47.3 EMPLOYEE HOUSING

47.3.1 Purpose. This Employee Housing Ordinance is intended to regulate the establishment of employee housing as governed by the Employee Housing Act, California Health and Safety Code Section 17000 et seq., and to provide procedures and objective standards to facilitate permitting such employee housing appropriately. In the event that any provision in this chapter conflicts with State law, State law shall supersede in that specific conflict.

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

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47.3.2 Applicability. These sections apply when dwelling units are or are proposed to be used as employee housing on behalf of an employer, in the manner described by the Employee Housing Act, California Health and Safety Code Section 17000 et seq.

Employee Housing Definitions

47.3.3 “Agricultural employee” shall have the same meaning as defined in Section 1140.4(b) of the California Labor Code.

47.3.4 “Agricultural employee housing” shall mean employee housing for agricultural employees.

47.3.5 “Agricultural employer” shall have the same meaning as defined in Section 1140.4(c) of the California Labor Code.

47.3.6 “Employee housing” means any portion of any housing accommodation, or property upon which a housing accommodation is located, comprised of either of the following sets of features:

47.3.6.1.1 The accommodations consist of any of the following, inclusive of those maintained in one (1) or more buildings or on one (1) or more sites, the premises upon which they are situated, and the area set aside and provided for parking of mobile homes or camping:

• 47.3.6.1.1.1 Living quarters;

47.3.6.1.1.2 Dwelling;

47.3.6.1.1.3 Boardinghouse;

47.3.6.1.1.4 Tent;

47.3.6.1.1.5 Bunkhouse;

47.3.6.1.1.6 Mobile home, travel trailer, or recreational vehicle;

47.3.6.1.1.7 Manufactured home; or

47.3.6.1.1.8 Other housing accommodations;

47.3.6.1.2 The accommodations serve five (5) or more employees; and

47.3.6.1.3 The accommodations are maintained in connection with any work or any place where work is being performed; or

47.3.6.2.1 The accommodations serve five (5) or more agricultural employees of any agricultural employer(s) for either of the following:

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

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47.3.6.2.1.1 Temporary or seasonal residency; or

47.3.6.2.1.2 Permanent residency in either of the following cases:

47.3.6.2.1.2.1 If the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or

47.3.6.2.1.2.2 If the housing accommodation is subject to State Housing Law, is more than thirty (30) years old, and at least fifty-one percent (51%) of the structures or, if not separated into units, of the accommodation are occupied by agricultural employees;

47.3.6.2.2 The accommodations are not a single-family dwelling, multifamily dwelling, hotel, motel, or inn. However, if any of the following factors exist, the accommodations may be those unit types:

47.3.6.2.2.1 The housing is offered and rented to nonagricultural employees on different terms from the terms it is offered and rented to agricultural employees;

47.3.6.2.2.2 Negotiation of the terms of occupancy of the housing is not conducted separately between each occupant and either the owner of the housing or a manager of the property employed by that owner;

47.3.6.2.2.3 Any of the occupants are employed by any party with an interest in the housing, such as the owner or property manager;

47.3.6.2.2.4 Any of the occupants have rent deducted from their wages;

47.3.6.2.2.5 The owner or property manager of the housing is an agricultural employer, or an agent of an agricultural employer for the housing;

47.3.6.2.2.6 The occupants are required to live in the housing as a condition of employment or of securing employment;

47.3.6.2.2.7 The occupants were referred to live in the housing by their employer, their employer’s agent, or an agricultural employer; or

47.3.6.2.2.8 The accommodation was at any time before January 1, 1984, compliant with the definition of employee housing described by subsection 314-47.3.6.1, or Section 17008(a) of the California Health and Safety Code;

47.3.6.2.3 If the accommodations are permanent single-family employee housing, as defined by Section 17010(d) of the California Health and Safety Code (which includes single-family detached dwellings, mobile homes, and manufactured homes), a hotel, a motel, or an inn, then the accommodation must be, or have been, maintained as employee housing, consistent with the description of employee housing from subsection 314-47.3.6.1;

47.3.6.2.4 The accommodations or the property are not provided by an agricultural employer; and

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

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47.3.6.2.5 The accommodations are not maintained in connection with any work or workplace.

47.3.7 “Small-scale employee housing” means employee housing which provides accommodations for five (5) or six (6) employees. This excludes any boarding house, hotel, dormitory, or other similar term that may imply such housing is a business run for profit or differs in any other way from a single-family dwelling. Small-scale employee housing is a Single-Family Residential use and shall be permitted in all zones under the same terms that a SingleFamily Residence would be permitted within the same zone, with no additional fees.

47.3.8 “Large-scale employee housing” means employee housing which provides accommodations in the form of no more than thirty-six (36) beds in a group quarters or no more than twelve (12) units or spaces each designed for use by a single-family or household. Employee housing approved as Eligible Agricultural Employee Housing shall also be treated as large-scale employee housing for all purposes except this density limitation and the permitting requirements specific to eligible agricultural housing developments. Large-scale employee housing is a General Agricultural use and shall be permitted in all zones under the same terms that an alternative agricultural use would be permitted with in the same zone, with no additional fees.

