99.1 EXCEPTIONS TO DEVELOPMENT STANDARDS

99.1.1 Exceptions to Height Standards. Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required, or covenants and restrictions ensuring long term affordability of housing for lower income households. (Former Section INL#316-9(a); Amended by Ord. 2472, Sec. 1, 2/14/12)

99.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards. In order to encourage housing affordable to lower income households, or better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit. Exceptions for housing affordable to lower income households shall be conditioned to require covenants and restrictions ensuring long term affordability: (Former Section INL#316-9(b); Amended by Ord. 2472, Sec.1, 2/14/12)

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EXCEPTIONS TABLE
DEVELOPMENT
PERMITTED MODIFICATIONS LIMITATIONS
STANDARD
Minimum Lot Size Within mapped Housing Opportunity Such modification must be approved in
Zones Minimum Lot Size may be conjunction with a subdivision or lot
modified down to a minimum of 1,500 line adjustment. No lot created by the
square feet. Outside Housing proposed subdivision or lot line
Opportunity Zones, Minimum Lot Size adjustment shall exceed 1.8 times the
may be modified down to a maximum applicable lot size except housing
of fifty (50) percent, or 5,000 square affordable to lower income
feet, whichever is greater. households, which may be modified
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The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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EXCEPTIONS TABLE
DEVELOPMENT
PERMITTED MODIFICATIONS LIMITATIONS
STANDARD
down to a minimum of 1,500 square
feet.
Lots smaller than 3,000 square feet in
size shall not include coastal
environmentally sensitive habitat areas
or their buffers, streamside
management areas, other wet areas,
slopes greater than 15%, or other
mapped physical constraints as shown
on the current residential land
inventory GIS maps of the of the
Housing Element.
Also, the total number of lots created
by the subdivision shall not be more
than that allowed by the applicable
zone.
Minimum Lot Width Minimum Lot Width may be modified Minimum Lot Width shall not be
to a maximum of fifty (50) percent. modified below fifty (50) feet.
Maximum Lot Depth Maximum Lot Depth may be modified Maximum Lot Depth shall not be
up to a maximum of twice that modified to exceed eight (8) times the
permitted. lot width.
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99.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet (2 ½’) into the minimum required yard. (Former Section INL#316-9(c)(1); Amended by Ord. 1848, Sec. 17, 9/13/88)

99.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards. (Former Section INL#316-9(c)(2); Amended by Ord. 1848, Sec. 17, 9/13/88)

99.1.3.3 Developed Block in a Residential Zone. In any R-1, R-2, or RS Zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section INL#316-9(c)(3); Amended by Ord. 1848, Sec. 17, 9/13/88)

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99.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than 2 ½ acres in size in AE, TPZ, FR, and AG principal zones and B combining zones shall be reduced to: (Former Section INL#316-9(c)(4); Amended by Ord. 1848, Sec. 17, 9/13/88)

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Front Twenty (20) feet
Rear Ten (10) feet
Interior Side Five (5) feet
Exterior Side Twenty (20) feet
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99.1.3.5 Other Exceptions to Yard Standards. In any R-1, R-2 or RS Zone, any structure, building or any architectural feature of a building may be constructed within the front yard setback requirements in this division without a Special Permit, and within the side and rear yard setback requirements in this division provided a Special Permit is first obtained. Such reduced yard setback requirements, may be conditioned upon proportional decreases in the maximum building height allowed, and may require a setback reduction agreement with the adjoining property owner(s) unless the project is for housing affordable to lower income households with covenants and restrictions ensuring long term affordability.

Exceptions to the front yard setback may only be allowed provided all the following criteria are met:

• the setback is not reduced to less than 10 feet,

• the house is located on a dead end street, cul-de-sac, or secondary road that is not included in the Circulation Element of the General Plan,

• the garage is not located closer than 20 feet from the street,

• the driveway and parking area has adequate clearance from adjacent property lines and structures, and

• the street fully complies with County standards along the frontage of the lot. and

• the reduced setback is consistent with the County’s Visibility Ordinance. (Ord. 2313A, 12/16/2003)

(Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012)

99.1.4 Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this division provided a special permit is first obtained.

99.1.4.1 Other Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, any deck or decks may be constructed in excess of the lot coverage requirements in this division without a special permit provided all following conditions are met:

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

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99.1.4.1.1 The building area does not exceed the maximum lot coverage allowed by the zone; and

99.1.4.1.2 The total lot coverage of all structures on the lot including the proposed deck does not exceed forty percent (40%); and

99.1.4.1.3 The proposed deck does not encroach into the required setbacks; and

99.1.4.1.4 The deck is uncovered; and

99.1.4.1.5 The deck allows the passage of water so that water can percolate into the soil below. (Ord. 2313A, 12/16/2003)

In any R-1

Zone within a mapped housing opportunity zone (HOZ) on lots ten thousand (10,000) square feet or less in size, a single-story, single-family home may be constructed up to fifty percent (50%) lot coverage inclusive of garages, decks and accessory structures. (Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012; Ord. 2582, § 1, 10/3/2017)

314-100 through 314-101 (Sections Reserved for Future Use)

314-102

102.1 HEIGHT AND SIZE LIMITATIONS AND MODIFICATIONS

102.1.1 Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point on the roof; but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. (Former Section INL#316-7(a); Ord. 1623, Sec. 2, 12/13/83)

102.1.2 Detached accessory buildings in Residential (R-1, R-2, R-3, R-4, RS) Zones, and in Unclassified (U) Zones where the General Plan designates the area for residential development, shall conform with the following development standards: (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/83; Amended by Ord. 1726, Sec. 2, 3/4/86)

102.1.2.1 Maximum Building Height.

102.1.2.1.1 Fifteen (15) feet on lots 20,000 square feet or smaller in lot area.

102.1.2.1.2 Twenty-six (26) feet on lots larger than 20,000 square feet in lot area.

102.1.2.2 Maximum Gross Floor Area.

102.1.2.2.1 1,000 square feet on lots 20,000 square feet or smaller in lot area.

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

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102.1.2.2.2 1,500 square feet on lots larger than 20,000 square feet in lot area.

Detached accessory buildings exceeding the applicable development standards in this subsection may be permitted upon the securement of a Special Permit. (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/ 83; Amended by Ord. 1726, Sec. 2, 3/4/86)

102.1.3 Any fence, building, or any architectural feature of a building may be erected to a height greater than the maximum height limit of the zone in which it is located provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required. (Former Section INL#316-7(c); Ord. 519, Sec. 607, 5/11/65; Amended by Ord. , Sec. , / /88) (Ord. 2748, § 2, 10/1/2024)

314-103 through 314-104 (Sections Reserved for Future Use)

314-105

105.1 OUTDOOR LIGHTING

• 105.1.1 Purpose. These outdoor lighting regulations are intended to:

105.1.1.1 Establish reasonable design standards for outdoor lighting to minimize light pollution, while maintaining nighttime safety, utility, security, and the enjoyment of the night sky;

105.1.1.2 Minimize light trespass by limiting outdoor lighting that is misdirected;

105.1.1.3 Require lighting to be focused on the developed environment to protect the natural environment from the damaging effects of lighting trespass;

105.1.1.4 Provide a process to address degradation of the nighttime visual environment and the night sky; and

105.1.1.5 Provide a process to address light trespass.

105.1.2 General Regulations. The following regulations shall apply to all outdoor lighting, unless specified elsewhere:

105.1.2.1 To minimize the effects of light trespass and light pollution, outdoor lighting shall:

105.1.2.1.1 Be illuminated only when the area to be illuminated is actively being used or to address safety needs;

105.1.2.1.2 Limit the area to be illuminated to the area of the property engaged in a permitted activity; and

105.1.2.1.3 Be shielded and directed downward.

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

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• 105.1.2.2 All outdoor lighting fixtures shall:

105.1.2.2.1 Be fully shielded to preclude light glow above the fixture and from going beyond the intended area of illumination. Light fixtures that use translucent material to cover the light source may be acceptable if the bulbs have a correlated color temperature (CCT) of two thousand seven hundred (2,700) Kelvin (K) or less in lieu of being fully shielded.

105.1.2.2.2 Be directed downward and not toward:

105.1.2.2.2.1 Neighboring properties, the public right-of-way, biological resources, or the sky.

105.1.2.2.3 Not create light trespass or spillover onto neighboring properties or biological resources.

105.1.2.3 Other County laws or ordinances may have different requirements for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.

105.1.3 Prohibited Lighting.

105.1.3.1 The following lighting systems are prohibited:

105.1.3.1.1 Aerial lasers;

105.1.3.1.2 Search-light style lights;

105.1.3.1.3 Mercury vapor lights;

105.1.3.1.4 Flashing lights;

105.1.3.1.5 Low-pressure sodium fixtures; and

105.1.3.1.6 Any lighting that creates distraction to the traveling public.

105.1.3.2 A Conditional Use Permit may allow for lighting systems that are prohibited above to be used for a special event if the following findings can be made:

105.1.3.2.1 The lighting system is necessary for the proposed use.

105.1.3.2.2 The lighting system will not spill onto neighboring properties.

105.1.4 Exempt Lighting. The following outdoor lighting fixtures are exempt provided there is no light trespass onto neighboring properties, the night sky, or biological resources:

105.1.4.1 Temporary holiday decorations;

105.1.4.2 Light fixtures used to illuminate flags, subject to Federal and State flag code, shall use a very narrow beam of light for the purpose of confining the light to the object of interest and minimizing light trespass;

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105.1.4.3 String lights with a CCT of two thousand seven hundred (2,700) K or less, provided they are turned off by 10:00 p.m.;

105.1.4.4 Emergency lighting; and

105.1.4.5 Motion detector lighting fixtures provided:

105.1.4.5.1 Maximum time the light is on after being triggered is five (5) minutes; and

105.1.4.5.2 Light cannot be triggered from outside of the subject property.

105.1.5 Lighting for Residential Use. All outdoor lighting fixtures for residential use shall be subject to subsection 314-105.1.2.

105.1.5.1 Maximum Illumination. Outdoor lighting fixtures shall not exceed one thousand one hundred (1,100) lumens.

105.1.6 Lighting for Agricultural/Commercial/Industrial Use. All outdoor lighting fixtures for agricultural, commercial, and/or industrial use shall be installed and operated in conformance with subsection 314-105.1.2 and subsection 314-105.1.6.1:

105.1.6.1 Maximum Illumination.

105.1.6.1.1 Outdoor lighting fixtures shall not exceed three thousand two hundred (3,200) lumens.

105.1.6.1.2 When adjacent to a residential area, lighting at the property boundary line shall not exceed three-tenths (0.3) foot-candles.

105.1.6.1.3 Lighting along the public right-of-way shall not exceed one (1) foot-candle.

105.1.6.2 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of twenty (20) feet high.

105.1.6.3 Parking Lots. Parking lot lighting shall utilize bulbs that have a CCT of two thousand seven hundred (2,700) K or less between sunset and sunrise.

105.1.6.4 Modifications. The standards within subsection 314-105.1.6 may be modified with the approval of a Conditional Use Permit.

105.1.7 Athletic Field Lighting. Lighting used to illuminate the field of play shall be subject to a Conditional Use Permit.

105.1.8 Conformance Review. Any new or modified development project shall submit a lighting plan as part of the building permit application. The applicant shall, as a part of the lighting plan, submit sufficient information to enable the County Planning and Building Department to determine whether the proposed lighting complies with the provisions of this section. The lighting plan shall include the following:

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

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105.1.8.1 A site plan indicating the proposed location of all outdoor lighting fixtures that are included in the development; and

105.1.8.2 A cut sheet of the fixture(s) to be used, showing the shielding, and light dispersion, which will be shown in foot-candles and CCT.

105.1.8.3 The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts.

105.1.9 Pre-Existing Lighting. Any outdoor lighting fixture that was installed prior to the adoption of these regulations and was consistent with zoning regulations at the time of installation may remain in its installed form subject to the following:

105.1.9.1 Should the County receive a complaint for a lighting nuisance, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass or light pollution.

