Zoneomics Logo
search icon

Humboldt County Unincorporated
City Zoning Code

CHAPTER 3

REGULATIONS INSIDE THE COASTAL ZONE

313-135 General Rules for Construction of Language

135.1.The meaning and construction of words and phrases as set forth shall apply throughout the Zoning Regulations, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in these Zoning Regulations, in which case the Zoning Regulations definition shall prevail. The following general rules of construction shall apply to the textual provisions of the Zoning Regulations: (Former Section CZ#A312-1)

135.1.1. Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Zoning Regulations. (Former Section CZ#A312-1)

135.1.2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text of the provision shall control. (Former Section CZ#A312-1)

135.1.3. Shall, May, and Should. “Shall” is always mandatory and not discretionary. “May” is permissive or discretionary. “Should” is advisory, in that it, like “may,” is not mandatory, but “should” indicates a policy preference of the County. (Former Section CZ#A312-1)

135.1.4. Tense, Number and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine gender includes the feminine and neuter gender, and neuter includes the masculine and feminine, and feminine includes masculine and neuter. (Former Section CZ#A312-1)

135.1.5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (Former Section CZ#A312-1)

135.1.5.1.“And” indicates that all connected items or provisions shall apply.

135.1.5.2.“Or” indicates that the connected items or provisions may apply singly or in any combination.

135.1.5.3.“Either...or” indicates that the connected items or provisions shall apply singly but not in combination.

135.1.6.“Used” includes “arranged for,” “designed for,” “occupied,” or “intended to be occupied for.” (Former Section CZ#A312-1)

135.1.7.All public officials, bodies, and agencies to which reference is made are those of Humboldt County unless otherwise indicated. (Former Section CZ#A312-1)

135.1.8. References to other laws and regulations. Whenever this Code refers to sections of this Code, State Law, or other statutes or regulations, the reference shall be construed to include any successor or amended provisions which have been adopted to replace, renumber, or otherwise change the section(s) reference from that which is contained in this Code.

313-136 Definitions (A)

Abutting: Land having a common property line or separated only by any alley, easement or private road. (Former Section CZ#A312-3)

Access: The place or way by which pedestrians and/or vehicles have usable ingress and egress to a property or use. (Former Section CZ#A312-3)

Access, Coastal Lateral: A recorded dedication or easement granting to the public the right to pass and repass over the dedicator’s real property generally parallel to the mean high tide line. (Former Section CZ#A312-3)

Access, Coastal Public: Public rights-of-way to and along coastal beaches and tidelands. (Former Section CZ#A312-3)

Access, Coastal Vertical: A recorded dedication or easement granting the public the privilege and right to pass and repass over the dedicator’s real property from a public road to the mean high tide line. (Former Section CZ#A312-3)

Accessory Building: (See, Building, Accessory)

Accessory Dwelling Unit: An attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot where a single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes a manufactured home, as defined in California Health and Safety Code Section 18007; and a tiny house or moveable tiny house as defined in this code. (See Residential Use Types, Accessory Dwelling Unit, in Section 313-139: Use Types; Tiny House, Section 313-155, Definitions (T); and Moveable Tiny House, Section 313-148, Definitions (M)).

Accessory Use: (See, Use, Accessory)

Acreage: Land customarily measured in terms of acres rather than square feet. The number of acres, extent in acres.

Address of Convenience: Nonresidential activities associated with any profession, occupation, or hobby, having no employees, receiving no deliveries at the address, and utilizing a private residence only for receiving mail, phone calls, or related record keeping (typically a mobile business). No more than one (1) truck or other motor vehicle of no larger than three-fourths (3/4) of a ton shall be permitted in conjunction with any Address of Convenience. (Former Section CZ#A312-3)

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, Section 313-112.1, Residential Density Bonus, for further discussion. (Former Section CZ#A314-12.1(B)(1); Added by Ord. 2167, Sec. 25, 4/7/98)

Adequate Off-Street Parking: Parking facilities sufficient to meet anticipated parking demand generated by a use or activity. (See, Section 313-109.1, Off-Street Parking, for parking requirements.)

Administrative Official: The Director of Community Development Services and/or other Planning Division employee designated by the Director. (From Section INL#312-5; Ord. 519, Sec. 205, 5/11/65)

Administrative Services: (See, Civic Use Types, Administrative, in Section D: Use Types.)

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:

a.Very Low Income: Fifty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (Former Section CZ#A314-12.1(B)(2)(a); Added by Ord. 2167, Sec. 25, 4/7/98)

b.Lower Income: Sixty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (Former Section CZ#A314-12.1(B)(2)(b); Added by Ord. 2167, Sec. 25, 4/7/98)

(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2); Added by Ord. 2167, Sec. 25, 4/7/98)

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. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(3); Added by Ord. 2167, Sec. 25, 4/7/98)

Aggrieved Person: Any person who, in person or through a representative, appeared at a public hearing, held by Humboldt County in accordance with these Zoning Regulations, or who, by other appropriate means prior to action on a development permit, or variance, informed the County of his or her concerns about the application for such permit or who, for good cause, was unable to do either, and who objects to the action taken on such permit and wishes to appeal such action to a higher authority. (Former Section CZ#A312-3)

Agricultural Activities: (See, Agricultural Use Types, in Section D: Use Types.)

Agricultural Land, Boundary of Transitional: (See, Section 313-35.1, Transitional Agricultural Lands.)

Agricultural Land: “Agricultural Land” shall mean all real property within the boundaries of Humboldt County which is designated in the General Plan, Local Coastal Program, or any plan element (in these regulations, “designations” or “planned”) and/or zoned for agricultural use. Such designations or zones shall include, but not be limited to Timber Production Zones (TPZ), Agricultural General (AG), Agricultural Exclusive (AE), and any other agricultural designations of zones which may exist or be established by the County in the future. (From Section INL#316.2-1(a); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2138b, Sec. 1, 1/14/97)

Agricultural Land, Non Prime: Agricultural lands that are now in use for crops, grazing, or that are suitable for agriculture, other than Prime Agricultural Land, as defined in these regulations. (Former Section CZ#A312-3)

Agricultural Land, Prime: Per California Government Code Section 51201(c), or any successor provision thereto, with which it is intended that the following definitions be consistent: (Former Section CZ#A312-3)

a.All land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classification;

b.Land which qualifies for rating 80-100 in the Storie Index Rating;

c.Land which supports livestock used for the production of food and fiber which has an annual carrying capacity equivalent to at least one (1) animal unit per acre as defined by the United States Department of Agriculture;

d.Land planted with fruit or nut bearing trees, vines, bushes or crops which have a non-bearing period of less than five (5) years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre.

Agricultural Land, Transitional: A wetland that has been altered for production of crops, including pasture, hay, or other forage, but where hydrophytes typical of non-farmed wetlands will predominate if farming is discontinued. In Humboldt County, these areas are typically diked former tidal marshes or clearly defined non-tidal sloughs used for hay or pasture. (Former Section CZ#A312-3)

Agricultural Operation: “Agricultural Operation” shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. (From Section INL#316.2-1(b); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 1138b, Sec. 1, 1/14/97)

Agricultural Use Types: (See, Agricultural Use Types in Section D: Use Types.)

Airports: (See, Civic Use Types, Extensive Impact Civic Uses, in Section D: Use Types.)

Alley or Lane: A public or private way permanently reserved as a secondary means of access to abutting properties and not intended for general traffic circulation. (Former Section CZ#A312-3)

Ambulance Services: (See, Civic Use Types, Essential Services, in Section D: Use Types.)

Amendment: Any change, modification, deletion, or addition to the wording, text or substance of the Zoning Regulations or any change, modification, deletion, or addition to the application of the Zoning Regulations to property within Humboldt County, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the Board of Supervisors in the manner prescribed by law. (Former Section CZ#A312-3)

Anadromous Fish Stream: (See, Streams, Anadromous Fish)

Animal Hospital: A building where animals are given medical or surgical treatment for compensation, and boarding of animals is incidental to such treatment. (Former Section CZ#A312-10)

Animal and/or Fish Product Processing: The preparation for wholesale distribution of animal and/or fish products, including but not limited to, slaughtering, fat rendering, fertilizer production, tanning, seafood packing and canning, and distillation of bones. (Former Section CZ#A312-18)

Animal and/or Fish Waste Product Processing: The processing of animal or fish waste and by-products including but not limited to animal manure, animal bedding waste, by-products from fish packing and a similar by-product of an animal raising agricultural operation, or commercial fishing or fish processing operation, for use as a commercial fertilizer or soil amendment and including composting operations. (Former Section CZ#A312-18)

Aquaculture: The culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and algae. “Aquaculture” does not include the culture and husbandry of commercially utilized inland crops, including, but not limited to, rice, watercress, and bean sprouts. (See also, Industrial Use Types, Aquaculture, in Section D: Use Types.) (Former Section CZ#A312-3)

Automobile Repair:

a.Major: General repair, rebuilding or reconditioning of engines, including removal of same; motor vehicle, truck or trailer collision service, including body, frame or fender straightening or repair; over-all painting or body shop. (Former Section CZ#A312-3(a))

b.Minor: Upholstering, replacement of parts and motor service, not including removal of the motor, to passenger cars and trucks not exceeding one and one-half (1 1/2) tons capacity, but not including any operation under “automobile repair, major.” (Former Section CZ#A312-3(b))

Automobile Service, Gas or Filling Station: A commercial activity which provides servicing, washing and/or fueling of operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto. (Former Section CZ#A312-3)

Automobile Wrecking: The dismantling or wrecking of used motor vehicles or trailers, or the storage, or sale, or dumping of dismantled or wrecked vehicles or their parts. The presence of five (5) or more non-operating vehicles on any lot or parcel of land for a period exceeding 30 days, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. (See also, “Wrecking and Salvage Yard.”) (Former Section CZ#A312-3) (Ord. 2717, § 5, 6/27/2023)

313-137 Definitions (B)

Bankfull, Channel: The water surface elevation attained by a stream flowing at capacity, i.e., at a stage above which banks are overflowed. When the water fills the channel to the bankfull stage, its surface is level with the flood plain. (Former Section CZ#A312-4)

Barn: A building used for the shelter of livestock raised on the premises, the storage of agricultural products produced or consumed on the premises, or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the premises. (Former Section CZ#A312-4)

Beach: A shore consisting at least partly of unconsolidated material deposited by the motion of waters. Most often that material is sand, but may be cobbles or shingle, such as a boulder or rocky beach. (Former Section CZ#A312-4)

Bedload, Average Annual: The average amount of gravel that is carried downstream in a normal year and deposited during the high water season. (Former Section CZ#A312-4)

Berm, Earthen: A mound or embankment of earth, together with necessary retaining structures. (Former Section CZ#A312-4)

Block: All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. (Former Section CZ#A312-4)

Bluff or Cliff Areas: A bluff or cliff is a scarp or steep face of rock, decomposed rock, sediment, or soil resulting from erosion, faulting, folding or excavation of the land mass. The cliff or bluff may be simple planar or curved surface, or it may be step-like in section. For the purposes of this ordinance, “cliff” or “bluff” is limited to those features having vertical relief of ten (10) feet or more, and “sea cliff” is a cliff whose toe is or may be subject to marine erosion. (Former Section CZ#A312-4)

Bluff Edge or Cliff Edge: The upper termination of a bluff, cliff or sea cliff. When the top edge of the cliff is rounded away from the face of the cliff as a result of erosion processes related to the presence of a steep cliff face, the edge shall be defined as that point nearest the cliff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. (Former Section CZ#A312-4)

Bluff, Coastal: Those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as a State Coastal Commission appeals area. (Former Section CZ#A312-4)

Board of Supervisors: The Board of Supervisors of Humboldt County, California. (Former Section CZ#A312-2)

Boarding House: A dwelling or part thereof where meals and/or lodging are provided for compensation, by agreement for definite periods of time, for three or more persons who do not constitute a family. (Former Section CZ#A312-10)

Boating Facilities: (See, Natural Resource Use Types, Boating Facilities, in Section D: Use Types.)

