99.1 EXCEPTIONS TO THE DEVELOPMENT STANDARDS

99.1.1 Exceptions to Development Standards. The following exceptions to the development standards in this division are allowed subject to the specified limitations: (Former Section CZ#A314-15(A))

99.1.1.1 Exceptions to Height Standards. Any fence, 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. (Former Section CZ#A314-15(A)(1))

In order to

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: (Former Section CZ#A314-15(A)(2))

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EXCEPTIONS TABLE
DEVELOPMENT STANDARD PERMITTED MODIFICATION LIMITATIONS
Minimum Lot Size may be Such modifications must be
Minimum Lot Size
modified down to a minimum of approved in conjunction with a
----- End of picture text -----

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EXCEPTIONS TABLE
DEVELOPMENT STANDARD PERMITTED MODIFICATION LIMITATIONS
fifty percent (50%) of the required subdivision or lot line
lot size, or 5,000 square feet, adjustment.
whichever is greater. No lot created by the proposed
subdivision or lot line adjustment
shall exceed 1.8 times the
applicable minimum lot size.
Also, the total number of lots
created by the subdivision shall
not be more than that allowed by
the applicable zone.
Minimum Lot Width may be Minimum Lot Width shall not be
modified to a minimum of fifty modified below fifty feet (50').
Minimum Lot Width
percent (50%) of the required lot
width.
Maximum Lot Depth may be Maximum Lot Depth shall not be
Maximum Lot Depth modified up to a maximum of modified to exceed eight (8)
twice that permitted. times the lot width.
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99.1.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half (2½) feet into the minimum required yard. (Former Section CZ#A314-15(A)(3)(a))

99.1.1.3.2 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 CZ#A314-15(A)(3)(b))

99.1.1.3.3 Developed Block in a Residential Zone. In any RM, R2 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 CZ#A314-15(A)(3)(c))

99.1.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than two and one-half acres (2.5a) in size in RA, AE, TPZ and TC Zones shall be reduced to:

Front Twenty feet (20')

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Rear Ten feet (10')
Interior Side Five feet (5')
Exterior Side Twenty feet (20')
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(Former Section CZ#A314-15(A)(3)(d); Amended by Ord. 1842, Sec. 22, 8/16/88) (Ord. 2749, § 2, 10/1/ 2024)

313-100 through 313-102 (Sections Reserved for Future Use)

313-103

103.1 INDUSTRIAL PERFORMANCE STANDARDS

103.1.1 Purpose. The purpose of these regulations is to establish minimum standards for the operation of industrial development in Humboldt County. (Former Section CZ#A314-18(A))

103.1.2 Applicability. The provisions of this section shall apply to all of the Industrial use types. (Former Section CZ#A314-18(B))

103.1.3 Standards for Industrial Development that Impact Residential Zones. (Former Section CZ#A314-18(C))

103.1.3.1 Noise. All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level by more than 5 dB(A). (Former Section CZ#A314-18(C)(1))

103.1.3.2 Lights. All lights shall be directed on-site and shielded to reduce glare to adjacent residential areas. (Former Section CZ#A314-18(C)(2))

103.1.3.3 Traffic. New development shall demonstrate that it will not substantially increase truck traffic on residential streets. (Former Section CZ#A314-18(C)(3))

103.1.3.4 Vibrations. No perceptible vibrations shall be permitted off the building site. (Former Section CZ#A314-18(C)(4))

103.1.3.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(C)(5))

103.1.3.6 Dust Control. All areas used for parking, traffic circulation and material storage shall be surfaced with asphalt concrete. (Former Section CZ#A314-18(C)(6))

103.1.3.7 All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(C)(7))

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103.1.3.8 All equipment and materials storage areas adjacent to any residential zone shall be screened by walls, fences, or adequate plantings to a height of not less than six (6) feet, and said fencing and plantings shall conform to all yard requirements. (Former Section CZ#A314-18(C)(8))

103.1.4 Standards for Industrial Development that Impact Nonresidential Zones. (Former Section CZ#A314-18(D))

103.1.4.1 Noise. Mitigation measures shall be required where necessary to insure that noise generated by industrial operations does not exceed 70 dB(A) anywhere off the site. (Former Section CZ#A314-18(D)(1))

103.1.4.2 Lights. No restrictions. (Former Section CZ#A314-18(D)(2))

• 103.1.4.3 Traffic. No restrictions. (Former Section CZ#A314-18(D)(3))

103.1.4.4 Vibrations. No perceptible vibrations shall be permitted to interfere with adjacent land uses. (Former Section CZ#A314-18(D)(4))

103.1.4.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(D)(5))

103.1.4.6 All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(D)(6))

103.1.5 Modifications to Industrial Performance Standards. The Hearing Officer may modify any of the Industrial Performance Standards during review of a Use Permit for an industrial development. However, the Hearing Officer shall set, as a condition of the Use Permit, new minimum performance standards to replace those modified. (Former Section CZ#A314-18(E)

313-104

104.1 INTERIM USES IN THE INDUSTRIAL/COASTAL-DEPENDENT ZONE PERFORMANCE STANDARDS

104.1.1 Purpose. There is a substantial inventory of vacant and underutilized land zoned MC: Coastal-Dependent Industrial around Humboldt Bay. Until such time as there is a higher demand for the use of MC zoned land for its designated purpose of supporting coastal-dependent industrial uses, defined as uses which require a maintained navigable channel to function, it is desirable and beneficial to generate revenues that can be used to maintain and improve infrastructure for future coastal-dependent industrial use. This is accomplished by increasing the variety of conditionally permitted uses in the MC Zone district by allowing noncoastal-dependent interim uses, thereby increasing the potential for the use of vacant and underutilized MC zoned land.

unction, it is desirable and beneficial to generate revenues that can be used to maintain and improve infrastructure for future coastal-dependent industrial use. This is accomplished by increasing the variety of conditionally permitted uses in the MC Zone district by allowing noncoastal-dependent interim uses, thereby increasing the potential for the use of vacant and underutilized MC zoned land.

The purpose of these regulations is to establish minimum standards for interim noncoastal-dependent development in the MC Zone district while simultaneously protecting the current and long term use of MC zoned land for coastal-dependent industrial use as defined in 104.1.3.1 below, and other priority uses conditionally permitted in the MC Zone district including coastal-dependent recreation, coastal-related, and coastal access facilities as defined in Section D: Use Types, Part 2: Glossary of Use Types, of the Coastal Zoning Regulations

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(hereinafter “other priority use” or “other priority uses”). To allow greater use of underutilized MC zoned lands, certain uses allowed in the ML-Light Industrial and MG-Industrial General Zone districts not otherwise allowed in the MC Zone district may be allowed in the MC district as conditionally permitted interim uses (“interim uses”) subject to the following performance standards which avoid detrimental impacts to the long term coastaldependent industrial use, or other priority use, of MC zoned lands.

104.1.2 Applicability. The provisions of this section shall apply to all qualified interim uses in the MC Zone district. Certain uses included under the various Interim Conditionally Permitted Use Types in Section 313-3.4 of the Coastal Zoning Regulations would not qualify as allowable interim uses at the outset due to their inability to be removed or relocated in a feasible manner. Uses that would not plausibly qualify as interim uses include, but are not limited to, most of the Extensive Impact Civic Uses with the possible exception (where structures that may be needed are either existing or removable) of helistops, publicly operated parking garages, bus depots, and sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; and automobile gas or filling stations under Retail Service Uses.

