Title II — ADMINISTRATION›Part 2 — CHAPTER 4›Chapter 2 — TABLE OF CONTENTS
Humboldt County Municipal Code § 16.4 Proceedings for Waiver of Procedures
Humboldt County Municipal Code · 2026-09 edition · updated 2026-10-04 · Humboldt County
Cite as: Humboldt County Municipal Code § 16.4 · Text as of 2026-10-04
16.4.1 Review.¶
The Department shall review all applications for De Minimus Waivers for completeness and
accuracy before the applications are accepted and officially filed as complete. (Ord. 2167, § 37, 4/7/1998)
16.4.2 Public Notice.¶
16.4.2.1 Within five (5) working days of the date the application was submitted, the…¶
public notice at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development. The public notice must state that an application for waiver of permit requirement for the proposed development has been submitted to the County using standardized forms provided by the Department. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.2.2 The notice shall contain a general description of the nature of the proposed development.¶
If the
applicant fails to post and maintain the completed notice form throughout the waiver process, the Director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failure. The County shall revoke the waiver authorization if it determines that the waiver was granted without proper notice having been given and that the waiver would not have been issued and/or become effective if the views of the person(s) not notified had been made known to the Director or the Board of Supervisors. (Ord. 2167, § 37, 4/7/1998)
16.4.3 Notice of Intent to Issue a De Minimus Waiver.¶
A Notice Of Intent To Issue A De Minimus Waiver shall
be provided to the Coastal Commission and to persons known to be interested in the proposed development in the following manner: After an application is accepted as complete and at least ten (10) working days prior to the decision on the application, the Director shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site, to all property owners and residents within three hundred (300) feet of the perimeters of the parcel on which the development is proposed, to all Planning Commission members, all members of the Board of Supervisors, referral agencies, and to the Coastal Commission. The Notice shall also be posted for public inspection at the Department. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.4 Contents of Notice of Intent to Issue a De Minimus Waiver.¶
The Notice Of Intent To Issue A De Minimus
Waiver shall contain the following information: (Added by Ord. 2167, Sec. 37, 4/7/98)
16.4.4.1 A description of the proposed project and location; (Ord. 2167, § 37, 4/7/1998)¶
16.4.4.2 A statement that the development is within the Coastal Zone; (Ord.¶
16.4.4.3 The date of filing of the application and the name of the applicant; (Ord.¶
16.4.4.4 The case number assigned to the application; (Ord. 2167, § 37, 4/7/1998)¶
16.4.4.5 The date of the hearing at which the waiver may become effective; (Ord.¶
16.4.4.6 The general procedure concerning submission of requests for a coastal…¶
other public comments either in writing or orally prior to the decision; (Ord. 2167, § 37, 4/7/1998)
16.4.4.7 A statement that a public comment period of ten (10) working days to allow for…¶
requests for a coastal development permit or other public comments by mail will be held prior to the decision. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.5 At the time a Notice Of Intent To Issue A De Minimus Waiver is provided to the…¶
also report to the referral agencies and each Planning Commission member and each member of the Board of Supervisors the project description, recommended action and findings for each project under review pursuant to this section. A copy of the report shall also be available for public inspection at the Department ten (10) working days prior to issuing the waiver. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000; Ord. 2367A, 7/25/2006)
16.4.6 Notice of decision on an application for a De Minimus Waiver shall be given as follows: (Added by Ord.¶
2167, Sec. 37, 4/7/98) 16.4.6.1 Notice shall be provided in accordance with Section 312-6.7, Notice of Decision. (Ord. 2167, § 37, 4/7/ 1998; Ord. 2214, 6/6/2000)
16.4.6.2 The notice shall include the following information:¶
16.4.6.2.1 The action taken;¶
16.4.6.2.2 The effective date and expiration date; and¶
16.4.6.2.3 Procedures for appeal if applicable.¶
16.4.7 For a proposed development that is de minimus as defined in Chapter 3, Section…¶
Language and Legal Terms of this Code, and Section 30624.7 of the Coastal Act, the Director may issue a waiver from coastal development permit requirements of this ordinance subject to all of the provisions of this section. (Ord. 2167, § 37, 4/7/1998)
16.4.8 The Director shall not issue a waiver unless the site has been posted, and until…¶
for the waiver has expired and no written requests for a coastal development permit have been submitted to the Department. If any referral agency, member of the Planning Commission or California Coastal Commission, or any member of the public requests that the waiver not be issued, the applicant shall be advised that a Coastal Development Permit is required if the applicant wishes to. proceed with the development. (Ord. 2167, § 37, 4/7/ 1998)
16.4.9 A decision on De Minimus Waivers shall not be deemed final and effective until…¶
been made by the Director. (Ord. 2167, § 37, 4/7/1998)
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