105.1.9.2 Substantial Change of Use and/or Alterations. If a property with noncompliant lighting substantially changes or expands uses after the effective date of these regulations, then any new outdoor lighting associated with the substantial change, expansion, and/or alteration must be compliant with this section. (Ord. 2767, § 2, 8/19/2025)

314-106

106.9 MANUFACTURED HOME PARK CONVERSION

106.9.1 Purpose. The purpose of the Manufactured home Park Conversion procedure is to ensure that any conversion of manufactured home parks to other uses is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of the proposed conversion, and that relocation and other assistance is provided to park residents when warranted, consistent with California Government Code, Section 65863.7 and 66427.4. (Ord. 2557, § 1, 8/16/2016)

106.9.2 Applicability. This Chapter applies to applications for closure of manufactured home parks. Reasons for closure may include conversion to another land use and/or financial considerations of the park owner. (Ord. 2557, § 1, 8/16/2016)

106.9.3 Definitions. The below definitions pertain to Section 106.9.1.

106.9.3.1 “Applicant” means a person or entity who has filed an application for change of use of a manufactured home park. (Ord. 2557, § 1, 8/16/2016)

106.9.3.2 “Change of use”, is defined in Civil Code 798.10, and Government Code Section 65863.7, and includes closure, cessation or change of use of the manufactured home park. It includes the use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to

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accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are sold. (Ord. 2557, § 1, 8/16/2016)

106.9.3.3 “Manufactured home park closure” includes any closure, cessation or change of use of the park. A closure includes ceasing to rent manufactured home lots for human habitation and displacement of manufactured home park residents or when 25 percent of more of the manufactured home units or lots within a park become vacant. (Ord. 2557, § 1, 8/16/2016)

106.9.3.5 “Eligible manufactured home resident” or “permanent resident” means a manufactured home resident whose manufactured home was located in a manufactured home park or resident of a recreational vehicle renting space in a manufactured home park on the date of an application for change of use. Eligible manufactured home resident includes the spouse, parents, children and grandchildren of the permanent resident when those persons resided in the manufactured home on the date of the application. (Ord. 2557, § 1, 8/16/2016)

106.9.3.6 “Legal owner” means any person or entity having an ownership interest in a manufactured home other than the registered owner, such as a lender or mortgagor.

106.9.3.7 “Manufactured home” has the meaning set forth in Section 798.3 of the California Civil Code. Mobilehomes are included in this definition. (Ord. 2557, § 1, 8/16/2016)

106.9.3.8 “Manufactured home owner” means the registered owner or registered owners of a manufactured home, regardless of the number of such owners or the form of such ownership. (Ord. 2557, § 1, 8/16/2016)

106.9.3.9 “Manufactured home park” or “park” has the same meaning set forth in Section 798.4 and 798.6 of the California Civil Code. (Ord. 2557, § 1, 8/16/2016)

106.9.3.10 “Manufactured home park owner” or “park owner” means the person, persons or entity that owns a manufactured home park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this chapter. (Ord. 2557, § 1, 8/16/2016)

106.9.3.13 “Manufactured home renter” or “renter” is a person who occupies a manufactured home within a manufactured home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that manufactured home. (Ord. 2557, § 1, 8/16/2016)

106.9.4 Permit Requirements for a Change of Use. The conversion of an existing manufactured home park to another use shall require a special permit to be reviewed and approved by the Planning Commission. It is the park owner’s responsibility to comply with the notice requirements of subsections g (l) and (2) of Civil Code Section 798.56. Because the Civil Code Section 798.56(g)(2) notice cannot be given until after the approval of both the project and the sufficiency of the relocation impact report (RIR), the park owner is encouraged to consult with staff early in the process about the contents of the RIR. (Ord. 2557, § 1, 8/16/2016)

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106.9.5 Relocation Impact Report. An application for a special permit for a conversion of an existing manufactured home park to another use shall include a relocation impact report (RIR) with all the following information.

106.9.5.1 A general description of any proposed change of use, or change without new use;

106.9.5.2 A timetable for conversion of the park;

106.9.5.3 A legal description of the park;

106.9.5.4 The number of spaces in the park, length of occupancy by the current occupant of each space and current rental rate for each space;

106.9.5.5 The date of manufacture and size of each manufactured home, description of outbuildings and accessory structures construction on the lots and the cost to move them;

106.9.5.6 The name and mailing address of each eligible manufactured home tenant, manufactured home resident, resident manufactured home owner and legal owner of a manufactured home in the park;

106.9.5.7 A list of comparable manufactured home parks within a thirty mile radius of the applicant’s manufactured home park. For each comparable park, the list should, if possible, state the criteria of that park for accepting relocated manufactured homes, rental rates and the name, number and size of spaces, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured home park owners willing to accept displaced manufactured homes;

106.9.5.8 The purchase price of other housing of similar in size to the manufactured homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance including, but not limited to, fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits;

106.9.5.9 Estimates as to the minimum cost of moving each manufactured home, including tear-down and set-up of manufactured homes and moving of improvements such as porches, carports, patios and other moveable amenities installed by the residents;

106.9.5.10 An in-place appraisal conducted by a qualified appraiser. The appraisals shall identify those manufactured homes which cannot be moved due to type, age or other considerations. Appraisal information shall be provided on the effect upon the homeowner’s investment in the manufactured home, such as the change in value of effected manufactured homes that would result from the proposed change in use.

106.9.5.11 Identification of a qualified relocation specialist to assist residents in finding relocation spaces and alternate housing;

106.9.5.12 A Relocation Plan as specified in Section 106.9.7 below. (Ord. 2557, § 1, 8/16/2016)

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106.9.6 Notice Requirements. The following notice requirements are in addition to any notice regularly required for special permits. The applicant shall verify that a good faith effort has been made to ensure that each manufactured home owner and tenant has received or will receive each of the following notices and documents. No hearing on a proposed manufactured home park closure shall be scheduled until the applicant has provided verification of notification. (Added by Ord. 2557, Sec. 1, 08/16/2016)

ired for special permits. The applicant shall verify that a good faith effort has been made to ensure that each manufactured home owner and tenant has received or will receive each of the following notices and documents. No hearing on a proposed manufactured home park closure shall be scheduled until the applicant has provided verification of notification. (Added by Ord. 2557, Sec. 1, 08/16/2016)

106.9.6.1 Notice of Intent. A Notice of Intent by the applicant to convert or close the manufactured home park shall be sent by the applicant by certified mail at least nine (9) months prior to submittal of the special permit application to the County. After the Notice of Intent has been issued, the applicant shall inform all new or prospective residents and/or manufactured home owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g). (Ord. 2557, § 1, 8/16/2016)

106.9.6.2 Written Notice & Relocation Impact Report. A written notice, in addition to the regular public hearing notice shall be delivered at least 15 days before the application submittal for a special permit, informing residents that the applicant will be appearing before the Planning Commission to request permits for a change of use of the manufactured home park. A copy of the Relocation Impact Report shall be included with this notice. (Ord. 2557, § 1, 8/16/2016)

106.9.6.3 Notice of termination of tenancy. The applicant shall provide all residents proposed to be displaced and the owners of manufactured home proposed to be displaced a written “notice of termination of tenancy” that provides the affected residents or owners a minimum of six (6) months’ notice to vacate following the effective date of the approved special permit. The notice shall be sent by certified mail to each manufactured home owner and tenant within 10 calendar days following the effective date of the approved special permit. (Ord. 2557, § 1, 8/16/2016)

106.9.7 Conditions of Approval. Approval of a special permit shall include reasonable conditions of approval which shall not exceed the reasonable costs as set forth in this ordinance. Manufactured home park owners who are not permanent residents are not eligible for relocation benefits. The special permit shall identify relocation options for each displaced manufactured home occupant in a Relocation Plan, as follows:

proval.** Approval of a special permit shall include reasonable conditions of approval which shall not exceed the reasonable costs as set forth in this ordinance. Manufactured home park owners who are not permanent residents are not eligible for relocation benefits. The special permit shall identify relocation options for each displaced manufactured home occupant in a Relocation Plan, as follows:

106.9.7.1 Relocation assistance for manufactured home owners whose homes can be relocated. The applicant shall pay all costs related to moving the manufactured home, fixtures, and accessories to comparable manufactured home park within a reasonable distance. Relocation shall include disassembly and moving costs, manufactured home set-up costs, utility hook-up fees, moving of the manufactured home owner’s possessions, any move-in deposit and the reasonable housing expenses for displaced manufactured home residents for a period not exceeding 30 days from the date of actual displacement until the date of occupancy at the new site. The comparable manufactured home park, or manufactured home ownerapproved receiving site, and the relocated manufactured home shall conform to all applicable Federal, State, and County regulations. In addition, the applicant shall provide displaced manufactured home owners with the payment of a lump sum equal to the difference of rent between the old and new manufactured home park spaces for a period of 12 months, if the new rent exceeds the old rent. (Ord. 2557, § 1, 8/16/2016)

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106.9.7.2 Relocation assistance for manufactured home owners whose homes cannot be relocated. In

cases in which it is not feasible to relocate the manufactured home to a comparable manufactured home park, including those in which the condition of the manufactured home is such that it cannot be safely relocated, or in cases where the manufactured home does not meet minimum requirements to be accepted into another manufactured home park, the applicant shall provide the following relocation assistance to each manufactured home owner who is a permanent resident:

106.9.7.2.1 The applicant shall be required to pay for the in-place value of the manufactured home and cost of disposal of the manufactured home in an approved facility; and

106.9.7.2.2 Each displaced manufactured home household will received a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety code Section 50052.5 (h), to accommodate the displaced household for a period of 12 months. Lump sum funds due the resident may be paid directly to the new park owner as pre-paid rent upon request by the displaced household. (Ord. 2557, § 1, 8/16/2016)

ived a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety code Section 50052.5 (h), to accommodate the displaced household for a period of 12 months. Lump sum funds due the resident may be paid directly to the new park owner as pre-paid rent upon request by the displaced household. (Ord. 2557, § 1, 8/16/2016)

106.9.7.3 Relocation Assistance for non-manufactured home residents. For permanent residents whose residential units do not meet the definition of a manufactured home, such as a recreational vehicle, the applicant shall pay the same benefits as a manufactured home resident. (Ord. 2557, § 1, 8/16/2016)

106.9.7.4 Relocation assistance for manufactured home renters. The applicant shall pay a sum equal to

three months of fair market rent for the area as determined by HUD pursuant to Section 1437(c)(1) of Title 42 of the Unites States Code or four thousand dollars ($4,000) , whichever is greater, to each displaced household. (Ord. 2557, § 1, 8/16/2016)

106.9.7.5 Relocation Counselor. The applicant shall offer to provide to all displaced manufactured home owners and residents the services of a Relocation Counselor to provide information about the available housing resources and to assist with the selection of suitable relocation alternatives.