104.1.3 Performance Standards.

104.1.3.1 In order to avoid detrimental impacts to coastal-dependent industrial uses, including public docks; water-borne carrier import and export operations; ship building and boat repair; commercial fishing facilities, including storage and work areas, berthing and fish receiving, and fish processing for human consumption; marine oil terminals; Outer Continental Shelf service or supply bases; ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities; and aquaculture and aquaculture support facilities; and in order to avoid detrimental impacts to other priority uses, interim uses shall do all of the following:

areas, berthing and fish receiving, and fish processing for human consumption; marine oil terminals; Outer Continental Shelf service or supply bases; ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities; and aquaculture and aquaculture support facilities; and in order to avoid detrimental impacts to other priority uses, interim uses shall do all of the following:

104.1.3.1.1 be compatible with, and not interfere with, the operation of existing onsite and offsite coastal-dependent industrial uses or other priority uses;

104.1.3.1.2 allow the site where they are located to be converted back to a coastal-dependent industrial use when the site is needed for such use;

104.1.3.1.3 use existing improvements where feasible;

104.1.3.1.4 in addition to complying with subsection 104.1.3.3, be located in the areas least likely to be required by a future coastal-dependent industrial use or other priority use on a particular site to the extent feasible;

104.1.3.1.5 only provide those site improvements that are nonpermanent, and removable or relocatable in a feasible manner, or such improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use, if new improvements are required; and

104.1.3.1.6 not inhibit the eventual use of MC zoned land for coastal-dependent industrial use or other priority use.

104.1.3.2 Compliance with Section 104.1.3.1 shall be determined considering at a minimum all of the following factors:

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104.1.3.2.1 the amount of area required for an interim use;

104.1.3.2.2 the type, intensity and location of the interim use;

104.1.3.2.3 maintenance of priority access to roads, bay frontage and infrastructure for existing coastaldependent industrial uses or other priority uses.

104.1.3.2.4 the priority rating of the site for coastal dependent industrial development pursuant to section 3.14.B.3.a. of the Humboldt Bay Area Plan;

104.1.3.2.5 the current and projected level of demand for coastal-dependent industrial uses, and the land and infrastructure available to accommodate the demand, as determined in consultation with appropriate public and private agencies or organizations, and appropriate publications;

104.1.3.2.6 the cost and amortization period of investments associated with the proposed use; and

104.1.3.2.7 the lead time necessary to return the site to coastal-dependent industrial use.

104.1.3.3 Interim uses do not have the priority status of coastal-dependent industrial uses or other priority uses, shall be located in upland areas, shall not be allowed to fill wetlands or coastal waters, shall be located at least one hundred (100) feet from environmentally sensitive habitat areas, and shall not be located on any dock or within one hundred (100) feet of a dock as measured from the center of the dock at the point where the dock joins the shore.

ependent industrial uses or other priority uses, shall be located in upland areas, shall not be allowed to fill wetlands or coastal waters, shall be located at least one hundred (100) feet from environmentally sensitive habitat areas, and shall not be located on any dock or within one hundred (100) feet of a dock as measured from the center of the dock at the point where the dock joins the shore.

104.1.3.4 Interim uses shall require both a use permit and coastal development permit, the terms of which shall coincide, and shall be subject to the following standards:

104.1.3.4.1 The Hearing Officer shall set the term for the permits, which shall normally be between one (1) and seven (7) years. The permit term shall be set in consideration of the factors listed in section 104.1.3.2 so as to provide a viable time frame for an interim use while avoiding impacts to long term coastal-dependent industrial uses and other priority uses.

104.1.3.4.2 The permit term for interim uses shall be limited to two (2) years if any of the following occur: (a) if 340 acres of MC-zoned land is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years; or (b) if 170 acres of MCzoned land that either currently supports or has supported coastal-dependent industrial development is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years.

104.1.3.4.3 A term of between one (1) and three (3) additional years above the maximum seven (7) years (for a total term not to exceed ten (10) years) may be considered under limited circumstances, but shall not be considered for interim uses subject to the permit term established by 104.1.3.4.2. In addition to the factors provided in section 104.1.3.2, the longer term may be considered for:

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104.1.3.4.3.1 interim uses that can coexist with existing or future coastal-dependent industrial uses and other priority uses.

104.1.3.4.3.2 interim uses that provide structural repair, maintenance or upgrades of existing infrastructure, or install new infrastructure, that supports coastal-dependent industrial uses.

104.1.3.4.5 The existence of a use permit and coastal development permit for an interim use shall not prevent the application for and approval of any required land use permits for a non-interim principally or conditionally permitted use in the MC Zone district for the same parcel, even if for the same location on the parcel, subject to the condition that the permits for any non-interim use that would conflict with an interim use shall not become effective until the expiration of the interim use permit term set by the Hearing Officer, the abandonment of the interim use during the permit term of the interim use, or the rescission of the lease for the interim use and the removal or relocation of the interim use in accordance with Section 104.1.3.10.

104.1.3.5 An interim use permit and coastal development permit shall not confer any land use entitlement or property right to the holder of the permits beyond the permit expiration date set forth in the use permit and coastal development permit. Interim permits shall expire at the end of the term set by the Hearing Officer, at which time they become null and void. Interim uses shall cease operation and all permitted development not authorized to remain by permit shall be removed by the permit expiration date. Issuance of a new use permit and coastal development permit prior to the expiration date of the existing use permit and coastal development permit authorizing the interim use shall be required in order to continue an interim use uninterrupted beyond the expiration date of the existing permit.

104.1.3.6 An interim use must commence within one (1) year after all applicable appeal periods have lapsed. Extensions of the initial permit vesting period (the period by which the interim use must begin) may be approved in accordance with Section 312-11.3 of the Zoning Ordinance (“Extension of a Permit or Variance”).

104.1.3.7 Interim uses shall utilize existing improvements where feasible. If new improvements are required, they shall be nonpermanent, and removable or relocatable in a feasible manner, or shall be improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use. A project site shall be restored to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use, on or before the expiration date of a use permit and coastal development permit for an interim use. An application for a use permit and coastal development permit for interim uses shall include a plan detailing how and when the project site will be restored. A bond in the amount necessary to complete the required restoration may be required at the discretion of the Hearing Officer.

ndustrial use, on or before the expiration date of a use permit and coastal development permit for an interim use. An application for a use permit and coastal development permit for interim uses shall include a plan detailing how and when the project site will be restored. A bond in the amount necessary to complete the required restoration may be required at the discretion of the Hearing Officer.

104.1.3.8 Prior to any development occurring that is authorized by an interim use permit and coastal development permit, a Development Plan shall be submitted for review and approval by the Planning Director, and a Notice of Development Plan shall be recorded on all properties where the interim use permit will be located. The Development Plan shall identify the term and all other applicable development restrictions that apply to the interim use, including the plan for restoring the project site to pre-project

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condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use.

104.1.3.9 Coastal-dependent industrial uses and other priority uses are considered priority uses pursuant to the County’s Local Coastal Program and California Coastal Act and as such, shall be given priority over interim uses in evaluating potential land use conflicts between the two uses. Operation of coastal-dependent industrial uses or other priority uses in conformance with all applicable laws and regulations shall not constitute a nuisance pursuant to the Humboldt County Code of Regulations.