Borrow Pit: An excavation created for the surface mining of rock, unconsolidated geologic deposits or soil which is used off-site. (Former Section CZ#A312-4)

Boundary of Transitional Agricultural Land: (See, Transitional Agriculture Land Regulations at Section 313-35.1, Transitional Agricultural Lands.)

Boundary of a Wetland: (See, Wetland, Boundary of)

Building: Any roofed structure intended for use as human shelter, or shelter or enclosure of animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground or foundation up, each part is deemed a separate building (does not count towards minimum size yard requirements). (See also, “Structure”) (Former Section CZ#A312-4; INL#312-15; Ord. 519, Sec. 215, 5/11/65)

a.Accessory: A detached subordinate building located on the same lot as the building or use to which it is accessory. The accessory building is incidental and subordinate to the use of the principal building or to the principal use of the lot. (Former Section CZ#A312-4)

b. Detached: Any accessory or main building that does not share at least ten (10) feet of a common wall with any other accessory or main building. (Former Section CZ#A312-4)

c.Height: Heights of buildings and structures shall be measured from the average elevation of the ground covered by the structure to the highest point on the roof. Other objects projecting from or attached to the roof, such as chimneys, stacks, air conditioning equipment, parapet walls, and conventional television antennae are not included in calculating the highest point. (Former Section CZ#A312-10)

d.Main: A building in which the principal use of the building site is conducted. (Former Section CZ#A312-4)

e.Site: One lot, or two or more lots when used in combination for a building or permitted group of buildings, together with all yards and open spaces as required by these regulations. (See also, Lot.) (Former Section CZ#A312-4)

Building Type: The structural types and arrangements of buildings, and the arrangement of uses within them. (Former Section CZ#A312-4)

Building Type, Mixed Residential-Nonresidential: A group of building types that comprise the following:

a. Limited: A building containing one (1) or more dwelling units (1+du) in any vertical or horizontal arrangement and in which principal nonresidential use types are located only at the ground level, or at any level below the ground level of the building or structure. (Former Section CZ#A312-4)

b. Unlimited: One (1) or more buildings containing one (1) or more dwelling units (1+du) in any vertical or horizontal arrangement and in which principal nonresidential use types may be located on any level of the building. (Former Section CZ#A312-4)

Building Type, Nonresidential: A group of building types that comprise the following:

a.Detached: A single main building, freestanding and structurally separated from other accessory buildings, located on a lot or building site which contains no other main building. (Former Section CZ#A312-4)

b. Attached: Two or more main buildings placed side-by-side with at least ten (10) feet of common wall, located on a lot or building site or portion thereof which may be either occupied or unoccupied by other main buildings. (Former Section CZ#A312-4)

c.Multiple/Group: Two or more main buildings, which may be attached, freestanding or both, located on a lot or building site or portion thereof, which may be either occupied or unoccupied by other main buildings. (Former Section CZ#A312-4)

Building Type, Residential: A group of building types that comprise the following:

a.Single Detached: One (1) dwelling unit, freestanding and structurally separated from any other dwelling unit or building, located on a lot or building site which is unoccupied by any other dwelling unit or main building. (Former Section CZ#A312-4)

b.Duplex: Two (2) dwelling units with at least ten (10) feet of a common wall, structurally separated from any other dwelling unit or building and located on a lot or building site which contains no other dwelling unit or main building. (Former Section CZ#A312-4; Amended by Ord. 2167, Sec. 1, 4/7/98)

c.Multiple Unit: A building containing at least three (3) dwelling units in any vertical or horizontal arrangement, located on a lot or building site which contains no other dwelling unit or main building. (Former Section CZ#A312-4)

d. Manufactured Home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width, or forty (40) feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; except that a manufactured home constructed to the standards required by the County Building Regulations for a Single Detached Residential Building Type shall be classified as a Single Detached Residential Building Type. The manufactured home building type includes mobile homes. (Former Section CZ#A312-4)

e. Ancillary Residential: A dwelling which is not the principal residence or main building on a lot or parcel, such as an accessory dwelling unit, guest house, caretaker’s residence, farm laborers’ residence, etc. (Former Section CZ#A312-4)

Bus Depots: (See, Civic Use Types, Extensive Impact, in Section D: Use Types.) (Ord. 2717, § 5, 6/27/2023; Ord. 2733, § 3, 3/5/2024)

313-138 Definitions (C)

Camp, Labor: (See, Residential Use Types, Labor Camp, in Section D: Use Types.)

Camping Party: “Camping Party” as used in this Code has the same meaning as stated in Sec. 18203.2 of the California Health and Safety Code (Camping Party), which is a person or group of not more than 10 persons occupying a campsite for not more than 30 days annually. (Ord. 2167, § 2, 4/7/1998)

Campground, Public: (See, Commercial Use Types, Visitor Serving Facilities in Section D: Use Types. (See also, use type descriptions for: Recreational Vehicle Park.)

Cannabis Farm Stay: (See, Farm Stay.)

Caretaker’s Residence: (See, Residential Use Types, Caretaker’s Residence, in Section D: Use Types.)

Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including, but not limited to, columbariums, crematories, mausoleums, mortuaries and chapels when operated in conjunction with and within the boundary of the cemetery. Cemetery also includes any activity or business designed for the benefit, service, convenience, education or spiritual uplift of property owners or persons visiting the cemetery, if the activity or business is operated in conjunction with and within the boundary of the cemetery, and is both compatible with the purpose of the cemetery and incidental thereto. (Former Section CZ#A312-5)

CEQA: The California Environmental Quality Act, commencing with Section 21000 of the Public Resources Code, or any successor provisions thereto. (Former Section CZ#A312-5)

City: Any incorporated city in Humboldt County. (Former Section CZ#A312-2)

Civic Use Types: (See, Civic Use Types in Section D: Use Types.)

Clinic: Any place, establishment, or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import. Such clinics may operate either independently or in connection with any other use, and shall be for the purpose of furnishing at such clinics advice, diagnosis, treatment, appliances or apparatus to persons who are not residing or confined in the clinic, and who are afflicted with bodily or mental disease or injury. (Former Section CZ#A312-5)

CNEL-Ldn: Means “Community Noise Equivalent Level - Day-Night Average Level.” (See, California Government Code Section 65302.)

Coach, Commercial: A structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit, and shall include a trailer coach. (See, Section 18218, Health and Safety Code, or any successor provision thereto). (Former Section CZ#A312-5)

Coastal Access: (See, Access, Coastal Public)

Coastal Access Program: Includes the policies of the Land Use Plan for acquiring, improving and managing access within the Coastal Zone.

Coastal Commission: The California Coastal Commission, formerly known as the California Coastal Zone Conservation Commission, or any successor agency thereto. (Former Section CZ#A312-5)

Coastal-Dependent Development or Use: (See, Development or Use, Coastal-Dependent)

Coastal-Dependent Recreation: (See, Commercial Use Types, Coastal-Dependent Recreation, in Section D: Use Types.)

Coastal-Related Development: (See, Development, Coastal-Related)

Coastal-Development Permit: (See, Permit, Coastal-Development)

Coastal Streams: (See, Stream, Coastal)

Coastal View: (See, View, Coastal)

Coastal View Area: (See, View Area, Coastal)

Coastal Zone, Humboldt County: The portion of the California Coastal Zone, as defined in the Public Resources Code, which lies within the jurisdiction of the County of Humboldt and as mapped by the California Legislature on 7.5-minute USGS quadrangle maps. (Former Section CZ#A312-5)

Collector Road: (See, Classification of streets in Division 2, Section 4 of Title III of the Code.)

College: A college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees. (Former Section CZ#A312-5)

Commercial Coach: (See, Coach, Commercial)

Commercial Recreation Facilities: (See, Commercial Use Types, Commercial Recreation, in Section D: Use Types.)

Commercial Timber Use Types: (See, Commercial Timber Use Types in Section D: Use Types.)

Commercial Uses, General Description of: (See, Commercial Use Types in Section D: Use Types.)

Communication Equipment Building: (See, Building Type, Nonresidential, Communication Equipment)

Communication Transmission Facilities: (See, Civic Use Types, Generation and Transmission Facilities, Minor; and Civic Use Types, Electric Distribution Lines, Major, in Section D: Use Types.)

Community Care Facility Use Type: (See Residential Use Types, Community Care Facility, in Section D: Use Types.) (See also, “Family Day Care Center” and “Family Day Care Home”)

Conditional Use: (See, Use, Conditional)

Consolidated Play Surface: Any impervious area, including but not limited to irrigated turf, or open space land suitable for informal recreation opportunities and/or informal sports activities. (Also see, “Useable Open Space”.) (From Section INL#312-21.3; Added by Ord. 2103, Sec. 1, 1/9/96)

Construction, On-Site: Actual construction of the permitted development. “Construction” also includes earth moving activities, such as excavation, compaction and the creation of fills and embankments which are required to prepare a site for construction of structures, roads, landscaping and other improvements. Excavations, fills, grades or embankments which of themselves constitute engineered works such as dams, road cuts, fills, catchment basins or levees are on-site construction. Roads are improvements. (Former Section CZ#A312-5)

Convalescent Home: (See, Private Institution or Rest Home)

Corner Lot: (See, Lot, Corner)

Cottage Industry/Cottage Industry Use Type: (See, Industrial Use Types, Cottage Industry, in Section D: Use Types.)

County: The County of Humboldt. (Former Section CZ#A312-2)

Court: An open, unoccupied space, not including a yard. The space shall be on the same lot with a building or group of buildings that are bound on two or more sides. (From Section INL#312-19; Ord. 519, Sec. 219, 5/11/65)

Coverage, Ground: (See, Lot Coverage) (Ord. 2733, § 3, 3/5/2024)

313-139 Definitions (D)

Day: A continuous 24 hour period, commencing at 1-minute past midnight unless otherwise specified.

De Minimus Waiver: The waiver of some Coastal Development Permit requirements for development that 1) is consistent with the certified LCP, and 2) involves no potential for any adverse effect; either individually or cumulatively on coastal resources or public access to coastal resources where acquired through use or legislative authorization. (Ord. 2167, § 3, 4/7/1998)

Density: A means of describing population distribution over an area of land. Density is typically expressed as a number of dwelling units or uses allowed on a given amount of acreage (for example: one to seven units per acre (1-7du/a); one dwelling per twenty acres (1du/20a)). Density does not set minimum parcel size; that is done by the zoning. Other types of densities include: (From Section INL#312-22.1(a); Former Section CZ#A312-6)

a.Density, Minimum Parcel Size: The smallest parcel size allowed by the plan or the zone (example: 40-acre minimums or, 20 through 160 acres per parcel). (From Section INL#312-22.1(c))

b.Density, Planned: The density anticipated to be achievable and appropriate for a given area; the density specified for the area in the General Plan, Community Plan, or Local Coastal Program Plan. (From Section INL#312-22.1(b))

Density Bonus: Means a minimum density increase of at least twenty-five percent (25%) unless a lesser percentage is elected by the applicant over the otherwise Maximum Residential Density under the certified LCP. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 313-111. For each 1 percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(4); Added by Ord. 2167, Sec. 25, 4/7/98)

Density Bonus Housing Agreement: Means a legally binding agreement between a developer and the County to ensure that the requirements of the Residential Density Bonus 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, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(5); Added by Ord. 2167, Sec. 25, 4/7/98)

Density Bonus Unit: Means those residential units granted pursuant to the provisions of the Residential Density Bonus Section that exceed the otherwise Maximum Residential Density for the development site. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(6); Added by Ord. 2167, Sec. 25, 4/7/98)

Developed Lot: A lot on which development has occurred. (Former Section CZ#A312-6)

Development: On land, in or under water:

a.the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; (Former Section CZ#A312-6)

b.grading, removing, dredging, mining or extraction of any materials; (Former Section CZ#A312-6)

c.change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; (Former Section CZ#A312-6)

d.change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and (Former Section CZ#A312-6)

e.the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to Public Resources Code Section 4511 and following. (Former Section CZ#A312-6)

Development or Use, Coastal-Dependent: Any development or use in the Coastal Zone which requires a site on, or adjacent to, the sea to be able to function at all. (Former Section CZ#A312-6)

Development, Coastal-Related: Any use in the Coastal Zone that is dependent on a Coastal-Dependent development or use. (Former Section CZ#A312-6)

Development Regulations: Those elements of the zoning code which regulate aspects of physical development; including, but not limited to density, lot size, building type, building height, lot coverage and setback requirements. (Former Section CZ#A312-6)

Dike: A bank constructed to control or confine tidal waters. (See, “Levee” for banks which control non-tidal waters.) (Former Section CZ#A312-6)

Diking: The construction, maintenance and repair of dikes. (Former Section CZ#A312-6)

Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two structures. (Former Section CZ#A312-6)

Division: The Planning Division of Humboldt County Community Development Services.