106.9.7.5.1 The Relocation Counselor shall be familiar with the region’s housing market and qualified to assist residents to evaluate, select, and secure placement in the replacement housing, to arrange the moving of all of the household’s personal property, and to render financial advice on qualifying for various housing types. (Ord. 2557, § 1, 8/16/2016)

106.9.7.5.2 No later than 30 calendar days after the issuance of the special permit for the manufactured home park closure, the Relocation Counselor shall make personal contract with each displaced resident of the manufactured home park and commence to determine the applicable relocation costs and assistance to be provided. The relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the special permit. (Ord. 2557, § 1, 8/16/2016)

(Ord. 2557, § 1, 8/16/2016)

106.9.8 Vacancy of Manufactured home Park of 25 Percent or More.

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106.9.8.1 Whenever 25 percent or more of the total number of manufactured home sites within a manufactured home park are uninhabited for more than 90 consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the manufactured home park owner, then such condition shall be deemed a “manufactured home park closure” for the purposes of this ordinance. The manufactured home park owner shall file an application for the manufactured home park closure, in compliance with this Section. A manufactured home site is considered to be “uninhabited” when no rent is being paid for use of the site and it is either (i) unoccupied by a manufactured home or (ii) occupied by a manufactured home in which no person resides. (Ord. 2557, § 1, 8/16/2016)

106.9.8.2 A manufactured home resident or other interested party who has reason to believe that 25% or more of the total number of manufactured home sites within a manufactured home park are uninhabited may file a written statement to that effect with the Director of Planning and Building. The Director or his designee shall investigate and make a determination as to whether an unauthorized manufactured home park closure is underway. Once the Director determines whether an unauthorized manufactured home park closure is underway, a written notice that describes such determination shall be sent by the County to the manufactured home park owner, manufactured home park manager, and the person who filed the written complaint. (Ord. 2557, § 1, 8/16/2016)

106.9.9 Request for Exemption from Relocation Assistance Requirements.

106.9.9.1 Any person who files an application for a special permit for the closure of a manufactured home park may, simultaneous with and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described above in Section 106.9.7 (Conditions of Approval). The request shall be processed in conjunction with the application for the special permit, and shall be distributed to each resident household and manufactured home owner at the time of application submittal, as specified in Section 106.9.6.2. (Ord. 2557, § 1, 8/16/2016)

106.9.9.2 The applicant may request an exemption if the relocation assistance required exceeds the reasonable costs of relocation for displaced manufactured home park residents, as prescribed by Government Code Section 65863.7 (e), or as part of bankruptcy the court has taken action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part, or if the relocation assistance required would cause an undue burden or hardship. (Ord. 2557, § 1, 8/16/2016)

106.9.9.3 Any request for exemptions submitted in compliance with this section shall contain at a minimum, the following information:

106.9.9.3.1 Statements of profit and loss from operations of the manufactured home park for the fiveyear period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.

106.9.9.3.2 An estimate of the total cost of relocation assistance which would be required in compliance with Section 106.9.7 (Conditions of Approval). This estimate shall be based on surveys, appraisals and reports that document the number of residents of the park who are able to relocate their manufactured

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homes and those who would sell their manufactured homes, and the costs related to providing the relocation assistance.

106.9.9.3.3 If the applicant contends that continued use of the property as a manufactured home park necessitates repairs and/or improvements that are not the result of the park owner or applicant’s negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the manufactured home park economically feasible, then the report shall include a report by a civil engineer or licenses general contractor outlining the costs.

106.9.9.3.4 If the proposed closure is due to conversion of the land to another use an estimate of the value of the manufactured home park, an estimate of the value as is, and estimate of value after the change will be required. These estimates shall be prepared by a certified real estate appraiser.

106.9.9.3.5 Any request for exemption filed pursuant to Subsection 106.9.9.1, above, shall be accompanied by adequate documentation regarding the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of the said court. (Ord. 2557, § 1, 8/16/2016)

106.9.9.4 When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the Commission may take into account the financial history of the manufactured home park, its condition and the condition of the amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a manufactured home park, and any other pertinent evidence requested or presented. The Commission shall expressly indicate in its decision any waiver and the extent thereof. (Ord. 2557, § 1, 8/ 16/2016)

106.9.9.5 Where a court has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a manufactured home park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the Commission shall have the authority to waive all or a portion of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court. (Ord. 2557, § 1, 8/16/2016)

314-107

107.1 MANUFACTURED HOME PARKS

All manufactured home parks shall be subject to the following requirements: (Former Section INL#316-12; Ord. 1086, Sec. 19, 7/13/76)

107.1.1 No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section INL#316-12(a); Ord. 1086, Sec. 19, 7/13/76)

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107.1.2 A minimum recreation area of 1,500 net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section INL#316-12(b); Ord. 1086, Sec. 19, 7/13/76)

107.1.3 Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. (Former Section INL#316-12(c); Ord. 1086, Sec. 19, 7/13/76)

107.1.4 Access.

107.1.4.1 All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section INL#316-12(d)(1); Ord. 1086, Sec. 19, 7/13/76)

107.1.4.2 All circulation roads within the park shall be: (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)

107.1.4.2.1 a minimum of twenty-four (24) feet (two-way traffic) from curb to curb, and (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)

107.1.4.2.2 increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)

107.1.4.3 All roads and parking spaces shall be permanently paved. (Former Section INL#316-12(d)(3); Ord. 1086, Sec. 19, 7/13/76)

107.1.5 Parking.

107.1.5.1 Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long. (Former Section INL#316-12(e)(1); Ord. 1086, Sec. 19, 7/13/76)

107.1.5.2 Guest parking shall be provided at a ratio of one space for every four (4) manufactured home sites. On-street parking is acceptable in meeting this requirement if all streets serving the manufactured homes have a usable width of not less than forty (40) feet to accommodate parking. If the streets within the manufactured home park have a usable area of less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no more than two hundred (200) feet apart. (Former Section INL#316-12(e)(2); Ord. 1086, Sec. 19, 7/13/76)

107.1.5.3 If any type of commercial use is proposed within the manufactured home park, additional parking shall be provided as required by the Off-Street Parking Requirements of this Code. (Former Section INL#316-12(e)(3); Ord. 1086, Sec. 19, 7/13/76)

107.1.6 Fencing and Landscaping.

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107.1.6.1 Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening or planting along all boundaries of the manufactured home park site that abut on public roads or on property lines. (Former Section INL#316-12(f)(1); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)

107.1.6.2 All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section INL#316-12(f)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)

107.1.7 Preliminary Site Plan Submission Requirements. In addition to the general Use Permit application requirements, the application for a Use Permit to construct a new manufactured home park or to expand an existing mobile home park shall be accompanied by a plot plan showing the general layout of the entire manufactured home park and drawn to a scale not smaller than one (1) inch representing forty (40) feet. The drawing shall show the information required by the Planning Division. (Former Section INL#316-12(g); Ord. 1086, Sec. 19, 7/13/76)

107.1.8 The Hearing Officer may modify the requirements of this Section for an existing substandard park proposed to be enlarged or extended provided that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result. (Former Section INL#316-12(h); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)

107.2 MERGER OF SUBSTANDARD LOTS

107.2.1 A substandard lot can be developed or sold if:

107.2.1.1 The substandard lot in question was lawfully created; and

107.2.1.2 The substandard lot has not been merged with adjoining property.

107.2.2 Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section INL#317-64; Ord. 1104, Sec. 3, 10/5/ 76; amended by Ord. 1876, Sec. 14, 9/26/89)

314-108 (Section Reserved for Future Use)

314-109

109.1 OFF-STREET PARKING

109.1.1 Purpose and Intent.

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109.1.1.1 Purpose. The general purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking and thereby permitting safe passage of passengers to and from their destinations. (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/ 85)

109.1.1.2 Intent. The intent of these off-street parking requirements is to provide for the on-site, off-street parking of motor vehicles associated with any use or uses on the premises. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. The facilities required by these requirements represent the minimum that will be required by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in these requirements. (See, “Adequate Off-Street Parking” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)

109.1.2 General Requirements.

109.1.2.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently close to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00, Amended by Ord. 2313A, 12/16/03)

109.1.2.1.1 Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.1 A substitute parking area is to be provided and remain available for as long as the use to which the required parking pertains shall continue; and (Former Section INL#316-13.2(a)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.2 The substitute parking area is within an area designated in the General Plan for commercial or other business use and within which parking is a permitted and compatible use; and (Former Section INL#316-13.2(a)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.3 All or part of the substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage; and (Former Section INL#316-13.2(a)(3); Added by Ord. 1668, Sec. 3, 1/ 15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.4 The substitute parking area is owned by the owner of the property on which the use for which the parking is being provided or is owned by a public entity empowered to provide public

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parking facilities; or (Former Section INL#316-13.2(a)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.5 Consistent with those of the requirements of subsections 109.1.2.1.1.1 through 109.1.2.1.1.4 which may be applicable, there is available a site specifically designated for entrepreneurial parking at which substitute parking can be provided at the expense of the party seeking the exception to on-site parking. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.5.1 When the substitute parking is provided in this manner, a Use Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.1.1.5.2 In either instance, the Use Permit shall contain conditions providing that an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2 Size and Improvement.

109.1.2.2.1 Each normal size parking space shall be not less than eight (8) feet wide, eighteen (18) feet long and contain seven (7) feet of vertical clearance. (Former Section INL#316-13.2(b)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.2 Each compact car space shall be not less than seven and one-half (7 1/2) feet wide and sixteen (16) feet long. (Former Section INL#316-13.2(b)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.2.1 No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section INL#316-13.2(b)(2)(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.2.2 In lots where compact car spaces are permitted, up to twenty-five percent (25%) of all spaces in the lot may be compact car parking spaces. (Former Section INL#316-13.2(b)(2)(b); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.2.3 Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section INL#316-13.2(b)(2)(c); Added by Ord. 1668, Sec. 3, 1/15/ 85; Amended by Ord. 1692, Sec. 1, 6/11/85)

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109.1.2.2.3 Each loading space shall be not less than ten (10) feet wide, sixty (60) feet long and shall contain at least fourteen (14) feet of vertical clearance. (Former Section INL#316-13.2(b)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.4 In recreation areas adequate parking facilities shall be provided, consistent with the level of anticipated use. Special Parking provisions shall be made for recreation vehicles and boats and trailers. (Former Section INL#316-13.2(b)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.2.5 All parking spaces, driveway locations, and maneuvering areas shall be improved to levels consistent with the anticipated uses as determined by the Department of Public Works. (Former Section INL#316-13.2(b)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.3 Required Off-Street Parking.

109.1.2.3.1 Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.3.2 Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that additional parking shall be required only for such addition, enlargement, or change and not the entire building or use. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.4 Requirements for Lots Fronting Unimproved Roads. Whenever a use for which off-street parking is required is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, the following provisions shall be applicable: (Former Section INL#316-13.2(d); Added by Ord. 1668, Sec. 3, 1/ 15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.4.1 Additional improved off-street parking must be provided consistent with the standards of Section 314-109.1.3, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section INL#316-13.2(d)(1); Added by Ord. 1668, Sec. 3, 1/15/ 85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.4.2 If the lot frontage exceeds one hundred twenty (120) feet the parking lane shall not be required to accommodate more than three (3) vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the Appendix to Title III, Division 2 of this Code, establishing subdivision design and improvement standards. (Former Section INL#316-13.2(d)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.5 Parking Requirements for Uses Not in Compliance With Current Parking Requirements.

109.1.2.5.1 No additional parking spaces shall be required:

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109.1.2.5.1.1 Whenever existing uses not in compliance with the parking standards of this Code are transferred to new owners or operators who will continue the use without significant change, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.5.1.2 When new uses are initiated within existing structures which generate the same level of parking demand as the former use, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.5.1.3 When the new use generates a lower parking demand. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)

109.1.2.5.2 Whenever the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section INL#316-13.2(e)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.5.3 Whenever the use of any premises which is not in compliance with the parking standards of this Code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this Code shall be provided only for the additional intensity of the use, and not for the entire use. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)

109.1.2.5.4 Levels of use, as they relate to this division, shall be determined by the Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district. (Former Section INL#316-13.2(e)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.6 Multiple Uses and Joint Use. Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing. (Former Section INL#316-13.2(f); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.7 Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property where the parking area is located. (Former Section INL#316-13.2(g); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.8 Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide parking spaces for the physically handicapped in compliance with Section 431-2 of the Humboldt County Code and the following provisions: (Former Section INL#316-13.2(h); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

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109.1.2.8.1 Handicapped parking spaces shall be at least fourteen (14) feet wide and eighteen (18) feet long. (Former Section INL#316-13.2(h)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.8.2 Parking facilities containing six (6) through (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the international symbol of accessibility. One more handicapped space shall be provided for each additional forty (40) spaces or increment thereof. (Former Section INL#316-13.2(h)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.8.3 Two (2) handicapped spaces permanently signed, shall be required in conjunction with any use or combined uses which occur within a space of more than 10,000 square feet gross floor area. (Former Section INL#316-13.2(h)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth in this Code shall be fixed by the Director and be based upon available studies and standards for the most comparable use. (Former Section INL#316-13.2(i); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.10 Fractional Spaces. Where the application of the parking requirement schedule results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number. (Former Section INL#316-13.2(j); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.11 Variable Demand. Where the demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand. (Former Section INL#316-13.2(k); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)

109.1.2.12 Exceptions by Petition. Exceptions to the requirements for the number of off-street parking spaces may be allowed by filing an exception petition containing information in support of the exception. Exceptions may be granted by the hearing officer based upon the following factors: (Former Section INL#316-13.2(l); Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 1842, Sec. 12, 8/16/88)

109.1.2.12.1 Geographic location of site;

109.1.2.12.2 Identification as a Rural Center in the Community Plan;

109.1.2.12.3 Site specific topographic constraints;

109.1.2.12.4 Historically designated structures;

109.1.2.12.5 Proximity to urban built-up areas; and

109.1.2.12.6 Levels of anticipated use.

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109.1.3 Parking Spaces Required. The number of off-street parking spaces required shall not be less than specified in this Section: (Former Section INL#316-13.3; Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1 Residential Uses.