47.3.8.1 Large-scale employee housing shall not be construed to exclude small-scale employee housing.

47.3.9 For the purposes of Use Type and zoning compatibility, Employee Housing Developments are not considered Accessory Dwelling Units.

47.3.10 Employee housing meeting the definitions in subsection 314-47.3.6 is subject to permitting by the California Department of Housing and Community Development.

47.3.11 Employee housing meeting the definitions in subsection 314-47.3.6 shall be interpreted to be included within the definition of “labor camp” as used within this division.

Agricultural Employee Housing Rehabilitation

47.3.12 Pursuant to Section 17021(b) of California Health and Safety Code, if directly associated with agricultural employee housing, the following processing requirements apply to building permits and grading permits for the rehabilitation of real property improvements and to Department of Health and Human Services permits for the operation, construction, and repair of water systems or waste disposal systems:

47.3.12.1 Complete applications shall be approved or denied by the appropriate department within sixty (60) calendar days of submittal and payment, in addition to applicable Permit Streamlining Act requirements.

47.3.12.1.1 Denials on procedural grounds may only occur within thirty (30) calendar days. Such procedural denials require itemization of the procedural defects.

47.3.12.1.2 Denials may occur on substantive grounds at any time within the sixty (60) day time frame. Such substantive denials require itemization of all the substantive defects.

47.3.12.2 If the time frame from subsection 314-47.3.12.1 is not met, the California Department of Housing and Community Development (HCD) may review and approve the application, at the County’s expense.

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

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47.3.12.2.1 Such HCD approval shall be given the same value as local approval.

47.3.12.2.2 The County may later identify defects in the project that would have resulted in denial of the proposal. The County may communicate those defects to the applicant, and the applicant shall correct them.

47.3.12.2.3 The County remains responsible for issuing a certificate of completion if applicable and sufficiently resolved.

47.3.13 The processing requirements of subsection 314-47.3.12 do not inherently create an exemption from the California Environmental Quality Act.

Zoning Clearance Certificates for Eligible Agricultural Employee Housing Developments

47.3.14 If an applicant proposes an eligible agricultural employee housing development on a site with an agricultural land use (AG, AE, and T), then the proposal may be approved subject to a Zoning Clearance Certificate if all the following conditions are satisfied:

47.3.14.1 The development satisfies all of the following for eligibility:

47.3.14.1.1 The proposed agricultural employee housing development consists of no more than thirtysix (36) units or spaces each designed for use by a single family;

47.3.14.1.2 The agricultural employee housing does not contain dormitory-style housing;

47.3.14.1.3 If consistent with the definition of employee housing in subsection 314-47.3.6.2 but inconsistent with the definition of employee housing in subsection 314-47.3.6.1, the agricultural employee housing is in a rural area;

47.3.14.1.4 The proposed agricultural housing is not ineligible for State funding due to association with the employment of any H-2A-designated temporary or seasonal agricultural workers, pursuant to Section 50205(b)(1) of California Health and Safety Code or Section 50517.10(b)(1) of California Health and Safety Code; and

47.3.14.1.5 The agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code and the following applicable conditions shall be met:

47.3.14.1.5.1 The applicant shall submit proof of issuance of the qualified affordable housing organization’s certification from the State of California; and

47.3.14.1.5.2 The qualified affordable housing organization shall provide for on-site management of the development. However, if the organization is a local public housing agency, State agency, or public multi-jurisdictional agency, that agency may either directly maintain and operate the housing development or contract such responsibilities with another qualified affordable housing

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

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organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code;

• 47.3.14.2 The development is not located on a site that is any of the following:

47.3.14.2.1 On wetlands, as defined in subsection 314-61.1.7.6.5;

47.3.14.2.2 Within a Very High Fire Hazard Severity Zone, as identified by the State Fire Marshal pursuant to Section 51178 of the California Government Code, or within a High or Very High Fire Hazard Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code;

47.3.14.2.3 A hazardous waste site, listed pursuant to Section 65962.5 of the California Government Code or designated by the Department of Toxic Substances Control pursuant to Section 78760 et seq. of California Health and Safety Code. The Department of Toxic Substances Control may, in writing, clear such designations for residential or residential mixed uses;

47.3.14.2.4 Within a delineated earthquake fault zone, as determined and mapped by the State Geologist, unless the development complies with local and State seismic protection building code standards;

47.3.14.2.5 Within a flood plain, as mapped by the Federal Emergency Management Agency (FEMA), unless the development has been issued a flood plain development permit pursuant to: Part 59 and Part 60 of Subchapter B of I of Title 44 of the Code of Federal Regulations;

47.3.14.2.6 Within a floodway, as mapped by the Federal Emergency Management Agency (FEMA);

47.3.14.2.7 Lands under a conservation easement, exclusive of lands identified by Williamson Act contracts;

47.3.14.2.8 Lands identified for conservation based on any of the following:

47.3.14.2.8.1 Adopted natural community conservation plan, pursuant to the Natural Community Conservation Planning Act;

47.3.14.2.8.2 A habitat conservation plan, pursuant to the Federal Endangered Species Act of 1973; or

47.3.14.2.8.3 Another adopted natural resource plan;

47.3.14.2.9 Lands with groundwater levels within five (5) feet of the soil surface if the development would be served by an on-site wastewater treatment system (OWTS) that would serve more than six (6) single-family housing units;