Drainage Course, Natural: Any well-defined channel, other than a coastal or non-coastal stream, with a distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, an ephemeral stream which flows only in direct response to precipitation. (Former Section CZ#A312-6)

Drainage Works: Any combination of dikes, levees, tidegates, floodgates, spillways, or natural or artificial drainage channels which are constructed, operated, or maintained for the purpose of preventing or reducing tidal or surface water inundation of land. (Former Section CZ#A312-6)

Dredging: The removal, from a body of water, a wetland, or a drainage course, of either original or recently deposited bottom material, or any other excavation in a body of water, a wetland, or a drainage course. (Former Section CZ#A312-6)

Dune: A low hill or bank of drifted sand. (Former Section CZ#A312-6)

Duplex: (See, Building Type, Residential, Duplex)

Dwelling: (See, Building Type, Residential)

Dwelling Unit: A room or combination of rooms including one and only one kitchen (unless otherwise specified in these regulations), and designed or occupied as living or sleeping purposes for a person or family. (Former Section CZ#A312-6)

313-140 Definitions (E)

Earthen Berm: (See, Berm, Earthen)

Easement: A recorded right or interest in the land of another, which entitles a holder thereof to a use, privilege or benefit over said land. (Former Section CZ#A312-7)

Emergency Vehicle: (See, Vehicle, Emergency)

Employee, Farm: (See Farm Employee)

Energy Facility: Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (Former Section CZ#A312-7)

Environmental Impact Report (EIR): A report which analyzes the environmental effects of a proposed project pursuant to the CEQA. (Former Section CZ#A312-7)

Environmentally Sensitive Habitat Areas: (See, Habitat Areas, Environmentally Sensitive)

Equivalent Financial Incentive: Means a monetary contribution, based upon a land cost per dwelling unit value, equal to one (1) of the following:

a.A Density Bonus and an Additional Incentive(s); or (Former Section CZ#A314-12.1(B)(7)(a); Added by Ord. 2167, Sec. 25, 4/7/98)

b.A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary. (Former Section CZ#A314-12.1(B)(7)(b)); Added by Ord. 2167, Sec. 25, 4/7/98)

(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(7); Added by Ord. 2167, Sec. 25, 4/7/98)

Expansion: An alteration of a structure that results in an increase in size, either in extent or bulk, or an increase in area or volume. (Former Section CZ#A312-7)

Exploration or Prospecting: The search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present. (Former Section CZ#A312-7)

Exterior Side Yard: (See, Yard, Side, Exterior)

Exterior Wall: (See, Wall, Exterior)

Exterior Lot Line: (See, Lot Line, Exterior)

Extractive Use Types: (See Extractive Use Types in Section D: Use Types.)

313-141 Definitions (F)

Family: A person living alone or a group of persons living together as a single nonprofit housekeeping unit. “Family” does not include a group occupying a boarding house, lodging house, motel or hotel, fraternity or sorority house. (Former Section CZ#A312-8)

Family Day Care Center: (See Residential Use Types in Section D: Use Types.) (See also, “Community Care Facility” and “Family Day Care Home.”)

Family Day Care Home: (See Residential Use Types, Family Day Care Home, in Section D: Use Types.) (See also, “Community Care Facility” and “Family Day Care Center.”)

Farm Employee: Any person who derives more than half of his total livelihood as an “agricultural employee” as defined by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, (California Labor Code Sec. 1140.4(b). (Former Section CZ#A312-7)

Farm Employee Housing Use Type: (See, Residential Use Types, Farm Employee Housing, in Section D: Use Types.)

Farm Stay: Farm stays are a form of short-term rental that provides activities and experiences that educate guests about local agriculture and are located on parcels where the primary use of the land is agriculture and where the owner, or farm tenant, reside on the property.

Farming: The management or cultivation of land for the production of crops, livestock, or timber. (Former Section CZ#A312-8)

Farmed Wetland: (See, Agricultural Land, Transitional)

Feasible: Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Former Section CZ#A312-8)

Federal or Federal Government: The Government of the United States of America. (Former Section CZ#A312-2)

Feed Lot: A large yard with pens or stables, other than those part of a typical livestock ranch, where cattle, sheep, or similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A312-8)

Fill: A deposit of earth or other material by artificial means. (See also, Fill of Wetlands.) (Former Section CZ#A312-8)

Fill of Wetlands: Earth or other substance or material, including piling, placed for the purpose of erecting structures thereon, placed in a wetland or a submerged area. (Former Section CZ#A312-8)

Finding: A specific determination made relative to a given set of circumstances upon which a subsequent decision will be predicated. (Former Section CZ#A312-8)

Finished Grade: (See, Grade, Finished)

Fire Station: Any structure used for the purpose of housing fire trucks, fire-fighting personnel and related equipment owned and operated by a district providing fire protection, or a fire protection entity organized pursuant to Health and Safety Code Sections 14825 and following. (Former Section CZ#A312-8)

Fish Waste Processing: (See, Animal and/or Fish Waste Product Processing)

Fish and Wildlife Habitat Management: (See, Natural Resource Use Types, Fish and Wildlife Habitat Management, in Section D: Use Types.)

Flag Lot: (See, Lot, Flag)

Flea Market: (See, Swap Lot.)

Flood: A general and temporary condition of partial or complete inundation of normally dry land areas as a result of the overflow of inland or tidal water and/or the unusual and rapid accumulation or run-off of surface waters from any source. (Former Section CZ#A312-8)

Flood, 100-Year (or Base Flood): A flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Former Section CZ#A312-8)

Flood Hazard Areas or 100-Year Flood Plain: Those areas subject to inundation within the 100-year floodway and flood plain as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. Tsunami runup areas identified on U.S. Army Corps of Engineers 100-year recurrence maps, by other scientific or historic studies and other known areas of tsunami risk. (Former Section CZ#A312-10)

Flood Plain: The area subject to inundation by a 100-year or base flood. (See also, Flood Hazard Areas.) (Former Section CZ#A312-8)

Flood Plain Fringe: The part of the flood plain outside of the floodway. (Former Section CZ#A312-8)

Floodgate: A structure located within a levee or dike with a valve designed to permit one way drainage of surface water from land to a wetland, river, or estuary and to prevent inundation of the land. (See also, Tidegate) (Former Section CZ#A312-8)

Floodway (or Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Former Section CZ#A312-8)

Floor Area: The total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the exterior walls of principal or accessory buildings. (Former Section CZ#A312-8)

Front Lot Line: (See, Lot Line, Front)

Front Yard: (See, Yard, Front)

Frontage: The length of any property line of a lot, which lot line abuts a legally accessible street or other right-of-way. (Former Section CZ#A312-8) (Ord. 2749, § 3, 10/1/2024; Ord. 2733, § 3, 3/5/2024)

313-142 Definitions (G)

Garage, Private: An accessory building or a portion of a building designed for the storage of operating motor vehicles, camping trailers or boats belonging to owners or occupants of the site and their guests, including a covered parking space or carport. (Former Section CZ#A312-9)

Garage, Public: Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of operating motor vehicles, trailers and/or boats or where any such are equipped for operation or repair or kept for remuneration and hire. (Former Section CZ#A312-9)

Garage, Storage: Any structure or portion thereof or premises, except those herein defined as private garages, used exclusively for the storage for remuneration or hire of self-propelled vehicles, trailers and boats.

General Plan: The Humboldt County General Plan. (Former Section CZ#A312-2)

Generator, Wind: (See, Wind Generator)

Geologic Hazards: Any of the following: (Former Section CZ#A312-9)

a.Seismic hazard areas delineated on fault maps as subject to potential surface rupture, on soil maps indicating materials particularly prone to shaking or liquefaction and in local and regional seismic safety plans;

b.Landslide hazard areas delineated on slope stability maps and local and regional geologic or safety plans;

c.Beach areas subject to erosion; and

d.Other geologic hazards such as expansive soils and subsidence areas.

Grade: The average of the finished ground level at the center of all walls of a building. (Former Section CZ#A312-9)

Grade, Finished: The finished surface of the ground after grading for development. (Former Section CZ#A312-9)

Grade, Natural: The surface of the ground prior to the grading for development. (Former Section CZ#A312-9)

Greenhouse: A facility for indoor propagation of plants, constructed with transparent or translucent panels. (See, Section 313-69.1, Accessory Structures. (Former Section CZ#A312-9)

Ground Level: Ground level shall mean and include the natural or finished grade, surface or contour of a site. (Former Section CZ#A312-9)

Guest House/Guest House Use Type: The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (See also, Residential Use Types, Guest House, in Section D: Use Types.) (Former Section CZ#A312-9)

313-143 Definitions (H)

Habitable Room: (See, Room, Habitable)

Habitat Areas, Environmentally Sensitive: Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments, including: (Former Section CZ#A312-10)

a.Areas of special Biological Significance as identified by the State Water Resources Control Board;

b.Rare and endangered species listed in Sections 670.2 or 670.5 of Title 14 of the California Code of Regulations, or Sections 17.11 or 17.12 of Title 50 of the Code of Federal Regulations, pursuant to the Federal Endangered Species Act as rare, threatened or endangered;

c.All coastal wetlands and lagoons;

d.Tidepools and near-shore reefs;

e.Sea caves, islets and offshore rocks;

f.Kelp beds;

g.Indigenous dune plant habitat;

h.Federally designated wilderness and primitive areas;

i.Rivers, creeks, and associated riparian habitats; and

j.Rookeries for herons and egrets.

Hazard Area, Flood: (See, Flood Hazard Areas or 100-Year Flood Plain)

Hazard Areas, Geologic: (See, Geologic Hazard Areas)

Hazardous Industrial Use Type: (See, Industrial Use Types, Hazardous Industrial, in Section D: Use Types.)

Heavy Commercial Use Type: (See, Commercial Use Types in Section D: Use Types.)

Heavy Industrial Use Type: (See, Industrial Use Types, Heavy Industrial, in Section D: Use Types.)

Hearing Officer: The Director of Community Development Services or the designee of the Director, Zoning Administrator, Planning Commission, or other designee of the Board of Supervisors. (Former Section CZ#A312-2; Ord. 946, Sec. 2, 10/2/73)

Height, Building and Other Structures: Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof. Chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, solar water heating equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in calculating the measurement. (Former Section CZ#A312-10)

Higher Order Street: (See, Classification of streets in Division 2, Section 4 of Title III of the Code.)

Home Occupation: An accessory use of a nonresidential nature which is performed within a dwelling unit, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the dwelling unit. Home occupations are subject to the Home Occupation Regulations in this Chapter. (Former Section CZ#A312-10)

Home, Rest: (See, Rest Home)

Home-Share Rental: Short-term rental of a portion of a dwelling unit where the caretaker remains in residence.

Horse Keeping: (See, Stable, Private and Stable, Public)

Hospital: An institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates 24-hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be properly licensed by all applicable local, State and/or Federal agencies. (Former Section CZ#A312-10)

Hospital, Animal: A building where animals are given medical treatment for compensation and where the boarding of animals is incidental to such treatment. (Former Section CZ#A312-10)

Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses. (Former Section CZ#A312-10)

House, Boarding: (See, Boarding House)

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. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(8); Added by Ord. 2167, Sec. 25, 4/7/98)

Housing Development: Means construction projects consisting of five (5) or more residential units, including single family, multifamily, and manufactured homes for sale or rent. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(9); Added by Ord. 2167, Sec. 25, 4/7/98)

Humboldt County Coastal Zone: (See, Coastal Zone, Humboldt County)

Hydrophytic Plant: (See, Plant, Hydrophytic) (Ord. 2733, § 3, 3/5/2024)

313-144 Definitions (I)

Incidental Public Service Purposes: Includes, but is not limited to, burying cables or pipes or inspection of piers and maintenance of existing intake and outfall lines, that temporarily impact the resources of a habitat area. (Former Section CZ#A312-11)

Industrial Use Types: (See, Industrial Use Types in Section D: Use Types.)

