or owners.

6.2.1 Upon acceptance of an application as complete, the Director, or designee, shall complete an environmental review of the project, as required by the California Environmental Quality Act (CEQA), and shall study the project for conformance with all applicable requirements of these regulations. (Former Section CZ#A315-6(C)(2))

6.2.2 The Director, or designee, may refer relevant portions of the completed application to those departments, agencies or individuals who received copies of the application during the application check (see, subsection 312-6.1, Application Check), or other individual/group that the Department believes may have relevant authority or expertise. (Former Section CZ#A315-6(C)(2); Amended by Ord. 2214, 6/6/00)

6.2.3 The Director, or designee, shall prepare a written report with findings and evidence in support thereof. (Former Section CZ#A315-6(C)(2))

6.4.1 At the Public Hearing, the Hearing Officer shall receive pertinent evidence concerning the permit or variance, particularly evidence about the Findings required by this Code. (See, Section 312-17, Required Findings.) (Former Section INL#317-24, 317-34, 317-40.5; Ord. 946, Sec. 4, 10/2/73; Added by Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

6.4.2 The applicant shall have the burden of establishing all facts necessary to make the required Findings. (Former Section INL#317-24, 317-34, 317-40.5; Ord. 946, Sec. 4, 10/2/73; Added by Ord. 1726, Sec. 4, 3/4/86)

6.4.3 The Hearing may be continued from time to time but shall be concluded within a reasonable period of time. (Former Section INL#317-25, 317-35; Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 1418, Sec. 1, Sec. 2, 8/26/80)

6.6.1 Development permits and variances shall be issued by the Department upon compliance with all general regulations applicable to the permitted development and all conditions that may have been imposed on the project. (Former Section CZ#A315-6(C)(5))

6.6.2 No development permit or variance shall be issued until the Department has received written certification (from all applicable jurisdictional agencies) that the development for which the permit or variance is sought complies with the applicable rules, policies and standards of their respective jurisdiction. (Former Section CZ#A315-6(C)(5))

7.3.1 An application for development which requires a report or waiver prepared pursuant to the Alquist-Priolo Fault Hazard Regulations in this Code, shall not be accepted as complete unless and until there are: (Former Section CZ#A315-9(B)(1-2))

7.3.1.1 A fully executed agreement between a geologist registered in the State of California and the County to either review the report required or to prepare a request for waiver; and,

7.3.1.2 A fully executed agreement between the County and the applicant to reimburse the County for the costs incurred pursuant to the agreement specified in subparagraph 2.8.3.1.1.

7.3.2 Within thirty (30) calendar days of receiving a complete application for development located within an Alquist-Priolo special study area, the County shall cause a geologist registered in the State of California (hereinafter called County reviewing geologist) to review the geologic report required in this Code. The review shall assess the adequacy of the documentation contained in the report, and the appropriateness of the depth of study conducted in consideration of the use proposed for the project site. The County reviewing geologist shall prepare a written review which either concurs or does not concur with the scope, methodology, interpretations, conclusions, and recommendations of the geologic report. Said review shall be subject to comment and revision as may be deemed necessary by the County. (Former Section CZ#A315-9(B); Amended by Ord. 2214, 6/6/00)

7.3.3 Within thirty (30) calendar days after acceptance of the geologic report, the County shall forward it to the State Geologist to be placed on open file. (Former Section CZ#A315- 9(B); Amended by Ord. 2214, 6/6/00)

15.2.1 A petition for waiver of the procedural requirements for necessary emergency work shall be petitioned for by letter to the Department or, if time does not allow, by phone or in person. The following information shall, when feasible to do so, be provided with the petition: (Former Section CZ#A315-27(B)(1-3))

15.2.1.1 The location, nature and cause of the emergency;

15.2.1.2 The remedial, protective or preventive work required to deal with the emergency; and

15.2.1.3 The circumstances during the emergency that appear to justify the waiver of procedural requirements, including the probable consequences of failing to take immediate corrective action.

15.3.1 The Department shall verify the existence and nature of the emergency and, insofar as time allows, the facts relied upon by the petitioner. (Former Section CZ#A315-27(C)(1))

15.3.2 The Department shall provide public notice of the emergency work, with the extent and type of notice to be determined on the basis of the nature of the emergency. (Former Section CZ#A315-27(C)(2))

15.3.3 Upon issuance of an emergency Coastal Development Permit, the Department shall inform the Coastal Commission, in writing, of the nature of the emergency and the work involved, and shall provide copies of this report to any person requesting a copy. (Former Section CZ#A315-27(C)(3))

The procedural requirements of this Chapter may be waived by the Director to allow the following development:

16.2.1 Construction of retaining walls less than four (4) feet in height with a maximum surface area of 100 square feet,

16.2.2 Demolition of non-historic structures,

• 16.2.3 Placement of private test water supply wells,

• 16.2.4 “One for one” replacement or abandonment of minor utilities,

• 16.2.5 Repair and replacement work associated with underground and above-ground storage tanks,

• 16.2.6 Installation of monitoring wells, vadose wells, temporary well points, and vapor points, and

• 16.2.7 Merger of property. (Ord. 2167, § 37, 4/7/1998; Ord. 2367A, 7/25/2006)

Unless waived by State law, the Hearing Officer may approve or conditionally approve an application for a Special Permit, Use Permit, Coastal Development Permit, or Planned Unit Development Permit only if all of the following findings, in addition to any applicable findings in Sections 312-18 through 312-49, Supplemental Findings, are made: (Former Section INL#317- 36, 317-40.7; CZ#A315-14; Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