104.1.3.10 Any lease for an interim use shall include a provision for rescission of the lease and mandatory relocation or removal of the interim use within six (6) months in the event a coastal-dependent industrial use or other priority use is identified by the property owner for the space occupied by an interim use on terms acceptable to the property owner. A copy of the lease showing compliance with this provision shall be provided to the Planning Division prior to permit issuance. A property owner may exercise the lease rescission provision if a coastal-dependent industrial use or other priority use attempting to occupy the site would be prohibited from doing so due to the existence of one (1) or more interim uses.

104.1.3.11 The Coastal-Dependent Industrial Development regulations contained in Section 313-45.1 of the Coastal Zoning Regulations shall continue to apply to coastal-dependent industrial development in the MC Zone district, but shall not apply to noncoastal- dependent industrial interim uses.

104.1.3.12 The Industrial Performance Standards as provided in Section 313-103.1 of the Coastal Zoning Regulations shall apply to all Interim Conditionally Permitted Uses.

104.1.3.13 An interim use must demonstrate the ability to comply with all applicable policies of the Humboldt Bay Area Plan, including, but not limited to, development policies related to adequacy of services and adequacy of facilities for the treatment and disposal of wastewater discharges for both domestic and nondomestic wastewater (Section 3.14-B-1 of the Humboldt Bay Area Plan).

104.1.4 Findings. In addition to the required findings for all permits and variances pursuant to Chapter 2, Section 312-17 of the Humboldt County Zoning Regulations, the Hearing Officer may approve or conditionally approve an application for an interim use permit and coastal development permit only if a finding can be made that the interim use does not have a detrimental impact on existing coastal-dependent industrial uses or other priority uses, nor on the future long term use of MC zoned land for coastal-dependent industrial uses or other priority uses.

104.1.5 Tribal Cultural Resources. Ground disturbing activities will require review by local Native American tribes and may require a record search, a site visit, and/or an archaeological survey for Tribal cultural resources during the permitting process. If a likelihood of significant resources is identified, project redesign, mitigation, and/ or monitoring during ground disturbing activities may be required for areas considered sensitive.

104.1.6 Future Applicability. If the County undertakes a reduction of MC zoned land, the continued applicability of these standards shall be reviewed in conjunction with that LCP amendment.

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313-105 (Section Reserved for Future Use)

313-106

106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION

106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))

106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))

106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision

creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A314-19.2(C))

106.1.3.1 Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))

106.1.3.2 Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))

106.1.3.3 Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))

106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))

106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION

106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))

106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))

106.2.2.1 The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))

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106.2.2.2 New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))

106.2.2.3 The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))

106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))

106.2.3.1 Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))

106.2.3.2 Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))

106.2.3.3 Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))

106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))

106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION

106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))

106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))

106.3.2.1 The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))

106.3.2.2 New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))

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106.3.2.3 The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))

106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))

106.3.3.1 Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))

106.3.3.2 Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))

106.3.3.3 Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))

106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))

106.4 COASTAL RECREATIONAL (CR) LAND DIVISION

106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))

106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))

106.4.2.1 No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))

106.4.2.2 Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))

106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))

106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION

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106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))

106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))

106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION

106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))

106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))

106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))

106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))

106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))

106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of

management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))

106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))

106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))

106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))

106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))

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106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C)(8))

106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC)

Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))

106.6.4.1 Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))

106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))

313-107

107.1 MANUFACTURED HOME PARK DEVELOPMENT

107.1.1 Purpose. The purpose of these regulations is to establish standards for the development of new manufactured home parks and the expansion of existing manufactured home parks in Humboldt County. (Former Section CZ#A314-22(A))

107.1.2 Applicability. These regulations shall apply to the development, expansion, or alteration of any manufactured home park, as defined in the Manufactured Home Park use type. (Former Section CZ#A314-22(B))

107.1.3 Development Standards. The construction, alteration or expansion of a manufactured home park shall be subject to the following development standards, except as provided herein: (Former Section CZ#A314-22(C))

107.1.3.1 Minimum Lot Size. No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section CZ#A314-22(C)(1); Amended by Ord. 2167, Sec. 27, 4/7/98)

107.1.3.2 Minimum Recreation Area. A minimum recreation area of fifteen hundred (1,500) net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section CZ#A314-22(C)(2))

107.1.3.3 Minimum Yards. Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. Yard areas may not be used to satisfy the minimum recreation area that is required by this section. (Former Section CZ#A314-22(C)(3); Amended by Ord. 2167, Sec. 27, 4/7/98)

107.1.3.4 Access.

107.1.3.4.1 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 CZ#A314-22(C)(4)(a))

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107.1.3.4.2 All circulation roads within the park shall be a minimum of twenty-four (24) feet (two-way traffic) from curb to curb and shall be 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 CZ#A314-22(C)(4) (b))

107.1.3.4.3 All roads and parking spaces shall be permanently paved. (Former Section CZ#A314-22(C)(4)(c))

107.1.3.5 Parking.

107.1.3.5.1 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, and shall contain seven (7) feet of vertical clearance. (Former Section CZ#A314-22(C)(5)(a))

107.1.3.5.2 Guest parking shall be provided at a ratio of one (1) space for every four (4) manufactured home sites.

107.1.3.5.2.1 On-street parking is acceptable in meeting this requirement if all the streets providing the spaces are constructed to forty (40) feet in width. (Former Section CZ#A314-22(C)(5)(b))

107.1.3.5.2.2 If the streets within the manufactured home park are 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 greater than two hundred (200) feet apart. (Former Section CZ#A314-22(C)(5)(b))

107.1.3.5.3 If any type of commercial use(s) is (are) proposed within the manufactured home park, additional parking shall be provided consistent with the Off-Street Parking Requirements in Section 313-109.1. (Former Section CZ#A314-22(C)(5)(c))

107.1.3.6 Fencing and Landscaping.

107.1.3.6.1 Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening/planting, with a minimum height of six (6) feet, along all boundaries of the manufactured home park site that abut on public roads, or on property lines. (Former Section CZ#A314-22(C)(6)(a))

107.1.3.6.2 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 CZ#A314-22(C)(6)(b))

107.1.3.7 Storage Area. A minimum outdoor storage shed of forty-eight (48) square feet shall be provided for each unit. (Former Section CZ#A314-22(C)(7))

107.1.4 Exceptions for Existing Substandard Manufactured Home Parks. The Hearing Officer may modify the

requirements of Section 107.1.3 for an existing substandard park proposed to be enlarged or altered; provided, that the modifications are limited to the extent that an overall improvement in the design or standards of such

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existing park will result, and subject to making the applicable findings for granting exceptions in Chapter 2, Procedures, of this Code. (For more information on manufactured homes, see Section 313-132, Nonconforming Structures, and Section 313-69.05, Accessory Dwelling Units.) (Former Section CZ#A314-22(D))

107.2 MERGER OF SUBSTANDARD LOTS

• 107.2.1 A substandard lot can be developed or sold if: (Former Section CZ#A314-21(A))

  • 107.2.1.1 The substandard lot in question was lawfully created; and (Former Section CZ#A314-21(A)(1))

