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CHAPTER 4: GENERAL REGULATIONS APPLYING IN ALL OR IN SEVERAL ZONES AND IN

SPECIAL AREAS

 

A314-1. GENERAL PROVISIONS.

(a) Applicability. These General Regulations shall apply to all zones and all use classifications unless otherwise stated.

REGULATIONS APPLYING IN ALL OR SEVERAL ZONES

A314-2. ACCESSORY STRUCTURES USE.

(a) Purpose. The purpose of these provisions is to specify the buildings and uses that are permitted as accessory to the permitted buildings and uses in the principal zones, and to establish the regulations that apply to the permitted accessory buildings and uses.

(b) Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. It shall be the responsibility of the Planning Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Planning Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Planning Director shall be subject to the Appeals Procedures in Chapter 5, and a record of all such determinations shall be maintained by the Planning Department.

(c) Accessory Use Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations.

(d) Permitted Accessory Uses and Structures in All Zones. The following accessory uses and structures shall be permitted in all zones, except as otherwise stated, and shall be subject to the standards set forth in sub-Section A314-2F.

(1) Off-street parking areas and parking structures for use by persons living, conducting business, or visiting the premises;

(2) Structures housing equipment and materials used exclusively on the premises;

(3) Structures for the conduct of recreational activities for use by persons living on the premises;

(4) Grading, fill or excavation or major vegetarian removal for the construction of any building or structure for which a necessary building permit has been issued.

(5) Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan.

(6) Excavation, grading or streambed skimming that is exempt from provisions of the Surface Minimg Mining and Reclamation regulations and normally accessory to a principal permitted use type in the adopted zoning district.

(7) Temporary accessory uses and structures as permitted by the Temporary Use regulations.

(e) Permitted Residential Accessory Uses and Structures. The following accessory uses and structures shall be permitted in residential zones: (1) Family Day Care;

(2) Community Care Facilities;

(3) Detached Accessory Buildings;

(4) Children's Playhouses;

(5) Radio and Television Receiving Antennas;

(6) Swimming Pools;

(7) Home Occupations;

(8) Animal keeping as permitted under the provisions of Sec.

A314-3.

(f) Special Permit Requirements for Accessory Detached Buildings in Residential Zones. A special permit must be secured to allow for

the following accessory buildings in RS, R2 and RM zones:

(1) The construction of any accessory building, on any lot where a principal permitted use is not present;

(2) Detached accessory buildings that exceed fifteen (15) feet in height or 1,000 square feet in size of gross floor area.

 

(g) Permitted Agricultural Uses and Structures. The following accessory uses and structures shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural zones:

(1) Windmills, not including windmills that produce energy for export off of the ranch or farm;

(2) Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a special permit;

(3) Silos;

(4) Tank Houses;

(5) Barns and outbuildings;

(6) Coops;

(7) Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 5: Procedures;

(8) Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels.

(9) Public Stables for 6 horses or less. Public Stables for 7 or more horses may be permitted with a special permit.

(10) Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are

necessary and customarily associated with, and are appropriate,

incidental, and subordinate to agriculture activity as determined

by the Planning Director. (Amended by Ord. 1842, Sec. 21,

8/16/88)

(h) Accessory Small Hydroelectric Generating Facilities. A small hydroelectric enervating facility satisfying all of the following criteria is an accessory use in all zones except NR, RM, R2, RS and RA where the required minimum parcel size is less than (5) acres:

(1) It will generate no more than ten (10) kilowatts (KW);

(2) All elements of the project, including diversion points, conduit, powerhouse, etc., will be located entirely on the proponent's property;

(3) It will not produce electricity for export from the parcel of land on which the development is located (for the purpose of this section, "parcel" shall include all contiguous parcels in the proponent's ownership); and

(4) It is not located in the County's Coastal Zone.

(j) Special Setback Requirements for Permitted, Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall, in addition to conforming with all required yard setbacks, be setback at least six (6) feet from any other buildings or structures located on the same building site.

 

A314-3. ANIMAL KEEPING.

(a) Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances.

(b) General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities.

(c) Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones.

(d) Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied.

(e) Minimum Lot Size and Animal Density Requirements. Animal keeping in RM, R2 and RS residential zones shall be limited according to the Animal Density Table below. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it.

 

 

ANIMAL DENSITY TABLE

(Part of Sec. A314-3E)

MAXIMUM ANIMAL

ANIMAL TYPE(a) MINIMUM LOT SIZES DENSITIES(b)

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Large domestic animals one (1) acre Two (2) animals plus one including horses, ponies, (1) animal for each addi-

and cattle tional 20,000 square feet

of lot area

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Medium sized domestic 10,000 square feet Two (2) animals plus one animals, including sheep (1) animal for each addi-

and goats tional 3,000 square feet

of lot area

---------------------------------------------------------------------------------

Small domestic animals 5,000 square feet Ten (10) animals plus one including rabbits and (1) animal for each addi-

poultry(c) tional 500 square feet

of lot area

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Household pets limited No minimum Four (4) dogs and/or

to dogs and cats(d) four (4) cats per

dwelling unit.

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(a) No animal other than those listed in this section may be kept without first securing a special permit.

(b) Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.

(c) No crowing rooster may be kept in any RM, R2 or RS zone.

(d) No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.

 

(f) Young Animal Substitution Schedule. The maximum animal densities permitted under sub-section E may be modified by substituting young animals according to the following schedule:

ANIMAL TYPE PERMITTED SUBSTITUTION

Large domestic For each one (1) adult animal three (3) young

animals including animals less than six (6) months old may be

cows and horses substituted

Medium-sized domestic For each one (1) adult animal three (3) young

animals including animals less than six (6) months old may be

sheep and goats substituted

Small domestic For each one (1) adult animal three (3) young

animals including animals less than three (3) months old may

rabbits and poultry be substituted

Household pets Not applicable;

No limit on dogs or cats less than four (4)

months old.

(g) Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones shall have the minimum setbacks specified in the Animal Enclosure Table. The Animal Enclosure Setback Table is incorporated into this section, and all references to this section shall include reference to it.

 

ANIMAL ENCLOSURE SETBACK TABLE

(Part of Sec. A314-3G)

 

ANIMAL ENCLOSURE(a) SETBACKS

 

Animal Large Medium Small

Enclosure Domestic Domestic Domestic

Location Animals Animals Animals

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Distance from 50 feet 50 feet 25 feet

Dwelling

Distance from 50 feet 50 feet 50 feet

Front Lot Line

Distance from 20 feet 20 feet 10 feet

Side Lot Line

Distance from 20 feet 20 feet 10 feet

Rear Lot Line

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(a) Animal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals. (h) Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Sec. A314-3E is prohibited in RS, R2 and RM zones.

 

A314-4. BED AND BREAKFAST ESTABLISHMENTS.

(a) Purpose. The purpose of these regulations is to establish standards to ensure compatibility of these commercial lodging establishments with the residential character of the surrounding neighborhoods.

(b) Applicability. These regulations shall apply wherever the Bed and Breakfast use type is permitted.

(c) Occupancy Standards. A maximum of four (4) guest bedrooms or eight (8) guests at one time shall be provided by a Bed and Breakfast Establishment. The owner/operator shall reside on the premises. The calculation of total permitted guest rooms shall include any rooms used for rooming or boarding.

(d) Provision of Meals for Guests. Meals shall not be provided to other than guests of the establishment.

(e) One sign is permitted advertising the Bed and Breakfast establishment. Such sign shall not exceed four (4) square feet in the aggregate, shall be non-moving, and shall have, if any, only illumination which is indirect and non-flashing and shielded to prevent illumination off site.

(f) Required Findings. A Bed and Breakfast Establishment may be approved only if the applicable Commercial Land Use findings in Chapter 5 are made.

 

 

 

A314-5. COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT.

(a) Purpose. The purpose of these regulations is to ensure that Coastal-Dependent Industrial Development shall be located within, contiguous with, or in close proximity to, existing developed industrial areas, or where such areas are not able to accommodate it, to locate such development in other areas with adequate public services and where it will not have significant adverse effects on coastal resources.

(b) Applicability. The provisions of these regulations shall apply where all Coastal-Dependent Industrial use types and Coastal-Related use types are permitted.

(c) Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the

following requirements, in addition to CEQA requirements:

(1) The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site;

(2) Alternative sites included in the evaluations shall include, at a minimum, those sites received from soliciting the following agencies:

(a) California Coastal Commission,

(b) Humboldt Bay Harbor Recreation and Conservation District,

(c) Army Corps of Engineers, and

(d) Humboldt County Planning Department.

(3) Alternative sites shall be rated in accordance with the following priority schedule: Priority 1 Sites: Sites with existing facilities suitable to accommodate the proposed use, or that could accommodate the proposed use with minor alteration or through expansion or expansion of the existing facilities; Priority 2 Sites: Sites which require construction of new facilities to accommodate the proposed use, but which do not require conversion of wetlands. Within this category, preferred sites are those requiring least alteration (e.g., dredging, grading, habitat modification); Priority 3 Sites: Sites where the proposed use could be accommodated only through the conversion of wetlands; Priority 4 Sites: Sites where the proposed use could be accommodated only through the dredging of a new deep water channel. (d) Public Acquisition of Priority Sites. Where appropriate, the Humboldt Bay Harbor Recreation and Conservation District shall be petitioned by the County to consider exercising its right of eminent domain to acquire and manage the site as identified pursuant to Sec. A314-5C.

(e) Required Findings. Coastal-Dependent Industrial Uses and Coastal Related Industrial Uses shall be approved only if the applicable Industrial Development Findings in Chapter 5 are made.

(f) Required Findings for Marine Petroleum Transfer Facilities. The applicable Industrial Development Findings shall be made prior to approval of new or expansions to existing marine petroleum transfer facilities and marine transfer facilities for other hazardous liquids.

(g) Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable:

(1) Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Regulations, and the other resource protection regulations of this Division;

(2) Maximum feasible and legally permissible multicompany use shall occur;

(3) The total volume of oil spilled shall be minimized; (4) Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills;

(5) Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required;

(6) New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay;

(7) Where expansion of existing marine petroleum transfer facilities or construction of new facilities may result in an increased risk of spill associated with the expanded facility, such risk will be mitigated through alteration of existing operations.

 

 

A314-6. COASTAL PUBLIC ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS.

(a) Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in affecting the public access dedication.

(b) Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the Northcoast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this Section, "new development" shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County's coastal zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 5 of these regulations.

(c) Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable coastal land use plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in Section A314-6D.

(d) Dedication Procedure.

(1) Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one of the following legal documents for the provisions of coastal access as specified in the condition of approval: (a) Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one (21) years and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal (of the offer) for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror's property.

(b) Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that an outright interest is appropriate, or there is an accepting agency available to accept the easement, a grant of an easement of in-fee shall be required.

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

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

(3) Coastal Commission Review. Copies of the documents to be recorded, title report, and permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 5 of these regulations.

(e) Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (1) The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County's coastal land use plan;

(2) Vertical Access Design Criteria:

(a) The location should be along boundaries of property but may be re-sited, as necessary;

(b) The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses;

(c) A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways;

(d) The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway.

(3) Lateral Access Design Criteria: (a) Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways;

(b) Where there is a fixed landward point from which to measure (e.g., bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or

(c) Where there are not any fixed landward points (e.g., blufflines) the accessway shall from the sea to the first line of terrestrial vegetation, excepting dune areas;

(d) A minimum of twenty-five (25) feet from the mean high tide line.

(e) Where there is no vertical gradient differential between major development and the accessway, a privacy buffer shall be established with a minimum of ten (10) feet with only limited uses allowed from ten (10) to twenty (20) feet and only passive recreational uses between twenty (20) and fifty (50) feet.

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

(5) Support Facilities: Where required by the land use plan, areas sufficient to provide minimum support facilities shall be offered for dedication.

(f) Exception to Access Design Criteria. The Hearing Officer may modify the above access design criteria for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become non-conforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable coastal land use plan and shall be subject to making the applicable findings for granting exceptions in Chapter 5.

(g) Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable Resource Protection Impact Findings are made.

(h) Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility for maintenance and liability of the accessway, and to provide the access improvements recommended in the land use plan.

 

A314-7. COASTAL ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENT

IN SHELTER COVE.

(a) Purpose. The purpose of these regulations is to specify the nature, location and appropriateness of coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in affecting the public access dedication special to the Shelter Cove Area.

(b) Applicability. The Public Access Dedication Requirements for New Development in Shelter Cove shall apply to the following areas:

(1) Lateral bluff top trail along lot Assessors Parcel numbers 111-121-25 through -31, inclusive, and Assessors Parcel numbers 111-171-29 through -34, inclusive.

(2) Storm Drain Easement opposite Steelhead Court. (Vertical)

For purposes of this Section, "new development" shall include development as defined in the California Public Resources Code Sec. 30212. These requirements shall not apply to development located in the County's coastal zone that does not require approval of a Coastal Development Permit.

(c) Dedication of Public Access Reviewed. New development on parcels containing the accessways identified for possible dedication in the Shelter Cove section of the Southcoast Area Land Use Plan shall be subject to the Access Dedication Review Procedures.

(d) Dedication Procedure.

(1) Prior to or upon application for a development permit the County shall consult with the following agencies and experts regarding potential provisions and management of public access at the site in question: (a) Representatives from the County (Planning and Public Works Departments),

(b) Bureau of Land Management,

(c) U.S. Fish and Wildlife,

(d) California Fish and Game,

(e) California Water Quality Control,

(f) California Coastal Commission staff,

(g) A registered archaeologist,

(h) A marine biologist,

(i) Humboldt County Sheriff's Department.

(2) In consulting with the above groups, the County shall solicit information, evidence, advice, and recommendations on the following matters: (a) The need to regulate the time, place, and manner of public access depending on the facts and circumstances in of each case including, but not limited to: i. Topographic and geologic site characteristics; ii. The capacity of the site to sustain use and at what level of intensity;

iii. The appropriateness of limiting public access to the right to pass or repass;

iv. Fragile coastal bluffs;

v. Fragile marine biota;

vi. Adequacy of adjacent access;

vii. Risk to public safety.

(b) The County shall utilize the information, evidence, advice, and recommendations received in response tot he solicitation to make a determination, in accordance with Public Resources Code Section 30214, as well as other Code sections that might apply, as to whether or not to require a dedication of access as a condition of issuing the coastal development permit. (3) Where a dedication of access is required, it shall: (a) Be specific as to whether or not public access is limited to the right to pass and repass; and

(b) Be in accordance with the Coastal Public Dedication Requirements for New Developments in Sections A314-6 D and E of these regulations.

 

 

A314-8. COASTAL PUBLIC ACCESS PROTECTION.

(a) Purpose. The purpose of these regulations is to insure that development permitted by the County and located within the County's Coastal Zone does not interfere with public access acquired through use. The County, through the administration of these requirements, is not determining whether implied dedication or prescriptive rights exist.

(b) Applicability. The Public Access Protection shall apply to lands located between the first public road and the sea.

(c) Protection of the Accessway. Where, pursuant to the applicable review process in Chapter 5 of these regulations, there is substantial evidence of historic public use of the accessway, and the proposed development would interfere with such public use, the following shall apply:

(1) The proposed development shall be sited and designed so as not to block or interfere with the use of such accessway; or

(2) An equivalent accessway shall be provided, including dedication of an easement as described in Section A314-6 of this Division, if the applicable Resource Protection Impact Findings are made. (Equivalent accessway means public access of equivalent type, intensity, and area of use to the same destination.)

(d) Protection of Accessway No Not Required. The requirements of sub-Section A314-8C shall not apply if the applicant has established that the State of California has disposed of any interest in the accessway or that there has been a final court determination that there has been no implied dedication or prescriptive use.

 

 

 

A314-9. COASTAL ROAD CONSTRUCTION.

(a) 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: streams, wetlands, estuaries, and lakes.

(b) 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.

(c) 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:

(1) Limiting soil exposure time and the extent of the disturbed area;

(2) Minimizing uninterrupted slope length through surface roughening and the use of serrated slopes;

(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, rip-rap;

(4) Immediate vegetative plantings of disturbed slopes at finished grades;

(5) Control of runoff through controlled water and drainage systems with dissipated discharges and receiving stream bank protection;

(6) Diversion of runoff away from graded areas and areas traveled during project development;

(7) Temporary and permanent sediment control through use of dikes, filter beams, and sediment basins.

 

 

 

A314-10. COASTAL WETLAND BUFFER AREAS.

(a) Purpose. The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact.

(b) Application of the Coastal Wetland Buffer Area Regulations. These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas, on a case-by-case basis, in accordance with the setback provisions of Section A314-10F.

(c) Modifications Imposed by the Coastal Wetland Buffer Area Regulations. These regulations shall be in addition to regulations imposed by the principal zone development regulations, special area regulations and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply.

(d) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) days of the request, measures to mitigate disturbance of habitats.

(e) Definitions. Wetland buffer areas shall be defined as:

(1)(a)The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5' USGS contour maps), whichever is the shortest distance; or

(2)(b)250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance.

(3)(c)Transitional Agricultural Lands zoned AE are excluded from the wetland buffer.

(f) Development Permitted Within Coastal Wetland Buffer Areas. The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas:

(1) Uses permitted in the NR Natural Resources Zone;

(2) Uses permitted in the Transitional Agricultural Land Regulations;

(3) Uses permitted in the Coastal Wetland Regulations; and

(4) Wells in rural areas.

(g) Development Permitted Within Coastal Wetland Buffer Areas with Supplemental Setback. Developments not listed as permitted uses within Section A314-10F may be permitted if they maintain the following setbacks from the boundary of the wetland: (1) Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the "string line method" as described in the definitions in Chapter 2.

(2) Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland.

(3) Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified above may be permitted only when:

(a) The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified above will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats.

(b) Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values.

(h) Required Findings. Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings are made.

(i) Required Mitigation. All development permitted within wetland buffer areas shall be required to include the following mitigation measures:

(1) Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five (25) percent of the total lot area;

(2) The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration;

(3) Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened;

(4) Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area;

(5) Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April).

A314-11. COMPATIBLE USES PERMITTED WITH A SPECIAL PERMIT.

(a) Purpose. The purpose of these regulations is to allow specified compatible uses, with a special permit, in certain zones.

(b) Compatible Uses Permitted in a (TC) Commercial Timberland and (TPZ) Timber Production Zone. The following compatible uses shall be permitted upon securement of a special permit in TC and TPZ zones:

(1) Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

(2) Commercial Timber Use Type

Timber Related Recreation

(3) Residential Use Type

Labor Camp

 

A314-12. COTTAGE INDUSTRY.

(a) Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in Humboldt County.

(b) Applicability. The provisions of these regulations shall apply where the cottage industry use type is permitted.