Industry, Coastal-Dependent: (See, Industrial Use Types, Coastal-Dependent, in Section D: Use Types.)

Industry, Coastal-Related: (See, Industrial Use Types, Coastal-Related, in Section D: Use Types.)

Industry, Cottage: (See, Industrial Use Types, Cottage Industry, in Section D: Use Types.)

Industry, Hazardous: (See, Industrial Use Types, Hazardous Industrial, in Section D: Use Types.)

Institution, Private: (See, Private Institution)

Instruction, Commercial: Schools or classes operated within a building to give instruction in any art, profession, trade or business, for compensation, and including but not limited to, instruction in cosmetology, hairdressing, barbering, bartending, music, dancing, typing, shorthand or other business skills, electronics or engineering. (Former Section CZ#A312-11)

Intensive Agriculture: (See, Agricultural Use Types, Intensive Agriculture, in Section D: Use Types.

Interior Side Yard: (See, Yard, Side, Interior)

313-145 Definitions (J)

Junior Accessory Dwelling Unit: An attached unit that is no more than five hundred (500) square feet contained entirely within a single-family residence that may include separate sanitation facilities or may share sanitation facilities with the existing structure and that includes an efficiency kitchen.

Junk Yard: (See, Wrecking and Salvage Yard) (Ord. 2717, § 5, 6/27/2023)

313-146 Definitions (K)

Kennel: Any premises, except those accessory to an agriculture use, where five (5) or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes. (Former Section CZ#A312-13; Ord. 519, Sec. 237, 5/11/65)

Kitchen or Kitchenette: Any space used or designated to be used for cooking and preparing food, whether the cooking unit be permanent or temporary and portable. (Former Section CZ#A312-13)

313-147 Definitions (L)

Labor Camp/Labor Camp Use Type: (See, Residential Use Types, Labor Camp, in Section D: Use Types.)

Land, Non Prime Agricultural: (See, Agricultural Land, Non Prime)

Land, Prime Agricultural: (See, Agricultural Land, Prime)

Land, Transitional Agricultural: (See, Agricultural Land, Transitional)

Landforms, Natural: Bluffs, cliffs, rock outcrops and other geomorphic features. (Former Section CZ#A312-14)

Lateral Access: (See, Access, Coastal Lateral)

LCP: (See, Local Coastal Program)

Levee: A bank constructed to control or confine non-tidal flood waters. (Also see, “Dike” for banks which control tidal waters.) (Former Section CZ#A312-14)

Licensed Premises: Premises licensed by the State Alcoholic Beverage Control Board for the sale and consumption on the premises of alcoholic beverages. (Former Section CZ#A312-14)

Living Quarters: One (1) or more rooms in a building designed, intended for or used by one (1) or more individuals for living or sleeping purposes, but which does not have cooking facilities. (From INL#312-42; Ord. 519, Sec. 241, 5/11/65)

Loading Space: An area, other than a street or alley, on the same lot with a building or group of buildings which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. (Former Section CZ#A312-14)

Local Coastal Program (LCP): The land use plans, zoning ordinances, and zoning district maps of a local governmental entity, which, when taken together, meet the requirements of, and implement the provisions and policies of, the California Coastal Act at the local level. (Reference: Section 30108.6, Public Resources Code.) (Former Section CZ#A312-14)

Lot: Either of the following:

a.A parcel of contiguous real property shown as a delineated parcel of land with a number or other designation on a map of subdivision recorded in the Humboldt County Recorder’s office; or (Former Section CZ#A312-14(a))

b.A parcel of real property, not described in (a) above, that qualifies for a certificate of subdivision compliance pursuant to Government Code Section 66499.35. (Former Section CZ#A312-14(b))

Lot Area: (See, Lot Size)

Lot, Corner: A lot abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees, but not less than 45 degrees. The front of a corner lot shall be the portion of the lot adjacent to the shorter street frontage. (Former Section CZ#A312-14; INL#312-43(b); INL#312-76(b))

Lot Coverage: The percentage of lot size covered by the vertical projection of any structure, excluding any structure not extending above grade. (Former Section CZ#A312-14)

Lot Depth: The horizontal distance between the rear lot line and the midpoint of the front lot line, measured back from said midpoint in the mean direction of the side lot lines. (Former Section CZ#A312-14)

Lot, Double Frontage: A lot, other than a corner lot, with more than one lot line abutting a road right-of-way. (See also, Lot, Through) (Former Section CZ#A312-14; Added by Ord. 1853, 12/20/88)

Lot, Flag: Lots with narrow street frontage and a long driveway or strip of land connecting with the street. (Former Section CZ#A312-14)

Lot, Interior: A lot other than a corner lot. (Former Section CZ#A312-14)

Lot Line: Any property line bounding a lot. When the specific lot line definitions are not applicable due to irregularity in the shape of the lot, lot lines shall be determined by the Administrative Official subject to review by the Planning Commission. When a road, street or highway does not have a right-of-way of record, either by deed or map, the lot line shall be deemed to be twenty-five (25) feet from the centerline of the traveled way. When a State highway does not have a right-of-way of record either by deed or map, the lot line shall be deemed to be thirty (30) feet from the centerline of the traveled way. (Former Section CZ#A312-14; Added by Ord. 1853, 12/20/88)

Lot Line, Exterior: A property line abutting a public or private road or street. (Former Section CZ#A312-14)

Lot Line, Front: The line separating the front of the lot from the street right-of-way. The front of a corner lot shall be the portion of the lot adjacent to the shorter street frontage. When a lot or building site is bounded by a public street and one (1) or more alleys or private easements or private streets, the front lot line shall be the lot line that is nearest to the public street. Where a lot fronts on a public road which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the front lot line. In the case of a flag lot, the front lot lines shall also include the lines or portion of lines necessary to ensure adequate vehicular turnaround, as determined by the Director in conjunction with the Department of Public Works. (Former Section CZ#A312-14; INL#312-43(b); INL#312-76(b); Amended by Ord. 1853, 12/20/88)

Lot Line, Rear: The record lot line most distant from and generally opposite the front lot line. Exception: In the case of an interior triangular or wedge-shaped lot, it shall mean a straight line ten (10) feet in length which: (a) is approximately parallel to the front lot line; and (b) intersects the two other lot lines at points most distant from the front lot line. Where the rear lot line abuts a street which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the rear lot line. (Former Section CZ#A312-14 ; Amended by Ord. 1853, 12/20/88)

Lot Line, Side: Any lot line which is not a front lot line or rear lot line. Where the side lot line abuts a public road which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the side lot line. (Former Section CZ#A312-14 ; Amended by Ord. 1853, 12/20/88)

Lot, Manufactured Home: (See, Manufactured Home Lot)

Lot, Mobilehome: (See, Manufactured Home Lot)

Lot Size (includes “Lot Area”): The total area of a lot. For lots less than one acre (1a) in size, lot size shall be the total area of a lot, exclusive of any street, measured horizontally between bordering lot lines. (See also, Density, Minimum Parcel Size) (Former Section CZ#A312-14)

Lot, Substandard: A lot which has been lawfully separated from adjoining property by map or a metes and bounds description, as on a deed, but which does not meet the standards required by the current zoning for a lot or building site. (Former Section CZ#A312-14)

Lot, Through: A lot fronting on two parallel or approximately parallel streets. (See also, Lot, Double Frontage) (Former Section CZ#A312-14)

Lot Width: The mean of the horizontal distances between the side lot lines, measured at right angles to the lot depth at points distant thereon twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line. (Former Section CZ#A312-14)

Lower Income: Sixty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2)(b); Added by Ord. 2167, Sec. 25, 4/7/98)

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. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(10); Added by Ord. 2167, Sec. 25, 4/7/98)

313-148 Definitions (M)

Main Building: (See, Building, Main)

Maintenance: To support, keep and continue in an existing state or condition without decline or deterioration. (Former Section CZ#A312-15)

Manufactured Home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width, or forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; except that a manufactured home constructed to the standards required by the County Building Regulations for a Single Detached Residential Building Type shall be classified as a Single Detached Residential Building Type. The manufactured home building type includes mobilehomes. (See, Health and Safety Code Sections 18000 and 18200 and following.) (Also see, Manufactured Home Park Development, in Section D: Use Types.) (Former Section CZ#A312-4)

Manufactured Home Lot: An area or tract of land or portion of a manufactured home park designated or used for the occupancy of one manufactured home. (Former Section CZ#A312-15)

Manufactured Home Park Development Use Type: (See, Residential Use Types, Manufactured Home Park Development, in Section D: Use Types.)

Manufacturing: (See, Industrial Use Types, in Section D: Use Types.)

Marine Petroleum Transfer Facility: Any facility that handles, stores, transfers, ships, or receives oil, petroleum products, or natural gas liquids from or to waterborne carriers or offshore production facilities. (Former Section CZ#A312-15)

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. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(11); Added by Ord. 2167, Sec. 25, 4/7/98)

Mean Sea Level (MSL): Tidal datum that is the arithmetic mean of hourly water elevations observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch). Shorter series are specified in the name, for example “monthly mean sea level” and “yearly mean sea level.” For purposes of this ordinance, the MSL shall be considered to be equal to National Geodetic Vertical Datum. (Former Section CZ#A312-15)

Mesophytic Plant: (See, Plant, Mesophytic)

Metallic Mineral Extraction: (See, Extractive Use Types in Section D: Use Types.)

Mined Lands: Includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land, excavation, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations, are located. (See also, Section 313-61.2, Surface Mining and Reclamation.) (Former Section CZ#A312-15)

Mineral: Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, stone, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. (Former Section CZ#A312-15)

Mineral Extraction: (See, Extractive Use Types, Metallic Mineral Extraction, in Section D: Use Types.)

Mini-Storage: One (1) or more buildings used for the storage of goods and materials within self-contained compartments by various users. Also referred to as self-storage.

Minimum Parcel Size: (See, Density, Minimum Parcel Size).

Mining Waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment machines, tools or other materials or property directly resulting from, or displaced by a surface mining operation. (Former Section CZ#A312-15)

Minor Development: A development which the County determines satisfies all of the following requirements:

(1) Is consistent with the certified LCP, as defined in Coastal Act Section 30108.6;

(2) Requires no discretionary approvals other than a coastal development permit; and

(3) The project as proposed has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

(Added by Ord. 2167, Sec. 18, 4/7/98

Mobilehome: (See, Manufactured Home.) (Also see, Manufactured Home Park Development Use Type, in Section D: Use Types.)

Mobilehome Lot: (See, Manufactured Home Lot)

Mobilehome Park: (See, Manufactured Home Park.) (Also see, Manufactured Home Park Development Use Type, in Section D: Use Types.)

Modification: An alteration which introduces new, or eliminates old, elements in the details of a land use or structure, but leaves the general purpose and effect of the structure or use intact. (Former Section CZ#A312-15)

Motel: A building or group of buildings comprising individual living quarters or dwelling units for the accommodation of transient guests which is designed so that parking is on the same building site and is conveniently accessible from the living units without necessarily having to pass through any lobby or interior court. This definition includes auto court, tourist court and motor hotel, but does not include accommodation for recreational vehicles. (Former Section CZ#A312-15)

Moveable Tiny House: A structure no larger than four hundred (400) square feet intended for separate, independent living quarters, designed as a permanent, year-round residence for one (1) household that meets these six (6) conditions:

1.Is licensed and registered with the California Department of Motor Vehicles and meets National Fire Protection Association (NFPA) RV 1192 standards, or if certified after January 1, 2021, meets American National Standards Institute (ANSI) 119.5 Park Model standards. Certification must be made by a qualified third-party inspector accredited through American Society for Testing and Materials;

2.Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, and is not designed to move under its own power;

3.Is no larger than allowed by California State law for movement on public highways;

4.Has at least one hundred twenty (120) square feet of first floor interior living space;

5.Is a detached self-contained unit that includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation; and

6.Substantially complies with local building, health, and safety codes as set forth in this code so that it qualifies as a permanent dwelling.