  • 107.2.1.2 The substandard lot has not been merged with adjoining property. (Former Section CZ#A314-21(A)(2))

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 CZ#A314-21(B); Ord. 1104, 1/5/76; Amended by Ord. 1875, Sec. 3, 9/26/89) (Ord. 2717, § 6, 6/27/2023)

313-108 (Section Reserved for Future Use)

313-109

109.1 OFF-STREET PARKING

109.1.1 Purpose.

109.1.1.1 The intent of these requirements is to provide for the on-site, off-street parking of motor vehicles that are associated with any use or uses on the premises. The facilities required by this section represent the minimum that will be required for the various land use types (as specified by the zoning designation or as allowed by a permit for the use). (Former Section CZ#A314-26)

109.1.1.2 It shall be the responsibility of the developer, owner or operator of any specific use to provide “adequate off-street parking,” even if the amount of such parking is in excess of the minimum requirements set forth in this section. “Adequate Off-Street Parking” means an amount of parking sufficient to meet the level of anticipated parking demand generated by the use for which the parking is required. (Former Section CZ#A314-26)

109.1.1.3 The 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 for vehicle passengers and pedestrians to and from their destinations. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. (Former Section CZ#A314-26))

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109.1.2 Applicability. These requirements shall apply in all zones to the activities specified herein. (Former Section CZ#A314-26(B))

109.1.3 General Requirements.

109.1.3.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently proximate 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. Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section CZ#A314-26(C)(1))

109.1.3.1.1 A substitute parking area is provided and remains available for as long as the use for which the parking is required continues; and (Former Section CZ#A314-26(C)(1)(a))

109.1.3.1.2 The substitute parking is within an area designated in the General Plan for commercial or other business use, and within which area parking is a permitted and compatible use; and (Former Section CZ#A314-26(C)(1)(b))

109.1.3.1.3 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 a way open to public pedestrian passage; and (Former Section CZ#A314-26(C)(1)(c))

109.1.3.1.4 The substitute parking area is either: (1) owned by the owner of the property on which is located the use for which the parking is required, or (2) is owned by a public entity empowered to provide public parking facilities, and the property is developed for that purpose; or (Former Section CZ#A314-26(C)(1)(d))

109.1.3.1.5 Consistent with the general requirements in this section 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. When substitute parking is provided in this manner, a Special Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. In either instance, the Special Permit or Use Permit shall contain conditions providing that: (1) 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 (2) providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section CZ#A314-26(C)(1)(e))

109.1.3.2 Size and Improvement.

109.1.3.2.1 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 CZ#A314-26(C)(2)(a))

109.1.3.2.2 Each compact car space shall be not less than seven and one-half (7½) feet wide and sixteen (16) feet long. (Former Section CZ#A314-26(C)(2)(b))

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109.1.3.2.2.1 No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section CZ#A314-26(C)(2)(b)(i))

109.1.3.2.2.2 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 CZ#A314-26(C)(2)(b)(ii))

109.1.3.2.2.3 Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section CZ#A314-26(C)(2)(b)(iii))

109.1.3.2.3 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 CZ#A314-26(C)(2)(c))

109.1.3.2.4 In recreational use areas, adequate parking facilities shall be provided consistent with the level of anticipated use. Special parking provisions shall be made for recreational vehicles, boats and trailers. (Former Section CZ#A314-26(C)(2)(d))

109.1.3.2.5 All improvements to 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 CZ#A314-26(C)(2)(e))

109.1.3.3 Required Off-Street Parking.

109.1.3.3.1 Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section CZ#A314-26(C)(3))

109.1.3.3.2 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 the required additional parking shall be based only on the parking required for the addition, enlargement, or change. (Former Section CZ#A314-26(C)(3))

109.1.3.4 Requirements for Lots Fronting Unimproved Roads. Wherever the 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 CZ#A314-26(C)(4))

109.1.3.4.1 Additional improved off-street parking must be provided consistent with the standards of Section 313-109.1.4, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section CZ#A314-26(C)(4)(a))

109.1.3.4.2 If the lot frontage exceeds 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 CZ#A314-26(C)(4)(b); Amended by Ord. 1842, Sec. 23, 8/16/88)

109.1.3.5 Parking Requirements for Lawfully Established Uses Which Are Not in Compliance with Current Parking Requirements. (Former Section CZ#A314-26(C)(5))

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109.1.3.5.1 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 when new uses are initiated within existing structures which generate the same level of parking demand as the former use, no additional parking spaces shall be required. (Former Section CZ#A314-26(C)(5)(a))

109.1.3.5.2 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 CZ#A314-26(C)(5)(b))

109.1.3.5.3 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. When a new use generates a lower parking demand, no additional parking spaces will be required. (Former Section CZ#A314-26(C)(5)(c))

109.1.3.5.4 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 CZ#A314-26(C)(5)(d))

109.1.3.5.5 Notwithstanding the foregoing provisions of this section, existing uses are not subject to the requirements for parking only to the extent that the use was lawfully created and continues as a lawful use. If the use was not lawfully established or is no longer lawfully being carried out, the parking provisions of this section apply to both the existing use as well as any expansion thereto.

109.1.3.6 Multiple Uses and Joint Uses.

109.1.3.6.1 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. (Former Section CZ#A314-26(C)(6)

109.1.3.6.2 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 CZ#A314-26(C)(6))

109.1.3.7 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 is located. (Former Section CZ#A314-26(C)(7))

109.1.3.8 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 the Humboldt County Code and the following provisions: (Former Section CZ#A314-26(C)(8))

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109.1.3.8.1 The handicapped parking spaces shall be fourteen (14) feet wide and eighteen (18) feet long. (Former Section CZ#A314-26(C)(8)(a))

109.1.3.8.2 Parking facilities containing six (6) through forty (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the International Symbol of Accessibility. One handicapped space shall be provided for each additional forty (40) spaces or portion thereof. (Former Section CZ#A314-26(C)(8)(b))

109.1.3.8.3 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 CZ#A314-26(C)(8)(c))

109.1.3.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth herein shall be fixed by the Director and shall be based upon the available studies and standards for the most comparable use. (Former Section CZ#A314-26(C)(9))

109.1.3.10 Fractional Spaces. Where the application of the parking 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 CZ#A314-26(C)(10))

109.1.3.11 Variable Parking Demand. Where 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 CZ#A314-26(C)(11))

109.1.3.12 Exceptions. Exceptions to the requirements for the number of off-street parking spaces may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of site, site-specific topographic constraints, historically designated structures, proximity to urban built-up areas, and levels of anticipated use. (Former Section CZ#A314-26(C)(12))

109.1.4 Parking Spaces Required. The number of off-street parking spaces required shall not be less than the following: (Former Section CZ#A314-26(D))

109.1.4.1 Residential Uses.

109.1.4.1.1 Single Detached and Duplex Building Types. (Former Section CZ#A314-26(D)(1)(a))

109.1.4.1.1.1 Spaces Required, Setback. One (1) parking space for each dwelling unit containing not more than one (1) bedroom; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall be sited outside the front yard setback. The following exceptions apply to accessory dwelling units: (Former Section CZ#A314-26(D)(1)(a)(i))

109.1.4.1.1.1.1 Accessory Dwelling Unit Exception.

109.1.4.1.1.1.1.1 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

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areas or through tandem parking, unless parking in setback areas or tandem parking is not feasible based on specific site conditions, or regional topographical conditions, or fire and life safety conditions.