(c) Performance Standards for Cottage Industries Allowed As Appurtenant And Accessory Use. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(1) Cottage Industries allowed as a principally permitted appurtenant and accessory use to the residential use shall comply with all the following performance standards in addition to the applicable Industrial Performance Standards of Sec. A314-18. (Amended by Ord. 2157, Sec. 24, 4/7/98) (a) The cottage industry shall conform with the development standards in the applicable zoning district; and (Amended by Ord. 2157, Sec. 24, 4/7/98) (b) The dwelling on the site shall be occupied by the

owner of the cottage industry. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(c) The Cottage Industry shall occupy no more than twenty

five percent (25%) or 1,000 square feet (whichever is

less) of the floor area of the dwelling or accessory

structure; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(d) The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling

or premises, or in the creation of noise, odors, smoke

or other nuisances to a degree greater than that

normal for the neighborhood; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(e) There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which

are not customarily found in dwellings or residential accessory structures; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(f) No persons other than residents of the dwelling shall

be employed to conduct the Cottage Industry; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(g) There shall be no articles sold on the premises; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(h) All noise generating operations shall be buffered so

that they do not exceed the exterior ambient noise

level anywhere on the site by more than 5 db(a), or an equivalent standard which achieves comparable results; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(i) All lights shall be directed on site and shielded to reduce glare to adjacent areas; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(j) The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in

which it is located; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(k) No perceptible vibrations shall be permitted off the building site; and (Amended by Ord. 2157, Sec. 24, 4/7/98)

(l) No visual or audible interference of radio or

television reception by operations shall be permitted. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(m) A business license shall be approved for the Cottage Industry. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(d) Performance Standards for Cottage Industries Allowed As Accessory Uses With A Coastal Development Permit. (Amended by Ord. 2157, Sec. 24, 4/7/98)

Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of 'A314-18, may be permitted as accessory uses to any residential use with a coastal development permit. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(a) The cottage industry shall conform with the development standards in the applicable zoning district; and (Amended by Ord. 2157, Sec. 24, 4/7/98) (b) There shall be no articles sold on the premises. (Amended by Ord. 2157, Sec. 24, 4/7/98) (c) One sign, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which is illumination, if any, which is indirect and non-flashing. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(d) The total land area occupied by the cottage industry shall not exceed: two (2) acres, including portions of the lot occupied by buildings, storage area, and work places devoted to the cottage industry. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(e) A business license shall be approved for the Cottage

Industry. (Amended by Ord. 2157, Sec. 24, 4/7/98)

 

(e) Operational Standards. At a minimum, the Hearing Officer shall set the following operational standards as conditions of the coastal development permit for a cottage industry. The Hearing Officer may also condition the coastal development permit as permitted by Chapter 5 of these regulations. (Amended by Ord. 2157, Sec. 24, 4/7/98)

(1) number of employees; and (2) hours of operation.

 

 

DENSITY BONUS ORDINANCE

 

Section A314-12.1 Residential Density Bonus Ordinance

A. 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. (Added by Ord. 2157, Sec. 25, 4/7/98)

B. Definitions. Whenever the following terms are used in this Section, they shall have the meaning established by this Subsection: (Added by Ord. 2157, Sec. 25, 4/7/98)

(1) "Additional Incentives" means such regulatory concessions as specified in California Government Code Subsections 65915 (d) and (b). These include, but are not limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the Housing Development, or any other regulatory incentive resulting in identifiable cost avoidance or reductions offered in addition to a Density Bonus. See Subsection 5 of this Section for further discussion. (Added by Ord. 2157, Sec. 25, 4/7/98)

(2) "Affordable Rent" means monthly housing expenses, including a reasonable allowance for utilities, for rental Target Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: (Added by Ord. 2157, Sec. 25, 4/7/98)

(a) Very Low Income: Fifty percent of the area median income for Humboldt County, adjusted for household size, multiplied by 30 percent and divided by 12. (Added by Ord. 2157, Sec. 25, 4/7/98)

(b) Lower Income: Sixty percent of the area median income for Humboldt County, adjusted for household size, multiplied by 30 percent and divided by 12. (Added by Ord. 2157, Sec. 25, 4/7/98)

(3) "Affordable Sales Price" means a sales price at which Lower or Very Low Income Households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development. (Added by Ord. 2157, Sec. 25, 4/7/98)

(4) "Density Bonus" means a minimum density increase of at least 25 percent over the otherwise Maximum Residential Density. (Added by Ord. 2157, Sec. 25, 4/7/98)

(5) "Density Bonus Housing Agreement" means a legally binding agreement between a developer and the County to ensure that the requirements of this Section are satisfied. The agreement, among other things, shall establish: the number of Target Units, their size, location, terms and conditions of affordability, and production schedule. See Subsection 7 of this Section for further discussion. (Added by Ord. 2157, Sec. 25, 4/7/98)

(6) "Density Bonus Unit" means those residential units granted pursuant to the provisions of this Section that exceed the otherwise Maximum Residential Density for the development site. (Added by Ord. 2157, Sec. 25, 4/7/98)

(7) "Equivalent Financial Incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following: (Added by Ord. 2157, Sec. 25, 4/7/98)

(a) A Density Bonus and an Additional Incentive(s); or (Added by Ord. 2157, Sec. 25, 4/7/98)

(b) A Density Bonus, where an Additional Incentive(s) is not

requested or is determined to be unnecessary. See

Subsection 4 of this Section for further discussion.

(Added by Ord. 2157, Sec. 25, 4/7/98)

(8) "Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. (Added by Ord. 2157, Sec. 25, 4/7/98)

(9) "Housing Development" means construction projects consisting of five or more residential units, including single family, multifamily, and mobilehomes for sale or rent, pursuant to this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

(10) "Lower Income Household" means households whose income does not exceed the lower income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. (Added by Ord. 2157, Sec. 25, 4/7/98)

(11) "Maximum Residential Density" means the maximum number of residential units permitted by the General Plan and Zoning Ordinance at the time of application, excluding the provisions of this Section. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone. (Added by Ord. 2157, Sec. 25, 4/7/98)

(12) "Non-Restricted Unit" means all units within a Housing Development excluding the Target Units. (Added by Ord. 2157, Sec. 25, 4/7/98)

(13) "Qualifying Resident" means senior citizens or other persons eligible to reside in Senior Citizen Housing. (Added by Ord. 2157, Sec. 25, 4/7/98)

(14) "Senior Citizen Housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal Fair Housing Amendments Act of 1988 (PL 100-430) and implementing regulations and as that phrase is used in California Civil Code Section 51.2 and 51.3. (Added by Ord. 2157, Sec. 25, 4/7/98)

(15) "Target Unit" means a dwelling unit within a Housing Development that will be reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents. In determining the maximum Affordable Rent or Affordable Sales Price of Target Units the following household and unit size assumptions shall be used, unless the Housing Development is subject to different assumptions imposed by other governmental regulations: (Added by Ord. 2157, Sec. 25, 4/7/98)

SRO (residential hotel) unit 75% of 1 person

0 bedroom (studio) 1 person

1 bedroom 2 person

2 bedroom 3 person

3 bedroom 4 person

4 bedroom 6 person

(16) "Very Low Income Household" means households whose income does not exceed the very low income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. (Added by Ord. 2157, Sec. 25, 4/7/98)

C. Implementation. 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 5 of this Section, to an applicant or developer of a Housing Development, who agrees to provide the following: (Added by Ord. 2157, Sec. 25, 4/7/98)

(1) At least 20 percent of the total units of the Housing Development as Target Units affordable to Lower Income Households; or (Added by Ord. 2157, Sec. 25, 4/7/98)

(2) At least 10 percent of the total units of the Housing Development as Target Units affordable to Very Low Income Households; or (Added by Ord. 2157, Sec. 25, 4/7/98)

(3) Senior citizen housing. (Added by Ord. 2157, Sec. 25, 4/7/98)

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

In determining the number of Target Units to be provided pursuant to this Section, the Maximum Residential Density shall be multiplied by 0.10 where Very Low Income Households are targeted, or by 0.20 where Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Target Units in the Housing Development. When calculating the required number of Target Units, any resulting decimal fraction shall be rounded to the next larger integer. (Added by Ord. 2157, Sec. 25, 4/7/98)

In cases where a density increase of less than 25 percent is requested, no reduction will be allowed in the number of Target Units required. In cases where a density increase of more than 25 percent is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in Subsection 5 of this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

In cases where the developer agrees to construct more than 20 percent of the total units for Lower Income Households, or more than 10 percent 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 5 of this Section. Similarly, a developer who agrees to construct Senior Citizen Housing with 20 or 10 percent of the units reserved for Lower- or Very Low-Income Households, respectively, is only entitled to one Density Bonus and an Additional Incentive(s). The County may, however, grant multiple Additional Incentives to facilitate the inclusion of more Target Units than are required by this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

D. Development Standards.

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

Target Units shall remain restricted and affordable to the designated group for a period of 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), under the following circumstances: (Added by Ord. 2157, Sec. 25, 4/7/98)

(1) Both a Density Bonus and an Additional Incentive(s) is granted; or (Added by Ord. 2157, Sec. 25, 4/7/98)

(2) An Equivalent Financial Incentive equivalent to a Density Bonus and an Additional Incentive(s) is granted. (Added by Ord. 2157, Sec. 25, 4/7/98)

Target Units shall remain restricted and affordable to the designated group for a period of 10 years under the following circumstances: (Added by Ord. 2157, Sec. 25, 4/7/98) (3) Only a Density Bonus is granted and no Additional Incentives are granted; or (Added by Ord. 2157, Sec. 25, 4/7/98)

(4) An Equivalent Financial Incentive equivalent to only a Density Bonus is granted. (Added by Ord. 2157, Sec. 25, 4/7/98)

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

Target Units should be built onsite 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 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. (Added by Ord. 2157, Sec. 25, 4/7/98)

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 G of this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

E. Development Incentives.

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

The need for incentives will vary for different Housing Developments. Therefore, the allocation of Additional Incentives shall be determined on a case-by-case basis. The Additional Incentives may include, but are not limited to, any of the following: (Added by Ord. 2157, Sec. 25, 4/7/98)

(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: (Added by Ord. 2157, Sec. 25, 4/7/98)

(a) Reduced minimum lot sizes and dimensions.

(b) Reduced minimum yard setbacks.

(c) Increased maximum lot coverage.

(d) Increased maximum building height.

(e) Reduced on site parking standard; including the number or size

of spaces.

(f) Reduced minimum building separation requirements.

(g) Reduced street standards (e.g. reduced minimum street widths).

(2) Allow the Housing Development to include non-residential uses and/or allow the Housing Development within a non-residential zone. (Added by Ord. 2157, Sec. 25, 4/7/98)

(3) Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance. (Added by Ord. 2157, Sec. 25, 4/7/98)

(4) A Density Bonus of more than 25 percent. (Added by Ord. 2157, Sec. 25, 4/7/98) (5) Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (Added by Ord. 2157, Sec. 25, 4/7/98)

(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. (Added by Ord. 2157, Sec. 25, 4/7/98)

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

F. Application Requirements and Review.

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

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 Planning Director or designated staff to discuss and identify potential application issues including prospective Additional Incentives pursuant to Subsection 5 of this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

The Planning 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 5 shall be recommended for consideration instead of the requested Incentives. If alternative or modified Incentives are recommended by the Planning Director, the recommendation shall establish how the alternative or modified Incentives can be expected to have an equivalent affordability effect as the requested Incentives. (Added by Ord. 2157, Sec. 25, 4/7/98)

G. Density Bonus Housing Agreement.

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 Planning Director or designated staff, who shall formulate a recommendation to the Planning Commission for final approval. (Added by Ord. 2157, Sec. 25, 4/7/98)

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. (Added by Ord. 2157, Sec. 25, 4/7/98)

The Density Bonus Housing Agreement shall include at least the following: (Added by Ord. 2157, Sec. 25, 4/7/98)

(1) The total number of units approved for the Housing Development, including the number of Target Units. (Added by Ord. 2157, Sec. 25, 4/7/98)

(2) A description of the household income group to be accommodated by the Housing Development, as outlined in Subsection 3 of this Section, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (Added by Ord. 2157, Sec. 25, 4/7/98)

(3) The location, unit sizes (square feet) and number of bedrooms of Target Units. (Added by Ord. 2157, Sec. 25, 4/7/98)

(4) Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with Subsection 4 of this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

(5) A schedule for completion and occupancy of Target Units. (Added by Ord. 2157, Sec. 25, 4/7/98) (6) A description of the Additional Incentive(s) or Equivalent Financial Incentives being provided by the County. (Added by Ord. 2157, Sec. 25, 4/7/98)

(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). (Added by Ord. 2157, Sec. 25, 4/7/98)

(8) Other provisions to ensure implementation and compliance with this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

(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: (Added by Ord. 2157, Sec. 25, 4/7/98)

(a) 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. (Added by Ord. 2157, Sec. 25, 4/7/98)

(b) Target Units shall be initially owner-occupied by eligible Very Low or Lower Income Household; or by Qualified Residents in the case of Senior citizen housing. (Added by Ord. 2157, Sec. 25, 4/7/98)

(c) 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 require to ensure continued compliance with this ordinance and the State Density Bonus Law. (Added by Ord. 2157, Sec. 25, 4/7/98)

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: (Added by Ord. 2157, Sec. 25, 4/7/98)
(d) The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (Added by Ord. 2157, Sec. 25, 4/7/98)

(e) Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Section. (Added by Ord. 2157, Sec. 25, 4/7/98)

(f) 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. (Added by Ord. 2157, Sec. 25, 4/7/98)

 
A314-13. DREDGE SPOILS DISPOSAL.

(a) Purpose. The purpose of these regulations is to ensure that spoils disposal is planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation, and that spoils discharge or disposal takes place in the least environmentally damaging manner and location, and that feasible mitigation measures be provided to minimize adverse environmental effects.

(b) Applicability. These regulations shall apply throughout the coastal zone, wherever dredge spoils are proposed to be discharged or deposited.

(c) Location of Dredge Spoils Disposal Sites. Dredge spoils disposal is preferred at those sites designated on the resource protection maps of the Coastal Land Use Plan.

(d) Protection of Designated Sites. Dredge spoils disposal sites identified on the Humboldt Bay Area Plan Resource Protection Maps shall be protected for spoils disposal.

(e) Findings Required. Dredge spoils disposal shall be approved only if the applicable Industrial Development Findings in Chapter 5 are made.

 

 

A314-14. MAJOR ELECTRICAL TRANSMISSION LINES.

(a) Purpose. The purpose of these regulations is to ensure that major electrical transmission and distribution facilities are located, designed and constructed in a manner which is least environmentally damaging to natural resources and minimizes degradation of coastal scenic resources.

(b) Applicability. These regulations shall apply throughout the coastal zone, wherever the Major Electrical Transmission Lines use type is permitted. Placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations.

(c) Required Mitigation. The following mitigation measures shall be included in the siting and installation of major electrical transmission lines:

(1) Scarring, grading or other vegetative removal shall be minimized; disturbed areas shall be revegetated with plants similar to those in the area;

(2) Where above-ground transmission line placement will unavoidably affect views, transmission lines will be underground where it is technically and economically feasible, except where it has been shown that other alternatives are less environmentally damaging;

(3) Where above-ground facilities are necessary, design of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow;

(4) Transmission lines shall be routed to avoid the crests of roadways to minimize their visibility on distance views. Where visual impacts will be minimized, lines shall cross roadways at downhill low elevation sites or curves in the road, wherever feasible;

(5) New major steel tower electrical transmission facilities shall be sited in the same utility corridor with existing electrical steel tower transmission facilities, except where there are social, aesthetic or significant economic concerns which make such routing inappropriate;

(6) Existing right-of-way shall be utilized for other related utilities, in order to provide consolidated corridors, wherever such consolidation is compatible and feasible;

(7) Access and construction roads shall be located to minimize landform alternations. Road grades and alignments shall follow the contour of the land with smooth, gradual curves, wherever possible.

(d) Findings Required. Major electrical transmission lines shall be approved only if the applicable Civic Development Impact Findings are

made.

 

A314-15. EXCEPTIONS TO THE DEVELOPMENT STANDARDS.

(a) Exceptions to Development Standards. The following exceptions to the development standards in this Division are allowed subject to the specified limitations:

(1) Exceptions to Height Standards: Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a special permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required.

(2) Exceptions to Lot Size, Lot Width and Lot Depth Standards in Residential Zones: 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:

EXCEPTIONS TABLE
Development Permitted Limitations

Standard Modification

Minimum Lot Minimum Lot Size Such modifications

Size may be modified must be approved

down to a maximum in conjunction with

of fifty (50) a subdivision or

percent, or lot line adjustment.

5,000 square No lot created by

feet, whichever the proposed sub-

is greater. division or lot line

adjustment shall ex-

ceed 1.8 times the

applicable minimum

lot size. Also, the

total number of lots

created by the sub-

division shall not

be more than that al-

lowed by the appli-

cable zone.

Minimum Lot Minimum Lot Width Minimum Lot Width shall

Width may be modified not be modified below

to a maximum of fifty (50) feet.

fifty (50) percent.

Maximum Lot Maximum Lot Depth Maximum Lot Depth shall

Depth may be modified up not be modified to ex-

to a maximum of ceed eight (8) times the

twice that per- lot width.

mitted.

------------------------------------------------------------------------------

 

3) Exceptions to Yard Standards

(a) Architectural Features: Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet (2 1/2') into the minimum required yard.

(b) Uncovered Porches, Decks or Stairways: Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six feet (6') into front or rear yards and three feet (3') into side yards.

(c) 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.

(d) Substandard Lots: Minimum yard standards for substandard lots less than 2 1/2 acres in size in RA, AE, TPZ and TC zones shall be reduced to:

Front: Twenty (20) feet;

Rear: Ten (10) feet;

Interior Side: Five (5) feet.

Exterior Side: Twenty (20) feet.

 

 

A314-16. GEOLOGIC HAZARDS REGULATIONS.

(a) Purpose. The purpose of these regulations is to ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized and further, to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability or destruction of development sites or surrounding areas or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.

(b) Applicability. The Geologic Hazards Regulations shall apply throughout Humboldt County.

(c) Modifications Imposed by Geologic Hazards Regulations. The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (Chapter 70 of the Uniform Building Code - current edition), the most restrictive regulations shall apply.

(d) Natural Hazards/Land Use Rating Matrix. New development shall be reviewed, approved and sited in accordance with the "Geologic Hazards Land Use Matrix", Figure 1 of this section.

(e) Reports Required. Engineering geologic and/or soil engineering reports shall be required according to the following schedule:

(1) R1 Report Requirements.

(a) A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an "R1" in the Geologic Hazards Land Use Matrix.

(b) The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist.

(2) R2 Report Requirements. (a) A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an "R2" in the Geologic Hazards Land Use Matrix.

(b) The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering.

(c) It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed.

(3) Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a "D" in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project;

(a) Criteria for either type of report shall include:

i. a site inspection of the building inspector;

ii. geologic maps and reports covering the area;

iii. the potential for the development to affect adjacent property or improvements;

iv. the degree to which public exposure to risk may be a factor;

v. the size and scale of the proposed development; or vi. the for development within the Coastal Zone, the policies of certified local coastal plans. (b) A soil engineering report is indicated when one or more of the following conditions exist or are proposed: i. the depth (or height) of cut or fill is three (3) feet or greater; ii. the fill is to support structural footings;

iii. an engineered cut or fill is required;

iv. the soils are or may be subject to significant shrink-swell; or

v. areas where material exists that may be subject to settlement of subsidence.