Multiple Group Building Type: (See, Building Type, Nonresidential, Multiple/Group)

Multiple Unit Dwelling: (See, Building Type, Residential, Multiple Unit Dwelling) (Ord. 2717, § 5, 6/27/2023; Ord. 2749, § 3, 10/1/2024)

313-149 Definitions (N)

Nameplate: (See, Section 313-87.3, Signs and Nameplates.)

Natural Drainage Course: (See, Drainage Course, Natural)

Natural Grade: (See, Grade, Natural)

Natural Landforms: (See, Landforms, Natural)

Natural Resource Use Type: (See, Natural Resource Use Types, in Section D: Use Types.)

Neighborhood Commercial Use Type: (See, Commercial Use Types, in Section D: Use Types.)

Nonconforming Structures and Uses: All or a portion of a building, structure or facility, or a use thereof, which was lawfully erected, altered, established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See, Section 313-131, Nonconforming Uses, and Section 313-132, Nonconforming Structures, in this Chapter, Section B: Regulations That Apply In All Or Several Areas.) (Former Section CZ#A312-16)

Non-Farmed Wetland: (See, Wetland)

Non-operating Vehicles, Storage of: (See, Vehicle Storage, Non-operating Vehicles)

Non-Prime Agricultural Land: (See, Agricultural Land, Non-Prime)

Non-Restricted Unit: Means all units within a Housing Development excluding the Target Units. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(12); Added by Ord. 2167, Sec. 25, 4/7/98)

Non-Tidal Sloughs: (See, Sloughs, Non-Tidal)

Nurseries: (See, Greenhouse)

Nursing Home: (See, Private Institution and Rest Home)

313-150 Definitions (O)

Office,

a.Business: An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients and/or payments, and the keeping of records and accounts pertaining to the particular business. (Former Section CZ#A312-17)

b.Professional: An office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and including medical or dental laboratories. (Former Section CZ#A312-17)

Office and Professional Service Use Type: (See, Commercial Use Types in Section D: Use Types.)

Oil and Gas Drilling and Processing: (See, Extractive Use Types, Oil and Gas Drilling and Processing, in Section D: Use Types.)

One-Hundred Year Flood: (See, Flood, 100-Year)

Open Space: (See, Civic Use Types, Public Recreation and Open Space, in Section D: Use Types.)

Open Space Easement: An easement established pursuant to Government Code Section 51050 or 51080, or an easement which ensures the retention of land as open space. (Former Section CZ#A312-17)

Open Space Maintenance Zone: An assessment district, formed by entities with recreational authority, under the provisions of the Landscape and Lighting Act of 1972, or other similar authorizing statute, to fund the maintenance of lands donated to the entity for recreational uses. (From Section INL#312-54.1; Added by Ord. 2103, Sec. 2, 1/9/96)

Open Space, Useable: Useable Open Space describes a consolidated play surface, excluding buildings, streets, parking, landscape strips, and setbacks, dedicated permanently for recreational opportunities and/or informal sports activities through public ownership. (From Section INL#312-73; Added by Ord. 2103, Sec. 3, 1/9/96)

Operator, Surface Mining: Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on that person’s behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation. (Former Section CZ#A312-17)

Overburden: Soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations. (Former Section CZ#A312-17)

Owner, Property: The person or persons, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act on behalf of an owner. (Former Section CZ#A312-17)

313-151 Definitions (P)

Parcel: (See, Lot.) (See also, Density, Minimum Parcel Size)

Parking Area: An open area, other than a street or alley, that contains parking spaces. (Former Section CZ#A312-18)

Parking Space: An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle. (Former Section CZ#A312-18)

Parkland Dedication: (See Section 313-110.1, Parkland Dedication.)

Path: A dedicated public way intended for pedestrian movement. (Former Section CZ#A312-18)

Permit: Any license, certificate, approval, or other entitlement for use granted or denied by any public agency. (Former Section CZ#A312-18)

Permit, Coastal Development: A permit for any development within the Coastal Zone that is required under Public Resources Code Section 30600(a) and issued pursuant to Chapter 2 of these regulations. (Former Section CZ#A312-18)

Permitted: A use, facility or activity which is allowed, subject to applicable permit requirements and all other applicable regulations. (Former Section CZ#A312-2)

Person: Any individual, organization, partnership, corporation, city, county, district, or the state or any department or agency thereof. (See, Public Resources Code Section 4525). (Former Section CZ#A312-18)

Piling Fence: A wooden barrier, such as a groin or revetment, designed to prevent erosion of a river bank. Piling fences typically consist of vertical piles placed within and adjacent to the channel with horizontal or diagonal crossties of cable or wood. (Former Section CZ#A312-18)

Plan, Timber Management: (See, Timber Management Plan)

Planned Unit Development: An integrated development located on a single building site, or on two or more building sites which may be separated only by a street or other right-of-way. This development technique permits variable parcel sizes but limits the overall density so it is consistent with the gross densities permitted in the zone. The purpose of Planned Unit Developments is to provide development compatible with environmental, geologic or topographic features of a parcel. Such developments shall be carried out in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facilities, open space, and utilities. The comprehensive plan shall further provide a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property. Planned Unit Developments are subject to the Planned Unit Development Regulations and the Planned Unit Development Permit Procedure. (Former Section CZ#A312-18)

Planning Commission: The Planning Commission of Humboldt County as established by the Board of Supervisors. (Former Section CZ#A312-2)

Plant:

a.Hydrophytic: Any plant growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (i.e., plants typically found in wet habitats). (Former Section CZ#A312-18)

b.Mesophytic: Any plant growing where moisture and aeration conditions lie between extremes (i.e., plants typically found in habitats with average moisture conditions, not usually dry or wet.) (Former Section CZ#A312-18)

c.Xerophytic: Any plant growing in a habitat in which an appreciable portion of the rooting medium dries to the wilting coefficient at frequent intervals (i.e., plants typically found in very dry habitats). (Former Section CZ#A312-18)

Pool, Swimming: (See, Swimming Pool)

Prime Agricultural Land: (See, Agricultural Land, Prime)

Principal Permitted Use: (See, Use, Principal Permitted)

Private Garage: (See, Garage, Private)

Private Institution Use Type: (See, Commercial Use Types, Private Institution, in Section D: Use Types.)

Private Recreation Use Type: (See, Commercial Use Types in Section D: Use Types.)

Processing, Animal and Fish Products: (See, Animal and Fish Product Processing)

Processing, Animal and Fish Waste Products: (See, Animal and Fish Waste Product Processing)

Processing, Timber Products: (See, Industrial Use Types, Timber Products Processing, in Section D: Use Types.)

Project: (See, Development)

Psychiatric Facility: An institution in which care or treatment is given to persons suffering from mental illness, disease, disorder or ailment. Such facilities include, but are not limited to, psychiatric hospitals, day treatment hospitals, long-term care facilities, residential treatment centers, family homes (for the mentally ill), alcoholism hospitals, and facilities for admission of drug addicts all as defined in Article 2 of Subchapter 1 of Title 9 of the California Code of Regulations, or any successor provision thereto. (Former Section CZ#A312-18)

Public Coastal Access Facilities: (See, Natural Resource Use Types, Public Coastal Access Facilities, in Section D: Use Types.)

Public Garage: (See, Garage, Public)

Public Road: (See, Street, Public)

Public Stables: (See, Stables, Public)

Public Use: A use operated exclusively by a governmental agency or public agency which has the purpose of serving the public health, safety, convenience or general welfare, and including but not limited to such uses as schools, parks, playgrounds, educational, recreational and social facilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities. Public use shall also include the operation of any foster home or shelter care home licensed by the County Department of Social Services or designated by the County Probation Department or any court. (See also, Civic Use Types in Listing of Use Type Classifications in Section D: Use Types.) (From Section INL#312-58; Ord. 519, Sec. 254, 5/11/65)

Public Utility: A company or corporation regulated by the California Public Utilities Commission. (Former Section CZ#A312-18)

Public Works: All production, storage, transmission, and recovery facilities for water, sewage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. Public Works shall further include: (Former Section CZ#A312-18)

a.All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. (Former Section CZ#A312-18)

b.All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district; (Former Section CZ#A312-18)

c.All community college facilities. (Reference: Public Resources Code Section 30114.) (Former Section CZ#A312-18)

313-152 Definitions (Q)

Qualifying Resident: Means senior citizens or other persons eligible to reside in Senior Citizen Housing. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(13); Added by Ord. 2167, Sec. 25, 4/7/98)

Quasi-Public Use: A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization. Quasi-Public Uses include, but are not limited to churches, private school, universities, community recreational, educational and social facilities, meeting halls, private hospitals and other similar facilities. (See also, Civic Use Types in Section D: Use Types.) (From INL#312-59; Ord. 519, Sec. 256, 5/11/65)

Quimby Act: (See Section 313-110.1, Parkland Dedication.)

313-153 Definitions (R)

Rear Lot Line: (See, Lot Line, Rear)

Rear Yard: (See, Yard, Rear)

Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (See also, Section 313-61.2, Surface Mining and Reclamation.) (Former Section CZ#A312-20)

Recreation, Commercial: (See, Commercial Use Types, Commercial Recreation, in Section D: Use Types.)

Recreation, Private: (See, Commercial Use Types, Private Recreation, in Section D: Use Types.)

Recreational Facilities, Commercial: Facilities serving recreational needs but operated for private profit, including, for example, special occupancy parks, tent camps, chartered fishing boats, tourist attractions and amusement or marine parks. (See also, Commercial Use Types, in Section D: Use Types.) (Former Section CZ#A312-20; Amended by Ord. 2167, Sec. 4, 4/7/98)

Recreational Off-Road Vehicle: (See, Vehicle, Recreational Off-Road)

Recreational, Resource-Related: (See, Natural Resource Use Types, Resource-Related Recreational, in Section D: Use Types.)

Recreational Vehicle: “Recreational Vehicle” as used in this Code has the same meaning as stated in Sec. 18010 of the California Health and Safety Code (recreational vehicle). “Recreational Vehicle” is a motor home, travel trailer, truck camper or camping trailer, with or without a motor, designed for human habitation for recreational, emergency, or other occupancy, with a living area less than 320 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (See also, “Vehicle, Recreational Off-Road” and “Manufactured Home.”) (Former Section CZ#A312-20; Amended by Ord. 2167, Sec. 4, 4/7/98)

Recreational Vehicle Park: “Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents, and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in Section 313-113.1, Special Occupancy Parks. (See also, definition of “Special Occupancy Park.”) (Former Section CZ#A312-20; CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)

Refuse Disposal Site: (See, Civic Use Types, Solid Waste Disposal, in Section D: Use Types.)

Repair: To restore to a sound state after decay, dilapidation, or partial destruction, and to restore to the original existing structure that which is lost or destroyed. (Former Section CZ#A312-20)

Replacement: Providing, within an existing structure, a substitute for some component, where the substitution is of the same character and extent as that which it is replacing. (Former Section CZ#A312-20)

Residential Use Types: (See Residential Use Types, in Section D: Use Types.)

Resource Protection Maps: Maps which designate certain natural resources and resource values within the Humboldt County Coastal Zone, such as coastal view areas, coastal scenic areas, wetlands, dunes and beaches, which together with the land use maps and plan text for each planning area constitute the Land Use Plan Element of the Humboldt County Local Coastal Program. (Former Section CZ#A312-20)

Rest Home: Any place or institution which makes provisions for bed care or convalescent care for one (1) or more persons, exclusive of relatives, who by reasons of illness or physical infirmity are unable to care for themselves. Rest home does not include any facility in which persons suffering from contagious or communicable disease are kept, and in which surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed. Rest homes shall include all places defined in Title 17 of the California Code of Regulations, or any successor provision thereto, and licensed as nursing or convalescent homes. (See also, Private Institution) (Former Section CZ#A312-20)

Retail Sales: (See, Commercial Use Types, Retail Sales, in Section D: Use Types.)