109.1.4.1.1.1.1.2 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.

109.1.4.1.1.2 Except as provided in subsection 109.1.4.1.1.3, 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 109.1.4.1.1.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(a)(ii))

109.1.4.1.1.2.1 One (1) space for each single-family residence containing one bedroom or less; (Former Section CZ#A314-26(D)(1)(a)(ii))

109.1.4.1.1.2.2 One (1) space for each duplex unit; (Former Section CZ#A314-26(D)(1)(a)(ii))

109.1.4.1.1.2.3 Two (2) spaces for each single-family residence containing two or more bedrooms. (Former Section CZ#A314-26(D)(1)(a)(ii); Amended by Ord. 1842, Sec. 23, 8/16/88)

109.1.4.1.1.3 Instead of providing the additional parking spaces required by subsection 109.1.4.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4, Requirements for Lots Fronting Unimproved Roads. (Former Section CZ#A314-26(D)(1)(a)(iii))

109.1.4.1.1.4 Driveway opening shall be in conformance with the standards detailed in Section 411 and following of this Code (the Encroachment Regulations). (Former Section CZ#A314-26(D)(1)(a)(iv))

109.1.4.1.2 Multiple Unit Building Types With More Than Two Dwelling Units. (Former Section CZ#A31426(D)(1)(b))

109.1.4.1.2.1 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 (2½) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section CZ#A314-26(D)(1)(b)(i))

109.1.4.1.2.2 Except as provided in subsection 109.1.4.1.2.3, 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 109.1.4.1.2.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(b)(ii))

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109.1.4.1.2.2.1 One-half (½) space for each one bedroom unit; (Former Section CZ#A314-26(D)(1)(b)(ii))

109.1.4.1.2.2.2 Three-quarters (¾) space for each two or three bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))

109.1.4.1.2.2.3 One (1) space for each four (4) bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))

109.1.4.1.2.3 Instead of providing the additional parking spaces required by subsection 109.1.4.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4. (Former Section CZ#A314-26(D)(1)(b)(iii))

109.1.4.1.2.4 Driveway openings shall be in conformance with the standards detailed in the Encroachment Regulations of Section 411 and following of this Code. (Former Section CZ#A314-26(D)(1)(b)(iv))

109.1.4.1.3 Hotel, Motel, Rooming House. One (1) parking space for each sleeping unit, plus two (2) manager parking spaces. (Former Section CZ#A314-26(D)(1)(c))

109.1.4.1.4 Senior Housing Complex. One (1) parking space for every two dwelling units (2du). 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 in this Section 109.1.4. (Former Section CZ#A314-26(D)(1)(d))

109.1.4.1.5 Rest Homes and/or Convalescent Homes. One (1) parking space for every five (5) licensed patient beds, plus the higher of either: one (1) parking space for every 500 square feet of gross floor area; or one parking space for each employee of the peak shift. (Former Section CZ#A314-26(D)(2)(e))

109.1.4.2 Civic Uses.

109.1.4.2.1 Hospitals. One (1) parking space per bed, plus one (1) space for every three (3) employees and medical staff members. (Former Section CZ#A314-26(D)(2)(a))

109.1.4.2.2 Clinics. One (1) parking space for every 300 square feet of gross floor area, plus one (1) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section CZ#A314-26(D)(2)(b))

109.1.4.2.3 Churches. One (1) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshal, in the largest assembly area of the church, plus one (1) parking space for every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section CZ#A314-26(D)(2)(c))

109.1.4.2.4 Schools.

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109.1.4.2.4.1 Kindergarten/Day Care Center. One (1) parking space for every ten (10) children, plus one (1) space for each employee. Additionally, sufficient loading area should be provided for the safe loading and unloading of children and adults; (Former Section CZ#A314-26(D)(2)(d)(i))

109.1.4.2.4.2 Elementary Schools. One (1) parking space for every ten (10) children, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(ii))

109.1.4.2.4.3 Junior High/Middle Schools and High Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(iii))

109.1.4.2.4.4 College and Trade Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d) (iv))

109.1.4.3 Commercial Uses.

109.1.4.3.1 Retail Sales/Service. One (1) parking space for every 300 square feet of gross floor area, with a minimum of four (4) spaces plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(a))

109.1.4.3.2 Furniture/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) for each employee. (Former Section CZ#A314-26(D)(3)(b))

109.1.4.3.3 Restaurants. The higher of either: one (1) 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 shall be provided. (Former Section CZ#A314-26(D)(3)(c))

109.1.4.3.4 Theaters/Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section CZ#A314-26(D)(3)(d))

109.1.4.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e))

109.1.4.3.6 Dance Halls/Amusements. The higher of either: 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 CZ#A314-26(D)(3)(f))

109.1.4.3.7 Shopping Centers. A shopping center covering two acres (2a) or more shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers less than two acres (2a) shall provide parking spaces as required for retail sales or service uses. (Former Section CZ#A314-26(D)(3)(g))

109.1.4.4 Industrial Uses.

109.1.4.4.1 Management Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e); CZ#A314-26(D)(4)(a))

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109.1.4.4.2 Manufacturing. The higher of either: one (1) 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 CZ#A314-26(D)(4)(b))

109.1.4.4.3 Warehouse. The higher of either: 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 CZ#A314-26(D)(4)(c))

109.1.5 Loading Spaces Required. The minimum number of off-street loading spaces required shall be as follows: (Former Section CZ#A314-26(E))

109.1.5.1 One (1) loading space for each twenty thousand (20,000) square feet of gross floor area, or portion thereof. The loading space requirement for uses containing ten thousand (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 CZ#A314-26(E)(1))

109.1.5.2 Exceptions to loading space size requirements may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of the site; site specific topographic constraints; identification as a Rural Center in the Community Plan; historically designated structures; proximity to urban built-up areas; and levels of anticipated use. (See, Chapter 2, Section 312-9, Public Hearing Requirements, regarding Hearing Officers; and Section 312-41.1, Required Findings for Granting Exceptions with a Special Permit.) (Former Section CZ#A314-26(E)(2))

109.1.6 Additional Requirements.

109.1.6.1 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 detailed in Section 411 and following (Encroachment Regulations) of this Code, and shall be designed so as to provide sufficient maneuvering room for vehicles onsite 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 CZ#A314-26(F)(1))

109.1.6.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, should be appropriately placed within off-street parking areas that 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 the Humboldt County 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 CZ#A314-26(F)(2)) (Ord. 2717, § 7, 6/27/2023)

313-110

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 CZ#A314-29(A))

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 CZ#A314-29(B); Amended by Ord. 2167, Sec. 29, 4/7/98)

110.1.3 Requirement. 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 CZ#A314-29(C))

110.1.3.1 For new subdivisions containing fifty-one (51) or more parcels: (Former Section CZ#A314-29(C)(1))

110.1.3.1.1 An offer of dedication of a portion of the land planned for development to a public or private non-profit agency for public park or recreation use as identified in the County General Plan, according to the formula and standards set forth in subsections 313-110.1.4 and 313-110.1.5, trails and support facilities identified in the County Trails Plan, and coastal access as identified in the access component of the Coastal Land Use Plan; or (Former Section CZ#A314-29(C)(1); Amended by Ord. 2167, Sec. 29, 4/7/98)