109.1.3.1.1 One (1) Family and Two (2) Family Dwellings.

109.1.3.1.1.1 Spaces Required, Setback. One (1) parking space is required for each dwelling unit containing one (1) bedroom or less; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall not be sited in the front-yard setback. The following exception applies to accessory dwelling units:

109.1.3.1.1.1.1 Accessory Dwelling Unit Exceptions.

109.1.3.1.1.1.1.1 One (1) parking space for each accessory dwelling unit. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

109.1.3.1.1.1.1.2 Parking standards for an ADU shall not apply if the ADU is (1) located within one-half (1/2) mile of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.

(Former Section INL#316-13.3(a)(1)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/ 11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.1.2 Except as provided in subsection 314-109.1.3.1.1.3, when a single-family residence or duplex is proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.1.1.1, shall be located outside of the front-yard setback. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. Parking shall be provided as follows: (Former Section INL#316-13.3(a)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/ 85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2313A, 12/16/03)

independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. Parking shall be provided as follows: (Former Section INL#316-13.3(a)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/ 85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2313A, 12/16/03)

109.1.3.1.1.2.1 One (1) space for each single-family residence and each unit of a duplex containing one (1) bedroom or less. (Former Section INL#316-13.3(a)(1)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

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109.1.3.1.1.2.2 One (1) space for an attached second or secondary dwelling unit and each unit of a duplex containing two (2) or more bedrooms. (Former Section INL#316-13.3(a)(1)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04)

109.1.3.1.1.2.3 Two (2) spaces for each single-family residence containing two (2) or more bedrooms. (Former Section INL#316-13.3(a)(1) (b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.1.2.4 Housing Opportunity Zone Exceptions. Within mapped Housing Opportunity Zones, no additional parking shall be required for dwelling units 1,000 square feet or less in total gross floor area, regardless of the number of bedrooms.

109.1.3.1.1.3 Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(1) (c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.1.4 Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code. (See also, Division 4, Chapter 1, Encroachment.) (Former Section INL#316-13.3(a)(1) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2 Family Dwellings with More than Two Dwelling Units.

109.1.3.1.2.1 One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2 1/2) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section INL#316-13.3(a)(2)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

.2.1 One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2 1/2) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section INL#316-13.3(a)(2)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2.2 Except as provided in subsection 314-109.1.3.1.2.3, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.2.1, shall be provided as follows: (Former Section INL#316-13.3(a)(2)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2.2.1 One-half (1/2) space for each one- bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2.2.2 Three-fourths (3/4) space for each two (2) or three (3) bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/ 85; Amended by Ord. 1842, Sec. 13, 8/16/88)

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109.1.3.1.2.2.3 One (1) space for each four-bedroom unit. (Former Section INL#316-13.3(a)(2)(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2.3 Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(2)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.2.4 Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code (see Section 411, and following). (Former Section INL#316-13.3(a)(2) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.3 Hotel, Motel, Boarding and Rooming Houses. One (l) parking space for each sleeping unit plus two (2) manager parking spaces. (Former Section INL#316-13.3(a)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04; Amended by Ord. 2472, Sec. 1, 2/14/12)

109.1.3.1.4 Senior Housing Complex. One (l) parking space for every two (2) dwelling units. A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified herein. (Former Section INL#316-13.3(a)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

• One (l) parking space for every two (2) dwelling units. A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified herein. (Former Section INL#316-13.3(a)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.1.5 Emergency Shelters. One (1) space per employee working in the emergency shelter, but not more than the parking required for other residential or commercial uses within the same zone. Emergency shelters may include day shelters and low barrier navigation centers.

109.1.3.1.6 SRO Facilities. One (1) parking space per each two (2) SRO units.

109.1.3.2 Institutional Uses.

109.1.3.2.1 Hospitals. One (l) parking space per bed plus one (l) for every three (3) employees and medical staff members. (Former Section INL#316-13.3(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.2 Clinics/Doctor’s Office. One (l) parking space for every 300 square feet of gross floor area plus one (l) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section INL#316-13.3(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.3 Churches. One (l) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshall, in the largest assembly area of the church, plus one (l) parking space for

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every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section INL#316-13.3(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.4 Schools.

109.1.3.2.4.1 Kindergarten or Day Care. One (1) parking space for every ten (10) children plus one (l) for each employee; additionally, sufficient loading area shall be provided for, the safe loading and unloading of children and adults. (Former Section INL#316-13.3(b)(4)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.4.2 Elementary Schools. One (l) parking space for every ten (10) children plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.4.3 High Schools. One (l) parking space for every five (5) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.4.4 College and Trade Schools. One (l) parking space for every three (3) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.2.5 Residential Care Homes. One (l) parking space for every five (5) licensed patient beds and the higher of one (l) parking space for every 500 square feet of gross floor area, or one (1) parking space for each employee of the peak shift. (Former Section INL#316-13.3(b)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.3 Commercial Uses.

109.1.3.3.1 Retail Sales or Service. One (1) space for every 300 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/ 88)

109.1.3.3.2 Furniture or Appliance Sales. One (1) parking space for every 750 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.3.3 Restaurants. The higher of one (l) parking space for each 200 square feet of gross floor area or one (1) parking space for every four (4) seats. Additionally, one (1) parking space for every two (2) employees. (Former Section INL#316-13.3(c)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

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109.1.3.3.4 Theaters or Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section INL#316-13.3(c)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area plus one (1) space for each employee. (Former Section INL#316-13.3(c)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.3.6 Dance or Amusement Halls. The higher of one (1) parking space for every four (4) seats or one (1) parking space for each 200 square feet of gross floor area. (Former Section INL#316-13.3(c)(6); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/ 88)

109.1.3.3.7 Shopping Centers. A shopping center covering two acres shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers covering less than two (2) acres shall provide parking spaces as identified for retail sales or service uses. (Former Section INL#316-13.3(c)(7); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.4 Industrial Uses.

109.1.3.4.1 Management. The parking requirements for office space associated with industrial uses shall be the same as identified for commercial type offices. (Former Section INL#316-13.3(d)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.4.2 Manufacturing. The higher of one parking space for each 1500 square feet of gross floor space within all enclosed building areas or one (1) parking space for each employee at the peak shift. A minimum of two (2) parking spaces are required. (Former Section INL#316-13.3(d)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.3.4.3 Warehouse. The higher of one (1) parking space for every four (4) employees or one (1) parking space for each 2,500 square feet of gross floor area. (Former Section INL#316-13.3(d)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)

109.1.4 Loading Spaces Required. The number of off-street loading spaces required for commercial and industrial uses shall be no less than: (Former Section INL#316-13.4; Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)

109.1.4.1 One (1) loading space for each 20,000 square feet of gross floor area, or portion thereof. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)

109.1.4.2 The loading space requirement for uses containing 10,000 square feet or less may be eliminated upon issuance of a Special Permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)

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109.1.4.3 Exceptions.

109.1.4.3.1 Exceptions to loading space size requirements may be allowed by filing an exception petition containing sufficient information in support of the exception to the Planning Division. (Former Section INL#316-13.4(b); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)

109.1.4.3.2 Exceptions may be granted by the Hearing Officer based on the following factors: (Former Section INL#316-13.4(b)(1); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)

109.1.4.3.2.1 geographic location of the site;

109.1.4.3.2.2 identification as a Rural Center in the Community Plan;

109.1.4.3.2.3 site specific topographic constraints;

109.1.4.3.2.4 historically designated structures;

109.1.4.3.2.5 proximity to urban built-up areas; and

109.1.4.3.2.6 levels of anticipated use.

109.1.5 Additional Requirements.

109.1.5.1 Any off-street parking area for other than residential uses wherein five (5) or more spaces are proposed shall be in conformance with the standards in this Code which pertain to encroachment (Section 411 and following), and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section INL#316-13.5 (a); Added by Ord. 1668, Sec. 7, 1/15/85)

109.1.5.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, shall be appropriately placed within off-street parking areas which are equivalent to not less than two percent (2%) of the total area devoted to such off-street parking areas and associated drives or aisles. Such landscaping shall be designed to be consistent with Title III, Division 4, of this Code relating to visibility corridors along streets and highways. The Planning Commission may require a landscaping plan approved by the Design Review Committee established as part of each area plan. (Former Section INL#316-13.5 (b); Added by Ord. 1668, Sec. 7, 1/15/85) (Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 5, 9/1/2020; Ord. 2693, § 5, 6/7/2022; Ord. 2719, § 7, 7/11/2023)

314-110

110.1 PARKLAND DEDICATION

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110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section INL#316-23(A); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section INL#316-23(B); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)

110.1.3 Requirements. As a condition of approval of a Final Map or Parcel Map the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section INL#316-23(C); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.3.1 For new subdivisions containing fifty-one (51) or more parcels: (Former Section INL#316-23(C)(1)); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.3.1.1 an offer of dedication land to a public or private non-profit agency for public park or recreation use as identified in the County General Plan and Eureka Community Plan, according to the formula and standards set forth in Section 314-110.1.5 and trails and support facilities identified in the County Trails Plan; or (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)

110.1.3.1.2 an in-lieu fee, in accordance with the provisions of Section 314-110.1.6 to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether dedication of land or in-lieu fees shall be required. (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)

110.1.3.2 For new subdivisions containing fifty (50) or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of Section 314-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment. (Former Section INL#316-23(C)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.3.3 Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Former Section INL#316-23(C)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three (3) acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to Section 314-110.1.5 for the determination of parkland dedication. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

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110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section INL#316-23(D); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.5.1 130 square feet per person multiplied by the average number of persons per household. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.5.2 The average number of persons per household shall be determined by the Planning and Building Divisions based on demographic research and available County Census data from the United States Bureau of the Census. (Former Section INL#316-23(D)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6 Fees In-Lieu of Land Dedication.

110.1.6.1 Where a fee is required to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 314-110.1.4.3. The fair market value shall be determined in conjunction with the County Assessor at the time of filing the Tentative Map or Tentative Parcel Map. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6.2 If the subdivider objects to the fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining fair market value. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.6.3 A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section 316-23(F); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.