Retail Service: (See, Commercial Use Types, Retail Service, in Section D: Use Types.)

Revetment: A facing of rock or rubble to prevent erosion of a shore or river bank. (Former Section CZ#A312-20)

Right-of-Way: An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. (See also, Easement) (Former Section CZ#A312-20)

Riparian Vegetation: Vegetation commonly occurring adjacent to stream banks and including, but not limited to such plants as willows, alders, cottonwood, wax myrtle, big leaf maple, California laurel, red elderberry, etc. (Former Section CZ#A312-20)

Road: (See, Street)

Roadside Stand: A temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located, or produced upon other sites under the same ownership as that of the premises on which the stand is located. (Former Section CZ#A312-20)

Rock Hard Point: A groin constructed of rock or rubble to prevent erosion of a riverbank. (Former Section CZ#A312-20)

Room, Habitable: Any room in a main or accessory building, except a bathroom, water closet, hall, storage space, utility room, foyer, communicating hall, pantry, laundry, or unfinished attic, basement or cellar. (Former Section CZ#A312-20)

Rooming House: (See, Hotel)

313-154 Definitions (S)

Sanitarium: (See, Private Institution and Rest Home)

Sea: The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. (Former Section CZ#A312-21)

Sea Cliff: For the purposes of this ordinance, “cliff” or “bluff” is limited to those features having vertical relief of ten (10) feet or more, and “sea cliff” is a cliff whose toe is or may be subject to marine erosion. (See also, “Bluff” and “Cliff.”) (Former Section CZ#A312-4)

Seawall: An upright structure designed to prevent erosion of a sea cliff by wave attack. (Former Section CZ#A312-21)

Secondhand Merchandise/Goods: Used common household items including clothing, personal effects, household furnishings, appliances, and office equipment and furnishings.

Section: A Section of the Zoning Regulations unless otherwise indicated. (Former Section CZ#A312-2)

Semi-Detached: (See, Building Type, Residential, Semi-Detached)

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 Sections 51.2 and 51.3. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(14); Added by Ord. 2167, Sec. 25, 4/7/98)

Sensitive Habitat Areas: (See, Habitat Areas, Environmentally Sensitive)

Service Station, Auto: (See, Automobile Service, Gas or Filling Station)

Setback: A required specified distance between buildings or structures or structures and a lot line or lines, measured perpendicularly in a horizontal plane extending from the complete length of said lot line or lines. (Former Section CZ#A312-21)

Setback, Front Yard: The setback applicable in the front yard of a lot. (Former Section CZ#A312-21)

Setback, Rear Yard: The setback applicable in the rear yard of a lot. (Former Section CZ#A312-21)

Setback, Side Yard: The setback applicable in the side yard of a lot. (Former Section CZ#A312-21)

Setback, Stringline Method of Development: In a developed area where new construction is generally infilling and is otherwise consistent with the provisions of this ordinance, no part of a proposed new structure, including decks, shall be built closer to a wetland than a line drawn between the most seaward portions of the adjacent structures on adjacent lots. (Former Section CZ#A312-21)

Short-Term Rental: Permitted or legal nonconforming dwelling units, rented to guests for thirty (30) consecutive days or fewer.

Short-Term Rental Caretaker: The person or persons that lives in the subject dwelling unit, attends to day-to-day operations associated with the maintenance of the short-term rental and who is the point of contact for neighborhood concerns.

Short-Term Rental Permit Holder (“Permit Holder”): The person or persons that has control and responsibility for the short-term rental of a dwelling unit and that is responsible for ensuring compliance with all applicable laws and regulations.

Side Lot Line: (See, Lot Line, Side).

Side Yard: (See, Yard, Side).

Sign: A structure whether located inside or outside a building, which is visible from any lot line, and the primary purpose of which is the conveyance of an idea, advertisement, endorsement, identification, or information, by means of visual symbols, lettering, illustration, or any other means of directing attention or communication. A sign includes display surfaces together with such improvements as are utilized in supporting, maintaining, and illuminating the display surfaces, and is subject to the Sign Regulations of this Code. (See also, Section 313-87.3, Signs and Nameplates.) (Former Section CZ#A312-21)

Sign, Area: The display surface space within a single continuous perimeter which contains or could contain words, letters, figures or symbols together with any frame, material or color forming an integral part of the display, but excluding support structures, faces of buildings, and incidental parts not drawing attention to the subject matter. The area of a sign shall be calculated by multiplying the maximum vertical dimension by the maximum horizontal dimension of such display surface space. With respect to double-faced signs, the area of both display surfaces shall be included in the total sign area. (See also, Section 313-87.3, Signs and Nameplates.) (Former Section CZ#A312-21)

Slough, Nontidal: Any portion of a slough which is not inundated with sea water by the daily ebb and flow of the tides. (Former Section CZ#A312-21)

Snag: A standing dead tree or part thereof, regardless of species. (Former Section CZ#A312-21)

Solid Waste Disposal Site: (See, Civic Use Types, Solid Waste Disposal, in Section D: Use Types.)

Special Area: A designated area, subject to the provisions of the Special Area Regulations, as indicated by an alphabetical letter shown on the zoning maps. (Former Section CZ#A312-21)

Spillways: An alteration of a dike or levee above the level of mean high water for the purpose of drainage of flood waters. (Former Section CZ#A312-21)

Stable:

(a) Private: A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their non-paying guests. (Former Section CZ#A312-21)

(b) Public: A stable other than a private stable where horses and other animals, used for recreational riding, performing, packing or similar purposes, are available for hire, or are sheltered or fed for compensation. Facilities for privately owned horses not sheltered or fed for compensation, horses less than 1 year of age, public horses kept exclusively for grazing purposes in open pasture, and horses used for breeding purposes are not public stables. (See, Agricultural Use Types, Stables and Kennels, in Section D: Use Types.) (Former Section CZ#A312-21; Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)

State: The State of California. (Former Section CZ#A312-2)

State Board: The State Mining and Geology Board, in the Department of Conservation of the State of California. (Former Section CZ#A312-21)

Storage Garage: (See, Garage, Storage)

Storage of Non-operating Vehicles: (See, Vehicle Storage, Non-operating)

Stream, Anadromous Fish: Natural watercourse, largely located in the Coastal Zone, providing habitat for salmon, steelhead, coastal cutthroat trout and, in the Coastal Zone, limited to the following: In the North Coast Planning Area: McDonald Creek, Maple Creek; In the Trinidad Planning Area: Mill Creek, Luffenholtz Creek; In the McKinleyville Planning Area: Little River, Patrick Creek, Strawberry Creek, Widow White Creek, Mill Creek; and in the South Coast Planning Area: Telegraph Creek. (Former Section CZ#A312-21)

Stream Bed Skimming: All or any part of the process involved in the removal by any method of sand, gravel, rock or other earthen material from stream beds or stream channel bars normally subject to inundation during winter flows. Stream bed skimming includes, but is not limited to: (Former Section CZ#A312-21)

(a) On-site processing of extracted material, including screening, washing, crushing, stockpiling or batching.

(b) .The production and disposal of mining waste.

(c) .Processing and exploratory activities.

Stream Channel: That portion of a drainage course which extends to the stream transition lines on both sides. (Former Section CZ#A312-21)

Stream, Coastal: In the Coastal Zone, a natural water course as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published, or as corrected to reflect conditions as they actually exist on the ground as provided in the Streams and Riparian Corridors Protection regulations applicable in the Coastal Zone. (Former Section CZ#A312-21)

Stream Transition Line: That line closest to a stream where riparian vegetation is permanently established. (Former Section CZ#A312-21)

Street: A public or private right-of-way, not less than ten (10) feet in width, which provides a primary means of vehicular access to abutting property. When a road, street or highway does not have a clearly delineated right-of-way of record, either by deed or map, the boundary between the street and the abutting lots shall be deemed to run parallel to the centerline of the street, at a distance of twenty-five (25) feet from both sides of the centerline. (Former Section CZ#A312-21; Ord. 519, Sec. 261, 5/11/65)

Street, Centerline of: The center of an existing or planned road right-of-way, or as otherwise defined by the Humboldt County map of publicly maintained road systems. (Former Section CZ#A312-21)

Street, Public: A road open to the general public which is: (a) in the State or County road system; or (b) a road on which a public agency has a deeded, unlimited easement. (Former Section CZ#A312-21)

Street Line: The boundary between a street right-of-way and abutting property. (From Section INL#312-65; Ord. 519, Sec. 262, 5/11/65)

Stringline Method of Development Setback: (See, Setback, Stringline Method of Development)

Structural Alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. (Former Section CZ#A312-21)

Structure: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including swimming pools and signs. Recreational vehicles used for human occupation are considered structures. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89; Amended by Ord. 2167, 4/7/98)

(a) “Structure” does not include decks and platforms thirty (30) inches or less in height, signs three (3) feet or less in height, driveways, patios, or parking spaces where the area is unobstructed from the ground up, or fences seven (7) feet or less in height. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)

(b) For zoning setback purposes only, retaining walls six (6) feet or less in height are not considered structures. (Building permits may be required for retaining walls.) Decks and platforms thirty (30) inches or less in height must conform with setback standards of this code. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)

(c) Structures, unless exempt, may require a Coastal Development Permit in the Coastal Zone. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)

(d) It should be noted that placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of this Title III of the Code (Visibility Obstruction Regulations), at Section 341 and following. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)

Structure for Human Occupancy: Any structure used or intended for supporting or sheltering any use or occupancy, which is expected to have a human occupancy rate of more than 2,000 person-hours per year. The number of person hours is calculated by adding all hours spent by all persons who will be occupying the premises during any one typical 12-month period. (Former Section CZ#A312-21)

Structure, Nonconforming: All or a portion of a building, structure or facility, or a use thereof, which was lawfully erected, altered, established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See, Section 313-131, Nonconforming Uses, and Section 313-132, Nonconforming Structures.) (Former Section CZ#A312-21)

Structure, Shoreline Protection: Revetments, breakwaters, bulkheads, graving yards, groins, seawalls, and other such construction which alters natural shoreline processes. (Former Section CZ#A312-21)

Subdivision: The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision,” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land only for purposes of computing the number of parcels; such conveyances are subject to all other land division requirements. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. See, Government Code Section 66424. (Former Section CZ#A312-21)

It should be noted that any division, by lease or otherwise, of agricultural or timber production lands may be subject to state or local laws, or land conservation contracts (see, for example, Government Code Section 51100 and following (timberland generally), Section 51119.5 relating to division of timber lands, and Section 51230 relating to agricultural preserves).

Subordinate: Subordinate, in the context of defining a subordinate structure, means a structure of lesser bulk and less prominence, as determined by considering the combined effect of yard setbacks, ground coverage, height and form. (From Section INL#312-67.1; Ord. 1633, Sec. 5, 3/13/84)

Substitution of Use (Activities): The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change solely of ownership, tenancy, or management, where the previous business activity or other type of use is substantially unchanged. (Former Section CZ#A312-21)

Surface Mining: (See, Extractive Use Types, Surface Mining, in Section D: Use Types.) (See also, other various definitions of words and phrases related to surface mining operations, and Section 313-61.2, Surface Mining and Reclamation, in this Chapter.)

Surface Mining Operations: (See also, Section 313-61.2, Surface Mining and Reclamation.) Surface mining “operations” mean: (Former Section CZ#A312-21)

(a) All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger methods, dredging and quarrying or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

(1) Inplace distillation, retorting or leaching.

(2) The production and disposal of mining waste.

(3) Prospecting and exploratory activities.

(b) Borrow pitting, stream bed skimming, segregation and stockpiling of mined minerals and recovery of same.

c.Earth moving activities which result in excavations, fills, grades, or embankments which will not be beneficially modified by the construction of structures, landscaping, or other land improvement, and which do not of themselves constitute engineered works.