110.1.3.1.2 An in lieu fee in accordance with the provisions of subsection 313-110.1.6, to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether a dedication of land or payment of in lieu fees shall be required. (Former Section CZ#A314-29(C)(1))

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 subsection 313-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of land dedication and in lieu fee payment to satisfy this requirement. (Former Section CZ#A314-29(C)(2))

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 a parcel map subdivision providing 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 a permit. (Former Section CZ#A314-29(C)(3))

110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to subsection 313-110.1.6, for the determination of parkland dedication requirements. (Former Section CZ#A314-29(D))

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 CZ#A314-29(E))

130 square feet per person multiplied by the average number of persons per household. The average number of persons per household shall be determined by the Planning Division from time to time based on demographic

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research and available County census data from the United States Bureau of the Census. The current “average number of persons per household” can be obtained by contacting the Planning Division. (Former Section CZ#A314-29(E))

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 subsection 313-110.1.4. The “fair market value” shall be determined at the time of filing the Tentative Map or Tentative Parcel Map.

110.1.6.2 If the subdivider objects to the fair market value determination, he may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser, who is mutually acceptable to the County for the purpose of determining the fair market value. It is the obligation of the developer to determine the acceptability of the appraiser to the County before incurring any appraisal expense. (Former Section CZ#A314-29(F))

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 CZ#A314-29(F); Added by Ord. 2167, Sec. 29, 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 CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 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 CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 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 the request for reconveyance is made to the County. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 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, is as follows: (Former Section CZ#A314-29(G))

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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 the subdivider desires to dedicate property for park and recreational purposes, or instead desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area of land proposed for dedication shall be designated on the subdivision map as submitted. (Former Section CZ#A314-29(G)(1))

110.1.8.2 At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer (see, Chapter 2, Section 312-9, Public Hearing Requirements, which specifies the Hearing Officer for various types of cases) 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 CZ#A314-29(G)(2))

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 Hearing Officer shall consider the following: (Former Section CZ#A314-29(G)(3))

110.1.8.3.1 The Humboldt County General Plan; (Former Section CZ#A314-29(G)(3)(a))

110.1.8.3.2 Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section CZ#A314-29(G)(3)(b))

110.1.8.3.3 Size and shape of the subdivision available for dedication; (Former Section CZ#A314-29(G)(3)(c))

110.1.8.3.4 Feasibility of dedication; (Former Section CZ#A314-29(G)(3)(d))

110.1.8.3.5 Availability and adequacy of previously acquired park property; and (Former Section CZ#A314-29(G)(3)(e))

110.1.8.3.6 The desirability of fees being used for indoor recreational facilities. (Former Section CZ#A314-29(G)(3)(f))

110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreational 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 Hearing Officer finds that it is in the public interest to do so and that the following standards are met: (Former Section CZ#A314-29(H)

110.1.9.1 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 CZ#A314-29(H)(1))

110.1.9.2 The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section CZ#A314-29(H)(2))

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110.1.9.3 The use of 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, and which covenant cannot be defeated or eliminated without the consent of the County or its successor; (Former Section CZ#A314-29(H)(3))

110.1.9.4 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 CZ#A314-29(H)(4))

110.1.9.5 The facilities proposed for the open space area are in substantial conformance with the provisions of the Humboldt County General Plan. (Former Section CZ#A314-29(H)(5))

Before credit is given, the Planning Commission shall make findings that the standards in this section are met. (Former Section CZ#A314-29(H))

313-111

111.1 RESIDENTIAL DENSITY BONUS

111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this section, it is the intent of the County of Humboldt to facilitate the development of affordable housing and to implement the goals, objectives, and polices of the County’s Housing Element. (Ord. 2167, § 25, 4/7/1998)

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

111.1.2.1 Additional Incentives

• 111.1.2.2 Affordable Rent

• 111.1.2.3 Very Low Income

• 111.1.2.4 Lower Income

• 111.1.2.5 Affordable Sales Price

• 111.1.2.6 Density Bonus

• 111.1.2.7 Density Bonus Housing Agreement

• 111.1.2.8 Density Bonus Unit

• 111.1.2.9 Equivalent Financial Incentive

• 111.1.2.10 Housing Cost

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• 111.1.2.11 Housing Development

• 111.1.2.12 Lower Income Household

• 111.1.2.13 Maximum Residential Density

• 111.1.2.14 Non-Restricted Unit

• 111.1.2.15 Qualifying Resident

• 111.1.2.16 Senior Citizen Housing

• 111.1.2.17 Target Unit

• 111.1.2.18 Very Low Income Household (Ord. 2167, § 25, 4/7/1998)

111.1 RESIDENTIAL DENSITY BONUS

111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in

111.1.3 Implementation.

111.1.3.1 The County shall grant either: a Density Bonus, or a Density Bonus with an Additional Incentive(s), or Equivalent Financial Incentive; as set forth in subsection 111.1.5 of this section, to an applicant or developer of a Housing Development, who agrees to provide the following: (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.1.1 At least ten percent (10%) of the total units of the Housing Development as Target Units affordable to Lower Income Households; or (Former Section CZ#A314-12.1(C)(1); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.1.2 At least five percent (5%) of the total units of the Housing Development as Target Units affordable to Very Low Income Households; or (Former Section CZ#A314-12.1(C)(2); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.1.3 Senior citizen housing. (Former Section CZ#A314-12.1(C)(3); Added by Ord. 2167, Sec. 25, 4/7/ 98)

111.1.3.2 In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.25. When calculating the number of permitted Density Bonus Units, any fractions of units shall be rounded to the next larger integer. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.3 In determining the number of Target Units to be provided pursuant to this section, the Maximum Residential Density shall be multiplied by 0.05 where Very Low Income Households are targeted, or by 0.10 where Lower Income Households are targeted. The Density Bonus Units shall not be included when

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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. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.4 In cases where a density increase of less than twenty-five percent (25%) is requested, no reduction will be allowed in the number of Target Units required. In cases where a density increase of more than twenty-five percent (25%) is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.5 In cases where the developer agrees to construct more than ten percent (10%) of the total units for Lower Income Households, or more than five percent (5%) of the total units for Very Low Income Households, the developer is entitled to only one Density Bonus and an Additional Incentive(s) (or an Equivalent Financial Incentive) pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.6 Similarly, a developer who agrees to construct Senior Citizen Housing with ten percent (10%) or five percent (5%) of the units reserved for Lower- or Very Low-Income Households, respectively, is only entitled to one Density Bonus and an Additional Incentive(s). (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.3.7 The County may, however, grant multiple Additional Incentives to facilitate the inclusion of more Target Units than are required by this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.4 Development Standards.

111.1.4.1 Target Units should be constructed concurrently with Non-Restricted Units unless both the County and the developer/applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.4.2 Target Units shall remain restricted and affordable to the designated group for a period of thirty (30) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program; or rental subsidy program), (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.4.3 Circumstances may arise in which the public interest would be served by allowing some or all of the Target Units associated with one Housing Development to be produced and operated at an alternative development site. Where the developer and County form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this section. Under these circumstances, the developer shall be subject to the same requirements of this section for the Target Units to be provided on the alternative site. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.4.4 Target Units should be built on-site wherever possible and, when practical, be dispersed within the Housing Development. Where feasible, the number of bedrooms of the Target Units should be equivalent to

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the bedroom mix of the non-Target units of the Housing Development; except that the Developer may include a higher proportion of Target Units with more bedrooms. The design and appearance of the Target Units shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those which may be modified as provided by this section. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.4.5 A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be consistent with subsection 313-111.1.7 of this section. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5 Development Incentives.