(c) An engineering geologic report is indicated when one or more of the following conditions exist or are proposed:

i. finish cut or fill slope faces with vertical

heights in excess of 10 feet;

ii. existing slope steeper than five (5) horizontal to

one (1) vertical;

iii. an existing cut slope having a vertical height in

excess of ten (10) feet;

iv. existing sea cliffs, stream bank cliffs, etc. in

excess of ten (10) feet;

v. existing or suspected earthquake or seismic

hazards;

vi. areas that are existing or suspected groundwater hazards;

vii. areas that are underlain by landslides or soil

creep or by rock material susceptible to landslide

or creep activity;

viii. areas where materials exists that may be subject to settlement or subsidence; or

ix. areas subject to drifting or loose sand.

(4) Report Waiver: The report requirements of subsections E, 1 and 2 may be waived or the contents modified by the Planning Director when: (a) An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or

(b) Reports are not indicated under the criteria listed in subsection E 3; and

(c) The proposed development is not within a Critical Water Supply Area as designated in the General Plan.

(d) Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs.

(5) The above required soil report may serve to meet the soil report

requirement under County Code Sec. 326-24 where, in the opinion

of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been

identified by the Department's field inspection.

(6) When a report is required pursuant to the Alquist-Priolo Fault

Hazard Regulations of this ordinance, it should be combined

with the reports required under this part where feasible.

(f) Contents of Reports. (1) Engineering Geologic Report: The above required engineering

geologic reports, "R1" and "R2", shall provide a preliminary

geological reconnaissance and evaluation of the project site

and surrounding terrain. The degree of analysis should be

appropriate to the degree of potential risk presented by the

site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, "Recommended Guidelines for Preparing Engineering Geologic Reports." CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.

In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable.

(2) Preliminary Soil Engineering Report: The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code Appendix Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable.

(3) Supplementary Information for Reports for Development located in the Coastal Zone: Specifically, within the coastal zone, the reports should give particular treatment and analyze the following, as applicable:

(a) Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available and possible changes in shore configuration and sand transport;

(b) Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system; alterations in surface drainage);

(c) Potential errodability of site and mitigating mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design);

(d) Effects of marine erosion of seacliffs;

(e) Detailed mitigation measures or alternative solutions for avoiding potential impacts;

(f) Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the lifespan of the project; and

(g) Currently acceptable engineering stability analysis method should be used, the method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described.

(g) Development Standards. (1) The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties.

(2) Projects shall be constructed in accordance with Uniform Building Code Section 2312, Earthquake Regulations, as applicable. As referred to in UBC Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault.

(3) Within the coastal zone, the following shall also apply:

(a) Developments shall be sited and designed to assure stability and structural integrity for their expected economic lifespans while minimizing alteration of natural landforms;

(b) Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas;

(c) Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes.

A314-17. HOME OCCUPATION.

(a) Purpose and Applicability. The purpose of these regulations is to permit limited nonresidential accessory activities to be performed within dwellings as home occupations clearly incidental and secondary to residential uses, provided that surrounding properties are protected from objectionable external effects resulting from such activities. These regulations shall apply in all zones and to all permitted commercial uses of a nonresidential nature which are subordinate to the residential use. An application for a Home Occupation Permit shall be accompanied by an application fee in the amount established by resolution of the Board of Supervisors.

(b) Home Occupation Permitted. Home Occupations, as defined in Chapter 2, shall be permitted, as appurtenant and accessory to any residential use, in any zone subject to all applicable requirements of this section.

(c) Home Occupation Requirements. All home occupations shall continuously meet all of the following standards except that with a coastal development permit, the hearing officer may modify or waive requirements (1), (3), (4) and (5) as provided below: (Amended by Ord. 2157, Sec. 26, 4/7/98)

(1) Location: The home occupation may only be performed within a habitable room of a dwelling unit. It may not be performed in an open area;

(2) Floor Area: The home occupation use shall not occupy more than twenty-five (25) percent of the floor area of the dwelling unit in which it is located;

(3) Separate Access: No portion of any dwelling shall be used for a home occupation which has a separate designated access or private entrance specifically intended for the home occupation use;

(4) Physical Alterations: No owner of any dwelling used for a home occupation shall make any internal alterations or extensions to such dwelling, or make structural, electrical, or plumbing alterations in any portion thereof not customarily found in similar dwellings. Waiver of this requirement may only be allowed if interior and exterior physical alterations retain the residential character of the structure; (Amended by Ord. 2157, Sec. 26, 4/7/98)

(5) Employees: No person other than residents of the dwelling unit may be employed in the conduct of the home occupation. Waiver of this requirement may be allowed, but in no case shall more than one person other than residents of the dwelling be employed in the conduct of the home occupation; (Amended by Ord. 2157, Sec. 26, 4/7/98)

(6) Articles Sold: Articles offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between offsite suppliers and offsite customers in which case all articles, except for samples, shall be received, stored and sold directly to customers at off-premises locations;

(7) Exterior Display and Signs: There shall be no exterior or window display of materials or products. No exterior or window sign may advertise or otherwise identify the home occupation except for one with a display surface not exceeding two (2) square feet, that is non-moving, attached to the dwelling unit, and which has illumination, if any, which is indirect and non-flashing. There shall be no other exterior indication of the home occupation or impairment of the residential appearance of the facilities within which the home occupation is performed.

(8) Outside Storage: There shall be no storage of materials or supplies or products outside the dwelling unit;

(9) Vehicle Storage: No more than one (1) truck or other motor vehicle of no larger size than three-fourths (3/4) of a ton shall be permitted in conjunction with any home occupation;

(10) Mechanical Equipment: Mechanical equipment and supplies of a type customarily appurtenant to the profession may be used so long as no external manifestations thereof are apparent;

(11) Nuisances: The home occupation shall be so operated as not to generate noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance to a degree greater than that normal for the neighborhood;

(12) Traffic Generation: Pedestrian and vehicular traffic generated by the home occupation shall not be substantially greater than that normally generated by residential uses in the neighborhood in which it is located;

(13) Additional Home Occupations: More than one (1) home occupation may be performed within a single dwelling unit provided that all other requirements of this section are met and a permit is secured for each home occupation;

(d) Exclusions. The following activities shall not in any case qualify as a "home occupation": (1) Teaching of organized classes totaling more than six (6) persons at one time. (Applicable to the entire dwelling where more than one (1) home occupation exists); (2) Bed and Breakfast Inns; (3) Care, treatment, boarding or breeding of animals for profit;

(4) Operation of a barbershop;

(5) Operation of food handling, processing or packing;

(6) Operation of an eating or drinking establishment or licensed premises;

(7) Operation of an antique shop or similar retail use;

(8) Operation of hospitals or sanitariums;

(9) Auto or other motor vehicle repair shop, junk or secondhand merchandise yard storage.
(e) Address of Convenience. An address of convenience, as defined by this code, is a type of home occupation which, due to the low potential for significant impacts on the neighborhood, may be approved without the analysis and review required of other home occupations.

(f) Revocation. In the event of a failure to comply with these home occupation regulations, the Hearing Officer may after notice revoke approval of a home occupation. Such revocation may be appealed pursuant to the Appeals Procedures provided in Chapter 5. In any case, a permit for a home occupation shall expire at the same time a business license issued therefor expires, unless such business license is renewed within thirty (30) days after such expiration.

 

 

A314-18. INDUSTRIAL PERFORMANCE STANDARDS.

(a) Purpose. The purpose of these regulations is to establish minimum standards for the operation of industrial development in Humboldt County.

Sec. A314-20

 

A314-19. LAND DIVISION.

A314-19.1 COASTAL RURAL LAND DIVISION. A. Applicability. These regulations shall apply to lands located within the County's Coastal Zone designated for RA-Rural Residential Agriculture or TC-Commercial Timberland.

B. Land Division Criteria. Land divisions in coastal areas zoned RA or TC shall be permitted only if at least fifty (50) percent 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.

 

A314-19.2. COASTAL AE-60 LAND DIVISION. A. Applicability. These regulations shall apply to lands located within the County's Coastal Zone designated AE-60 on the County Zoning Maps.

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

C. Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty (60) acres may be approved only upon satisfaction of all the following conditions.

1. Execution of a Land Conservation Contract (Williamson Act contract) with the County;

2. Acknowledgement 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

3. Rezoning of any substandard parcel to AE-20.

D. 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 (60) acres, to a minimum size of twenty (20) acres, if the applicable findings in Chapter 4, including but not limited to those in section A314-25, are made.

 

A314-19.3. COASTAL AE-160 LAND DIVISION. A. Applicability. These regulations shall apply to lands located within the County's Coastal Zone designated AE-160 on the County Zoning Maps.

B. 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:

1. The average parcel size shall be no smaller than twenty (20) acres.

2. New lots or parcels shall be no smaller than one (1) acre and no larger than two and one-half (2 1/2) 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.

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 (20) acres.

C. 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: 1. Execution of a Land Conservation Contract (Williamson Act contract) with the County;

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;

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.

D. 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 4, including but not limited to those in section A314-25, are made.

 

A314-19.4. COASTAL AE-600 LAND DIVISION. A. 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.

B. 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:

1. The average parcel size shall be no smaller than 160 acres.

2. New lots or parcels shall be no smaller than one (1) acre 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.

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.

C. 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: 1. Execution of a Land Conservation Contract (Williamson Act contract) with the County;

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

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;

D. 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 4, section A314-25, are made.

 

A314-19.5. COASTAL TC AND TPZ LAND DIVISION. A. Applicability. These regulations shall apply to all lands located within the County's Coastal Zone designated TC or TPZ on the County Zoning Maps.

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

C. 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:

1. Restocking - Including stocking to minimum levels described by the District Forest Practices Rules;

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;

3. Statement of Purpose and Intent of Management - Including scope and intensity of management for both the timber and compatible uses;

4. Topography and Physical Features - Including site classes and soil types;

5. Timber Inventory - Including species, age classes, stocking levels, volume and growth;

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;

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

8. Schedule - Including harvesting, regeneration, protection, and management guide update.

D. Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County.

 

A314-19.6. COASTAL CR LAND DIVISION. A. Applicability. These regulations shall apply to lands located within the County's Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps.

B. Required Conditions. Conditions of approval for division of lands designated CR shall include the following:

1. No conversion from commercial recreational use shall be permitted in the future; and

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.

C. 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 section A314-25 of Chapter 4, are made.

 

A314-20. MAJOR VEGETATION REMOVAL.

(a) Purpose. The purpose of these provisions is to preserve and protect major vegetation within the County Coastal Zone that directly and indirectly prevent soil erosion, landslide and flood hazard; reduce runoff, provide windbreaks or provide protection to adjacent trees from irreparable wind damage; and protect property values and the local economy by maintaining the visual quality of the County while respecting and recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent.

(b) Major Vegetation Removal Permitted With a Special Permit in All Zones as an Accessory Use. Major vegetation removal may be permitted with a special permit in all zones, as an accessory use associated with a specified principal permitted use or conditional permitted use. Major vegetation removal may be permitted with a special permit in conjunction with or prior to the establishment of a principal permitted use or conditionally permitted use.

(c) Applicability. These regulations shall apply to major vegetation removal as defined in this section, within the Humboldt County Coastal Zone except that the following development shall be exempt:

(1) Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Incentives Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP);

(2) Major vegetation removal in conjunction with an approved building permit, coastal development permit, conditional use permit, or special permit; or in conjunction with satisfying improvement requirements of an approved subdivision;

(3) Major vegetation removal subject to the Coastal Streams and Riparian Corridor regulations; and

(4) Major vegetation removal associated with general agriculture, in zones where the General Agriculture use type is a principal permitted use, except where the Planning Director determines that pursuant to subsection A314-20C3 that the major vegetation removal may result in a significant environmental impact.

(d) Definition of Major Vegetation Removal. For purposes of this section major vegetation removal shall be defined to include one or more of the following: (1) The removal of one or more trees with a circumference of thirty -eight inches (38") or more measured at four and one half feet (4-1/2') vertically above the ground;

(2) The removal of trees within a total contiguous or non-contiguous area or areas exceeding 6,000 square feet, measured as the area located directly beneath the tree canopy; or

(3) The Planning Director may determine that a proposal to remove woody vegetation constitutes major vegetation removal if the Planning Director finds that it may result in a significant environmental impact. In making a finding that the proposed major vegetation removal may result in a significant environmental impact, the Planning Director shall review the proposal and determine if any of the following conditions exist or are proposed:

(a) The major vegetation removal involves the use of heavy equipment;

(b) The major vegetation removal is proposed on a steep slope (15% or greater); or on a slope designated on the Geological Map of the General Plan with slope stability index of "2" - moderate instability or "3" - high instability; and that may result in soil erosion or landslide;

(c) The major vegetation removal is located within or adjacent to an environmentally sensitive habitat as identified in the applicable coastal area plan; or

(d) The major vegetation removal may result in significant exposure of adjacent trees to wind damage.

(e) Appeal of the Planning Director's Determination of Major Vegetation Removal. Where the Planning Director has determined that a proposal to remove woody vegetation constitutes major vegetation removal, and where the individual proposing the major vegetation removal believes that the removal of the vegetation will not result in a significant environmental impact, the applicant may request the Planning Commission to review the Planning Director=s determination. The Planning Commission shall hear the matter de novo and make a determination as to whether or not the proposed major vegetation removal may result in a significant environmental impact.

The request for Planning Commission review shall be made in writing to the Planning Division within ten (10) days of the Planning Director's determination and accompanied with a fee as established by the Board of Supervisors. Information supporting the belief that the proposed major removal of vegetation will not result in a significant environmental impact shall also be submitted by the individual proposing the major vegetation removal at the time the request for review is made.

An appeal from a determination of the Planning Commission may be made to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors within ten (10) days of the Planning Commission's determination, and with a fee as established by the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and make a determination as to whether or not the proposed major vegetation removal may result in a significant environmental impact.

 

 

A314-21. MERGER OF SUBSTANDARD LOTS.

(a) A substandard lot can be developed or sold if:

(1) The substandard lot in question was lawfully created; and

(2) The substandard lot has not been merged with adjoining property.

(b) 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 are not merged if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Ord. 1104, 10/5/76; amended by Ord. 1875 Sec. 3, 9/26/89)

 

A314-22. MOBILEHOME PARK.

(a) Purpose. The purpose of these regulations is to establish standards for the development of new mobilehome parks and the expansion of existing mobilehome parks in Humboldt County.

(b) Applicability. These regulations shall apply to the development, expansion, or alteration of any mobilehome park, as defined in the Mobilehome Park use type.

(c) Development Standards. The construction, alteration or expansion of a mobilehome park shall be subject to the following development standards, except as provided herein:

(1) Minimum Lot Size: No mobilehome park shall be permitted on a lot that is less than five (5) acres in area. (Amended by Ord. 2157, Sec. 27, 4/7/98)

(2) Minimum Recreation Area: A minimum recreation area of 1,500 net square feet per acre of mobilehome park shall be provided and improved in conjunction with the development.

(3) Minimum Yards: Minimum yards around mobilehome 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. (Amended by Ord. 2157, Sec. 27, 4/7/98)

(4) Access:

(a) All mobilehome parks shall have either one (1) fifty foot (50') minimum width access or two (2) twenty-five foot (25') minimum width permanent points of access to a public road.

(b) All circulation roads within the park shall be a minimum of twenty-four feet (24') (two-way traffic) from curb to curb and shall be increased in width by eight feet (8') for curb parking space on each side of the street on which such curb parking is permitted.

(c) All roads and parking spaces shall be permanently paved.

(5) Parking: (a) Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each mobilhome site. A parking space shall not be less than eight feet (8') wide and eighteen feet (18') long, and contain seven feet (7') of vertical clearance.

(b) Guest parking shall be provided at a ratio of one (1) space for every four (4) mobilehome sites. On-street parking is acceptable in meeting this requirement if all the streets providing the spaces are constructed to forty (40) feet in width. If the streets within the mobilehome park are less than 40 feet in width, the ratio for guest parking shall be one (1) space for every two (2) mobilehome 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 200 feet apart.

(c) If any type of commercial use(s) is (are) proposed within the mobilehome park, additional parking shall be provided consistent with the Off Street Parking Requirements in Section A314-26.

(6) Fencing and Landscaping: (a) Every mobilehome 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 mobilehome park site that abut on public roads or property lines.

(b) 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.

(7) Storage Area: A minimum outdoor storage shed of forty-eight (48) square feet shall be provided for each unit.
(d) Exceptions for Existing Substandard Mobilehome Parks. The Hearing Officer may modify the above requirements 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 existing park will result, and subject to making the applicable findings for granting exceptions in Chapter 5.

 

 

 

A314-23. NATURAL DRAINAGE COURSES.

(a) Purpose. The purpose of these provisions is to establish standards for developments on lands including natural drainage courses to ensure that adverse effects on drainage and water quality are minimized.

(b) Applicability. These regulations shall apply to all developments in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads, storm drainage and utilities which are located near natural drainage courses.

(c) Required Mitigation. Developments which will have an effect on natural drainage courses shall be required to include the following mitigation:

(1) The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened.

(2) Natural vegetation within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations.

(d) Required Findings. Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 5 are made.

 

 

 

A314-24. COASTAL NATURAL FEATURES AND LANDFORMS PROTECTION.

(a) Purpose. The purpose of these regulations is to ensure that coastal natural landforms and features shall suffer the minimum disturbance, to the extent feasible, as a result of any new development.

(b) Applicability. These regulations shall apply to all lands proposed for development within the County's Coastal Zone, which contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Planning Director, on a case-by-case basis, upon submission of development permit applications and based upon policies of the Land Use Plans.

(c) Modifications Imposed by Coastal Natural Landforms Protection Regulations. These provisions shall be in addition to any other regulations imposed by this Division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (Chapter 70 of the Uniform Building Code - 1982), the most restrictive regulation shall apply.

(d) Required Mitigation. The following mitigation measures shall be applied to development on lands containing natural landforms:

(1) Where alteration of natural landforms during construction, mineral extraction or other approved development is permitted, the topography shall be restored to as close to natural contours as possible, and the affected area planted with attractive vegetation common to the region;

(2) In permitted development, landform alteration for access roads and public utilities shall be minimized by:

(a) Running hillside roads and utility corridors along natural contours, where feasible;

(b) In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety.

(e) Required Findings. Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings are made.

 

 

A314-25. NON CONFORMING USES AND STRUCTURES.

(a) Purpose. The purpose of these regulations is to establish the rights associated with non-conforming uses and structures, and to establish conditions under which non-conforming uses and structures may be expanded or structurally altered.

(b) Applicability. These regulations shall apply to all non-conforming uses and structures constructed in conformance with applicable County Building Regulations.