Swap Lot: A building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, sell or bargain for new or used merchandise. (Also called “Flea Market” or “Flea Mart.”) (Former Section CZ#A312-21)

Swap Meet: The activity carried on in a swap lot. (Former Section CZ#A312-21)

Swimming Pool: Any confined body of water which exceeds two (2) feet in depth, which is located either above or below the existing finished grade of the site, and which is designed, used or intended to be used for swimming, bathing or therapeutic purposes. (Former Section CZ#A312-21) (Ord. 2717, § 5, 6/27/2023; Ord. 2749, § 3, 10/1/2024; Ord. 2733, § 3, 3/5/2024)

313-155 Definitions (T)

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: (See below table.)

SRO (residential hotel) unit

75% of 1 person

0 bedroom (studio)

1 person

1 bedroom

2 persons

2 bedroom

3 persons

3 bedroom

4 persons

4 bedroom

6 persons

(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(15); Added by Ord. 2167, Sec. 25, 4/7/98)

Through-lot: (See, Lot, Through)

Tidegate: A structure with a valve and located in a dike designed to permit the one way drainage of surface water from land to a wetland or estuary and to prevent tidal inundation of the land. (See also, Floodgate (non-tidal waters). (Former Section CZ#A312-22)

Timber, Commercial Timber Use Types: See Commercial Timber Production Use Types in Section D: Use Types.)

Timber Harvest: The cutting and removal of timber or other solid wood forest products from timberlands for commercial purposes, together with all of the work incidental to the harvest. The incidental work includes, but is not limited to fire hazard abatement, and construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, and beds for the falling of trees. “Timber Harvest” does not include cutting or removal of timber for creating building pads or access to a legal building site, when such cutting or removal is approved as a part of the building and/or encroachment permit. “Timber Harvest” also does not include the removal of diseased or dangerous trees that have no commercial value. Removal or harvest of incidental vegetation from timberlands such as berries, ferns, greenery, mistletoe, herbs, and other products, which action cannot normally be expected to result in a threat to forest, air, water, or soil resources, does not constitute timber harvesting or production. (Former Section CZ#A312-22)

Timber Management: The cutting or removal of the timber, other solid forest wood products, or other vegetation from timberlands for the purpose of improving the productivity of commercial species on the site, together with all of the work incidental to this activity, such as construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, and fire hazard abatement. Timber management activities include, but are not limited to, pre-commercial thinning, removal of non-preferred species (release), pruning, site preparation, protection practices, and incidental follow-up treatments. Pruning, protection practices (including such activities as placement of protective devices around trees and trappings), and incidental follow up treatments do not constitute development as defined by the Coastal Act of 1976. (See the definition of “Development.”) (Former Section CZ#A312-22)

Timber Management Plan: A written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland, and which includes reasonable rotation and harvest cycle data. (Former Section CZ#A312-22)

Timber Product Processing: (See Industrial Use Types, Timber Products Processing, in Section D: Use Types.)

Timber Production: (See, Timber Management.)

Timberland: Land, other than land owned by the Federal government and land designated by the Board of Forestry as experimental forest land, which is available for, and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, including Christmas trees. (See, Public Resources Code Section 4526) (Former Section CZ#A312-22)

Tiny House: A structure intended for separate, independent living quarters, designed as a permanent, year-round residence for one (1) household that:

1.Is built or installed on a permanent foundation or anchored with a foundation system meeting State-approved requirements for manufactured housing, or that is designed by a licensed architect or engineer to meet those requirements;

2.Is no larger than four hundred (400) square feet;

3.Has at least one hundred twenty (120) square feet of first floor interior living space;

4.Is a detached self-contained unit that includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation.

Trailer: Any vehicle without a motor or designed to be drawn by a motor vehicle and to be used as a selling or advertising device, or used for storage or conveyance of tools, equipment, or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets. Trailers may be moved upon a public highway without a Special Permit or chauffeur’s license or both. The term trailer does not include the terms “camp trailer,” “trailer coach,” “travel trailer,” “automobile trailer,” or “house trailer.” (See also, “Recreational Vehicle.”) (Former Section CZ#A312-22)

Trailer Park: (See, Recreational Vehicle Park)

Transient Habitation: (See, Commercial Use Types, Transient Habitation, in Section D: Use Types.)

Transient Services: When used in conjunction with boarding or lodging, it means services that are charged for in units of less than one month and where the majority of people utilizing such services remain for periods of less than three months. (Former Section CZ#A312-22)

Transitional Agricultural Land: (See, Agricultural Land, Transitional)

Transitional Agricultural Land, Boundary of: (See, Agricultural Land, Boundary of Transitional)

Treatment Works: “Treatment Works” shall have the same meaning as set forth in the Federal Water Pollution Control Act (Title 33 of the U.S. Code, Section 1251 and following) and any other Federal Act which amends or supplements the Federal Water Pollution Control Act. (Former Section CZ#A312-22) (Ord. 2717, § 5, 6/27/2023)

313-156 Definitions (U)

Urban Limit Line: Generally found in the Coastal Land Use Plans, these are a delineation of lands where urban use types, densities, and intensities of development may be permitted. (Former Section CZ#A312-23)

Use: The purpose or activity for which land, a building, or a structure is occupied, arranged, designed, or intended, or for which it is or may be occupied or maintained. Uses are generally segregated into the following types: (Former Section CZ#A312-23)

a.Accessory: A use legally permitted in the zone, which use is customary and incidental to and subordinate to the principal use of the site or of a main building on the site and serving a purpose which does not change the character of the principal use. (Former Section CZ#A312-23)

b. Conditional: A use type subject to a Use Permit, which use may be essential or desirable to the public convenience or welfare in one (1) or more zones, but which may also impair the integrity and character of the zone or adjoining zone, or be detrimental to the public health, safety or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall be permitted when all specific additional restrictions are completed and permanently satisfied in conformance with an approved Use Permit. Should such restrictions be of a continuing nature, the use will remain conditional so long as the restrictions are complied with, but shall become an illegal use whenever and so long as the restrictions are not complied with. (Former Section CZ#A312-23)

c.Nonconforming: A use, which was lawfully established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See Section 313-131, Nonconforming Uses, and Section 313-132, Nonconforming Structures.) (Former Section CZ#A312-21, CZ#A312-23)

d.Principal Permitted: The specific and primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee or other person who has legal right to use the land, has a right to conduct such principal permitted use subject to the procedural requirements of Chapter 2, of these Regulations. (Former Section CZ#A312-23)

Use Type: A category or class of land uses which share common functional, product or compatibility characteristics and which have been classified under a discreet use type in these regulations. The Use Types for each zone district are listed in Section A: “Regulations for Zoning Districts.” Use Types are defined and described in Section D: Use Types. (Former Section CZ#A312-23)

Useable Open Space: (See, Open Space, Useable)

Used: Includes “arranged for,” “designed for,” “occupied,” or “intended to be occupied for.” (Former Section CZ#A312-2)

Utilities: (See, Civic Use Types, including, e.g.: Extensive Impact Uses; Electrical Distribution Lines, Major; Generation and Distribution Facilities, Minor; Oil and Gas Pipelines; and/or Utilities, Minor; in Section D: Use Types.) (Also see, definition of “Public Utility.”)

313-157 Definitions (V)

Vegetation, Riparian: (See, Riparian Vegetation)

Vehicle, Emergency: A motorized vehicle or trailer used for fire prevention and control, policing, sanitation, sewage, drainage, flood control, and public utility maintenance and service. Responsible users may include public districts, agencies, or departments or privately owned public utilities. (From Section INL#312-25; Ord. 519, Sec. 225, 5/11/65)

Vehicle, Recreational: (See, Recreational Vehicle.)

Vehicle, Recreational Off Road: Recreational off road vehicle includes all four (4) wheel drive motor vehicles or other vehicles suitable for off road use, including but not necessarily limited to, automobiles, sand buggies, dune buggies, all terrain vehicles, motorcycles, motor-driven cycles, motor-driven three-wheel cycles, motor scooters, trail bikes, and mini-bikes. (Former Section CZ#A312-24)

Vehicle Storage, Non-operating Vehicles: The storage of non-operating motor vehicles shall not include automobile wrecking. The presence on any lot or parcel of land of five or more motor vehicles, which for a period exceeding 30 days have not been removed, or which are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of non-operating motor vehicles. (Former Section CZ#A312-24)

Vertical Access: (See, Access, Coastal Vertical)

Very Low Income: Fifty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2)(a); Added by Ord. 2167, Sec. 25, 4/7/98)

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. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(16); Added by Ord. 2167, Sec. 25, 4/7/98)

View, Coastal: Views of the beach and ocean from the public roads and parks. (Former Section CZ#A312-24)

View Area, Coastal: View areas designated by the Coastal Land Use Plan and Resource Protection Maps and designated D-Design Review view area on the zoning maps for the Coastal Zone. (Former Section CZ#A312-24)

Visitor-Serving Facilities: (See, Commercial Use Types, Visitor-Serving Facilities, in Section D: Use Types.)

313-158 Definitions (W)

Wall, Exterior: Any wall or element of a wall or any member or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater from the horizontal plane. (Former Section CZ#A312-25)

Warehousing, Storage and Distribution Use Type: (See, Commercial Use Types: Warehousing, Storage and Distribution, in Section D: Use Types.)

Water, Watercourse: (See, Drainage, Natural.) (See also, Drainage Works.)

Water Distribution: (See, Civic Use Types, “Essential Services,” and “Utilities, Minor.”)

Watershed Management: (See, Natural Resource Use Types: Watershed Management, in Section D: Use Types.)

Well: A shaft or hole sunk to obtain water. (See also, Civic Use Types, Essential Services.) (Former Section CZ#A312-25)

Wetlands: Lands within the County Coastal Zone that may be covered periodically or permanently with shallow waters, including salt marshes, freshwater marshes, swamps, mudflats, fens, and transitional agricultural lands. The County will use the U.S. Fish and Wildlife Service’s Classification of Wetland and Deepwater Habitats of the United States as a guide to wetland identification. In general, lands which meet the classification’s definition of subtidal estuarine aquatic beds, estuarine intertidal flats and emergent habitats, and palustrine emergent and non-riparian palustrine shrub-scrub and forested habitats will be considered wetlands. (Former Section CZ#A312-25)

Wetland Farmed: (See, Agricultural Land, Transitional)

Wetland, Boundary of: Either: (Former Section CZ#A312-25)

a.The boundary between land with predominately hydrophyticplant cover and land with predominantly mesophytic or xerophytic plant cover;

b.The boundary between soil that is predominately hydric and soil that is predominately nonhydric;

c.In the case of wetlands without vegetation or soils; the boundary between land that is flooded or saturated at some time of the growing season during years of normal precipitation and land that is not; or

d.The boundary between wetland and riparian habitats.

e.Areas with drained or filled hydric soils which are no longer capable of supporting hydrophytes are not considered wetlands, unless such areas were drained or filled in violation of this Code, or other local, State or Federal law.

Wetland Buffer Area: (See, Section 313-125, Wetland Buffer Areas.)

Wetland, Farmed: (See, Agricultural Land, Transitional)

Wetland, Farmed, Boundary of: (See, Agricultural Land, Boundary Of, Transitional)

Wetland, Functional Capacity: The ability of the wetland or estuary to be self-sustaining and to maintain species diversity. (Former Section CZ#A312-25)

Wetland Restoration: (See, Natural Resource Use Types, Wetland Restoration, in Section D: Use Types.)