17.1.1 The proposed development is in conformance with the County General Plan, Open Space Plan, and the Open Space Action Program (CO-IM5); (Former Section INL#317-36(c), 317-40.7(3); CZ#A315-14(A); Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86)

17.1.2 The proposed development is consistent with the purposes of the existing zone in which the site is located, or when processed in conjunction with a zone reclassification, is consistent with the purposes of the proposed zone; (Former Section INL#317-36(a), 317- 40.7(1); CZ#A315-14(B))

17.1.3 The proposed development conforms with all applicable standards and requirements of these regulations; and (Former Section CZ#A315-14(C))

17.1.4 The proposed development and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (Former Section INL#317-36(b), 317- 40.7(2); CZ#A315-14(D))

17.1.5 The proposed development does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law (the mid point of the density range specified in the plan designation) unless the following written findings are made supported by substantial evidence:

17.1.5.1 The reduction is consistent with the adopted general plan, including the housing element, and

17.1.5.2 The remaining sites identified in the housing element are adequate to accommodate the County’s share of the regional housing need pursuant to Section 65584 of the Government Code, and

17.1.5.3 The property contains insurmountable physical or environmental limitations and clustering of residential units on the developable portions has been maximized.

22.1.1 The development will be performed safely and consistent with the geologic conditions of the well site; (Former Section CZ#A315-16(F)(1)(a))

22.1.2 New or expanded facilities related to such development will be consolidated to the maximum extent feasible and legally permissible, except where: (Former Section CZ#A315-16(F)(1)(b))

22.1.2.1 Consolidation will have adverse environmental consequences; and (Former Section CZ#A315-16(F)(1)(b)(i))

22.1.2.2 Consolidation will not significantly reduce the number of producing wells, the number of sites required to produce the reservoir economically and with minimal environmental impact; and (Former Section CZ#A315-16(F)(1)(b)(ii))

22.1.3 The development will not cause or contribute to subsidence, or it is determined that adequate measures will be undertaken to prevent damage from subsidence; (Former Section CZ#A315-16(F)(1)(c))

31.2.1 There is no less environmentally damaging feasible alternative; (Former Section CZ#A315-16(E)(2)(a))

31.2.2 The best feasible mitigations, adequate to offset significant adverse impacts, are included; (Former Section CZ#A315-16(E)(2)(b))

31.2.3 Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances will be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures will be provided for accidental spills that do occur; (Former Section CZ#A315-16(E)(2)(d))

31.2.4 The proposed pipeline will follow existing utility corridors where they are present and where feasible, and will avoid sensitive habitat areas, and archaeological sites, except that where avoidance of a sensitive habitat area or archaeological site is not feasible, effective mitigation measures will be employed to minimize adverse impacts; (Former Section CZ#A315-16(E)(2)(e))

31.2.5 Active faults or other geologically unstable areas will be avoided where feasible, or the pipeline will be designed to mitigate the potential impacts of such hazards; (Former Section CZ#A315-16(E)(2)(f))

31.2.6 If above-ground pipelines must be sited in a highly scenic area, it will be visually buffered with vegetation and other means as necessary; and (Former Section CZ#A315- 16(E)(2)(g))

31.2.7 Aboveground pipelines will not be sited in Coastal Scenic Areas as designated on the Zoning Maps. (Former Section CZ#A315-16(E)(2)(h))

34.1.1 There is no less environmentally damaging feasible alternative; (Former Section CZ#A315-16(F)(2)(b)(i))

34.1.2 Sand and gravel operations will not remove sediments essential to the maintenance of beach areas used for public recreation, or which protect upland areas planned for commercial, residential or industrial use from erosion; (Former Section CZ#A315- 16(F)(2)(b)(ii))

34.1.3 The sand and gravel projects will emphasize flood control or bank protection, if applicable; (Former Section CZ#A315-16(F)(2)(b)(iii))

34.1.4 Channelization, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible; and (Former Section CZ#A315- 16(F)(2)(b)(iv))

34.1.5 Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values. (Former Section CZ#A315-16(F)(2)(b)(v))

312-35 Supplemental Coastal Zone Industrial Use Type Findings

38.1.1 The development will be sited and designed to assure stability and structural integrity for the expected economic life span while minimizing alteration of natural land forms; (Former Section CZ#A315-16(H)(2)(a))

38.1.2 Development on bluffs and cliffs (including related storm runoff, foot traffic, site preparation, construction activity, irrigation, wastewater disposal and other activities and facilities accompanying such development) will not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding areas; and (Former Section CZ#A315-16(H)(2)(b))

38.1.3 Alteration of cliffs and bluff tops, faces, or bases by excavation or other means will be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A315-16(H)(2)(c))

39.1.1 Minimum stream flows necessary to protect the anadromous stream population will be maintained; (Former Section CZ#A315-16(I)(1)(a))

39.1.2 Environmentally sensitive habitat areas will be protected against any significant disruption of habitat values; and (Former Section CZ#A315-16(I)(1)(b))

39.1.3 Channelizations, dams, or other substantial alterations of rivers and streams will incorporate the best mitigation measures feasible. (Former Section CZ#A315-16(I)(1)(c))

40.1.1 The land division is necessary for a specific agricultural purpose, such as providing a separate starter farm for a family member; and (Former Section CZ#A315-17(A)(1))

40.1.2 The land division will not lower the economic viability of agriculture on the farm unit to be subdivided and will not adversely affect the area’s agricultural economy or habitat resources. (Former Section CZ#A315-17(A)(2))