111.1.5.1 The County shall provide a Density Bonus and an Additional Incentive(s), for qualified Housing Developments, upon the written request of a developer, unless the County makes a written finding that the Additional Incentive(s) is not necessary to make the Housing Development economically feasible to accommodate a Density Bonus, or unless all the required findings for approving subdivisions cannot be made. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)

qualified Housing Developments, upon the written request of a developer, unless the County makes a written finding that the Additional Incentive(s) is not necessary to make the Housing Development economically feasible to accommodate a Density Bonus, or unless all the required findings for approving subdivisions cannot be made. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.2 The development incentives granted shall contribute significantly to the economic feasibility of providing the Target Units. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or modifications are necessary to make the Housing Development economically feasible in accordance with Government Code Section 65915(e). This requirement may be satisfied by reference to applicable sections of the County’s general plan housing element. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)

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

111.1.5.3.1 One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development.

111.1.5.3.2 Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development.

111.1.5.3.3 Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.

111.1.5.4 The Additional Incentives may include, but are not limited to, any of the following: (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)

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111.1.5.4.1 A reduction of site development standards or a modification of zoning code 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: (Former Section CZ#A314-12.1(E)(1); Added by Ord. 2167, Sec. 25, 4/7/ 98)

111.1.5.4.1.1 Reduced minimum lot sizes and dimensions. (Former Section CZ#A314-12.1(E)(1)(a); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.2 Reduced minimum yard setbacks. (Former

Section CZ#A314-12.1(E)(1)(b); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.3 Increased maximum lot coverage. (Former

Section CZ#A314-12.1(E)(1)(c); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.4 Increased maximum building height. (Former

Section CZ#A314-12.1(E)(1)(d); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.5 Reduced on-site parking standard; including the number or size of spaces. (Former Section CZ#A314-12.1(E)(1)(e); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.6 Reduced minimum building separation requirements. (Former Section CZ#A314-12.1(E)(1) (f); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.4.1.7 Reduced street standards (e.g. reduced minimum street widths). (Former Section CZ#A314-12.1(E)(1)(g); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.3.2 Allow the Housing Development to include nonresidential uses and/or allow the Housing Development within a nonresidential zone. (Former Section CZ#A314-12.1(E)(2); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.3.3 Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance. (Former Section CZ#A314-12.1(E)(3); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.3.4 A Density Bonus of more than twenty-five percent (25%). (Former Section CZ#A314-12.1(E)(4); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.3.5 Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (Former Section CZ#A314-12.1(E)(5); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.5.3.6 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. (Former Section CZ#A314-12.1(E)(6); Added by Ord. 2167, Sec. 25, 4/7/98)

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111.1.5.3 The County may offer an Equivalent Financial Incentive instead of granting a Density Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from a Density Bonus and must contribute significantly to the economic feasibility of providing the Target Units pursuant to this section. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.6 Procedures for Approval

111.1.6.1 When required by Government Code Section 65915, the County shall grant a density bonus that allows the applicant to build up to 35% more units than a property’s general plan density would ordinarily allow, if the County finds;

111.1.6.1.1 The project is for any one (1) of the types of residential projects described in Government Code Section 654915(b);

111.1.6.1.2 The project complies with all standards set forth in Government Code Section 65915;

111.1.6.1.3 The project is a housing development consisting of five (5) or more units.

111.1.6.3 In accordance with Government Code Section 65915(g), the density bonus shall be calculated based on the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the LCP. The :otherwise maximum allowable residential density” shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the coastal zoning ordinance and land use plan certified by the Coastal Commission.

111.1.6.3 Any housing development approved pursuant to Government Code Section 65915 shall be consistent with all applicable certified local coastal program policies and development standards. In reviewing a proposed density increase, the County shall identify all feasible means of accommodating the density increase and consider the effects of such means on coastal resources. The County shall only grant a density increase if the County determines that the means of accommodating the density increase proposed by the applicant does not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, the County shall not grant the density increase.

111.1.6.4 In addition to a density bonus, the County shall grant in a housing development that complies with the provisions of Section A, above, one (1) of the incentives or concessions identified in Government Code Section 65915(h), unless the County finds that an incentive or concession is not required in order to provide for affordable housing costs or rents. In reviewing a proposed incentive or concession, the County shall consider all feasible alternative incentives and concessions and their effects on coastal resources. The County shall only grant an incentive or concession if the County determines that the development incentive or concession requested by an applicant pursuant to this section will not have any adverse effects on coastal resources. The County may grant one (1) or more of those incentives or concessions that do not have an adverse effect on coastal resources. If all feasible incentives or concessions would have an adverse effect on coastal resources, the County shall not grant any incentive or concession. For the purpose of this section, “coastal resources” means any resource which is afforded protection under the policies of Chapter 3 of the

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Coastal Act, California Public Resources Code section 30200 et. seq., including, but not limited to public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.

111.1.7 Application Requirements and Review.

111.1.7.1 An application for a density bonus and additional incentive as allowed pursuant to this section shall be processed concurrently with any other application(s) required for the Housing Development. Final approval or disapproval of the application (with right of appeal to the Board of Supervisors) shall he made by the Planning Commission 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. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.7.2 An applicant/developer proposing a Housing Development pursuant to this section, 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 pre-application conference with the Director or designated staff to discuss and identify potential application issues including prospective Additional Incentives pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.7.3 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 111.1.5 shall be recommended for consideration instead of the requested Incentives. If alternative or modified Incentives are recommended by the Director, the recommendation shall establish how the alternative or modified Incentives can be expected to have an equivalent affordability effect as the requested Incentives. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8 Density Bonus Housing Agreement.

111.1.8.1 Applicant/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 Planning Commission for final approval. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.2 Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or 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. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3 The Density Bonus Housing Agreement shall include at least the following:

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111.1.8.3.1 The total number of units approved for the Housing Development, including the number of Target Units. (Former Section CZ#A314-12.1(G)(1); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.2 A description of the household income group to be accommodated by the Housing Development, as outlined in subsection 111.1.3 of this section, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (Former Section CZ#A314-12.1(G)(2); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.3 The location, unit sizes (square feet) and number of bedrooms of Target Units. (Former Section CZ#A314-12.1(G)(3); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.4 Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with subsection 111.1.4 of this section. (Former Section CZ#A314-12.1(G)(4); Added by Ord. 2167, Sec. 25, 4/7/ 98)

111.1.8.3.5 A schedule for completion and occupancy of Target Units. (Former Section CZ#A314-12.1(G)(5); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.6 A description of the Additional Incentive(s) or Equivalent Financial Incentives being provided by the County. (Former Section CZ#A314-12.1(G)(6); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.7 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). (Former Section CZ#A314-12.1(G)(7); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.8 Other provisions to ensure implementation and compliance with this section. (Former Section CZ#A314-12.1(G)(8); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.9 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: (Former Section CZ#A314-12.1(G)(9))