110.1.7.1 The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7.2 The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.7.3 If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time

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the request for reconveyance is made to the County. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)

110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The

procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows: (Former Section 316-23(H); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.1 At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in-lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted. (Former Section 316-23(H)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.2 At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. (Former Section 316-23(H)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3 The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in-lieu thereof be required, or that a combination of both be required. In making this

determination the Planning Commission shall consider the following: (Former Section 316-23(H)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3.1 The Humboldt County General Plan; (Former Section 316-23(H)(3)(a); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3.2 Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section 316-23(H)(3)(b); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3.3 Size and shape of the land in the subdivision available for dedication; (Former Section 316-23(H)(3)(c); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2214, 6/6/00)

110.1.8.3.4 Feasibility of dedication; (Former Section 316-23(H)(3)(d); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3.5 Availability and adequacy of previously acquired park property; and (Former Section 316-23(H)(3)(e); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.8.3.6 The desirability of fees being used for indoor recreational facilities. (Former Section 316-23(H)(3)(f); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreation area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in-lieu thereof if the Planning Commission finds that it is in the public interest to do so and that the following standards are met: (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)

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

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110.1.9.1 That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section 316-23(I)(1); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.2 That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section 316-23(I)(2); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.3 That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor; (Former Section 316-23(I)(3); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.4 That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section 316-23(I)(4); Added by Ord. 2103, Sec. 4, 1/9/96)

110.1.9.5 That facilities proposed for the open space are in substantial accordance with the provisions of the Humboldt County General Plan. (Former Section 316-23(I)(5); Added by Ord. 2103, Sec. 4, 1/9/96)

Before credit is given, the Planning Commission shall make findings that the standards herein are met. (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)

110.2 PLOT PLAN APPROVAL

In order to assure compliance with the land use and development regulations, the Humboldt County Building Division shall not issue any building permit until a plot plan or site plan showing the work to be done as it relates to surrounding uses and property lines has been approved by the Planning Division. All requests for plot plan or site plan approval shall be accompanied by a fee as established by resolution of the Board of Supervisors. (For more on plot plan approval, see Chapter 2, Zoning Clearance Certificate Procedures, Section 312-2) (Former Section INL#316-22; Added by Ord. 1280, Sec. 3, 10/10/78)

314-112

112.1 RESIDENTIAL DENSITY BONUS AND OTHER DEVELOPER INCENTIVES

112.1.1 Purpose. This Density Bonus Ordinance is intended to provide incentives for the production of affordable housing, senior housing, and the development of childcare facilities. In enacting this chapter, it is the intent of the County of Humboldt to implement the goals, objectives, and policies of the County General Plan and further to implement and be subject to California Government Code Section 65915. In the event that any provision in this chapter conflicts with State law, State law shall supersede that specific conflict.

112.1.2 Definitions. Whenever the following terms are used in the following sections, they shall have the meaning established by this section and as defined in Section C: Index of Definitions of Language and Legal Terms:

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

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112.1.2.1 Additional Incentives.

112.1.2.2 Affordable Housing/Affordable Housing Unit.

112.1.2.3 Affordable Sales Price.

112.1.2.4 Affordable Rent.

112.1.2.5 Childcare Facility.

112.1.2.6 Density Bonus.

112.1.2.7 Density Bonus Housing Agreement.

112.1.2.8 Density Bonus Unit.

112.1.2.9 Equivalent Financial Incentive.

112.1.2.10 Housing Cost.

112.1.2.11 Housing Development.

112.1.2.12 Incentives or Concessions.

• 112.1.2.13 Initial Subsidy.

• 112.1.2.14 Lower Income.

• 112.1.2.15 Lower Income Household.

• 112.1.2.16 Lower Income Student.

112.1.2.17 Maximum Residential Density.

• 112.1.2.18 Moderate Income.

• 112.1.2.19 Moderate Income Household.

• 112.1.2.20 Proportionate Share of Appreciation.

• 112.1.2.21 Qualifying Resident.

112.1.2.22 Senior Citizen Housing Development.

• 112.1.2.23 Target Unit.

• 112.1.2.24 Very Low Income.

• 112.1.2.25 Very Low Income Household.

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

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112.1.3 Application for Density Bonus and Incentives or Concessions. At the time the applicant of a proposed housing development, seeking a density bonus and concessions or incentives under this chapter, files a formal application for approval of the proposed development with the Planning Division of Humboldt County, the following information shall be submitted with the fees and required application:

112.1.3.1 Identification of the location, acreage, and the maximum number of base units allowed under the zoning and the land use designated under the General Plan without the density bonus;

112.1.3.2 Identification of the total number of units proposed, specifically identifying the density bonus units and the affordable units which will demonstrate eligibility under this chapter;

112.1.3.3 Identification of the requested concessions or incentives or a list of any alternative concessions or incentives which would provide, in the developer’s opinion, an equivalent financial value to the concession or incentive requested. This requirement does not impair the applicant from substituting a new incentive or concession from what is initially proposed, but substitution may cause project delays and require revision of environmental documents and may necessitate additional processing fees as determined by the Planning Director;

112.1.3.4 A clear statement of how the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions. The information should be sufficiently detailed to enable County staff to examine the conclusions reached by the developer; and

112.1.3.5 Other pertinent information, as the Planning Director may require, to enable the County to adequately analyze the identifiable, financially sufficient, and actual cost reductions of the proposed housing development with respect to the requested additional concession or incentive and other concessions or incentives which may be made available.

112.1.4 Processing of Density Bonus Application.

112.1.4.1 Once deemed complete, the density bonus application shall be processed and determinations made concurrent with the underlying housing development application.

112.1.4.2 An application for a density bonus and additional incentives as allowed pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development. Final approval or disapproval of the application shall be made by the approval authority/Hearing Officer unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the Board of Supervisors who will have the authority to make the final decision on the application.

112.1.4.3 A housing development including at least twenty percent (20%) of total units affordable to very low or low income households or a combination of the two (2), with affordable rents maintained through an agreement with the County of Humboldt or another governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the County and the developer.

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

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112.1.4.4 An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective additional incentives pursuant to subsection 314-112.1.8.

112.1.4.5 The Director or designated staff shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to subsection 314-112.1.8 shall be recommended for consideration instead of the requested incentives. If alternative or modified incentives are recommended by the Director or designated staff, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

112.1.4.6 Determination of Eligibility. Once an application for a density bonus and/or additional incentives is deemed complete, the County shall provide the applicant with a determination, in writing:

112.1.4.6.1 The determination shall contain the following details, as applicable:

112.1.4.6.1.1 The amount of density bonus for which the applicant is eligible.

112.1.4.6.1.2 The parking ratio for which the applicant is eligible, if one is requested pursuant to subsection 314-112.1.12.

112.1.4.6.1.3 Whether the applicant has provided adequate information to make a determination regarding additional incentives, concessions, waivers, or reductions of development standards, if they are requested by the applicant.

112.1.4.6.2 If the project is changed during the course of development, the County will adjust the amount of density bonus and parking ratios awarded in accordance with this section.

112.1.4.7 Application for Density Bonus Housing Agreement. Once the proposed housing development has received its approval for a density bonus, as described above, the developer shall file an application, including the payment of any processing fees with the Planning Division for approval and finalization of the density bonus agreement in compliance with the requirements set forth in subsection 314-112.1.10.

112.1.5 Eligibility Criteria for Density Bonus.

112.1.5.1 The County of Humboldt shall consider a density bonus and provide incentives or concessions as described in subsection 314-112.1.8 when a developer of a housing development seeks and agrees to construct a housing development that will contain at least one (1) of the following:

112.1.5.1.1 At least ten percent (10%) of the total units of a housing development designated as target units affordable to low income households as defined herein;

112.1.5.1.2 At least five percent (5%) of the total units of a housing development designated as target units affordable to very low income households as defined herein;

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

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112.1.5.1.3 A senior citizen housing development, as defined herein;

112.1.5.1.4 At least ten percent (10%) of the total dwelling units are sold to persons and families of moderate income households as defined herein; provided, that all units in the development are offered to the public for purchase;

112.1.5.1.5 At least ten percent (10%) of the total units of the housing development designated as target units for transitional foster youth, disabled veterans, or homeless persons, as defined in Section 66025.9 of the California Education Code, Section 18541 of the California Government Code, and Section 11301 et seq. of Title 42 of United States Code, respectively;

112.1.5.1.6 For student housing developments, at least twenty percent (20%) of the total units designated as target units affordable to lower income students. For purposes of calculating a density bonus, the term “unit” as used in this subsection means one rental bed and its pro rata share of associated common area facilities. No rental bed reserved for lower income students may be tied to a specific bedroom, nor may a lower income student be prevented from sharing a room with a non-lower income student. The student housing development must also meet all the following requirements:

density bonus, the term “unit” as used in this subsection means one rental bed and its pro rata share of associated common area facilities. No rental bed reserved for lower income students may be tied to a specific bedroom, nor may a lower income student be prevented from sharing a room with a non-lower income student. The student housing development must also meet all the following requirements:

112.1.5.1.6.1 All units in the student housing development are used exclusively for students who are enrolled in at least six (6) units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, or students who have been enrolled at such an institution within the past six (6) months. For compliance with this subsection, prior to issuance of a certificate of occupancy, the developer must provide evidence that either of the following has been established:

112.1.5.1.6.1.1 An operating agreement or master lease with the relevant institution(s) of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s). The operating agreement or the master lease are not violated by circumstances where there are insufficient students enrolled to fill all the units; or

112.1.5.1.6.1.2 A system for confirming renter’s status as students is established to ensure that all units of the student housing development are occupied with students of an institution of higher education.

112.1.5.1.6.2 The target units in the student housing development shall be used for and occupied by lower income students;

112.1.5.1.6.3 The rent for the target unit shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for single-room occupancy type units;

112.1.5.1.6.4 The student housing development shall provide priority for the target units to lower income students experiencing homelessness. Verification of a person’s status as homeless may be provided by the institution of higher education or by a homeless service provider, as defined in Section 103577(e)(3) of California Health and Safety Code; and

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112.1.5.1.6.5 The eligibility of a student to occupy a unit for lower income students shall be verified by either their enrolled institution of higher education or the California Student Aid Commission with an affidavit, award letter, or letter of eligibility confirming that the student receives or is eligible for financial aid. This may include an institutional grant or fee waiver from the institution, the California Student Aid Commission, or the Federal government. Tracking this eligibility is the responsibility of the development’s operating manager, via the method established for subsection 314-112.1.5.1.6.1.

ward letter, or letter of eligibility confirming that the student receives or is eligible for financial aid. This may include an institutional grant or fee waiver from the institution, the California Student Aid Commission, or the Federal government. Tracking this eligibility is the responsibility of the development’s operating manager, via the method established for subsection 314-112.1.5.1.6.1.

112.1.5.1.7 One hundred percent (100%) of all units in the development, including total units and density bonus units, but excluding a manager’s unit(s), designated as target units affordable to lower income households. However, up to twenty percent (20%) of those target units may instead be designated for moderate income households;

112.1.5.1.8 At least fifteen percent (15%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives; or

112.1.5.1.9 At least thirty-three percent (33%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income or moderate income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives.

112.1.5.2 In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be multiplied by the percentage indicated by the applicable subsection of subsection 314-112.1.5.1. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting decimal fraction shall be rounded to the next larger integer.

112.1.5.3 Unless otherwise stated, multiple sources of density bonuses or additional incentives shall not benefit one (1) housing development to a greater extent than the highest bonus available from any single source in the proposal or discretionary permit.

112.1.6 Project Specific Density Bonus. The County of Humboldt will allow a density bonus and concessions or incentives for a housing development meeting all the applicable eligibility requirements of this chapter according to the following density bonus options. In the event that the minimum requirements for granting density bonus units or number of applicable concessions or incentives as set forth in California Government Code Section 65915 is amended or modified after the adoption of this chapter by the County, then the lowest minimum requirements shall apply.