(c) Right to Continue as a Non-Conforming Use. A non-conforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use non-conforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein.

(d) Right to Continue to Use a Non-Conforming Structure. A non-conforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure non-conforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a non-conforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations.

(e) Rights Pertaining to the Use or Structure Itself. The rights pertaining to a non-conforming use or structure shall be deemed to pertain to the use or structure itself, regardless of the ownership of the land or structure on or in which such non-conforming use is conducted or of such non-conforming structure, or the nature or the tenure of the occupancy thereof.

(f) Special Permit Required for the Substitution of Non-Conforming Uses. The Hearing Officer may approve a special permit for the substitution of a proposed non-conforming use for an existing non-conforming use if the substituted non-conforming use does not increase the degree of non-conformity and if the Hearing Officer makes all of the required findings in Chapter 5 of this Division. Substituted non-conforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing non-conforming use.

(g) Expansion, Reconstruction, Structural Alteration or Replacement of Non-Conforming Structures and Mobilehomes.

(1) Structural Alterations, Reconstruction, and Expansions Expansion to Existing Non-Conforming Structures. The Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for "one-for-one" structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a "one-for-one" structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards.

(2) Reconstruction of a Non-Conforming Structure that is Damaged by any Casualty: The Planning Director may approve a special permit for the reconstruction of a Non-Conforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Planning Director makes all of the required findings in Chapter 5.

(3) Replacement of Non-Conforming Mobilehomes: The Planning Director may approve a special permit for the replacement of an existing non-conforming mobilehome by a newer mobilehome. The replacement mobilehome shall be set up on a standard foundation as required by the County Building Regulations.

(h) Special Provisions Concerning Non-Conforming Mobilehomes. (1) Existing Mobilehomes: Each existing mobilehome placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The use permit for such mobilehome shall run with the land and shall be transferable to subsequent purchasers. If such mobilehome is moved to another individual lot not within a mobilehome park it must be placed upon a foundation.

(2) Replacement in Flood-Prone Area: If a non-conforming mobilehome or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same mobilehome or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit's original installation. (Amended by Ord. 2157, Sec. 28, 4/7/98)

(i) Termination of Non-Conforming Use. If any non-conforming use ceases for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming use, the land theretofore

devoted to such non-conforming use shall thereupon become subject to all the regulations as to use for the zone in which such land is located as if such non-conforming use had been expressly abandoned.

(j) Non-Application to Use or Structure Initiated or Constructed in Violation of Law. All of the foregoing provisions pertaining to non-conforming uses and structures shall apply to all non-conforming uses and structures existing on the effective date of these regulations and to all uses and buildings that become non-conforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established or structure erected in violation of law.

 

 

A314-26. OFF-STREET PARKING.

(a) Purpose. The intent of these requirements is to provide for the onsite, 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 by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in this section. "Adequate Off-Street Parking" is hereby defined as being sufficient to meet the level of anticipated parking demand generated by a use or uses. The general purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking and thereby permitting safe passage or passengers to and from their destination.

More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic.

(b) Applicability. These requirements shall apply to the indicated activities in all zones.

(c) General Requirements.

(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: (a) A substitute parking area is to be provided and remain available for as long as the use to which the required parking pertains shall continue; and

(b) The substitute parking are is within an area designated in the General Plan for commercial or other business use and within which parking is a permitted and compatible use; and

(c) All or part of the substitute location is within four hundred feet (400') of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage; and

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

(e) Consistent with those of the above requirements 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 conditional use permit. In either instance, the special permit shall contain conditions providing that an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use.

(2) Size and Improvement. (a) Each normal size PARKING SPACE shall be not less than eight feet (8') wide, eighteen feet (18') long and contain seven feet (7') of vertical clearance;

(b) Each compact car space shall be not less than seven and one-half feet (7 1/2') wide and sixteen feet (16') long.

i. No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces.

ii. 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.

iii. Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area.

(c) Each loading space shall be not less than ten feet (10') wide, sixty feet (60') long and shall contain at least fourteen feet (14') of vertical clearance.

(d) In recreation areas, adequate parking facilities shall be provided consistent with the level of anticipated use. Special parking provisions shall be made for recreation vehicles and boats and trailers.

(e) 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.

(3) Required Off-Street Parking: Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that additional parking shall be required only for such addition, enlargement, or change and not the entire building or use.

(4) Requirements for Lots Fronting Unimproved Roads: Wherever the use or uses for which off-street parking is required is served by a roadway not improved to a width of forty feet (40') with asphalt or gravel, the following provisions shall be applicable:

(a) Additional improved off-street parking must be provided consistent with the standards of sub-Section A314-24D, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements.

(b) 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. (Amended by Ord. 1842, Sec. 23, 8/16/88)

(5) Parking Requirements for Uses Not in Compliance with Current Parking Requirements. (a) 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.

(b) 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.

(c) 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.

(d) Levels of use, as they relate to this division, shall be determined by the Planning Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district.

(6) Multiple Uses and Joint Uses: Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing.

(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.

(8) Parking Facilities for the Physically Handicapped: Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide parking spaces for the physically handicapped in compliance with Section A314-2 of the Humboldt County Code and the following provisions:

(a) The handicapped parking spaces shall be fourteen (14) feet wide and eighteen (18) feet long.

(b) For 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.

(c) 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.

(9) Parking Spaces for Uses Not Specified: The parking space requirements for uses not set forth herein shall be fixed by the Planning Director and be based upon the available studies and standards for the most comparable use.

(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.

(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.

(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.

(d) Parking Spaces Required. The number of off-street parking spaces

required shall not be less than specified herein below:

(1) Residential Uses.

(a) Single Detached and Duplex Building Types. i. 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.

ii. Except as provided in sub-Section A314-26D (1) (a) iii, 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 feet (40') with asphalt or gravel, parking spaces in addition to those required by sub-Section A314-26D (1) (a) i shall be provided as follows:

- One (1) space for each single family residence and each unit of a duplex containing one bedroom or less.

- One (1) space for each unit of a duplex containing two or more bedrooms.

- Two (2) spaces for each single family residence containing two or more bedrooms. (Amended by Ord. 1842 Sec. 23, 8/16/88) iii. Instead of providing the additional parking spaces required by subsection A314-26D (1) (a) ii, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by sub-Section A314-26C (4).

iv. Driveway opening shall be in conformance with the standards detailed in Sec. 411 et seq. of this Code (the encroachment regulations).

(b) Multiple Unit Building Types With More Than Two Dwelling Units. i. One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2 1/2) parking spaces for each dwelling unit containing four (4) or more bedrooms.

ii. Except as provided in Sec. A314-26D (1) (b) iii, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty feet (40') with asphalt or gravel, parking spaces in addition to those required by subsection A314-26D (1)(b)i shall be provided as follows:

- One-half (1/2) space for each one bedroom unit; - Three-quarters (3/4) space for each two or three bedroom unit.

- One (1) space for each four bedroom unit.

iii. Instead of providing the additional parking spaces required by Subsection (ii), a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by Sec. A314-26C (4).

iv. Driveway openings shall be in conformance with the standards detailed in Sec. 411 et seq. of this Code (the encroachment regulations).

(c) Hotel, Motel, Rooming Houses. One (1) parking space for each sleeping unit plus two (2) manager parking spaces.

(d) Senior Housing Complex. One (1) parking space for every two (2) dwelling units. A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified herein above.

(2) Civic Uses. (a) Hospitals: One (1) parking space per bed plus one (1) for every three (3) employees and medical staff members.

(b) 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.

(c) 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 30 square feet of gross floor area in said assembly area not used for seating.

(d) Schools:

i. Kindergarten/Day Care Center: One (1) parking space for every ten (10) children plus one (1) for each employee; additionally, sufficient loading area should be provided for the safe loading and unloading of children and

adults.

ii. Elementary Schools: One (1) parking space for every ten (10) children plus one (1) for each employee;

iii. One (1) parking space for every five (5) students plus one (1) space for each employee;

iv. College and Trade Schools: One (1) parking space for every five (5) students plus one (1) space for each employee.

v. Rest Homes/Convalescent Homes: One parking space for every five (5) licensed patient beds and the higher of one (1) parking space for every 500 square feet of gross floor area, or one parking space for each employee of the peak shift.

(3) Commercial Uses. (a) 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.

(b) 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.

(c) Restaurants: The higher of 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.

(d) Theaters/Stadiums: One (1) parking space for every four (4) seats plus one (1) space for every two (2) employees.

(e) Offices: One (1) parking space for every 300 square feet of gross floor area plus one (1) for each employee.

(f) Dance Halls/Amusements: The higher of one (1) parking space for every four (4) seats or one (1) parking space for each 200 square feet of gross floor area.

(g) Shopping Centers: A shopping center covering two (2) acres shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers less than two (2) acres shall provide parking spaces as identified for retail sales or service uses.

(4) Industrial Uses. (a) Management: The parking requirements for office space associated with industrial uses shall be the same as identified for commercial use offices.

(b) Manufacturing: The higher of 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. (Amended by Ord. 1842, Sec. 23, 8/16/88)

(c) Warehouse: The higher of one (1) parking space for every four (4) employees or one (1) parking space for each 2,500 square feet of gross floor area.

(e) Loading Spaces Required. The number of off-street loading spaces required shall be no less than as set forth in the following: (1) One (1) loading space for each 20,000 square feet of gross floor area, or portion thereof. The loading space requirement for uses containing 10,000 square feet or less may be eliminated upon issuance of a special permit by the Planning Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use.

(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.

(f) Additional Requirements. (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 Code Sec. 411 et seq. (encroachment regulations), and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards.

(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 (2) percent 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 Deign Design Review Committee established as part of each area plan.

 

 

 

 

A314-27. OIL AND GAS DRILLING AND PROCESSING.

(a) Purpose. The purpose of these regulations is to provide for development of new or expanded oil and gas wells and pipelines in the least environmentally damaging location and manner feasible, and to provide for public review of proposed oil and gas wells and associated development in order to effectuate this purpose.

(b) Applicability. These regulations shall apply in all zones in which the Oil and Gas Drilling and Processing use type is permitted.

(c) Supplemental Permit Application Materials. In addition to the application materials required to be submitted under the permit procedure in Chapter 5, applications for oil and gas wells and associated facilities shall contain information sufficient to determine that the project will be so sited and designed as to mitigate, to the maximum extent feasible, adverse environmental effects. Application materials shall include, but are not limited to, the following:

(1) A plot plan of the entire area under lease or ownership, showing the relationship of the proposed facilities to the ultimate potential development;

(2) A contour or topographic map of the subject site, showing the relationship of existing and proposed structures and facilities with natural and/or artificial features;

(3) Proposed procedures for the transport and disposal of all solid and liquid wastes;

(4) Grading plans and procedures for minimizing erosion;

(5) Where the proposed facilities are located within a designated Coastal View Area or Coastal Scenic Area, or in an area zoned AE Agricultural Exclusive, landscaping plans and measures for minimizing visual impacts;

(6) Fire prevention procedures;

(7) Air pollution control procedures;

(8) Oil spill contingency procedures;

(9) For production facilities, a phasing plan for the staging of development indicating the approximate anticipated timetable and production levels for the project; and

(10) Procedures for abandonment and restoration of the site.

(d) Drillsite Density. Where feasible, drillsites shall be established at a maximum density of one (1) site per eighty (80) acres.

(e) Permit Processing. Separate permits shall be required for drillsites and production facilities. Applications for new drillsites or

production facilities shall be referred to the Hearing Officer for dispostion disposition after a noticed public hearing. Applications for additional wells at approved wellsites or for expanded production facilities require a special permit.

(f) Required Mitigation. Oil and/or gas drilling and processing operations shall incorporate the following mitigation:

(1) With respect to new facilities, all oil field brines will be reinjected into oil-producing zones except where: (a) The Division of Oil and Gas of the State Department of Conservation determines that to do so would adversely affect production of the reservoirs; and

(b) Injection into other subsurface zones will reduce environmental risks; or

(c) Disposal into ocean waters will be consistent with the ocean water discharge plans of the State Water Resources Control Board, and adequate provisions will be made for the elimination of petroleum odors and water quality problems.

(2) Where oil or gas wells are proposed in or near designated Wetland Areas and Transitional Agricultural Land, or Riparian Corridors as defined in these regulations, directional drilling shall be employed to avoid these sensitive habitat areas, except where an independent engineering contractor, selected by the County, determines that to do so would not be feasible. Where directional drilling is not feasible, mitigation measures shall include either acquisition of equivalent areas of equal or greater biological productivity or alternative mitigation consistent with Public Resources Code Sec. 30607.1.

(3) The disposal of waste from drilling operations which may damage soil, plant life or surface or sub-surface water supplies, shall not be permitted. All liquid drilling discharge wastes shall be accumulated in steel tanks prior to disposal at any approved disposal site; and such steel tanks shall be removed within thirty (30) days after completion or abandonment of the subject wells.

(4) Solid drilling waste materials may be temporarily deposited in an earthen depression with the final deposition of the solid waste materials to be accomplished in compliance with the requirements of the Regional Water Quality Control Board. Disposal of oil field wastes which may pollute surface or subsurface water shall not be permitted.

(5) Upon discontinuance of production at a well site, all earthen sumps or other depressions containing drilling mud, oil or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating them into the land by diking, harrowing, regrading and recontouring to restore the site to its original condition. The site shall be reseeded and planted to conform with the surrounding vegetation.

(g) Required Findings. Oil and gas drilling and processing shall be approved only if the applicable Extractive Development Impact Findings are made.

 

 

A314-28. OIL AND GAS PIPELINES.

(a) Purpose. The purpose of these regulations is to ensure that new oil and gas pipelines shall be sited in the least environmentally damaging manner, and to provide for public review of proposed oil and gas pipelines and associated development.

(b) Applicability. These regulations shall apply in all zones in which the Oil and Gas Pipelines use type is permitted. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations.

(c) Required Mitigation. All oil and gas pipeline development shall incorporate, at a minimum, the following mitigation measures:

(1) All rights-of-way will be regraded and revegetated to their original state;

(2) Any degraded habitat along the right-of-way which has been recommended for restoration by a responsible agency, will be so restored, except where the lead agency indicates it would be more appropriate to do otherwise;

(3) All compressor, metering, and odorizing stations will be visually and acoustically buffered with vegetation and other means as necessary; and

(4) Where liquid-carrying pipelines are to pass through important coastal resource areas, including recreation, habitat, archaeological and geologically unstable areas, segments will be isolated by automatic shutoff valves. (The County may determine whether spacing of automatic shutoff valves at intervals less than the maximum set by the Department of Transportation is required to protect sensitive coastal resources.)

 

 

A314-29. PARKLAND DEDICATION.

(a) 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.

(b) 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. (Amended by Ord. 2157, Sec. 29, 4/7/98)

(c) 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:

(1) For new subdivisions containing fifty-one (51) or more parcels: (i) an offer of dedication of land planned 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 Section A314-29E, trails and support facilities identified in the County Trails Plan, and coastal access as identified in access component of the Coastal Land Use Plan; or (ii) An in lieu fee in accordance with the provisions of sub-Section A314-29F to provide an appropriate contribution to public parks or recreation. It shall be the County's option to decide whether dedication of land or in lieu fees shall be required. (Amended by Ord. 2157, Sec. 29, 4/7/98)

(2) For new subdivisions containing fifty (50) or fewer lots or parcels: an in lieu fee shall be provided consistent with the provisions of sub-Section A314-29F; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment.

(3) Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

(d) 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 sub-Section A314-29E for the determination of parkland dedication.

(e) 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:

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 Department from time to time based on demographic research and available County census data from the United State States Bureau of the Census. (f) Fees in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section A314-29D. The "fair market value" shall be determined at the time of filing the Tentative Map or Tentative Parcel Map.

If the subdivider objects to the fair market value determination, he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining the fair market value.

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. (Amended by Ord. 2157, Sec. 29, 4/7/98)

(g) Deferred Payment of Fees for Secondary Dwelling Units. 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. (Amended by Ord. 2157, Sec. 29, 4/7/98)

The amount of 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 parcesls 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. (Amended by Ord. 2157, Sec. 29, 4/7/98)

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. (Amended by Ord. 2157, Sec. 29, 4/7/98)

(h) Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows:

(1) At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the subdivision map as submitted.

(2) At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

(3) The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in lieu thereof be required, or that a combination of both be

required. In making this determination the Planning

Commission shall consider the following:

(a) The Humboldt County General Plan;

(b) Topography, geology, access, and location of land in the subdivision available for dedication;

(c) Size and shape of the subdivision available for dedication;

(d) Feasibility of dedication;

(e) Availability and adequacy of previously acquired park property; and

(f) The desirability of fees being used for indoor recreational facilities.

(h) 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 Planning Commission finds that it is in the public interest to do so and that the following standards are met: (1) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(2) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;

(3) That 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 cannot be defeated or eliminated without the consent of the County or its successor;

(4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

(5) That facilities proposed for the open space area in substantial accordance with the provisions of the Humboldt County General Plan.

Before credit is given, the Planning Commission shall make findings that the above standards are met.

(Section 314-30. Recreational Vehicle Park changed to

Section 314-34.1 Special Occupancy Parks)

 

A314-31. SECOND RESIDENTIAL UNIT.

(a) Purpose. These regulations are intended to set forth standards for the creation of a subordinate residential unit or the conversion of existing living space into independent living space on lots in rural areas and residential neighborhoods.

(b) Second Residential Units Permitted with Coastal Development Permit or Special Permit. A second residential unit use type, as defined in Chapter 2, may be permitted with a coastal development permit in RS and RA zones if all the criteria of Sec. A314-31(D) are met. A second residential unit that cannot meet all the criteria in Sec. A314-31(D) may be permitted with a special permit pursuant to Sec. A314-31(G) through Sec. A314-31(J) below. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(c) General Provisions. The following General Provisions shall apply to all second residential units.

(1) Ownership: A second residential unit shall remain under the same ownership as the main residential building. Such units shall not be the subject of condominium conversion or subdivision unless, in the case of a subdivision, the full lot area requirements of the zone are met.

(2) Renting Permitted: The second dwelling unit may be rented although rental is not required.

(3) Building Type: The second residential unit may be attached to, or detached from, the principal residential and may be over a garage.

(4) Kitchen and Bathroom Facilities Required: The second unit shall contain separate kitchen or kitchenette and bathroom facilities. Where the unit has a separate entrance, the entrance shall be subordinate to the entrance of the main unit.

(5) Manufactured Homes: A manufactured home may be permitted as a second residential unit in certain zoning districts where such building type is specifically authorized.

(6) Existing Single Family Residence: Where one single family dwelling unit exists on a lot, a larger second unit may be constructed as the principal dwelling unit provided that the floor area of the existing unit is within the limitations of this Section, and all other development regulations and standards can be met for both units.

(d) Development Regulations and Standards. The following development regulations and standards shall apply to all second residential units: (1) Utilities: Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code.