111.1.8.3.9.1 Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e. maintained as Senior citizen housing) as defined by this section. (Former Section CZ#A314-12.1(G)(9)(a); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.9.2 Target Units shall be initially owner-occupied by eligible Very Low or Lower Income Households; or by Qualified Residents in the case of Senior citizen housing. (Former Section CZ#A314-12.1(G)(9)(b); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.9.3 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 ordinance 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

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require to ensure continued compliance with this ordinance and the State Density Bonus Law. (Former Section CZ#A314-12.1(G)(9)(c); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.10 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: (Former Section CZ#A314-12.1(G)(9); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.10.1 The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (Former Section CZ#A314-12.1(G)(9)(d); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.10.2 Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section. (Former Section CZ#A314-12.1(G)(9)(e); Added by Ord. 2167, Sec. 25, 4/7/98)

111.1.8.3.10.3 Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. (Former Section CZ#A314-12.1(G)(9)(f); Added by Ord. 2167, Sec. 25, 4/7/98)

313-112

112.1 ROAD CONSTRUCTION

112.1.1 Purpose. The purpose of these regulations is to insure that any road construction activity within the County’s Coastal Zone will not degrade coastal water resources, including but not limited to streams, wetlands, estuaries, and lakes. (Former Section CZ#A314-9(A))

112.1.2 Applicability. These regulations shall apply to all public and private road construction projects, except, that road construction activity under timber harvest plans and driveways for single family dwellings on existing lots, shall not be subject to these regulations. (Former Section CZ#A314-9(B))

112.1.3 Erosion and Sedimentation Control Mitigation Measures Required. Road construction projects shall employ, at a minimum, the following measures necessary to prevent erosion and minimize surface runoff: (Former Section CZ#A314-9(C))

112.1.3.1 Limiting soil exposure time and the extent of the disturbed area; (Former Section CZ#A314-9(C)(1))

112.1.3.2 Minimizing uninterrupted slope length through surface roughening and the use of serrated slopes; (Former Section CZ#A314-9(C)(2))

112.1.3.3 If grading operations occur during the rainy season (November through April), employing temporary slope stabilization features such as mulches, nettings, chemical and natural binders, and/or riprap; (Former Section CZ#A314-9(C)(3))

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112.1.3.4 Immediate vegetative plantings of disturbed slopes at finished grades; (Former Section CZ#A314-9(C)(4))

112.1.3.5 Control of runoff through controlled water and drainage systems with dissipated discharges and receiving stream bank protection; (Former Section CZ#A314-9(C)(5))

112.1.3.6 Diversion of runoff away from graded areas and areas traveled during project development; (Former Section CZ#A314-9(C)(6))

112.1.3.7 Temporary and permanent sediment control through use of dikes, filter beams, and sediment basins. (Former Section CZ#A314-9(C)(7))

313-113

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 CZ#A314-34.1(A); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.2 Applicability. These regulations shall apply to all Special Occupancy Park Use Types. Nothing herein contained shall be deemed to relieve the owner or operator of a Special Occupancy park of the duty of complying with all applicable state and local laws and regulations. (Former Section CZ#A314-34.1(B); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less than one (1) acre in area. (Former Section CZ#A314-34.1(C)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.3 Density of Occupation. Occupation of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section CZ#A314-34.1(C)(3); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(4); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section CZ#A314-34.1(C)(5); Amended by Ord. 2167, Sec. 32, 4/7/98)

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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 not be less than 650 square feet in area for the accommodation of tents and small camping units only. (Former Section CZ#A314-34.1(C)(6); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density. (Former Section CZ#A314-34.1(C)(7); Amended by Ord. 2167, Sec. 32, 4/7/98)

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, or other recreational vehicle or tent, pursuant to regulations contained in Title 25 of the California Code of Regulations, or any successor provisions thereto. (Former Section CZ#A314-34.1(C)(7)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.7.2 No recreational vehicle or tent shall be located less than fifteen (15) feet from any abutting property. (Former Section CZ#A314-34.1(C)(7)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.7.3 No recreational vehicle or tent shall be located 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 CZ#A314-34.1(C)(7)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.7.4 Campground space density shall not exceed twelve (12) units per acre. (Former Section CZ#A314-34.1(C)(7)(d); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(8); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.9 Interior Roadways. Private streets within a special occupancy park shall have the following minimum clearance widths: (Former Section CZ#A314-34.1(C)(9)(a-e); Amended by Ord. 2167, Sec. 32, 4/7/98)

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One-way parking 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 Adequate roadway space for turn-arounds shall be provided. (Former Section CZ#A314-34.1(C)(10); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows: (Former Section CZ#A314-34.1(C)(11); Amended by Ord. 2167, Sec. 32, 4/7/98)

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113.1.3.11.1 One (1) parking space for each recreational vehicle. (Former Section CZ#A314-34.1(C)(11)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.11.2 One (1) parking space for each full-time employee. (Former Section CZ#A314-34.1(C)(11)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.11.3 For the purpose of registration, the following number of spaces for temporary parking in proximity to the park office shall be provided: (Former Section CZ#A314-34.1(C)(11)(c); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(12); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(13); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(14); Amended by Ord. 2167, Sec. 32, 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, or any successor provisions thereto, and shall include: (Former Section CZ#A314-34.1(C)(15); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.15.1 The availability of a portable 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 CZ#A314-34.1(C)(15)(a); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(15)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.3.15.3 A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25 of the California Code of Regulations, or any successor provision thereto; and

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approved by the County Health Department where on-site sanitation is proposed; (Former Section CZ#A314-34.1(C)(15)(c); Amended by Ord. 2167, Sec. 32, 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), or any successor provision thereto; (Former Section CZ#A314-34.1(C)(15)(d); Amended by Ord. 2167, Sec. 32, 4/ 7/98)

113.1.3.15.5 Laundry facilities in accordance with the requirements of the State Health and Safety Code and/or other applicable State laws or regulations. (Former Section CZ#A314-34.1(C)(15)(e); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(C)(16); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(D); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section CZ#A314-34.1(D)(1); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(D)(2); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(D)(3); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.4.4 Caretaker’s Residence. (Former Section CZ#A314-34.1(D)(4); Amended by Ord. 2167, Sec. 32, 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 CZ#A314-34.1(E); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.5.1 Persons occupying vehicles 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 CZ#A314-34.1(E)(1); Amended by Ord. 2167, Sec. 32, 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 (12)

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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 CZ#A314-34.1(E)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.6 Modification of Development Criteria.

113.1.6.1 Modification of the development standards 113.1.3 of this section may be granted by the Hearing Officer subject to making the required findings for Granting Special Permit Exceptions in Chapter 2, Procedures, and the finding that the development will be consistent with all applicable State and local health and safety standards, and that the development would have no adverse impact on coastal resources. (Former Section CZ#A314-34.1(F); Amended by Ord. 2167, Sec. 32, 4/7/98)

113.1.6.2 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 CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)

113.1.6.3 The Hearing Officer may also require the caretaker to: (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)

113.1.6.3.1 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 (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)

113.1.6.3.2 agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)

313-114 through 313-120 (Sections Reserved for Future Use)

SECTION B: REGULATIONS THAT APPLY IN ALL OR SEVERAL ZONES