47.3.14.3 The development meets the following development standards:

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

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47.3.14.3.1 The development provides sufficient parking per unit on site, either one (1) space per dwelling unit or as required of Section 314-109.1.3 for a similarly sized residential development, whichever is less (Section 17021.8(e)(3) of Health and Safety Code);

47.3.14.3.1.1 If the development takes access from a County-maintained roadway, then, if permissible by Section 314-109.1 et seq. and opted for by the applicant, the parking lane alternative to on-site parking shall be constructed in a manner approved by the Public Works Department;

47.3.14.3.2 The development features a potable water supply capable of providing at least forty-two (42) gallons of water for drinking, cooking, bathing, and laundry purposes to each person each day at a peak rate of two and one-half (2.5) times the average hourly demand (Section 17021.8(e)(1)(A) of Health and Safety Code);

47.3.14.3.3 The development provides functional indoor plumbing facilities with distribution lines able to supply water at normal operating pressures to all fixtures when operated at the same time, including at minimum (Section 17021.8(e)(4) of Health and Safety Code):

47.3.14.3.3.1 At least one (1) sink per unit;

47.3.14.3.3.2 At least one (1) private toilet facility per two (2) bedrooms within two hundred (200) feet of the door of each bedroom, all kept in a sanitary condition;

47.3.14.3.3.3 At least one (1) private bath or shower per unit; and

47.3.14.3.3.4 Laundry facilities, including washer and dryer;

47.3.14.3.4 The development includes floor drains in all showers, baths, shower rooms, and laundry rooms (Section 17021.8(e)(4) of Health and Safety Code);

47.3.14.3.5 The development includes adequate wastewater management facilities consisting of either of the following:

47.3.14.3.5.1 At least one (1) on-site wastewater treatment system, permitted by the Department of Health and Human Services, Division of Environmental Health (DEH) for the proposed number of dwelling units (Section 17021.8(e)(1)(A) of Health and Safety Code); or

47.3.14.3.5.2 Connection to a municipal sewer system that has provided a will-serve letter for the proposed development (Section 17021.8(e)(1)(C) of Health and Safety Code);

47.3.14.3.6 The development features an energy source capable of consistently providing at least twenty (20) kilowatt-hours (kWh) per day to each household (Section 17021.8(e)(1)(A) of Health and Safety Code); and

47.3.14.3.7 The development provides indoor living spaces of at least three hundred fifty (350) square feet per household, with one hundred seventy-five (175) square feet of additional living space per additional occupant (Section 17021.8(e)(4) of Health and Safety Code).

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

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All these development standards shall be met prior to occupancy of the employee housing development or building permit “final” issuance.

47.3.15 The County shall provide written notice to the applicant within thirty (30) days of submission if the proposed agricultural employee housing development does not meet the requirements listed in subsection 314-47.3.14. Such written documentation shall identify which requirement or requirements are not met and shall provide an explanation of the reasons the development does not meet those requirements.

47.3.15.1 If the notice is not provided within thirty (30) days, the requirements of subsection 314-47.3.14.2 shall be deemed to be met. An agricultural housing development is still required to meet the conditions of subsection 314-47.3.14.1 to remain eligible for a Zoning Clearance Certificate.

47.3.16 The County shall grant a Zoning Clearance Certificate for an eligible agricultural employee housing development, in accordance with this section, unless the County can make a written finding, based upon substantial evidence, of any of the following:

47.3.16.1 The proposed development does not comply with the development standards, requirements, and conditions set forth in subsection 314-47.3.14;

47.3.16.2 The proposed development is likely to have a specific, adverse impact, as defined in Section 17021.8(h)(2) of the California Health and Safety Code, upon public health or safety, and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income households or rendering the development financially infeasible; or

47.3.16.3 The proposed agricultural employee housing development would be contrary to State or Federal law.

47.3.17 Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development shall include recording an affordability covenant to the subject property, restricting the rent of the agricultural housing to levels affordable to lower-income households for at least fifty-five (55) years.

47.3.18 Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development is not required for development that may otherwise be approved administratively as small-scale or large-scale employee housing.

47.3.19 In accordance with Section 17021.8(f) of California Health and Safety Code, the analysis and approval or justified disapproval of a Zoning Clearance Certificate for an eligible Agricultural Employee Housing Development are not discretionary acts for the purposes of the California Environmental Quality Act (CEQA), Division 13 of the California Public Resources Code.

47.3.20 In accordance with Section 17021.8(g) of California Health and Safety Code, permits for eligible agricultural employee housing developments are subject to the standard fees required of Zoning Clearance Certificates. (Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023; Ord. 2781, § 2, 1/13/ 2026)

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

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314-49 (Section Reserved for Future Use)

314-50