(2) Building Site: The building site shall be shared in common with the main dwelling unit. The residences share a common building site when they are located no further than 30 feet from each other and when they share a common driveway. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(3) Minimum Lot Size: A second residential unit may be constructed or placed on a lot substandard to the zone.

(4) Total Floor Area: The total floor area of any detached second dwelling unit, or in the case of an attached unit, the increase in floor area, shall be no more than 1,000 square feet, or sixty (60) percent of the principal dwelling, whichever is less.

(5) Development Standards: The second dwelling unit shall conform to the development standards for the main dwelling of the zoning district in which it is located, including but not limited to, standards for front, rear and side yard setbacks, height and lot coverage.

(6) Design Standards: The second unit shall be constructed in such a manner as to be compatible with the existing neighborhood in terms of form, height, material and landscaping.

(7) Access. The subject lot shall have a minimum of 50 feet of frontage on a road improved to a road category 4 or better,

as specified in the Appendix to Title III, Division 2 of the Humboldt County Code. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(e) Second Dwelling Units on Lots with Non-Conforming Use or Structure. Second dwelling units may be approved on lots with non-conforming uses, structures or support facilities provided that:

(1) In the case of non-conformity due to use, the application can be processed consistent with Sec. A314-25;

(2) In the case of non-conformity due to height or yard setbacks, no greater degree of non-conformity is created;

(3) In the case of non-conformity due to County Code health provisions, all current applicable County Code health provisions can be met;

(4) In the case of non-conformity due to building codes, parking and road easements, encroachments and standards, all current applicable codes can be met or substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the unit.

(f) Existing Second Dwelling Units. (1) A Special Permit may be approved by the Hearing Officer for a second dwelling unit on any lot which was constructed or partially constructed prior to March 13, 1984.

(2) An inspection of the dwelling shall be made by the appropriate county official(s). If the official(s) determine(s) that the requirements of the applicable County codes, including modification thereof, have been met or substantially met, to the extent that no abnormal risk to health or safety will result from occupancy of the dwelling and the dwelling otherwise conforms to the County Code, the Hearing Officer may approve a special permit for the dwelling in accordance with the requirements set forth in this Section.

(g) Waiver of Density Standards. Applicable density standards shall be waived for secondary dwelling units in RS zones and RA zones which are planned and zoned for minimum parcel sizes of five acres or less. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(h) Waiver of Maximum Floor Area. The maximum floor area requirement may be modified or waived with a Special Permit where sufficient information is submitted with the application, including but not limited to, elevations and views of existing, proposed, and adjacent buildings, to enable the Hearing Officer to determine, after providing for public comment, that the secondary dwelling unit would be subordinate to the principal unit and that the development would be compatible with the existing neighborhood. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(i) Waiver of Building Site Standards. With a Special Permit, the requirement that the building site be shared in common may be modified or waived where sufficient information is submitted with the application, including but not limited to, elevations and views of existing, proposed and adjacent buildings, to enable the Hearing Officer to determine, after providing for public comment, that the secondary dwelling unit would be subordinate to the principal unit and that the development would be compatible with the existing neighborhood. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(j) Waiver of Road Category 4 Access Standards. The requirement that the subject lot be served by a road that at least meets the Road Category 4 standard may be modified or waived with a Special Permit where the subject property is served by a road design equivalent to a Road Category 4 or better that is acceptable to the California Department of Forestry and Fire Protection and the Humboldt County Department of Public Works. (Amended by Ord. 2157, Sec. 30, 4/7/98)

(k) Required Findings. In addition to the findings for all permits in Chapter 5, the applicable Residential Use findings shall also be made prior to the approval of a Coastal Development Permit or Special Permit for a second dwelling unit. (Amended by Ord. 2157, Sec. 30, 4/7/98)

 

 

A314-32. SHORELINE PROTECTION STRUCTURE.

(a) Purpose. The purpose of these regulations is to provide for the construction of shoreline protection structures consistent with the maintenance of adjacent shoreline areas and with maintenance of off-shore sand transport.

(b) Applicability. The Shoreline Protection Structures Regulations shall apply to development proposing shoreline protection structures.

(c) Limitations. Shoreline protection structures, including revetments, breakwater bulkheads, graving yards, groins, seawalls, and other such construction, that alter natural shoreline processes may only be permitted as follows:

(1) To protect existing principle structures or public facilities in areas subject to damage from wave action where relocation of the structures is not feasible;

(2) When required to serve coastal dependent uses;

(3) To reconstruct existing bulkheads;

(4) In areas planned exclusive agriculture, to protect existing

dikes, consistent with the regulations on modification and

repair of dikes in transitional agricultural lands.

(d) Comprehensive Study Required. Permanent shoreline structures, other than revetment of existing dikes, shall be permitted only when based on a comprehensive study of area wide shoreline processes which assesses long term effects of the structures on sand transport, down drift beaches, circulation patterns and flow rates, including effects such as erosion, shoaling, or reflection of wave energy on adjacent shorelines. Projects other than placement of revetment on existing dikes, must be designed by a registered civil engineer with expertise in shoreline processes.

(e) Consultation with Department of Boating and Waterways. The County shall request the Department of Boating and Waterways to review plans for construction of shoreline protective structures. The Department may recommend measures to mitigate adverse effects on shoreline processes.

(f) Required Findings. Shoreline protection structures shall be permitted only if the applicable Public Safety Impact Findings in Chapter 5 are made.

(g) Required Mitigation. Shoreline protection structures shall be constructed such that adverse impacts on shoreline sand supply and public access have been eliminated or minimized by the projects design or through other mitigation measures such as providing alternate access.

(h) Temporary Shoreline Structures. Consistent with the Emergency Provisions in Chapter 5, temporary shoreline structures may be permitted in emergencies as determined by the Planning Director, provided that any such temporary structure is either:

(1) Removed;

(2) Incorporated into a permanent structure; or

(3) Removed upon construction of a permanent structure.

 

 

A314-33. SIGNS.

(a) Purpose and Applicability. The purpose of these regulations is to provide that signs within Humboldt County will not impair the public health, safety, and welfare by being excessively intrusive, and will maintain visual quality and will be compatible with nearby development. These regulations shall apply to the placement of any sign within the unincorporated area of Humboldt County.

(b) Permitted Signs. Signs may be permitted in conformity with the following regulations:

(1) Nameplates: (which shall be limited to a statement of the name, address and location of the occupant). One (1) nameplate, not illuminated and not exceeding two (2) square feet, appurtenant to any permitted use shall be permitted in any residential zone; and not exceeding twenty (20) square feet shall be permitted only in AE, TPZ and TC zones.

(2) Property Sale Signs:

(a) Two (2) signs, not illuminated, to advertise that sale of property on which it is displayed and not exceeding
six (6) square feet shall be permitted in any zone;

not exceeding fifteen (15) square feet shall be

permitted in any Commercial Zone; not exceeding twenty

(20) square feet shall be permitted in any Industrial

Zone. The Planning Director may approve a special

permit for additional signs if the applicant

demonstrates a need, based upon site specific physical

conditions.

(b) Signs, not illuminated and not exceeding one hundred (100) square feet in the aggregate, to advertise the sale of lots in the subdivision in which it is displayed shall be permitted with a use permit in any zone. (3) Appurtenant Signs: Signs appurtenant to any permitted use which are not illuminated, are not over seventy-five (75) square feet in the aggregate, and not divided into more than three (3) single- or double-faced signs shall be permitted

with a use permit in any zone except Residential Zones.

(4) Signs in Commercial or Industrial Zones. (a) Signs, appurtenant to any permitted use, which do not exceed three (3) square feet per lineal foot of the front lot line, shall be permitted in any commercial or industrial zone. Any lawfully existing lot shall be permitted to have a sign of at least fifty (50) square feet in size. The permitted sign shall not exceed 300 square feet in size, and shall not be divided into more than six (6) single - or double-faced signs.

(b) Signs, whether appurtenant to a permitted use or not, and not limited as to size or number, may be permitted with a special permit in any commercial or industrial zone.

(5) Directional Signs. (a) Signs Permitted: Directional signs and/or guide signs may be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities that the Planning Director has determined that such sign is necessary for the public convenience and/or safety.

(b) Location: Signs shall be located only along arterial roadways and higher order streets.

(c) Design Criteria.

(1) Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s).

(2) Where feasible, directional signs shall be designed to accommodate more than one use.

(3) The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use with a maximum aggregate area of display surface not to exceed 100 square feet.

(d) Permit Required: A special permit is required for placement of a directional sign in all zones.
(c) General Prohibitions on Signs. The following signs shall be prohibited in all zones except as provided in this Section. (1) No sign shall endanger the public health and safety by causing distractions to operators of motor vehicles on public rights-of-way, such as may be caused by signs employing motion, sound mechanical devices, blinkers, flashing lights, animation or unusual lighting.

(2) No sign shall be erected adjacent to any right-of-way in such a manner as to obstruct free and clear vision of operators of motor vehicles, or at any locations where, by reason of position, shape or color, such sign may interfere with, obstruct the vision of, or be confused with any authorized traffic sign, signal or devise, or which makes use of the words "stop", "danger", or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse motor vehicle operators.

(3) No red, green or amber lights or illuminated signs shall be placed in such a position that they could be confused with any authorized traffic sign, signal or device.

(4) No sign shall be erected in such a manner as to be obstruct free and clear vision of pedestrian traffic on rights-of-way or to otherwise endanger pedestrians.

 

 

A314-34. SOLID WASTE DISPOSAL.

(a) Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources.

(b) Applicability. These regulations shall apply to proposed expansions at existing solid waste disposal sites and to proposed new project sites where the Solid Waste Disposal use type is permitted within a zone.

(c) Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 5 applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (1) Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections;

(2) Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of;

(3) Site alternatives and description of impacts associated with each, and a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion;

(4) Relationship of this disposal project to other disposal projects in the area;

(5) A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies;

(6) A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and

(7) Assessment of conformity with the Humboldt County Solid Waste Management Plan.

(d) Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in Chapter 5 are made.

 

A314-34.1 SPECIAL OCCUPANCY PARKS.

(a) Purpose. The purpose of these regulations is to ensure special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Added by Ord. 2157, Sec. 32, 4/7/98)

(b) Applicability. These regulations shall apply to all Special Occupancy Park Use Types. Nothing herein contained shall be deemed to relive the owner or operator of a Special Occupancy park of the duty of complying with all applicable state and local laws and regulations.(Added by Ord. 2157, Sec. 32, 4/7/98)

(c) Development Standards. (1) Location: Special occupancy parks shall be established for the convenience of the traveling public. (Added by Ord. 2157, Sec. 32, 4/7/98)

(2) Minimum Site Area: Special occupancy parks shall be located on a parcel of land not less than one (1) acre in area. (Added by Ord. 2157, Sec. 32, 4/7/98)

(3) Density of Occupation: Occupation of campground spaces within special occupancy parks is limited to one (1) recreation vehicle or two (2) tents per each campground space. (Amended by Ord. 2157, Sec. 32, 4/7/98)

(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. (Amended by Ord. 2157, Sec. 32, 4/7/98)

(5) Required Setbacks: The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Amended by Ord. 2157, Sec. 32, 4/7/98)

(6) Minimum Campground Space Dimensions: Each campground space within a special occupancy park shall not be 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. (Amended by Ord. 2157, Sec. 32, 4/7/98)

(7) Minimum Campground Space Setbacks and Campground Space Density: (Added by Ord. 2157, Sec. 32, 4/7/98)

(a) 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 Administrative Code. (Added by Ord. 2157, Sec. 32, 4/7/98)

(b) No recreational vehicle or tent shall be permitted to locate less than fifteen (15) feet from any abutting property. (Added by Ord. 2157, Sec. 32, 4/7/98)

(c) 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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(d) Campground space density shall not exceed twelve (12) units per acre. (Added by Ord. 2157, Sec. 32, 4/7/98)

(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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(9) Interior Roadways: Private streets within a special occupancy park shall have the following minimum clearance widths: (Added by Ord. 2157, Sec. 32, 4/7/98)

(a) One-way with no side parking...................15 feet

(b) One-way with parking permitted on one side.....22 feet

(c) Two-way with no parking on either side.........20 feet

(d) Two-way with parking permitted on one side.....27 feet

(e) Two-way with parking permitted on both sides...34 feet

(10) Adequate roadway space for turn-arounds shall be provided.

(11) Off-Street Parking: Parking space in a special occupancy park shall be provided as follows: (Added by Ord. 2157, Sec. 32, 4/7/98)

(a) One (1) parking space for each recreational vehicle.

(b) One (1) parking space for each full-time employee.

(c) For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio:

0 - 200 occupant spaces - 6 spaces

201 - 300 occupant spaces - 8 spaces

301 - or more occupant spaces - 10 spaces

(12) Location Map: Each campground space in a special occupancy park shall be clearly identified and a locational map shall e provided at the park office. (Added by Ord. 2157, Sec. 32, 4/7/98)

(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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(15) Sanitary Facilities: Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Administrative Code and shall include: (Added by Ord. 2157, Sec. 32, 4/7/98)

(a) 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; (Added by Ord. 2157, Sec. 32, 4/7/98)

(b) 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; (Added by Ord. 2157, Sec. 32, 4/7/98)

(c) A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25 and approved by the County Health Department where on-site sanitation is proposed; (Added by Ord. 2157, Sec. 32, 4/7/98)

(d) 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 Sec. 1864(b); (Added by Ord. 2157, Sec. 32, 4/7/98)

(e) Laundry facilities in accordance with the requirements of Health and Safety Code. (Added by Ord. 2157, Sec. 32, 4/7/98)

(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. (Added by Ord. 2157, Sec. 32, 4/7/98)
(d) 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: (Added by Ord. 2157, Sec. 32, 4/7/98) (1) Assembly and Recreation: A building or buildings designed for indoor assembly or recreation.

(2) Commercial Services: Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar.

(3) Personal Services: Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools.

(4) Caretaker's Residence.

(e) 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: (Added by Ord. 2157, Sec. 32, 4/7/98) (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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(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) 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. (Added by Ord. 2157, Sec. 32, 4/7/98)

(f) Modification of Development Criteria. Modification of the development standards (A) through (D) of this Section may be granted by the Hearing Officer subject to making the required findings for Granting Special Permit Exceptions in Chapter 5 and the finding that the development will be consistent with all applicable State and local health and safety standards. (Added by Ord. 2157, Sec. 32, 4/7/98)

Modification of the development standard (E) of this Section may also be allowed with a Special Permit, provided the following supplemental findings are made: 1) the development will be compatible with surrounding land uses, and 2) the development meets minimum State standards for habitability. (Added by Ord. 2157, Sec. 32, 4/7/98)

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. (Added by Ord. 2157, Sec. 32, 4/7/98)

The Hearing Officer may also require the caretaker 1) demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and 2) agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Added by Ord. 2157, Sec. 32, 4/7/98)

 

 

 

 

 

 

A314-35. COUNTY HISTORICAL STRUCTURES.

(a) Purpose. The purpose of these regulations is to provide procedures for the designation of County historical structures and the preservation of designated County historical structures.

(b) Designation of County Historical Structures. The Board of Supervisors may, by resolution, designate any structure within the unincorporated areas of the County to be a County historical structure. In making this designation, the Board of Supervisors shall review the significance of the structure in the context of Humboldt County history.

(c) Demolition or Exterior Alteration of Designated County Historical Structures. No designated County historical structure shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided:

(1) Normal repair and maintenance of a County historical structure shall be allowed without first securing Design Review approval.

(2) Exterior alterations of County historic structures shall be limited to necessary repairs and shall be subject to Design Review.

(3) Any owner of a County historical structure planning to demolish such structure, shall provide notice of intent to the Board of Supervisors sixty (60) days prior to beginning any work on the demolition. Within the sixty (60) day period, the Board of Supervisors shall determine whether any Federal, State, or local agencies or organizations can acquire the structures and site, of or make other suitable arrangements with the owner which would protect the historical significance of the structure.

(d) Exceptions to Minimum Parcel Size. An exception to the minimum parcel size may be made for the purposes of historic preservation for County designated historical structures, or for buildings listed on the State or Federal Historic Register where: (1) It will not adversely impact the viability of continued agricultural operations;

(2) No additional building sites beyond what would be permitted as part of the existing agricultural operations are created.

 

 

 

A314-36. SURFACE MINING AND RECLAMATION

I. Purpose, Intent and Findings:

This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the "purposes and intent" of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. A. Purposes and Intent: The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see, Public Resources Code section 30000 and following). The State Surface Mining law is found in the Public Resources Code, at section 2207 and section 2710 and following. In this ordinance, this State law will be referred to as the "Act", or as "SMARA." The state Surface Mining Regulations are found in Title 14 of California Code of Regulations, at sections 3500 and following, and in this ordinance are referred to as the "state regulations". As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (1) protect the quality of the County's environment; (2) encourage the conservation and production of known or potential mineral deposits for the economic health and well-being of society; (3) regulate surface mining operations so as to prevent or

minimize adverse environmental effects of surface mining;

(4) provide for the reclamation of mined lands; and

(5) reduce or eliminate hazards to public health and safety due to surface mining operations.

B. Findings:

The Board hereby finds and declares that:

(1) the extraction of minerals is essential to the continued

economic well-bing of the County and the needs of society;

(2) the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

(3) the reclamation of mined lands as provided in this ordinance

will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(4) that surface mining takes place in diverse areas where the geological, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

(5) that surface mining will take place in the coastal zone of the County, and this Board hereby incorporates by reference the findings and declarations of the State Legislature with respect to the policy considerations governing the coastal zone (see, current Public Resources Code, section 30001, or any successor provision thereto).

II. INCORPORATION OF STATE LAW AND REGULATIONS BY REFERENCE. A. Reason: This Board has determined that one of the most efficient

and easiest methods to ensure that this County's SMARA ordinance is written as required by State law is to "incorporate by reference" the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertently misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).

NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, THE STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN

WHICH CASE THE STATE LAW SAYS THAT THE MORE RESTRICTIVE SECTIONS

OF THIS ORDINANCE MUST APPLY.

B. Incorporation of State Law and Regulations by Reference: The County of Humboldt hereby incorporates by reference, as if

fully set forth herein, the State Surface Mining and Reclamation

Act of 1975, and all amendments to that Act, which are currently

set forth in Public Resources Code, section 2207 and section 2710

and following. Further incorporated herein by reference are the

State Regulations adopted by the State to implement the Act, as

amended from time to time by the State.

The regulations are currently set forth in Title 14 of the California Code of regulations at sections 3500 and following, section 3700 and following ("reclamation standards"), and are also

referred to in this ordinance as the "state regulations".

Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code section 30000 and following.

Any reference in this ordinance to compliance with this "Chapter" also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining

operations, whether or not those laws and regulations are restated herein.

 

 

III. Limitations on Specified Activities.

A. Reasons for limitations:

The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections.

B. "Stream bed Skimming":

State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County's prior ordinance governing mining operations, such activities are excepted only to the extent that the mining

operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current section 2714(a) of the Act. This section shall not apply to timber operations which are governed by section 2714(j) of the Act.

