95.1 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS

95.1.1 Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating and making the public access dedication. (Former Section CZ#A314-6(A))

95.1.2 Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the North Coast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this section, “new development” shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 2, Procedures, of these regulations. (Former Section CZ#A314-6(B))

95.1.3 Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable Coastal Land Use Plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in subsection 313-95.1.4. (Former Section CZ#A314-6(C))

95.1.4.1 Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one (1) of the following legal documents for the provisions of coastal access as specified in the condition of approval: (Former Section CZ#A314-6(D)(1))

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

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95.1.4.1.1 Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one years (21yr) and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal of the offer of dedication for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror’s property. (Former Section CZ#A314-6(D)(1)(a))

95.1.4.1.2 Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that the grant of an in-fee interest or easement is appropriate, or there is an accepting agency available to accept the dedication, a grant of an in-fee interest or easement shall be required. (Former Section CZ#A314-6(D)(1)(b))

95.1.4.1.3 Deed Restrictions. A deed restriction which does not grant any ownership interest in the land proposed for public access, and whereby the land owner retains all responsibility for the improvement and maintenance of the accessway may be appropriate in the following limited types of development: (1) Large Residential Developments, (2) Planned Unit Developments, (3) Visitor Serving Facilities, and (4) Commercial Developments. Deed restrictions shall not be allowed for accessways that will require public maintenance or improvements. (Former Section CZ#A314-6(D)(1)(c))

95.1.4.2 Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of title insurance shall be estimated on the basis of what it would cost for a public agency to acquire an equivalent access. (Former Section CZ#A314-6(D)(2))

95.1.4.3 Coastal Commission Review. Copies of the documents to be recorded, the title report, and the permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 2, Procedures. of this Code. (Former Section CZ#A314-6(D)(3))

95.1.5 Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (Former Section CZ#A314-6(E))

95.1.5.1 The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County’s Coastal Land Use Plan; (Former Section CZ#A314-6(E)(1))

95.1.5.2 Vertical Access Design Criteria: (Former Section CZ#A314-6(E)(2))

95.1.5.2.1 The location should be along boundaries of property but may be re-sited, as necessary; (Former Section CZ#A314-6(E)(2)(a))

95.1.5.2.2 The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses; (Former Section CZ#A314-6(E)(2)(b))

95.1.5.2.3 A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways; (Former Section CZ#A314-6(E)(2)(c))

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

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95.1.5.2.4 The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway. (Former Section CZ#A314-6(E)(2)(d))

95.1.5.3 Lateral Access Design Criteria: (Former Section CZ#A314-6(E)(3))

95.1.5.3.1 Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways; (Former Section CZ#A314-6(E)(3)(a))

95.1.5.3.2 Where there is a fixed landward point from which to measure (e.g. bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or (Former Section CZ#A314-6(E)(3)(b))

95.1.5.3.3 Where there are not any fixed landward points (e.g. blufflines) the accessway shall be a minimum of twenty-five (25) feet in width, and shall run from the mean high tide line of the sea to the first line of terrestrial vegetation, excepting dune areas; (Former Section CZ#A314-6(E)(3)(c)(d))

95.1.5.3.4 Where there is no vertical gradient differential between major development and the accessway, a privacy buffer of fifty (50) feet shall be established as follows: (1) the first ten (10) feet from the development shall be used solely for a privacy buffer; (2) only limited uses shall be allowed between ten and twenty (20) feet from the development; and (3) only passive recreational uses shall be allowed between twenty (20) and fifty (50) feet from the development. (Former Section CZ#A314-6(E)(3)(e))

95.1.5.4 Vista Points. Where no beach area exists, but the project is proposed along a shorefront blufftop lot, public access for public viewing of the shoreline shall be required. Vista points should be accessible from a public road or from an upland public trail. (Former Section CZ#A314-6(E)(4))

95.1.5.5 Support Facilities. Where required by the Land Use Plan, areas sufficient to provide minimum support facilities shall be offered for dedication. (Former Section CZ#A314-6(E)(5))

95.1.6 Exception to Access Design Criteria. The Hearing Officer may modify the access design criteria of Section 95.1.5 for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become nonconforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable Coastal Land Use Plan, and the exception shall be allowed only if the applicable findings for granting exceptions of Chapter 2, Procedures, Supplemental Findings (312-2.19), can be made. (Former Section CZ#A314-6(F))

95.1.7 Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable

Resource Protection Impact Findings are made (see, Chapter 2, Section 312-39). (Former Section CZ#A314-6(G))

95.1.8 Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility

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

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for maintenance and liability of the accessway, and to provide the access improvements recommended in the Land Use Plan. (Former Section CZ#A314-6(H))