112.1.6.1 Density Bonus for Very Low Income Households. If a housing developer elects to construct units for very low income households, the development shall be entitled to the following density bonus calculation:

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

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----- Start of picture text -----
Provision of Very Low Income Units
Percentage of Very Low Number of Incentives or
Density Bonus Available*
Income Units Affordable Concessions
5% 20% 1
6% 22.5% 1
7% 25% 1
8% 27.5% 1
9% 30% 1
10% 32.5% 2
11% 35% 2
12% 38.75% 2
13% 42.5% 2
14% 46.25% 2
15% 50% 3
----- End of picture text -----

***** The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.

112.1.6.2 Density Bonus for Low Income Households. If a housing developer elects to construct units for low income households, the housing development shall be entitled to the following density bonus calculation:

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----- Start of picture text -----
Provision of Low Income Units
Percentage of Low Income Number of Incentives or
Density Bonus Available*
Units Affordable Concessions
10% 20% 1
11% 21.5% 1
12% 23% 1
13% 24.5% 1
----- End of picture text -----

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

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----- Start of picture text -----
Provision of Low Income Units
Percentage of Low Income Number of Incentives or
Density Bonus Available*
Units Affordable Concessions
14% 26% 1
15% 27.5% 1
17% 30.5% 2
18% 32% 2
19% 33.5% 2
20% 35% 2
21% 38.75% 2
22% 42.5% 2
23% 46.25% 2
24% 50% 3
----- End of picture text -----

***** The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.

112.1.6.3 Senior Housing. If a housing developer elects to construct a senior citizen housing development, the density bonus shall be twenty percent (20%) of the total number of allowed housing units without the density bonus.

112.1.6.4 For-Sale Moderate Income Units. If a housing developer elects to construct units for moderate income households and those units are for sale, the development shall be entitled to the following density bonus calculation:

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----- Start of picture text -----
Moderate Income Units
Percentage of Moderate Number of Incentives or
Density Bonus Available*
Income Units Affordable Concessions
10% 5% 1
11% 6% 1
12% 7% 1
----- End of picture text -----

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

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----- Start of picture text -----
Moderate Income Units
Percentage of Moderate Number of Incentives or
Density Bonus Available*
Income Units Affordable Concessions
13% 8% 1
14% 9% 1
15% 10% 1
16% 11% 1
17% 12% 1
18% 13% 1
19% 14% 1
20% 15% 2
21% 16% 2
22% 17% 2
23% 18% 2
24% 19% 2
25% 20% 2
26% 21% 2
27% 22% 2
28% 23% 2
29% 24% 2
30% 25% 3
31% 26% 3
32% 27% 3
33% 28% 3
34% 29% 3
----- End of picture text -----

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----- Start of picture text -----
Moderate Income Units
Percentage of Moderate Number of Incentives or
Density Bonus Available*
Income Units Affordable Concessions
35% 30% 3
36% 31% 3
37% 32% 3
38% 33% 3
39% 34% 3
40% 35% 3
41% 38.75% 3
42% 42.5% 3
43% 46.25% 3
44% 50% 3
----- End of picture text -----

***** The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.

112.1.6.5 Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates at least one acre of land or enough land to develop forty (40) units, then the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development as follows:

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----- Start of picture text -----
LAND DONATION
Percentage of Very Low Income Units Percentage Density Bonus
10% 15%
11% 16%
12% 17%
13% 18%
14% 19%
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----- Start of picture text -----
LAND DONATION
Percentage of Very Low Income Units Percentage Density Bonus
15% 20%
16% 21%
17% 22%
18% 23%
19% 24%
20% 25%
21% 26%
22% 27%
23% 28%
24% 29%
25% 30%
26% 31%
27% 32%
28% 33%
29% 34%
30% 35%
----- End of picture text -----

112.1.6.5.1 Nothing in this subsection shall be construed to enlarge or diminish the authority of the County to require a developer to donate land as a condition of development.

112.1.6.5.2 The density bonus for land dedication shall be in addition to any density bonus earned pursuant to subsection 314-112.1.6 and up to a maximum combined increase of thirty-five percent (35%).

112.1.6.5.3 An applicant with a land donation shall be eligible for the increased density bonus if all of the following conditions are met:

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

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112.1.6.5.3.1 The applicant donates and transfers the land to the County no later than the date of approval of the County of the final subdivision map, parcel map, or housing development application for the proposed housing development seeking the density bonus;

112.1.6.5.3.2 The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed housing development seeking the density bonus; and

112.1.6.5.3.3 The land proposed to be donated to the County:

112.1.6.5.3.3.1 Has the appropriate General Plan designation and is appropriately zoned for development at the density described in Section 65583.2(3)(c) of the California Government Code;

112.1.6.5.3.3.2 Is or will be served by adequate public facilities and infrastructure;

112.1.6.5.3.3.3 Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, no later than the date of approval of the final subdivision map, parcel map, or housing development application, with the exception that subsequent design review may be required if a design review permit has not been issued prior to the date of transfer;

112.1.6.5.3.3.4 Is transferred to the County or a housing developer approved by the County;

112.1.6.5.3.3.5 Shall be within the boundary of the proposed development or within onequarter (1/4) mile of the boundary of the proposed development;

112.1.6.5.3.3.6 Must have a proposed source of funding for the very low income units prior to the approval of the final subdivision map, parcel map or housing development application seeking the density bonus; and

112.1.6.5.3.3.7 Must be either at least one acre in size or of sufficient size to permit the development of at least forty (40) units.

112.1.6.5.4 The transferred land and the affordable housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of units for at least fifty-five (55) years from the date of occupancy, which shall be consistent with subsections 314-112.1.10 and 314-112.1.11.3.9.

112.1.6.6 Condominium Conversions. If a housing developer elects to provide units of a condominium conversion to low income or moderate income households, in accordance with subsection 314-112.1.5.1.8 or

314-112.1.5.1.9 of Humboldt County Code and Section 65915.5 of the California Government Code, the density bonus shall be an increase in units of twenty-five percent (25%) over the number of apartments, but provided within the existing structure or structures, as an alternative to the incentive authorized by

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

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subsection 314-112.1.8.3.10. Condominium conversions do not qualify for the additional density bonuses otherwise authorized by subsections 314-112.1.6.5 and 314-112.1.7 for land donation and childcare facilities.

112.1.6.7 Transitional Foster Youth, Disabled Veterans, and Homeless Persons. If a housing developer elects to construct units for transitional foster youth, disabled veterans, or homeless persons, the density bonus shall be twenty percent (20%) of the number of the type of units that qualified the development for a density bonus.

112.1.6.8 Student Housing for Lower Income Students. If a developer elects to construct units for low income students in a student housing development, the development shall be entitled to the following density bonus calculation:

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----- Start of picture text -----
Student Housing Low Income Units
Percentage of Lower Number of Incentives or
Density Bonus Available*
Income Units Affordable Concessions
20% 35% 1
21% 38.75% 1
22% 42.5% 1
23% 46.25% 2
24% 50% 2
----- End of picture text -----

***** The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.

112.1.6.9 One Hundred Percent (100%) Low Income Units. If a housing developer elects to construct units in accordance with subsection 314-112.1.5.1.7, either of the following shall apply:

112.1.6.9.1 The density bonus shall be eighty percent (80%) of the number of units for lower income households; or

112.1.6.9.2 If the housing development is located within one-half (1/2) mile of a major transit stop, no maximum controls on density shall apply.

112.1.6.10 Additional Density Bonus. When a housing developer elects to construct target units at one (1) of the percentages described in subsection 314-112.1.6.10.1 and construct additional target units in conformance with subsection 314-112.1.6.10.2, the developer shall qualify for one (1) additional density bonus in accordance with the tables in subsection 314-112.1.6.10.2. Restrictions of more than fifty percent (50%) of the total units as target units do not qualify for greater additional density bonuses for this section.

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

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112.1.6.10.1 To qualify for an additional density bonus per subsection 314-112.1.6.10, the developer shall construct target units meeting one (1) of the following criteria:

112.1.6.10.1.1 The developer provides twenty-four percent (24%) of the total units to lower income households, in accordance with the criteria of subsection 314-112.1.5.1.1;

112.1.6.10.1.2 The developer provides fifteen percent (15%) of the total units to very low income households, in accordance with the criteria of subsection 314-112.1.5.1.2; or

112.1.6.10.1.3 The developer provides forty-four percent (44%) of the total units to moderate income households, in accordance with the criteria of subsection 314-112.1.5.1.4.

112.1.6.10.2 When qualified by subsection 314-112.1.6.10.1 and the project adds additional target units in accordance with one (1) of the tables below, then the project qualifies for one (1) additional density bonus in accordance with the corresponding line of the table:

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Additional Density Bonus for Very Low Income Units
Percentage of Very Low Income Units Percentage Density Bonus
5% 20%
6% 23.75%
7% 27.5%
8% 31.25%
9% 35%
10% 38.75%
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Additional Density Bonus for Moderate Income Units
Percentage of Moderate Income Units Percentage Density Bonus
5% 20%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
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Additional Density Bonus for Moderate Income Units
Percentage of Moderate Income Units Percentage Density Bonus
10% 32.5%
11% 35%
12% 38.75%
13% 42.5%
14% 46.25%
15% 50%
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112.1.7 Density Bonus for Development of Childcare Facility.

112.1.7.1 A housing development meeting the requirements of subsections 314-112.1.5 and 314-112.1.6 and including a childcare facility that will be located on the premises of, as part of, or adjacent to, such a housing development shall receive either of the following:

112.1.7.1.1 An additional density bonus that is an amount of square feet of residential space that is

equal to or greater than the amount of square feet in the childcare facility; or

112.1.7.1.2 An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.

112.1.7.2 When a housing development is providing a childcare facility consistent with this chapter, then the conditions of approval shall require that:

112.1.7.2.1 The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable; and

112.1.7.2.2 Of the children who attend the childcare facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of affordable units that are required pursuant to subsection 314-112.1.5.

112.1.7.3 The County shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.

112.1.8 Available Incentives and Concessions. In addition to the applicable density bonus described above, an applicant may request in writing incentives or concessions in connection with its application for a density bonus in accordance with the density bonus calculation set forth in subsection 314-112.1.6.

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• 112.1.8.1 The incentive or concession may include, but is not limited to:

112.1.8.1.1 A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, any of the following:

112.1.8.1.1.1 Reduced minimum lot sizes and dimensions;

112.1.8.1.1.2 Reduced minimum yard setbacks;

• 112.1.8.1.1.3 Increased maximum lot coverage; up to eighty percent (80%) lot coverage is allowed;

• 112.1.8.1.1.4 Increased maximum building height;

• 112.1.8.1.1.5 Reduced minimum building separation requirements;

• 112.1.8.1.1.6 Reduced street standards (e.g., reduced minimum street widths);

• 112.1.8.1.1.7 Reduced solar shading requirements; or

112.1.8.1.1.8 Reduced on-site parking standards, including the number or size of spaces.

112.1.8.1.2 Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance;

112.1.8.1.3 A density bonus of more than twenty-five percent (25%). Density bonuses of one hundred percent (100%) will be allowed for projects within mapped Housing Opportunity Zones with one hundred percent (100%) of the units affordable to lower income households;

112.1.8.1.4 Deferred planning, plan check, construction permit, improvement plan review fees, map check fees, and/or development impact fees for projects with one hundred percent (100%) of the units affordable to lower income households;

112.1.8.1.5 Direct financial aid in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs for projects with one hundred percent (100%) of the units affordable to lower income households;

112.1.8.1.6 Fast-track processing of all permits and requirements for affordable housing projects through the Planning and Building, Environmental Health and Land Use Divisions by dedicated staff on a priority basis ahead of non-density bonus permit applications;

112.1.8.1.7 Deferral of subdivision improvement requirements consistent with the protection of public health and safety;

112.1.8.1.8 Approval of mixed-use development in conjunction with the proposed housing development if the nonresidential land uses will reduce the cost of the proposed housing development, and the

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nonresidential land uses are compatible with the proposed housing development, surrounding development, and planned development;

112.1.8.1.9 Other regulatory incentives or concessions proposed by the applicant or that the County determines will result in identifiable, financially sufficient, and actual cost reductions.