C. Drainage, Erosion and Sediment Control:

In addition to the "performance standards" set forth in section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subsection (C) of section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards.

 

IV. Use Permit. A. Application. 1. Filing procedure: An application for a conditional use permit for a mining operation shall be submitted to the County Planning Department on forms furnished by that Department and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Department. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: a. Appendix A = Projection Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion.

b. Appendix B = Property Documentation

c. Appendix C - Reclamation Plan

d. Appendix D = Environmental Assessment

e. Appendix E = Maps & Illustrations

2. Filing Fee: Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors.

3. Acceptance: An application will not be accepted by the Planning Department as complete until the applicant sets forth the required information in sufficient detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval.

4. Preliminary Reviews:

In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, and no final decisions will be made on the application until the project has been reviewed in its complete form.

B. Procedure for Review and Action on Applications. 1. Review: The Planning Department will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not possible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the California Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions they may have about the required environmental reviews.

2. Public Hearing: Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within 300 feet from property lines of the parcels on which mining operations will occur, and 1500 feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County's General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant's request and to approve, conditionally approve, or deny the issuance of a use permit.

3. Approval or Denial: In addition to any findings required for a use permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of sections "a" and "b" below:

a. That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which compliance is required before any permits may be issued); and,

b. That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity.

c. If the Planning Commission determines that the above findings cannot be made, it shall so state and deny the application.

4. Conditions of approval: The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances.

5. Commencement of operations: An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and the Applicant, from the effective date of a Conditional Use Permit and Coastal Development Permit, approval of the reclamation plan (see section A314-36 "V." below), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Sec. 314-36 "VII" (below) relating to idle mines.

6. Term: Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances related to the operation which would make appropriate a more frequent or less frequent review of the operation. The basis for the determination of the term of the operation shall be stated in the grant of approval.

Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use had been conducted in compliance with permit conditions.

If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit.

This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof.

7. Rights of successors: Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all successors, heirs, and assigns of the operator.

8. Revocation: Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current section A315 or any other applicable provision of the County Code.

V. Reclamation Plan A. Submittal for Approval: 1. Filing procedure: A reclamation plan required by this Chapter shall be submitted to the County Planning Department and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Department.

2. Filing fee:

a. For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as a part of a use permit application, which has its fees authorized under Sec. A314-36 IV above.)

b. All other reclamation plans filed for review and approval shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors.

3. Acceptance: A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Department as complete until it sets forth the required information in sufficient detail to the satisfaction of the Department. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to section IX below. Acceptance of a reclamation plan does not constitute an indication of approval.
B. Procedure.

1. Review:

a. The Planning Department will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Department shall, in compliance with Sec. 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be incorporated into the review.

b. In accordance with section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one of the subjects of the hearing. Notice of the public hearing shall be given in accordance with section IV(B)(2), above. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance

with Sec. 2774 (a) of the Public Resources Code. 2. Approval or Disapproval: The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to sections 2772 and 2773(a) of the Act and section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise, the Commission shall deny the application.

3. Conditions of approval: The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Sec. 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to:

a. The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Sec. 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations section 3500 and following and section 3700 and following, or any successor provisions thereto;

b. The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current sections Sec. 2773.l of the Act and section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms:

(1) Surety bonds;

(2) Irrevocable letters of credit;

(3) Trust funds; and,

(4) Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. c. The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and,

d. A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a "Statement of Responsibility", which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and performance of all aspects of any applicable reclamation plans. Once a party responsible for, or authorized to carry out reclamation has concluded "final reclamation" consistent with the approved reclamation plan, the reclamation plan requirements are fulfilled and the plan no longer runs with the land.

4. Amendments: Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Planning Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive administrative processing and approval by the Planning Department. If, however, in the judgement of the Planning Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection B and the preceding subsection A above. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code.
VI. Legal vested mining operations A. Continuance and modification: Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. B. Special Permit requirements: A person who has obtained a vested right to conduct surface mining operations shall submit an application for a Special Permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Department for review and approval.

The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval.

C. All other requirements applicable: Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plans and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, section 2776 of the Act does not require the reclamation plan to include certain portions of property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances.

VII. Idle Mines. A. Interim management plan: Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current sections 2727.1 and 2770(h)), the operator shall submit to the Planning Department for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan.

B. Term of plan: The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one of the following:

1. Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has complied fully with the interim management plan; or,

2. Require the operator to commence reclamation in accordance with the approved reclamation plan.

C. Financial assurances: Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle.

D. Interim management plan approval: The receipt of an interim management plan by the Planning Department shall be considered and processed as an amendment to the approved reclamation plan. An interim Management Plan for Idle Mines shall be considered a minor amendment to the approved reclamation plan and shall be processed administratively according to subsection A314-36.V.B.4, above. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for purposes of CEQA (Public Resources Code section 21000 and following.)

E. Forfeiture of use permit: The operator of a surface mining operation which has been abandoned, as defined in State or local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan.

VIII. Intermittent operations.

Intermittent operations, as defined in section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an "idle" operation, in which case the provisions governing idle mines apply.

IX. Administration and Enforcement.

A. Time limitation:

1. Use permit and reclamation plan applications: Upon receipt of an application for a use permit and/or a reclamation plan for a surface mining operation, the Planning Department shall notify the applicant within 30 days as to the adequacy and completeness of the application.

2. Time for review: The review procedure, including the holding of the public hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agencies' (except Caltrans) review of the plan, 45 days for the State review of the financial assurances (and for review by Caltrans if the project is located within the one hundred year flood plain or within one mile of a state highway bridge), and 30 days for processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Sec. 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in an automatic approval of the plan or project.

B. Simultaneous processing: Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to a same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that section 2772(b) of the Act requires that "all documentation for the reclamation plan shall be submitted to the lead agency (County) at one time."

C. Public record: Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator.

D. Inspection and review. 1. Inspections: In accord with Sec. 2774(b) of the Public Resources Code, the Planning Director shall cause periodic inspections, but not less than annually, of each active or idle surface mining operation to be made to determine whether the surface mining operation is in compliance

with the Act, State Regulations, this ordinance and any applicable permit conditions. At least annually an inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation's annual report submitted pursuant to Sec. 2207 of the Public Resources Code and Paragraph (E), below.

2. Costs of inspections: The cost of any inspection(s) required by Paragraph (D)(2), above, shall be borne by the operator. In causing the performance of these inspections, the Planning Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection.

E. Annual report: In compliance with section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall include all information required by the Act (see section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Department on or before the anniversary date established by the Director of the State Department.

F. Appeals: Decisions of the Planning Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, appeal to the State Mining and Geology Board in accordance with the provisions of section 2775 of the Public Resources Code.

G. Enforcement: 1. Violation-Public Nuisance: Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. 2. Violation-Noncompliance. a. If the Planning Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Sec. 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County's notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, section 2774.1(a) of the Act.

b. An order issued under this section IX, subparagraph (G)(2)(a), above shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged

violation. Any order issued under the Section cited above shall specify which aspect of the surface mine's activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order.

c. Any operator who violates or fails to comply with an order issued under this section IX, subparagraph (G)(2)(a) above, after the order's effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or section 2207 of the Public Resources Code.

d. Any operator who fails to submit a timely report to the Planning Department pursuant to subsection "E" of this section IX (see above), and Sec. 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection "E" above, and/or Sec. 2207 of the Public Resources Code).

e. If the State Department of Conservation notifies the Planning Department of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Sec. 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and responsibility of administering this Chapter and the State Act and Regulations.

3. Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, use permit revocation proceedings.
X. Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operations authorized by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, section 3700 and following, "Reclamation Standards." A. Access Roads: All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way.

B. Dust Suppression: All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties.

C. Discharge Waters: Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges.

D. Erosion Control: Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, section 391-3 above).

E. Maintenance of Existing Grades: Unless specifically authorized for the purpose of environmental enhancement by the State Department of Fish and Game (and the U.S. Army Corps of Engineers, if necessary), grades and land forms in mined lands shall be maintained in such a manner so as to avoid accumulations of water that will serve as breeding areas for mosquitoes or sites of fish entrapment.

F. Surrounding Water Transmissivity: Excavations which may affect groundwater shall not substantially reduce the quality or quantity of groundwater available in the area surrounding the mined lands. See, section 3710 and following of the current regulations for performance standards.

G. Compliance with Other Jurisdictions: Surface mining operations in areas where other agencies have regulatory jurisdiction shall be operated so as to comply with all applicable rules and Regulations. Other agencies shall include, but not be limited to, the Department of Fish & Game, the North Coast Regional Water Quality Control Board, the California Coastal Commission, and the U.S. Army Corps of Engineers. If the County becomes aware of any operation which is operating in violation of any other agency's permit conditions, or the regulations or laws of another agency, the Planning Department shall notify the other agency(ies) of the violation and request that the agency having jurisdiction take appropriate enforcement action.

XI. Permit Modifications: Any modification granted must be consistent with local, State, and Federal laws and regulations, and, if the modification has any effect on the financial assurances, the change must be submitted to the State Director for review. Additionally, any modifications granted must be reported as an amendment in the annual report required by section 2774(e) of the Act. Any person dissatisfied with the decision of the Planning Director on a request for modifications may appeal the action in accordance with the appeal provisions of the Humboldt County Code. XII. Emergencies: In the event the Board of Supervisors declares a state of emergency pursuant to Government code section 8558, or any successor provision thereto, or if an emergency situation is otherwise declared to exist pursuant to any other provision of section 8558, the provisions of this chapter governing surface mining operations may be temporarily suspended by the Board until such time as the emergency is mitigated. The provisions of this chapter shall be suspended only in those areas directly impacted by the emergency, only during the period of the declared emergency, and only to the extent necessary to mitigate the emergency situation.

 

 

 

A314-37. TEMPORARY USE.

(a) Temporary Uses Permitted with a Special Permit. The following temporary uses may be permitted upon obtaining a special permit, subject to the following conditions:

(1) Temporary Office: One (1) mobilehome may be used as an office appurtenant to, accessory to, and in conjunction with the operation of a mobilehome sales area.

(2) Recreational Use: A recreational vehicle may be used in recreational areas for up to six months by person(s) who have a permanent residence elsewhere.

(3) Employee Housing or Contractor's Office. A mobilehome, recreational vehicle, or office may be used by a construction contractor as employee housing for the duration of a construction project. (Amended by Ord. 2157, Sec. 33, 4/7/98)

(4) Temporary Care: In residential zones that allow mobilehomes, a mobilehome may be set up temporarily where the health and well being of either the property owner or the proposed occupant requires that the mobilehome be on the property, subject to the following:

(a) The mobilehome is occupied by a specific person or people who are related to the property owner;

(b) The Chief Building Inspector approves the proposed setup;

(c) The mobilehome is located on a lot with at least one other dwelling;

(d) The occupants of the existing dwelling must care for the occupant of the proposed temporary mobilehome;

(e) A doctor's statement verifying the applicant's request is submitted; and

(f) The temporary mobilehome shares as many utilities and improvements as possible with the support dwelling; and

(g) The temporary mobilehome is located as close as possible to the support dwelling, but no closer than ten (10) feet from the support dwelling.

(5) Temporary Occupancy: In all zones, a trailer or recreational vehicle may be occupied by an owner-builder during the construction of the owner-builder's permanent dwelling; and in zones that allow mobilehomes, a mobilehome may be occupied by an owner-builder during the construction of the owner-builder's permanent dwelling, subject to the following:

(a) That the trailer, recreational vehicle, or mobilehome is not defined as a nuisance by Title 25 of the California Administrative Code; and

(b) The applicant has a building permit for the permanent residence; and

(c) Any septic system used with the temporary quarters is sized for the permanent residence; and

(d) Any water supply developed on the property is sized for the permanent residence.

(e) The temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued. The Chief Building Inspector may renew the temporary occupancy permit for additional six (6) month periods if he determines that substantial progress is being made on construction of the permanent residence. The temporary occupancy permit shall expire when the building permit expires.

(f) Services shall not be transferred to the permanent residence until the temporary quarters are removed from the property, or converted to a permitted accessory building, or security is established to ensure performance.

(g) The applicant shall sign a document stating that he/she has read and understands the conditions of the permit.

(6) Temporary Storage of Mobilehomes in Zones that Allow Mobilehomes: A mobilehome may be temporarily stored on a parcel, subject to the following:

(a) The applicant is the landowner and has a building permit for the placement of the mobilehome on the subject parcel as a permanent residence; and

(b) The applicant signs a document stating that he or she has read and understands the conditions of the permit.

(7) Construction Support Facilities: Temporary buildings and structures supporting residential development and major construction.

(8) Circus, Carnival, Outdoor Event, or Similar Assemblage of People: The temporary gathering of people for a circus, carnival, or other outdoor event, or similar assemblage of people may be permitted with a special permit in all zones except residential zones.

(9) Uses in New Subdivisions: Temporary uses in new subdivisions and other residential developments which support the sale of dwellings and lots within the same subdivision or residential development.

(10) Christmas Tree Sales: A temporary facility used for the sale of Christmas trees and related items in all zones except residential zones.

(11) Other Temporary Uses: Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in Chapter 3 of this Division.

 

A314-38. WATER WITHDRAWALS FROM ANADROMOUS FISH STREAMS.

(a) Purpose. The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect the identified fish habitat.

(b) Application. The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream.

(c) Limitation of Development Dependent Upon Water Withdrawals. Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on instream flow regimes and coastal resources, such developments shall, over all, maintain in-basin beneficial uses of water, enhance instream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources.

(d) Required Findings. Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 5 are made.

(e) Required Mitigation. Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures:

(1) Minimum stream flows necessary to protect the anadromous stream population shall be maintained;

(2) The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat.

 

A314-39. WIND GENERATING FACILITY.

(a) Purpose. The purpose of these regulations is to provide for the development of wind generating facilities as an alternative energy source, while ensuring that such facilities are not detrimental to public safety, and that associated environmental effects, including adverse visual impacts, are minimized.

(b) Applicability. These regulations shall apply in all zones in which wind generating facilities are permitted.

(c) Permit Review. The following concerns, at a minimum, shall be considered in proposals for wind generation facilities subject to the permit procedures in Chapter 5.

(1) Parcel size;

(2) Relationship to other structures;

(3) Effects on downwind sites;

(4) Compliance with Uniform Building Code and National Electrical Code;

(5) Rotor and tower safety;

(6) Noise; (7) Electromagnetic interference;

(8) Utility notification;

(9) Height;

(10) Liability insurance;

(11) Appearance and design.

(c) Required Findings. Wind Generating Facilities shall be approved only if the applicable Civic Development Impact Findings in Chapter 5 are made.

 

SPECIAL AREA COMBINING REGULATIONS

A314-50. AP - AIRPORT SAFETY REVIEW.

(a) Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports.

(b) Applicability. These regulations shall apply to land designated AP on the Zoning Maps that are described in Sec. 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track or as identified in the Technical Report for the Humboldt County Airports Master Plan.

(c) Permitted Land Use. Table 1 specifies the land uses that are permitted when the AP - Airport Safety Review Zone is combined with a principal zone district.

(d) Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone:

(1) No structure, tree, or other object shall be permitted to exceed the height limits established in Sec. 331 of the Humboldt County Ordinance Code.

(2) Buildings constructed over 35' may be permitted subject to approval of a special permit.

(3) The maximum density in an approach zone is one unit per three acres. A minimum of one (1) dwelling unit per lawfully created lot is permitted, even if this density is exceeded. The special permit process shall be used to retain to the maximum extent feasible the contiguous open space in the approach zone.

Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works.

 

 

 

TABLE 1

 

Beneath

Clear Approach Transitional Flight

Use Zone Zone Zone Track

---------------------------------------------------------------------------------------------

Residential Use Types SP SP A A

having an average

density of less than

10 dwelling units per

acre

Residential Use Types NA SP SP SP

having an average density

of 10 or more dwelling

units per acre

High Occupancy Use Types NA SP A A

whether permanent or

temporary and whether

in or out of a structure

which result in

assemblages of more than

25 persons per acre

(excluding streets)

Structures SP A A A

 

Abbreviations

NA: Developments of this type are not permitted uses in this zone.

SP: Special permit required. Review for consistency with Airport/Land Use Safety Compatibility Criteria.

A: Use permitted consistent with principal zone requirements.

 

 

 

A314-51. G - ALQUIST-PRIOLO FAULT HAZARD.

(a) Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code Sec. 2621 et seq.) in order to address potential hazards resulting from surface faulting or fault creep.

(b) Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands designated "G" on the Zoning Maps, that are within Special Studies Zones delineated on maps by the State Geologist. These regulations shall also apply to lands located within Special Study Zones delineated on maps that are officially adopted, revised or issued by the State Geologist.

(c) Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations.

(d) Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection F.

(e) Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such report is exempt or waived:

(1) Parcel and final map subdivisions, as defined by the Subdivision Map Act;

(2) Construction of any structure for human occupancy;

(3) Alterations or additions to structures for human occupancy the value of which exceeds fifty (50) percent of the value of the structure;

(4) Any change in use or character of occupancy that results in the conversion of a building or structure from one not used for human occupancy to one that is so used.

(f) Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report; (1) Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or mobilehomes, provided that they do not exceed two (2) stories;

(2) Construction, alteration, or addition of four (4) or more single family homes or mobilehomes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision as defined in the Subdivision Map Act, for which a Geologic Fault Evaluation Report has been approved or waived.

(3) Conversion of an existing apartment complex into a condominium.

(4) Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621 et seq.

(g) Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 "Guidelines for Evaluating the Hazard of Surface Fault Rupture. CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports.

(h) Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, "Waiver Procedure for the Alquist-Priolo Act," contained in Special Publication 42 "Fault-Rupture Hazard Zones in California," California Division of Mines and Geology, 3/80. Granting of such a waiver is subject to the approval of the State Geologist.

(i) Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies zone if all of the applicable Public Safety Impact Findings in Chapter 5 are made.

 

 

 

 

A314-52. A - ARCHAEOLOGICAL RESOURCE AREA.

(a) Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources.

(b) Applicability. These regulations shall apply to lands designated "A" on the Zoning Maps, excepting the Shelter Cove area, which include areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer.

(c) Modifications Imposed by the Archaeological Resource Area Regulations. These regulations shall be in addition to regulations imposed by the principal zone, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective or archaeological resources shall apply.

(d) Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following:

(1) Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites;

(2) Provide protective cover for sites that cannot be avoided;

(3) Where appropriate and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted.

(e) Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this subchapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (1) Consultation With Indian Associations: Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites.

(2) Required Mitigation Action: Based upon the information and recommendations received during the above review, the project application shall be acted on in a manner that provides the best feasible protection to cultural sites.

 

 

 

A314-53. A - SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS

FOR SHELTER COVE.

(a) Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove.

(b) Applicability. These regulations for Shelter Cove shall apply to lands designated "A" of the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer.

(c) Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply.

(d) Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following:

(1) Site planned improvements to avoid or mitigate impacts on archaeological sites;

(2) Provide protective cover for sites that cannot be avoided;

(3) Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by (a) professional archaeologist(s) shall be permitted.

(e) Procedures for Determining Required Mitigation. (1) Prior to final development approval or authorization, the County shall condition the coastal development permit to include an agreement to stop work in the event of inadvertent discovery of any archaeological resources encountered during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered.

(2) The above stop work agreement requirement may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate.

(3) On lands designated "A" on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources.

(4) Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources.

(5) Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups.

(6) The plan of excavation shall:

(a) Be prepared by a qualified archaeologist;

(b) Be compatible with preservation and recovery work on adjacent lots;

(c) Be based on a review of area specific literature;

(d) Be peer reviewed by above mentioned referral agencies;

(e) Be a brief summary of the excavation proposed as part of a mitigation plan;

(f) List and briefly discuss the important information the archaeological resources container or are likely to contain;

(g) Explain how the information should be recovered to be useful in addressing scientifically valid research questions and other concerns identified in subdivision (a);

(h) Explain the methods of analysis and, if feasible, display of excavated materials;

(i) Provide for final report preparation and distribution;

(j) Explain the estimated cost of and time required to complete all activities undertaken under the plan; and

(k) Be available for review only on a need-to-know basis.

(7) Where the cost of carrying out the excavation is not feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review.

 

 

 

A314-54. E - COASTAL ELK HABITAT.

(a) Purpose. The purpose of these regulations is to ensure that development within elk habitat is compatible with such habitat areas and are sited and designed to mitigate impacts which would significantly degrade such habitat.

(b) Applicability. These regulations shall apply to all lands designated "E" on the Zoning Maps.

(c) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans within coastal elk habitat areas. The Agency is to respond within ten (10) days of the referral.

(d) Required Findings. A coastal development permit for lands within coastal elk habitat areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 5 are made.

(e) Required Mitigation. The following mitigation measures shall be required for all development within coastal elk habitat areas:

The development shall be sited and designed so as to mitigate the impacts which would significantly degrade such habitat areas.

 

 

A314-55. C - COASTAL RESOURCE DEPENDENT.

(a) Purpose. The purpose of these provisions is to establish regulations to protect coastal wetlands and to provide for the development of upland areas adjacent to wetlands consistent with resource protection, and where feasible, resource enhancement.

(b) Applicability. These regulations shall apply to land designated "C" on the Zoning Maps.

(c) Modifications Imposed by the Resource Dependent Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of the wetland resources shall apply.

(d) Principal Permitted Uses. Notwithstanding the regulations imposed by the principal zones, principal permitted development shall be limited to:

(1) Agricultural Use Type General Agriculture (2) Industrial Use Type Aquaculture (3) Natural Resource Use Types Coastal Access Facilities

Fish and Wildlife Habitat Management

Wetland Restoration

(4) Minor alterations or repairs to existing structures or facilities. (e) Conditionally Permitted Development in All Zones Combined with Coastal Resource Dependent. Conditionally permitted use types as provided in the Principal Zone (RM, CG, MC, etc.) may be permitted if consistent with Wetland Regulations and Transitional Agricultural Lands Regulations, as applicable.

 

A314-56. W - COASTAL WETLAND.

(a) Purpose. The purpose of these provisions is to establish regulations to provide that any development in coastal wetlands will not degrade the wetland, but will maintain optimum populations of marine or freshwater organisms and, where feasible, will enhance wetland resources.

(b) Applicability of the Wetland Area Regulations. The Wetland Area Regulations shall apply to lands containing wetlands designated "W" on the Zoning Maps, and to unmapped wetlands. These regulations shall not apply to lands designated "T - Transitional Agricultural Lands," which are subject to the Coastal Transitional Agricultural Lands Regulations.

(c) Modifications Imposed by the Wetland Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area regulations, wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. Development requiring mitigation are also subject to supplemental application and review requirements in Chapter 5 of these regulations.

(d) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within wetlands. The Agency is to respond within ten (10) days of the referral.

(e) Diking, Filling and Dredging. Permitted diking, filling and dredging shall be limited to the following developments:

(1) Wetland restoration;

(2) Hunting blinds and similar minor facilities;

(3) In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide access and recreation opportunities.

(4) In wetland areas only, entrance channels for new or expanded boating facilities.

(5) Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

(6) Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans;

(7) Aquaculture; however, upland support facilities that are not coastal dependents shall not be located within designated Wetland Areas.

(8) Coastal Dependent Industrial Use Types subject to the Coastal Dependent Development Regulations at Section A314-5.

(f) Filling of Pocket Marshes. (1) Within the Humboldt Bay Planning Area, fill for development not specifically listed in sub-Section A314-56E may be permitted only if all of the Pocket Marsh Findings in Chapter 5 are made.

(2) Required Mitigation:

(a) Restoration of an area to mitigate for the fill shall occur at a site which is contiguous or adjacent to a wetland area and which would provide significant fish and wildlife habitat benefits.

(b) Mitigation must be consistent with the Required Mitigation regulations of this section.

(g) Filling of Dune Hollows. Permitted filling of dune hollow wetlands located on the North Spit of Humboldt Bay shall be limited to the following: (1) Wetland restoration;

(2) Hunting blinds and similar minor facilities;

(3) In estuaries, maintenance and improvement of boating facilities and minor alterations to existing facilities, allowable consistent with Public Resources Code Sec. 30233;

(4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines;

(5) Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans;

(6) Aquaculture; however, upland support facilities including steel or concrete holding tanks and raceways, administrative buildings, and parking facilities may not be located within dune hollow wetland areas;

(7) Coastal Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Regulations; and

(8) Expansion of existing industrial facilities.

(h) Required Findings. The diking, filling, and dredging of wetlands shall be permitted only if the applicable Resource Protection Impact Findings in Chapter 5 are made.

(i) Required Mitigation.

(1) If the project involves dredging, mitigation measures must

include at least the following:

(a) Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation.

(b) Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems.

(2) If the project involves diking or filling of a wetland, required minimum mitigation measures shall include the following;

(a) Either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action.

i. A restoration plan shall be prepared pursuant to the Wetland Restoration Plan Procedures in Chapter 5 of these regulations, which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity.

ii. The mitigation site shall be purchased before the dike or fill development may proceed.

iii. The site shall be protected permanently through the dedication of the land to a public agency capable of managing the resource or through open space easements or similar restrictions.

iv. The restoration plan shall provide for appropriate public access to the restoration site.

(b) Where no appropriate restoration sites are available, an in-lieu fee shall be required and paid to an appropriate public agency which is of sufficient value for the purchase and restoration of an area of equivalent productive value or equivalent surface area.

(3) Mitigation measures shall not be required for temporary or short-term fill or diking, if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. For the purposes of this section, short-term generally means that the fill or dikes would be removed immediately upon completion of the construction of the project necessitating the short-term fill or diking.

 

A314-57. D - DESIGN REVIEW.

(a) Purpose. The purpose of these regulations is to provide design review for conformance of new development with the policies and standards of the General Plan, and to provide for a design review process where neighborhoods within the same zone district desire to preserve or enhance the area's historical, cultural or scenic values.

(b) Applicability. These regulations shall apply to lands designated "D" on the Zoning Map.

(c) Coastal Development Permit Required. A coastal development permit is required for all development subject to the regulations except that the following development shall be exempt from coastal development permit requirements for design review: (Amended by Ord. 2157, Sec. 34, 4/7/98)

(1) Additions to existing structures that meet all the criteria listed below: (Amended by Ord. 2157, Sec. 34, 4/7/98)

(a) The addition is solar collectors for on-site use (Amended by Ord. 2157, Sec. 34, 4/7/98)

(b) The addition would result in an increase of 10 percent or less of floor area to the structure. The percentage increase shall include any previous additions that have been exempted from

design review pursuant to this section, and (Amended by Ord. 2157, Sec. 34, 4/7/98)

(c) The addition does not increase the height of the structure

by more than 10 percent, and (Amended by Ord. 2157, Sec. 34, 4/7/98)

(d) The addition is not located on a beach, wetland, within

50 feet of a coastal bluff or coastal stream, seaward of

the mean high tide line, or in a coastal scenic or coastal

view area, and (Amended by Ord. 2157, Sec. 34, 4/7/98)

(2) Installation or removal of windows, doors or siding material

provided that new siding material is non-reflective. (Amended by Ord. 2157, Sec. 34, 4/7/98)

The application for the permit shall be accompanied by a fee in the amount as established by ordinance or resolution of the Board of Supervisors. (Amended by Ord. 2157, Sec. 34, 4/7/98)

Development exempt from coastal development permit requirements for design review shall be consistent with all other requirements of this chapter and any applicable permit. (Amended by Ord. 2157, Sec. 34, 4/7/98)

(d) Appointment and Composition of the Design Review Committee. The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee shall not exceed five (5) persons. In the absence of any Board of Supervisors' approved representatives, the Planning Director shall be the reviewing authority.

(e) Design Review Standards. Buildings, sites, structures, signs, landscaping, and similar development will be consistent with the policies of the General Plan and this Division, and the Design Review Committee shall take the following items under consideration in reviewing development plans:

(1) The project is consistent and compatible with applicable elements of the General Plan. (a) Within designated Coastal Scenic Areas, as mapped, measures are included in the project design so that it will be subordinate to the character of the surrounding setting;

(b) Within designated Coastal View Areas, as mapped, and where views from the public roads to the coast or coastal waterways are of concern, the height, width, and siting of structures, including setbacks from roads and parcel lines will be considered to retain as much of the existing view as possible; views from public trails, beaches, or public recreation areas into the development site will also be considered.

(c) Within Shelter Cove designated Coastal View areas, building heights may be increased one (1) foot for each two (2) feet of total additional side yard that is provided in excess of the required five (5) feet side yards, to a maximum allowable height of 24 feet; or, in order to provide an alternate method of providing view corridors, one side yard may be reduced to a minimum of zero feet where:

i. The opposite side yard provides equals ten (10) feet; and

ii. The adjacent property owner along the side yard being reduced agrees to a similar reduction along the common lot line; and

iii. The adjacent dwellings can meet building and energy code requirements for structures which are separate by less than ten (10) feet.
(2) Protection of natural land forms through minimizing alterations caused by cutting, filling, grading or clearing, except to comply with fire hazard reduction laws.

(3) Exterior lighting that will be compatible with the surrounding setting and will not be directed beyond the boundaries of the parcel.

(4) Screening or softening the visual impact of new development through the use of vegetative plantings; if appropriate, species common to the area should be used. Known fire resistive plants should be considered where appropriate.

(5) Where feasible, new utilities should be underground. When above-ground facilities are the only feasible alternative, they should be sited as unobtrusively as possible.

(6) Setbacks from roads and property lines area appropriate to protect the scenic and visual qualities of the site and area.

(7) Off-premises signs, which are needed to direct visitors to permitted commercial recreation areas should be attractively designed in keeping with the surrounding setting and clustered at appropriate locations.

(f) Restrictions Applicable Within Designated Coastal View Areas. Within Coastal View Areas, as designated by the General Plan, new off-site signs are prohibited.

(g) Required Findings for Designated Coastal Scenic and Coastal View Areas. A Coastal Development Permit for development located within a designated Coastal Scenic or Coastal View Area shall only be approved if the applicable Resource Protection Impact Findings in Chapter 5 are made.

(h) Additional Standards Applicable to Shelter Cove Portions of South Coast Area Plan.

(1) Building Structural Design Standards

(a) Residences must be constructed to a minimum width of twenty (20) feet at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences.

(b) Foundations must be designed to meet the Uniform Building Code requirements of seismic zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to slopes or site conditions shall be exempt from this provision.

(c) A minimum roof overhang of twelve (12) inches (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process.

(d) Exterior walls and roofing materials of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer's warranty certifying a minimum life of fifteen (15) years. Flammable roofing material such as wood shakes or shingles are not recommended. (Revised by Ord. 1913 ' 2, 10/30/90)

 

 

A314-58. B - DUNE AND BEACH AREAS.

(a) Purpose. The purpose of these regulations is to ensure that any development permitted in coastal beach and dune areas, as designated in the Coastal Land Use Plan Resource Protection Maps, will not detract from its natural resource value or its potential for providing recreational opportunity.

(b) Applicability. These regulations shall apply to lands containing dunes or beaches designated AB@ on the Zoning Maps.

(c) Modifications Imposed by the Dune and Beach Areas Regulations. These regulations shall be in addition to regulations imposed by the principal zone, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of dune and beach resources shall apply.

(d) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within dunes and beaches areas. The Agency shall respond within ten (10) days of the referral.

(e) Restrictions on Permitted Development. Except as otherwise provided in this section, new development within designated Dune and Beach Areas that is also designated NR Natural Resources in the applicable land use plan shall be restricted to the following:

(1) Nature study;

(2) Fish and wildlife habitat management;

(3) Hunting, fishing and development of minor facilities such as hunting blinds;

(4) Access facilities;

(5) Sand removal from unvegetated dunes for safety purposes or to protect existing development and agricultural lands;

(6) Dredge spoils disposal;

(7) The siting of the following facilities when there is no less environmentally damaging alternative, and environmental damage is minimized;

(a) Electric distribution and water lines, and other utility lines;

(b) Underground utilities;

(c) Oil and gas pipelines;

(d) Pipeline construction for surf zone disposal of dredge spoils;

(e) Ocean outfall and intake pipelines;

(f) Public roadway projects consistent with the Coastal Land Use Plans.

(f) Exceptions to Permitted Development Provisions. Notwithstanding the general provisions of this section, the following development is permitted in the indicated geographic locations: (1) Humboldt Bay Area Plan: Caretaker's Residence - an ancillary residence to be occupied by either the property owner or caretaker.

(2) Parking Facilities for Coastal Dependent Industrial Development: On the West side of New Navy Base Road, when located between the north end of the Eureka airstrip and Samoa and when public parking for access to the beach is also provided.

(g) Required Findings. Coastal development permits for Dune and Beach Areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 5 are made.

(h) Required Mitigation. The following mitigation shall be required for all new developments within beach and dune areas:

(1) Minimize disturbance of vegetated dunes;

(2) Replant vegetation in disturbed habitat areas;

(3) Provide measures to control wind blown sand; and

(4) If Menzies' wallflowers are adversely impacted, the mitigation shall include protection, and if appropriate, restoration of Menzie's wallflower habitat off of the project site.

 

 

 

A314-59. F - FLOOD HAZARD AREAS.

(a) Purpose. The purpose of these regulations is to minimize public and private losses due to flood and tsunami conditions in specific areas of the County.

(b) Applicability. These regulations shall apply to all areas designated "F" on the Zoning Maps and to all lands situated within the areas of special flood hazard as identified on the Federal Insurance Administration's Federal Insurance Rate Maps (FIRM) for Humboldt County. As applicable, these regulations also apply to all lands located below the level of the 100-year tsunami run-up elevations described in Tsunami Predictions for the West Coast of the Continental United States (Technical Report H-78-26 by the Army Corps of Engineers).

(c) Modifications Imposed by Flood Hazard Regulations. These regulations shall be in addition to the requirements imposed by the principal zones, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations the most restrictive regulation shall apply.

(d) Prohibited New Development within the 100-Year Floodway and Floodplain. New development within the 100-year floodway and floodplain shall be restricted as follows:

(1) Within designated floodways the following is prohibited: Residential Use Type

Mobilehome Parks

(2) Within both designated floodways and floodplains the following use types are prohibited: Civic Use Types

Essential Services

Health Care Services

Transportation Facilities

Extensive Impact Civic Use

Solid Waste Disposal

Industrial Use Type

Hazardous Industrial

(e) Permitted Development in Tsunami Run-up Areas. New development below the level of the 100-year tsunami run-up elevation shall be limited to public access, boating, and public recreation facilities, agriculture, wildlife management, habitat restoration, ocean outtakes and infalls, pipelines, and dredge spoils disposal.

 

 

 

A314-60. N - NOISE IMPACT.

(a) Purpose. The purpose of these provisions is to establish regulations to maintain low exposure levels to noise associated with airports and major roads within single family and multi-family structures and within structures designed for transient habitation.

(b) Applicability. The Noise Impact Regulations shall apply to lands designated "N" on the Zoning Maps that are located within areas mapped by the General Plan to have a noise exposure level of equal to or in excess of 60 dB CNEL-Ldn.

(c) Modifications Imposed by the Noise Impact Regulations. The provisions of the Noise Impact Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations.

(d) Prohibited Development. Within areas above the 60 dB CNEL-Ldn level placement of mobilehomes is prohibited.

(e) Building Standards to Reduce Interior Noise Levels Required. Building standards to reduce interior noise levels are required to limit noise levels to 45 dB CNEL-Ldn in all habitable rooms. New construction of single family and multi-family structures and structures designed for transient habitation shall conform to the applicable requirements of the Humboldt County Building Code.

 

 

 

A314-61. 0 - OFFSHORE ROCKS AND ROCKY INTERTIDAL AREAS.

(a) Purpose. The purpose of these regulations is to protect rocky intertidal habitats and rocky marine habitats from developments and uses which would significantly degrade their resource values.

(b) Applicability. The Rocky Intertidal Area Regulations shall apply to lands designated "O" on the Zoning Maps.

(c) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans which may impact offshore rocks and rocky intertidal areas. The Agency shall respond, within ten (10) days of the referral.

(d) Required Findings. A coastal development permit for development proposed adjacent to or within offshore rocks and rocky intertidal areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 5 are made.

 

(e) Required Mitigation. The following mitigation measure shall be required for all development proposed adjacent to or within offshore rocks and rocky intertidal areas;

The development shall be sited and designed to mitigate impacts which would significantly degrade such marine resources.

 

 

A314-62. P - PLANNED UNIT DEVELOPMENT.

(a) Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this Division for the purpose of:

(1) Permitted more flexibility to cope with difficulties due to topography and other natural or man made features;

(2) Provide for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services;

(3) Encourage a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made; (Amended by Ord. 2157, Sec. 35, 4/7/98)

(b) Applicability. (1) The regulations shall apply to areas designated "P" on the Zoning Maps.

(2) These regulations may be applied where any of the following conditions prevail, provided Planning Director and the applicant agree that to do so would be in the public interest and best interests of the applicant:

(a) Any site where more than four (4) dwelling units, commercial buildings or industrial buildings or combination thereof are proposed;

(b) The development proposal is within a residential zone and includes residential and non-residential development;

(c) Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan.

(c) Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of 20,000 square feet or larger.

(d) Use Types Permitted. The principally permitted use types in the applicable zoning district shall also be permitted in the Planned Unit Development. Conditionally permitted use types may be permitted with a use permit.