112.1.8.2 The County shall grant incentive(s) or concession(s) requested by the applicant, in accordance with this section, unless the County can make a written finding, based upon the substantial evidence, of any of the following:

112.1.8.2.1 The incentive or concession does not result in identifiable and actual cost reductions to affordable housing costs or affordable rents;

112.1.8.2.2 The incentive or concession would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources 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 and moderate income households; or

112.1.8.2.3 The incentive or concession would be contrary to State or Federal law.

• 112.1.8.3 The applicant shall receive the following number of incentives or concessions:

112.1.8.3.1 One (1) incentive or concession for projects that include at least ten percent (10%) of the total units reserved for lower income households, at least five percent (5%) reserved for very low income households, or at least ten percent (10%) reserved for sale to persons and families of moderate income;

112.1.8.3.2 Two (2) incentives or concessions for projects that include at least seventeen percent (17%) of the total units reserved for lower income households, at least ten percent (10%) reserved for very low income households, or at least twenty percent (20%) reserved for sale to persons and families of moderate income;

112.1.8.3.3 Three (3) incentives or concessions for projects that include at least twenty-four percent (24%) of the total units reserved for lower income households, at least fifteen percent (15%) reserved for very low income households, or at least thirty percent (30%) reserved for sale to persons and families of moderate income;

112.1.8.3.4 Four (4) incentives or concessions for projects that include at least sixteen percent (16%) of the total units for very low income households or at least forty-five percent (45%) of the total units reserved for sale to persons and families of moderate income;

112.1.8.3.5 Five (5) incentives or concessions for projects in which one hundred percent (100%) of all units in the development, excluding the manager’s unit or units, are reserved for lower income households. However, up to twenty percent (20%) of all the units may instead be reserved for moderate income households;

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112.1.8.3.5.1 If a project qualifies for these incentives and is located within one-half (1/2) mile of a major transit stop, then the applicant shall also be entitled to a height increase of up to three (3) additional stories, or thirty-three (33) feet.

112.1.8.3.6 One (1) incentive or concession for student housing development projects that include at least twenty percent (20%) of the total units reserved for lower income students;

112.1.8.3.7 Two (2) incentives or concessions for student housing development projects that include at least twenty-three percent (23%) of the total units reserved for lower income students;

112.1.8.3.8 The County may grant multiple additional incentives to facilitate the inclusion of more target units than are required by this section;

112.1.8.3.9 When qualified by and elected for in subsection 314-112.1.7.1.2, one (1) incentive or concession in addition to the incentives authorized by subsections 314-112.1.8.3.1 through 314-112.1.8.3.8, if applicable; or

112.1.8.3.10 One (1) incentive or concession for conversion of apartments to a condominium that would include at least thirty-three percent (33%) of the total units of the proposed condominium project to lower and moderate income households, as an alternative to density bonus authorized by subsection 314-112.1.6.6. This incentive shall not be permitted in addition to any other incentives or density bonuses.

112.1.9 General Provisions for Density Bonuses and Incentives/Concessions.

112.1.9.1 All density bonus calculations resulting in fractional units shall be rounded up to the next whole number.

112.1.9.2 The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

112.1.9.3 (Section Reserved for Future Use)

112.1.9.4 If a County development standard would effectively physically preclude the construction of a development with the densities or additional incentives described in this Section 314-112, that otherwise would meet the criteria of subsection 314-112.1.5.1, then an applicant may seek a waiver or reduction of those specific standards (hereafter referred to only as “waiver”) from the County.

112.1.9.4.1 This waiver shall be granted unless the County makes a written finding based on substantial evidence of any of the following:

112.1.9.4.1.1 That the development standard does not physically preclude the development’s construction otherwise permitted by this section;

112.1.9.4.1.2 That the waiver would result in a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health or safety and for which the

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County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

112.1.9.4.1.3 That the waiver would be contrary to State or Federal law; or

112.1.9.4.1.4 That the waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

112.1.9.4.2 When this waiver is granted, the waiver shall not be treated as an additional incentive and does not grant additional incentives.

112.1.9.4.3 This waiver shall not apply to developers that receive the waiver from maximum controls on density associated with projects that provide one hundred percent (100%) low income units within onehalf (1/2) mile of a major transit stop, as described by subsection 314-112.1.6.9.2. However, the County has discretion to authorize both waivers.

112.1.9.5 Location of Affordable Units. The location of the affordable units within the housing development may be at the discretion of the developer. However, the affordable units shall:

112.1.9.5.1 Be constructed at the same time as the market units are constructed;

112.1.9.5.2 Be reasonably dispersed throughout the development and/or phases if applicable;

112.1.9.5.3 Be a similar unit type/size to the overall housing development; and

112.1.9.5.4 Be reasonably compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.

112.1.9.6 All sites associated with the housing development shall be contiguous and shall be the subject of one (1) development application.

112.1.9.7 For the purposes of these sections, “located within one-half (1/2) mile of a major transit stop” shall mean that any point on a proposed development is within one-half (1/2) mile of any point on a property on which a major transit stop is located, as defined in Section 21155(b) of the California Government Code,

including any parking lot owned by the transit authority or other local agency operating the major transit stop.

112.1.10 Required Terms for the Continued Availability of Affordable Units. Affordability restrictions apply to target units in the following cases (however, when also required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, the longest period of time applies):

112.1.10.1 When established to qualify for a density bonus and designated for rental to very low and low income households, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).

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112.1.10.2 When existing, vacated, or demolished rental units are required to be replaced in accordance with subsection 314-112.1.13 and identify this subsection as applicable, the replacement units shall remain restricted and affordable to households of the same or lower income category as those households in the former units for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).

112.1.10.3 When established to qualify for a density bonus and designated for transitional foster youth, disabled veterans, or homeless persons, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program). Affordability to these designated groups shall be at the same level as very low income households.

112.1.10.4 In a student housing development, when established to qualify for a density bonus and designated for lower income students, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program).

112.1.10.4.1 Target units subject to this subsection refer to one rental bed and its pro rata share of the associated common area facilities. The affordability restriction shall not tie these target units to any specific bedrooms within the student housing development, nor shall it prevent a lower income student from sharing a room with a non-lower income student.

112.1.11 Density Bonus Housing Agreement.

112.1.11.1 Applicants/developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the County. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director or designated staff, who shall formulate a recommendation to the approval authority/Hearing Officer for final approval.

112.1.11.2 Following execution of the agreement by all parties, the completed density bonus housing agreement, or other equivalent recording instrument, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.

112.1.11.3 The density bonus housing agreement shall include at least the following:

112.1.11.3.1 The total number of units approved for the housing development, including the number of target units;

112.1.11.3.2 A description of the household income group to be accommodated by the housing development, as outlined in subsection 314-112.1.3, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

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112.1.11.3.3 The location, unit sizes (square feet) and number of bedrooms of target units. Location of target units shall not be included for lower income units in student housing developments;

112.1.11.3.4 Tenure of use restrictions for target units of at least fifty-five (55) years, in accordance with subsection 314-112.1.10;

112.1.11.3.5 A schedule for completion and occupancy of target units;

112.1.11.3.6 A description of the additional incentive(s) or equivalent financial incentives being provided by the County;

112.1.11.3.7 A description of remedies for breach of the agreement by either party (the County may identify tenants or qualified purchasers as third party beneficiaries under the agreement);

112.1.11.3.8 Other provisions to ensure implementation and compliance with this chapter;

112.1.11.3.9 In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

112.1.11.3.9.1 Target units shall, upon initial sale, be sold to eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2 at an affordable sales price and housing cost;

112.1.11.3.9.2 Target units shall be initially owner-occupied by eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2;

112.1.11.3.9.3 The initial purchaser of each target unit shall execute an instrument or agreement approved by the County restricting the sale of the target units in accordance with this section during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the County may require to ensure continued compliance with this chapter and the State Density Bonus Law;

112.1.11.3.9.4 If a target unit is not purchased by a household meeting the description of the household income group described per subsection 314-112.1.11.3.2 within one hundred eighty (180) days after the issuance of the certificate of occupancy, the unit must be purchased by a qualified nonprofit housing corporation meeting all of the following requirements:

112.1.11.3.9.4.1 The nonprofit corporation has a determination letter from the California Internal Revenue Service (IRS) affirming its tax-exempt status and is not a private foundation, in accordance with Sections 501(c)(3) and 509 of the Internal Revenue Code, respectively;

112.1.11.3.9.4.2 The nonprofit corporation is based in California;

112.1.11.3.9.4.3 All board members of the nonprofit corporation have their primary residence in California;

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112.1.11.3.9.4.4 The primary activity of the nonprofit corporation is the development and preservation of home ownership of affordable housing in California. The corporation should incorporate within their contracts for initial purchase of property either a repurchase option requiring subsequent purchasers to first offer the qualified nonprofit corporation the right to repurchase the property before selling or conveying the property to any other purchaser, pursuant to an equity sharing agreement, or affordability restrictions on the sale and conveyance of the property that ensure the property is preserved for at least forty-five (45) years for lower income housing as owner-occupied housing and will be sold or resold only to persons or households of very low, low, or moderate income, in accordance with the designated groups of the target unit(s); and

112.1.11.3.9.4.5 In accordance with the definition of “qualified nonprofit housing corporation” per California Government Code Section 65915(c)(2)(B), the nonprofit shall be organized pursuant to Section 501(c)(3) of the Revenue and Taxation Code and shall have received a welfare exemption for the relevant properties under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low income families who participate in a special no-interest loan program.

112.1.11.3.9.5 The target unit shall be subject to an equity sharing agreement, except as otherwise specified in subsection 314-112.1.11.3.9.4.4. Equity sharing agreements are enforced by the County, except when in conflict with requirements of another public funding source or law or are otherwise written such that they defer to recapture provisions of the other public funding source. The following provisions apply to equity sharing agreements:

112.1.11.3.9.5.1 Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.

112.1.11.3.9.5.2 The County shall recapture any initial subsidies as defined in subsection 314-112.1.11.3.9.5.3 and their proportionate share of appreciation as defined in subsection 314-112.1.11.3.9.5.4. The proportionate share of appreciation shall be budgeted to only be utilized for any of the homeownership promoting purposes described in Section 33334.2(e) of California Health and Safety Code and shall be utilized within five (5) years. Alternatively, a qualified nonprofit housing corporation may recapture these funds in accordance with subsection 314-112.1.11.3.9.5.5.

112.1.11.3.9.5.3 As used in this subsection, initial subsidies are calculated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.

culated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.

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112.1.11.3.9.5.4 As used in this subsection, the County’s proportionate share of appreciation shall be equal to the ratio between the County’s initial subsidy and the fair market value of the residence at the time of initial sale.

112.1.11.3.9.5.5 If the unit is purchased or developed by a qualified nonprofit housing corporation in accordance with subsection 314-112.1.11.3.9.4, the County may contract with the corporation such that the nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation and the nonprofit housing corporation is required to utilize one hundred percent (100%) of those proceeds to promote homeownership for lower income households.

112.1.11.3.10 In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:

112.1.11.3.10.1 The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants;

112.1.11.3.10.2 Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and

112.1.11.3.10.3 Provisions requiring owners to submit an annual report to the County, which includes the address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

112.1.11.4 The Planning Director is hereby expressly authorized to act as the County’s agent to enter into the density bonus housing agreement for the purpose of enforcing the terms of the agreement consistent with this chapter.

112.1.12 Parking Standards for Density Bonus-Qualified Developments.

112.1.12.1 Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, that exceeds the following:

112.1.12.1.1 Zero (0) to one (1) bedrooms: one (1) on-site parking space;

112.1.12.1.2 Two (2) to three (3) bedrooms: two (2) on-site parking spaces;

112.1.12.1.3 Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces; or

112.1.12.1.4 One (1) bedspace in a student housing development: zero (0) on-site parking spaces.

If the total number of parking spaces required for the proposed housing development is other than a whole number, the number shall be rounded up to the next whole number.

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112.1.12.2 Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, which exceeds one-half (1/2) spaces per unit; provided, that the following conditions are met:

112.1.12.2.1 Either of the following regarding percentage of target units:

112.1.12.2.1.1 At least twenty percent (20%) of the total units of the housing development are target units affordable to low income households; or

112.1.12.2.1.2 At least eleven percent (11%) of the total units of the housing development are target units affordable to very low income households.