(e) Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications:

(1) Residential Density Standards: (a) Applicable residential density standards may be increased by as much as twenty five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Amended by Ord. 2157, Sec. 35, 4/7/98)

- They must be useable and available to occupants of the PUD. (Amended by Ord. 2157, Sec. 35, 4/7/98)

- They must average at least 100' in width. (Amended by Ord. 2157, Sec. 35, 4/7/98)

- At least one half (1/2) of the required open space shall have an overall finished grade not to exceed ten

percent (10%) and shall be suitably improved for its

Intended purpose. (Amended by Ord. 2157, Sec. 35, 4/7/98)

- All lawn and landscaped areas within the required common open space shall be provided with a permanent

watering system adequate to maintain such areas in a

healthy condition. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(b) The 25% density bonus limit in paragraph (a) above is the

maximum density bonus permitted; it may not be combined with any other density bonus allowed by County or State regulations

if densities greater than 25% would result. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(c) If development is to be accomplished in stages, the development shall coordinate the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(d) Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(e) The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(f) Areas no designated for residential development in the General Plan shall not be included in calculation permitted densities. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(2) Lot Size Standards: The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are met.

(3) Lot Coverage Standards: The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development.

(4) Setback Standards: The applicable setback standards may be modified provided:

(a) Lot coverage requirements herein are met;

(b) Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone;

(5) Permitted Principal Building Types: The applicable Building Type requirements shall apply except that the Hearing Officer may permit other Building Types as part of an approval of the Planned Unit Development Permit.

(f) Design Guidelines.

These guidelines shall be considered by architects, engineers, and other

persons involved in designing Planned Unit developments, and by the Planning Commission and Board of Supervisors in reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well designed project, there is general agreement on a number of basic design principles, which are enumerated below. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(1) Natural Considerations

The starting point in any design should be maintenance of the prominent natural features of the site. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Amended by Ord. 2157, Sec. 35, 4/7/98)

New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Amended by Ord. 2157, Sec. 35, 4/7/98)

To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Natural slopes in excess of twenty-five percent should remain undisturbed. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(2) Circulation Considerations Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Where residential road construction of a two lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turn arounds may be permitted. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(3) Parking Considerations Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Shared parking areas such as parking courtyards are encouraged. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Whenever possible, parking areas should be placed at the side or

back of a building. (Amended by Ord. 2157, Sec. 35, 4/7/98)

To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four vehicles. (Amended by Ord. 2157, Sec. 35, 4/7/98)

If a parking lot for five cars is within 20 feet of a street property line, a landscaped strip at least five feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking. (Amended by Ord. 2157, Sec. 35, 4/7/98)

A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Amended by Ord. 2157, Sec. 35, 4/7/98)

To avoid unwarranted noise or light, no parking lot for five or more cars should allow the front of parked cars to be within fifteen feet of the front of a living unit. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(4) Architectural Considerations

Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design, the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(5) Other considerations

Landscaping should be used to enhance privacy, and to give visual order to the development. (Amended by Ord. 2157, Sec. 35, 4/7/98)

All multifamily units of four or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four-plex, and one additional washer/dryer for each additional sex units, although family units will probably require more. (Amended by Ord. 2157, Sec. 35, 4/7/98)

One or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screen off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Amended by Ord. 2157, Sec. 35, 4/7/98)

All utilities should be placed underground. (Amended by Ord. 2157, Sec. 35, 4/7/98)

Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Amended by Ord. 2157, Sec. 35, 4/7/98)

(g) Circulation. (1) Access: Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to direct access. Entrances and exits for automotive vehicles shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes.

(2) Internal Circulation: Roads, pedestrians and bikeway paths shall be an integrated system designed to provide efficient safe circulation to all uses. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted.

Developments should be designed to minimize the length of road and encourage smooth traffic flow with controlled turning movements and minimize hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. Developments should be designed to minimize the length of roadway.

(3) Siting of Roadways and Parking Areas: Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills.

(4) Parking Standards: The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development:
 

(a) Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking Regulations.

(b) Off-Street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that:

i. Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and

ii. Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units.
 

(5) Recreation Vehicle Parking: Sufficient parking space may be required for storage of residents' recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties.

 

(h) Utilities. In addition to other requirements set forth herein, the following shall apply: (1) All utilities shall be approved by the appropriate agencies;

(2) All utility services should be placed underground, if required by the appropriate agencies;

(3) Provisions shall be made for fire prevention, including service waterlines, and free emergency access for firefighting equipment around buildings;

(4) Provisions shall be made for control of site storm water drainage.

(i) Owners Association. A non-profit incorporated owners association or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas.
    A314-63. R - STREAMS AND RIPARIAN CORRIDORS PROTECTION. (a) Purpose. The purpose of these regulations is to provide for the maintenance, enhancement, and, where feasible, restoration of water resources by restricting development, and by minimizing adverse effects of runoff, interference with surface waterflow, and alteration of natural streams, and by protecting riparian habitats. (b) Applicability. These regulations shall apply to: (1) All streams, riparian corridors and riparian forests designated "R" on the Zoning Maps;

(2) All perennial and intermittent streams as delineated on U.S. Geological Survey 7.5 minute quadranges quadrangles.

(3) All riparian lands and coastal streams listed in the Coastal Land Use Plan.

Additional stream protection regulations, in Chapter 5, Findings apply specifically to the Coastal Zone segments of the Mad and Eel Rivers. (c) Modifications Imposed by the Streams and Riparian Corridors

Protection Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulation regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.

(d) Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within stream channels and riparian corridors. The Agency is to respond within ten (10) days of the referral.

(e) Permitted Development within Coastal Stream Channels. New development within stream channels located within the County's Coastal zone, shall be limited to the following uses:

(1) Wetlands, fishery, and wildlife enhancement and restoration projects and small hydroelectric generating facilities;

(2) Pipelines, utility lines, municipal water systems, wells in rural areas, and incidental public service purposes;

(3) Road crossings, consistent with the provisions of Chapter 5, Findings.

(4) Maintenance dredging for flood control and drainage purposes consistent with the Transitional Agricultural Land Use regulations.

(5) Maintenance of levees, roads, dikes, drainage channels, flood gates and tidegates including replacement;

(6) Construction of new fences, so long as it would not impede the natural drainage;

(7) Bank protection, surface mining, and other development consistent with the provisions in the subsection Permitted Development and Uses Within Riparian Corridors and Forests.

(f) Definition of Coastal Riparian Corridors and Forests. For purposes of these regulations, riparian corridors on all perennial and intermittent streams located within the County's coastal zone, shall be defined as one of the following:

(1) The larger of: (a) A minimum setback of 100 feet on both sides of the stream, as measured horizontally from the stream transition lines;

(b) A minimum setback of fifty (50) feet plus four (4) times the average percent of slope on both sides, as measured horizontally along the slope perpendicular to the stream transition lines; up to a maximum of 200 feet from the stream transition line on both sides of the streams;

(c) Where significant areas of riparian vegetation, landslides and areas of slope instability exist adjacent to riparian corridors, as defined in accordance with the setbacks required in (a) and (b) above, the riparian corridors shall be expanded to include such areas to a maximum setback of 200 feet from the stream transition lines; or

(d) Along the Eel River and within riparian forests mapped in the Eel River Area Plan, 200 feet measured as the horizontal distance from the stream transition line;

(2) If either the County or the landowner requests, they may agree to expand the width of the riparian corridor to protect significant areas of vegetation or special habitat areas adjacent to the corridor described above.

(3) The width of the riparian corridor, as described above, may be reduced where such a reduction would not result in the removal of the woody vegetation, and the County determines, based on specific factual findings, that a reduction of the corridor width will not result in a significant adverse impact to the habitat.

(g) Permitted Development and Uses Within Riparian Corridors and Forests. (1) Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Improvement Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP) shall be exempt from requirements of this section.

(2) New development within riparian corridors shall be limited to:

(a) Maintenance dredging for flood control and drainage purposes consistent with the Transitional Agricultural Land regulations;

(b) Maintenance of flood control structures, roads, fences, drainage channels, levees, flood gates, and tide gates, including replacement;

(c) Wells in rural areas;

(d) Replacement or construction of roads, bridges, pipelines, electrical utility lines, municipal water systems, incidental public service purposes, provided that the length of the facilities within the riparian corridor shall be minimized, where feasible, by rights-of-way which cross streams at right angles and do not parallel streams within the riparian corridor;

(e) Removal of trees for disease control, or public safety purposes, or for firewood for personal use;

(f) New fences, as long as they do not impede natural drainage or would not adversely affect the stream environment or wildlife.

(g) Timber management activities, provided:

i. In precommercial thinning and release activities, that at least fifty (50) percent of the treecrown canopy and fifty (50) percent of other vegetation present before management operations shall be left standing. If either the County or the landowner requests, they may agree, after an on the ground inspection, to increase these percentages to protect special habitat values.

ii. Follow-up treatments or other timber management activities which affect the tree canopy shall be permitted only when the canopy has been sufficiently re-established to prevent substantial adverse effects on soil erosion, wildlife, aquatic life, or the beneficial uses of water, these activities shall maintain a tree canopy similar to that which existed upon the completion of the initial thinning or release.

iii. In all timber management activities, including precommercial thinning, release activities, and site preparation, that heavy equipment shall be excluded from any area within fifty (50) feet, measured as a slope distance, from the stream transition line and shall not be permitted in other portions of the riparian corridor except where justified as the least environmentally damaging feasible alternative.

iv. All activities shall be consistent with Timber Harvest Rules of the Board of Forestry applicable to the protection of aquatic life and water quality.

v. Timber management proposals in conformance with the above listed requirements shall be prepared by a registered professional forester.

(h) Timber harvests of merchantable timber eighteen (18) inches in diameter, measured at four and one half feet (4-1/2') vertically above the ground, or greater provided that timber harvest practices shall be consistent with those permitted the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a registered professional forester.
(3) Within riparian forests in the Eel River Planning Area:

Conversion to agriculture is permitted on soils that are shown to be Class I or Class II, provided that a minimum 200 foot buffer of woody riparian vegetation remains between the boundaries of converted areas and the stream transition line.

(h) Required Findings. A coastal development permit for development or activity within stream channels and riparian corridors shall be approved only if the applicable Resource Protection and Impact Findings in Chapter 5 are made.

(i) Required Mitigation. The best feasible measures to mitigate adverse environmental effects of development within riparian corridors shall be provided, and shall, at a minimum, include the following:

(1) Replanting of disturbed areas with riparian vegetation; or posting of a performance bond guaranteeing re-establishment of natural vegetation within two (2) years, to the satisfaction of the Hearing Officer.

(2) Retaining snags, unless removal is required by CAL-OSHA regulations or for stream bank protection;

(3) Retaining live trees with visible evidence of current use as nesting sites by hawks, owls, eagles, osprey, herons or egrets.
 

 
A314-63.1. BANK PROTECTION PERMITTED ON THE MAD AND EEL RIVERS. (a) Protection measures for the Mad and Eel River banks shall be permitted for the following purposes: (1) Maintenance of necessary public or private roads;

(2) Maintenance of existing levees and dikes;

(3) Protection of principal structures in danger due to erosion;

(4) Protection of lands zoned AE Agricultural Exclusive from erosion.

(b) Types of Bank Protection Measures Permitted. The bank protection measures permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking for protection measures wherever feasible. The preference ranking for permitted protection measures shall be as follows: (1) Piling fence;

(2) Rock hard points;

(3) Continuous revetment.

(c) Required Mitigation for Bank Protection Projects. Bank protection projects employing rock hard points or continuous revetment shall incorporate, as a minimum, the following mitigation measures: (1) Bank protection projects, including design and materials, shall minimize adverse effects on fisheries, wildlife and recreation;

(2) Where feasible, riparian vegetation shall be planted and maintained within the riparian corridor up to 200 feet landward of the bank protection project throughout its length.

 

A314-64. T - TRANSITIONAL AGRICULTURAL LANDS. (a) Purpose. The purpose of these regulations is to permit agricultural use as a principal permitted use while providing that development in transitional agricultural lands is conducted in such a manner as to maintain long-term wetland habitat values and minimize short term habitat degradation within these environmentally sensitive habitat areas.

(b) Applicability. These regulations shall apply to land containing transitional agricultural land designated "T" on the Zoning Maps and to unmapped areas as defined in Chapter 2. These regulations shall not apply to lands designated "W - Wetland", which are subject to the Wetland Area Regulations.

(c) Determination of Transitional Agricultural Land Boundary. (1) The following criteria shall be used to determine the upland boundary of transitional agricultural land: (a) Either the boundary of a clearly defined slough which is periodically covered with standing water;

(b) The boundary of the area which would be below tidal elevations (plus five (+5) feet above mean sea level) if tidegates, dikes, or other drainage works were not in place; or

(c) As determined pursuant to the requirements of the Transitional Agricultural Land Boundary Adjustment of this section.

(d) Transitional Agricultural Land Boundary Adjustment. (1) If any party claims that lands (or portions of lands) below the plus five (+5) foot elevation (above mean sea level) are not Transitional Agricultural Lands, the burden of proof thereof rests upon said party.

(2) If any party claims that lands (or portions of lands) above the plus five (+5) foot elevation (above mean sea level) are Transitional Agricultural Lands, the burden of proof thereof rests upon said party.

(3) In any dispute under (1) or (2) above, the factors to be considered shall include but not be limited to a review and analysis of the boundary of the wetland prior to alteration for agricultural use, as indicated by soils maps, elevation, or historic information, including maps photographs.

(e) Areas Excluded from Transitional Agricultural Lands. Notwithstanding the Determination of Transitional Agricultural Land Boundary or the Transitional Agricultural Land Boundary Adjustment Regulations of this section, any areas with drained or filled hydric soils that are no longer capable of supporting a predominance of hydrophytes shall not

be considered transitional agricultural lands and these areas are exempt from the requirements of this section.

(f) Transitional Agricultural Land Boundary Adjustment. Any dispute or uncertainty regarding the precise locations of boundaries of the Transitional Agricultural Land designation shall be resolved in accordance with the Procedure for Boundary Adjustment of Sensitive Habitat Areas in Chapter 5.

(g) Modifications Imposed by the Transitional Agricultural Land Regulations. The provisions of the Transitional Agricultural Land Regulations shall be in addition to regulations imposed by the Principal Zones, Development Regulations, and other Special Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply.

(h) Consultation with Agencies. In reviewing applications for new agricultural development within Transitional Agricultural Land, the County shall cooperate closely with the Coastal Commission, the Department of Fish and Game, Agricultural Stabilization and Soil Conservation Service, Agricultural Extension, and farm organizations. Agencies commenting on proposed development within Transitional Agricultural Lands shall be requested to respond to the Planning Department within ten (10) days of the receipt of the notice.

(i) Permitted Diking and Filling. Permitted diking and filling shall be limited to the following developments:

(1) Principal permitted uses in the AE Agricultural Exclusive zone.

(2) Construction of spillways and modification and repair of existing dikes threatened by erosion. Modification of dikes includes minor relocation where, for example, a river changes course necessitating relocation of the dike landward or seaward, provided however, that there is no significant increase in gross acreage under cultivation.

(3) Oil and gas wells, subject to the Oil and Gas Drilling and Processing Regulations.

(4) Incidental public service purposes.

(5) Wetland restoration.

(j) Permitted Dredging. Dredging in Transitional Agricultural land shall be limited to: (1) Pipelines, transmission lines and incidental public service purposes;

(2) Maintenance of levees, roads, fences, dikes, drainage channels, flood gates, and tidegates including replacement:;

(3) Maintenance dredging for flood control and drainage purposes; and

(4) Wetlands, fishery and wildlife enhancement, and restoration projects.

(k) Land Divisions. Notwithstanding the provisions of the Land Division regulations to the contrary, no division of Transitional Agricultural Lands shall be permitted which would create a new parcel of less than sixty (60) acres which consists entirely of designated Transitional Agricultural Lands, except where the division is necessary for a wetland restoration project. Divisions of less than sixty (60) acres may be permitted where the division would be necessary for a wetland restoration project.

(l) Findings Required. Prior to approval of new development within Transitional Agricultural Lands, the applicable Resource Protection Impact Findings shall be made.

(m) Required Mitigations. The following mitigations shall be required for all development, as applicable: (1) Where feasible, new structures shall be sited 100 feet from the edge of tidal or non-tidal sloughs;

(2) Where feasible, new structures shall be clustered adjacent to existing structures.

(3) Road crossings of sloughs, channels and ditches shall be by culvert or bridge. All crossings may require a stream alteration agreement with the California Department of Fish and Game.

(4) Any dikes or fill constructed as a part of an oil and gas development shall be removed upon completion of the activity and the site revegetated to its former condition.

(5) Diking or fill constructed as a part of oil and gas well construction shall be mitigated consistent with the mitigation requirements of the Coastal Wetland regulations.
 

 
A314-65. V-Vacation Home Rental

A. Purpose. The purpose of these regulations is to increase and enhance coastal public access, access to other County visitor serving facilities, to preserve the residential character of neighborhoods by controlling and regulating transient uses which may be incompatible with the character of the neighborhood. (Added by Ord. 2153, Sec. 1, 12/9/97)

B. Applicability. These regulations shall apply to all lands designated "V" on the zoning maps. (Added by Ord. 2153, Sec. 1, 12/9/97)

C. Principally Permitted Uses. The following use types may be permitted upon obtaining a Special Permit on all lands designated with the "V" or Vacation Home Rental combining zone: (Added by Ord. 2153, Sec. 1, 12/9/97)

(1) Residential Use Type

Vacation Home Rentals

D. Performance Standards. All vacation home rentals are subject to the following performance standards: (Added by Ord. 2153, Sec. 1, 12/9/97)

(1) Compliance with residential parking standards as required by Section 316-13 of this code; (Added by Ord. 2153, Sec. 1, 12/9/97)

(2) The number of occupants shall not exceed ten (10) persons. (Added by Ord. 2153, Sec. 1, 12/9/97)

(3) Availability of the rental unit to the public shall not be advertised on-site; (Added by Ord. 2153, Sec. 1, 12/9/97)

(4) Owners of rental units must provide the name, address and telephone number of a contact person for the unit to all occupied residences within a 300 foot radius of the rental unit. The notice shall be mailed to property owners prior to renting the unit and thereafter as contact information changes. An owner of a rental unit who does not reside in a five mile radius of the residence being rented, shall designate a person within a 5 mile radius of the rental unit, as the local contact person. The owner or contact person must be available 24 hours a day to respond to tenant and neighborhood questions or concerns and to otherwise be responsible for assuring that the rental unit complies with the requirements of this Section and other applicable provisions of the code. (Added by Ord. 2153, Sec. 1, 12/9/97)

(5) Prior to commencing vacation home rentals, the applicant shall obtain a Business license from the Humboldt County Tax Collector. The owner/operator shall collect and remit to the Humboldt County Tax Collector the transient occupancy tax. (Added by Ord. 2153, Sec. 1, 12/9/97)

(6) It is the responsibility of the property owner to ensure that trash will be disposed of (picked up) on a weekly basis. (Added by Ord. 2153, Sec. 1, 12/9/97)

(7) Compliance with the requirements of this Section shall be considered conditions of approval. Non-compliance will constitute a nuisance subject to administrative penalties and revocation of the business license. (Added by Ord. 2153, Sec. 1, 12/9/97)