112.1.12.2.2 The housing development is located within one-half (1/2) mile of a major transit stop; and

112.1.12.2.3 There is unobstructed access to the major transit stop from the housing development.

112.1.12.3 Upon request by the applicant, the County shall not impose parking standards on a proposed housing development that meets the conditions of subsection 314-112.1.5.1.7; provided, that any of the following conditions are met:

112.1.12.3.1 The housing development is located within one-half (1/2) mile of a major transit stop and there is unobstructed access to the major transit stop from the housing development;

112.1.12.3.2 The housing development is a for-rent development for individuals who are fifty-five (55) years of age or older, complies with Sections 51.2 and 51.3 of California Civil Code, and has either paratransit service or has unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day; or

112.1.12.3.3 The housing development is either a special needs housing development or a supportive housing development, as defined in Sections 51312 and 50675 of California Government Code,

respectively. To meet this condition, a special needs housing development requires either paratransit service or unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day.

112.1.12.4 Unobstructed access means that a resident is able to traverse between the locations without encountering natural or constructed impediments, such as freeways, rivers, mountains, and bodies of water, but excluding residential structures, shopping centers, parking lots, or rails used for transit.

112.1.12.5 For the purposes of this section, on-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

112.1.12.6 This section applies only at the request of the applicant and does not prevent an applicant from requesting parking incentives beyond those described here as an additional incentive or concession.

112.1.12.7 If a parking study containing the proposed area of development has been prepared within the past seven (7) years, then the County may impose higher vehicular parking ratios than those described in

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subsections 314-112.1.12.2 and 314-112.1.12.3, but not exceeding the ratios described in subsection 314-112.1.12.1.

112.1.12.8 Changes to parking standards pursuant to this section are not to be considered as additional incentives or concessions, nor shall they add additional incentives or concessions to an application’s total, as described by subsection 314-112.1.8.3.

112.1.13 Replacement of Existing Dwelling Units.

112.1.13.1 To qualify for any density bonus or additional incentives, the provisions of subsection 314-112.1.13.2 must be met in either of the following circumstances:

112.1.13.1.1 The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units are located; or

112.1.13.1.2 The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units have been vacated or demolished in the five (5) year period preceding the application and either:

112.1.13.1.2.1 The dwelling units have been subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to households of lower or very low income;

112.1.13.1.2.2 The dwelling units have been subject to any form of price control through a public entity’s valid exercise of its police power; or

112.1.13.1.2.3 The dwelling units had been occupied by lower or very low income households.

112.1.13.2 To qualify for a density bonus or additional incentive, rental dwelling units described by subsection 314-112.1.13.1 are required to be replaced and either of the following must apply:

112.1.13.2.1 The proposed housing development, including the units requiring replacement, contains affordable units at the percentages described by subsection 314-112.1.5.1; or

112.1.13.2.2 One hundred percent (100%) of the units in the development, excluding a manager’s unit(s), is affordable to and occupied by either a lower or very low income household.

112.1.13.3 For a student housing development project that requires replacement units, a density bonus greater than thirty-five percent (35%) shall not be approved.

112.1.13.4 Where replacement is required, the proposed housing development shall provide at least the same number of units of equivalent size affordable to and occupied by households in the same or lower income category as the households in occupancy.

112.1.13.4.1 If all dwelling units have been vacated or demolished within the five (5) year period

preceding the application, then the number of units to be replaced shall be at least the number that had existed at the high point of those units in that five (5) year period. Additionally, “household(s) in

occupancy” shall instead refer to the households in occupancy at that high point.

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112.1.13.4.2 For unoccupied dwelling units in a development with occupied units, “household(s) in occupancy” shall instead refer to the last household in occupancy.

112.1.13.4.3 If the income category of the household in occupancy is not known, it shall be presumed that lower and very low income renter households occupied these units in the same proportion of low income and very low income households to all renter households within the County, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

112.1.13.4.4 All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

112.1.13.5 If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2.

112.1.13.6 If the proposed development is for for-sale units, the units replaced shall be subject to subsection 314-112.1.11.3.9.

112.1.13.7 “Equivalent size” as used in this section means that the replacement units contain at least the same total number of bedrooms as the units to be replaced.

112.1.13.8 For any dwelling unit requiring replacement that is, or was within the five (5) year period preceding the application, subject to a form of price control through a public entity’s valid exercise of its police power and is or was occupied by households above lower income, the County has discretion to:

112.1.13.8.1 Require the replacement units to be made available at affordable rent for, or housing cost to, and occupied by low income households. If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2. If the replacement units will be for-sale units, these units shall be subject to subsection 314-112.1.11.3.9.

112.1.13.8.2 This subsection may be altered in the event that the County implements a rent control ordinance, in accordance with California Government Code Section 65915(c)(3)(C). (Ord. 2166, § 31, 4/7/ 1998; Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 2, 11/4/2025)

314-113

113.1 SPECIAL OCCUPANCY PARKS

113.1.1 Purpose. The purpose of these regulations is to ensure that special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)

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

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113.1.1.1 Recreational vehicles shall be used as residences only in manufactured home parks and special occupancy parks subject to the applicable provisions of the Health and Safety Code of the State of California or in any public camping area. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.1.2 Manufactured homes may be located and used outside of manufactured home parks in certain zoning districts where such use is specifically authorized. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.2 Applicability. These regulations shall apply to special occupancy parks located outside of manufactured home parks. Nothing herein contained shall be deemed to relieve the owner or operator of a recreational vehicle park of the duty of complying with all applicable State and local laws and regulations. (Former Section INL#316-18.1(b); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3 Development Standards.

113.1.3.1 Location. Special occupancy parks shall be established for the convenience of the traveling public. (Former Section INL#316-18.1(c)(1); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less one (1) acre in area. (Former Section INL#316-18.1(c)(2); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.3 Density of Occupation. Occupancy of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section INL#316-18.1(c)(3); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.4 Fences and Walls. Each special occupancy park shall be entirely enclosed at its exterior

boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback. (Former Section INL#316-18.1(c)(4); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section INL#316-18.1(c)(5); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.6 Minimum Campground Space Dimensions. Each campground space within a special occupancy park shall be not less than 1,000 square feet in area, except that thirty percent (30%) of said spaces may be not less than 650 square feet in area for the accommodation of tents and small camping units only.(Former Section INL#316-18.1(c)(6); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density.

113.1.3.7.1 Each recreational vehicle or tent occupying a campground space and all accessory buildings shall maintain a six (6) foot setback from any building, recreational vehicle or tent pursuant to regulations contained in Title 25 of the California Code of Regulations. (Former Section INL#316-18.1(c)(7)(a); Added by Ord. 2166, Sec. 23, 4/7/98)

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*** Note:** Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.

113.1.3.7.2 No recreational vehicle or tent shall be permitted to locate less than fifteen (15) feet from any abutting property. (Former Section INL#316-18.1(c)(7) (b); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.7.3 No recreational vehicle or tent shall be permitted to locate less than twenty-five (25) feet from any prime arterial or collector road, and not less than fifteen (15) feet from any street right-of-way. (Former Section INL#316-18.1(c)(7)(c); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.7.4 Campground space density shall not exceed twelve (12) units per acre. (Former Section INL#316-18.1(c)(7) (d); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.8 Landscaping. All setbacks from streets and other areas in a special occupancy park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the Use Permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from freeway sources. (Former Section INL#316-18.1(c)(8); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.9 Interior Roadways. Private streets within special occupancy parks shall have the following minimum clearance widths: (Former Section INL#316-18.1(c)(9)(a-e); Added by Ord. 2166, Sec. 23, 4/7/98)

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TABLE: SPECIAL OCCUPANCY PARKS
INTERIOR ROADWAY CLEARANCE
STREET/AVAILABLE PARKING CLEARANCE WIDTH
One-way with no side parking 15 feet
One-way with parking permitted on one side 22 feet
Two-way with no parking on either side 20 feet
Two-way with parking permitted on one side 27 feet
Two-way with parking permitted on both sides 34 feet
----- End of picture text -----

113.1.3.10 Roadway Space. Adequate roadway space for turn-arounds shall be provided. (Former Section INL#316-18.1(c)(10); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows:

113.1.3.11.1 One (1) parking space for each recreational vehicle. (Former Section INL#316-18.1(c)(11)(a); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.11.2 One (1) parking space for each full-time employee. (Former Section INL#316-18.1(c)(11)(b); Added by Ord. 2166, Sec. 23, 4/7/98)

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113.1.3.11.3 For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio: (Former Section INL#316-18.1(c)(11)(c); Added by Ord. 2166, Sec. 23, 4/7/98)

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----- Start of picture text -----
0 - 200 occupant spaces 6 spaces
201 - 300 occupant spaces 8 spaces
301 - or more occupant spaces 10 spaces
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113.1.3.12 Location Map. Each campground space in a special occupancy park shall be clearly identified and a map showing the location of each space shall be provided at the park office. (Former Section INL#316-18.1(c)(12); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.13 Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view. (Former Section INL#316-18.1(c)(13); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section INL#316-18.1(c)(14); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.15 Sanitary Facilities. Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Code of Regulations and shall include: (Former Section INL#316-18.1(c)(15); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.15.1 The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state. Water supplies from other sources shall be approved by the Humboldt County Department of Health; (Former Section INL#316-18.1(c) (15)(a); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.15.2 Wastewater disposal facilities provided by a public agency which has met the requirements of the Regional Water Quality Control Board. Alternative or individual disposal systems shall be approved by the County Health Department; (Former Section INL#316-18.1(c)(15)(b); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.15.3 A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25, and approved by the County Health Department where on-site sanitation is proposed; (Former Section INL#316-18.1(c)(15)(c); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.15.4 Toilets, showers and lavatories for the exclusive use of the occupants of the special occupancy park shall be provided as required by Health and Safety Code Section 1864(b); (Former Section INL#316-18.1(c)(15)(d); Added by Ord. 2166, Sec. 23, 4/7/98)

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113.1.3.15.5 Laundry facilities in accordance with the requirements of Health and Safety Code. (Former Section INL#316-18.1(c)(15)(e); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.3.16 Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved or graveled and enclosed by a solid wall or fence not less than six (6) feet in height. (Former Section INL#316-18.1(c)(16); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.4 Accessory Buildings. A special occupancy park may include the following accessory buildings provided such uses are designed to be clearly accessory to the special occupancy park and intended for the convenience of the occupants and their guests: (Former Section INL#316-18.1(D); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section INL#316-18.1(D)(1); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.4.2 Commercial Services. Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar. (Former Section INL#316-18.1(D)(2); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.4.3 Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools. (Former Section INL#316-18.1(D)(3); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.4.4 Caretaker’s Residence. (Former Section INL#316-18.1(D)(4); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.5 Limitations. No person or group of persons other than the owner or operator thereof shall occupy any of the campground spaces in a special occupancy park for permanent family or group residential use. Length of occupancy of all other campground spaces shall be regulated as follows: (Former Section INL#316-18.1(E); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.5.1 Persons occupying spaces with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a special occupancy park for a period exceeding four (4) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed four (4) months in any twelve (12) month period. (Former Section INL#316-18.1(E)(1); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.5.2 Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a special occupancy park for a period exceeding thirty (30) days in any twelve month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period. (Former Section INL#316-18.1(E)(2); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.6 Modification of Development Criteria.

113.1.6.1 Modification of the development standards 113.1.1 through 113.1.4 of this Section may be allowed with a Special Permit, upon making the supplemental findings that 1) the development will conform to the development standards as closely as possible, 2) the development will be consistent with all applicable State

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and local health and safety standards, and 3) granting the exception will not be detrimental to the public welfare. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.6.2 Modification of the development standard 113.1.5 of this Section may also be allowed with a Special Permit, provided the following supplemental findings are made: 1) the development will be compatible with surrounding land uses, and 2) the development meets minimum State standards for habitability. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.6.3 To ensure the park is compatible with surrounding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)

113.1.6.4 The Hearing Officer may also require the caretaker 1) demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and 2) agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)

SECTION B: REGULATIONS THAT APPLY IN ALL OR SEVERAL ZONES