Wildlife Management: Manipulation of habitats to produce some level of a desired species or manipulating animal populations to achieve a desired end. (Former Section CZ#A312-25)

Wind Generator: Any machine that converts kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind mill or wind turbine). (Former Section CZ#A312-25)

Wrecking and Salvage Yards: A wrecking and salvage yard is any aggregate area of more than 200 square feet within any parcel, lot or contiguous lots of real property which is used as a place where imported waste, inoperable machinery, inoperable motor vehicles, or discarded or salvaged materials are disassembled, handled, placed, processed, baled, packaged or stored. The term “wrecking and salvage yard” includes, but is not limited to, auto and trailer wrecking yards, other wrecking yards, scrap metal yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel material and equipment. Any of the activities or conditions that would otherwise be a wrecking and salvage yard shall not constitute a wrecking or salvage yard if conducted entirely within a completely enclosed building. The term “wrecking and salvage yard” does not include areas used for the sale or storage of operable automobiles, tractors, farm machinery, house trailers or boats. The term “wrecking or salvage yard” also does not include areas used for the salvaging of materials incidental to and used in manufacturing or farm operations, providing such salvaging of materials takes place where the manufacturing or farming is done. (See also, “Automobile Wrecking.”) (For more information on wrecking and salvage yards, see Chapter 1 of Title III, Division 7 of these regulations.) (Former Section CZ#A312-12; From Section 371-1)

313-159 Definitions (X)

Xerophytic Plant: (See, Plant, Xerophytic)

313-160 Definitions (Y)

Yard: An open space other than a court, which is unoccupied and unobstructed from the ground upward except for landscaping or as specified elsewhere in this Code, but not including any portion of any street, alley or road right-of-way except as specified elsewhere in this Code. (See also, “Lot” and “Setback.”) (Former Section CZ#A312-27)

(a) FrontA yard measured into a lot from its front lot line or lines.

(b) RearA yard measured into a lot from its rear lot line.

(c) SideA yard measured into a lot from its side lot lines. A required side yard shall extend between the required front or rear lot lines where no front yard or rear yard is required.

(1) Yard, Side, Exterior: A side yard abutting a street, which yard shall extend from the front yard to the rear yard, or the front or rear lot lines where no front yard or rear yard is required.

(2) Yard, Side, Interior: Any side yard other than an exterior side yard.

Yard, Salvage: (See Wrecking and Salvage Yards)

Yard, Wrecking: See Wrecking and Salvage Yards)

313-161 Definitions (Z)

Zone: A mapped portion of the territory of the County of Humboldt within which uniform regulations and requirements, or combinations thereof, apply under the provisions of this Code. (Former Section CZ#A312-28; INL#312-77; Ord. 519, Sec. 274, 5/11/65)

a. Principal. The first zone designation applied to a lot or piece of property, which designates the principally permitted uses on the property. The zoning designations are found on the zoning maps.

b. Combining. This is an additional zoning designation applied to some (but not all) properties. Combining zones are indicated on the zoning maps. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone.

313-1 Lists of Zone Mapping Designations and Lists of Permitted Use Types

1.1 ZONE MAPPING DESIGNATIONS

The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. The Principal Zoning Districts in the Coastal Zone shall be represented on the adopted zoning maps by the designations in the following table. An explanation of what is allowed in each district follows this list. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms, below.

1.2 LISTS OF PERMITTED USE TYPES

Beginning with Section 313-2, Section A, Part 1 of this Chapter contains a list of permitted use types in the Principal Zones. These use types are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms. Full descriptions of each use type are found in Section D, Part 2: Glossary of Use Types.

PRINCIPAL ZONES - COASTAL

ZONE DISTRICT

DESIGNATION

CODE SECTION

COMMERCIAL

Neighborhood Commercial

CN

313-2.1

Commercial General

CG

313-2.2

INDUSTRIAL

Business Park

MB

313-3.1

Light Industrial

ML

313-3.2

Industrial General

MG

313-3.3

Industrial/Coastal-Dependent

MC

313-3.4

PUBLIC

Public Facility – Urban

PF1

313-4.1

Public Facility – Rural

PF2

313-4.2

RECREATION AND CONSERVATION

Public Recreation

PR

313-5.1

Commercial Recreation

CR

313-5.2

Coastal-Dependent Commercial Recreation

CRD

313-5.3

Natural Resources

NR

313-5.4

RESIDENTIAL

Residential Single Family*

RS-5, RS-7.5, RS-10, RS-20, RS-40

313-6.1

Residential Multi-Family**

RM

313-6.2

Residential Mixed

R2

313-6.3

Rural Residential Agriculture***

RA-1, RA-2, RA-2.5, RA-5, RA-10, RA-20, RA-40

313-6.4

RESOURCE

Agriculture Exclusive***

AE-20, AE-40, AE-60, AE-160, AE-600

313-7.1

Commercial Timberland (Coastal)

TC

313-7.2

Timberland Production Zone

TPZ

313-7.3

*In the RS district, the number following the RS sets forth the minimum parcel size, in square feet, in the zone district.

**In the “RM - Residential Multi-Family Zone”, a maximum density shall be represented on the adopted zoning maps by a whole number immediately following the principal zone designator corresponding to the maximum permitted dwelling units per acre (e.g., RM-5 equals a Residential Multi-Family Density Zone that allows for the development of up to five dwelling units per acre [5du/a]). (Former Section CZ#A313-13)

***In the RA and AE districts, the number following the RA or AE sets forth the minimum parcel size, in acres, in the zone district.

313-2 Commercial Zone Regulations

313-2.1

CN: Neighborhood Commercial

Principal Permitted Use

Neighborhood Commercial Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence.

Civic Use Types

Administrative

Community Assembly

Essential Services

Minor Generation and Distribution Facilities

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Commercial Use Types

Retail Sales

Retail Services

Office and Professional Service

Industrial Use Types

Cottage Industry; subject to the Cottage Industry Regulations.

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CN Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-21(A-C); amended by Ord. 2167, Sec. 18, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-2.1

CN: Neighborhood Commercial

Development Standards

Minimum Lot Size

5000 square feet

Minimum Lot Width

Fifty feet (50')

Maximum Lot Depth

Three (3) times the lot width

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5')

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified).

Maximum Structure Height

Forty-five feet (45')

Permitted Main Building Types

Ancillary Residential, Manufactured Home

Limited Mixed Residential - Nonresidential

Nonresidential Detached, Multiple/Group

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-21(A-C))

313-2.2

CG: Commercial General

Use Type

Principal Permitted Use

Civic Use Types

Minor Utilities

Essential Services

Administrative

Non-Assembly Cultural

Commercial Use Types

Retail Sales

Retail Services

Automotive, Sales, Service and Repair

Office and Professional Service

Industrial Use Types*

Cottage Industry; subject to the Cottage Industry Regulations

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Community Assembly

Health Care Services

Extensive Impact Civic Use

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Heavy Commercial

Warehousing Storage and Distribution

Transient Habitation

Mini-Storage

Industrial Use Type*

Research/Light Industrial

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CG Zone.

Development Standards

Minimum Lot Size

5,000 square feet

Minimum Lot Width

Fifty feet (50')

Maximum Lot Depth

Three (3) times the lot width

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5')

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified).

Maximum Structure Height

Forty-five feet (45')

Permitted Main Building Types

Ancillary Residential; Manufactured Home

Limited Mixed Residential - Nonresidential

Nonresidential Detached; Multiple/Group

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Ord. 2749, § 5, 10/1/2024)

313-3 Industrial Use Regulations

313-3.1

MB: Business Park

Use Type

Principal Permitted Use

Civic Use Types

Minor Utilities

Administrative

Commercial Use Types

Warehousing, Storage and Distribution

Office and Professional Service

Industrial Use Types*

Research/Light Industrial

Use Type

Conditionally Permitted Use

Commercial Use Types

Retail Sales

Retail Service Uses

Transient Habitation

Mini-Storage

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone.

Development Standards

Minimum Lot Size

10,000 square feet.

Minimum Lot Width

Sixty feet (60').

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Thirty feet (30').

Rear

Ten feet (10').

Side

Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

Fifty percent (50%).

Maximum Structure Height

Fifty feet (50').

Permitted Main Building Types

Nonresidential Detached, Attached or Multiple/Group

Limited Mixed Residential and Nonresidential

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-25(A-C))

313-3.2

ML: Light Industrial

Use Type

Principal Permitted Use

Civic Use Types

Minor Utilities

Commercial Use Types

Warehousing, Storage and Distribution

Heavy Commercial

Industrial Use Types*

Research/Light Industrial

Aquaculture; subject to the Coastal-Dependent Industrial Development Regulations

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations

Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Extensive Impact Civic Uses

Commercial Use Types

Retail Service

Retail Sales

Mini-Storage

Industrial Use Types*

Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations

Coastal-Related; subject to the Coastal-Dependent Industrial Development Regulations

Timber Product Processing

Agricultural Use Type

General Agriculture

Extractive Use Type

Surface Mining – 2; subject to the Surface Mining Regulations

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone.

Development Standards

Minimum Lot Size

10,000 square feet.

Minimum Lot Width

Sixty feet (60').

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Twenty-five feet (25').

Rear

Twenty-five feet (25').

Side

Twenty-five feet (25') on one side, and 0 feet on one side.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Fifty feet (50').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Unlimited Mixed Residential - Nonresidential.

Nonresidential Detached or Multiple/Group.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.

(Former Section CZ#A313-26(A-C))

313-3.3

MG: Industrial General

Use Type

Principal Permitted Use

Civic Use Types

Minor Utilities

Commercial Use Types

Warehousing, Storage and Distribution

Heavy Commercial

Industrial Use Types*

Research/Light Industrial

Aquaculture; subject to the Coastal-Dependent Industrial Development Regulations

Timber Product Processing

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Minor Generation and Distribution Facilities

Extensive Impact Civic Uses

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Industrial Use Type*

Heavy Industrial

Hazardous Industrial

Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations

Coastal-Related; subject to the Coastal-Dependent Industrial Development Regulations

Agricultural Use Type

General Agriculture

Extractive Use Type

Surface Mining - 1; subject to the Surface Mining Regulations

Surface Mining - 2; subject to the Surface Mining Regulations

Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations

Metallic Mineral Extraction; subject to the Surface Mining Regulations

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

313-3.3

MG: Industrial General

Development Standards

Minimum Lot Size

One acre (1a).

Minimum Lot Width

(None specified.)

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Fifty feet (50').

Rear

Fifty feet (50').

Side

Twenty-five feet (25').

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Unlimited Mixed Residential - Nonresidential.

Nonresidential Detached or Multiple/Group.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-27(A-C))

313-3.4

MC: Industrial/Coastal-Dependent

Use Type

Principal Permitted Use

Civic Use Types

Minor Utilities

Industrial Use Types*

Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations

Aquaculture; subject to the Coastal-Dependent Industrial Regulations

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the

Electrical Distribution Lines Regulations

Commercial Use Types

Coastal-Dependent Recreation

Industrial Use Type*

Coastal-Related; subject to the Coastal-Dependent Industrial Regulations

Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities

Extractive Use Type

Surface Mining - 1; subject to Surface Mining Regulations

Surface Mining - 2; subject to Surface Mining Regulations

Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations

Natural Resource Use Type

Coastal Access Facilities

Use Type

Interim Conditionally Permitted Use

Certain uses Principally and Conditionally permitted in Section 313-3.2 ML: Light Industrial and Section 313-3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1. Pursuant to Section 313-104.1, certain uses included in the following use types would not be allowed due to their inability to be removed or relocated in a feasible manner.

Civic Use Types

Extensive Impact Civic Uses

Minor Generation and Distribution Facilities

Commercial Use Types

Heavy Commercial

Retail Sales

Retail Service

Warehousing, Storage and Distribution

Industrial Use Types

Heavy Industrial

Research/Light Industrial

Timber Product Processing

Agricultural Use Type

General Agriculture

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

313-3.4

MC: Industrial/Coastal-Dependent

Development Standards

Minimum Lot Size

10,000 square feet.

Minimum Lot Width

(None specified.)

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations.

Rear

Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations.

Side

Side yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations.

Exceptions to Required Rear or Side Yard Setbacks

Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Unlimited Mixed Residential-Nonresidential.

Nonresidential Detached or Multiple/Group.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)

313-4 Public Use Zones

313-4.1

PF1: Public Facility (Urban)

Use Type

Principal Permitted Use

Civic Use Types

Essential Services

Administrative

Community Assembly

Non-Assembly Cultural

Public Recreation and Open Space

Health Care Services

Minor Utilities

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Extensive Impact Civic Uses

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone.

Development Standards

Minimum Lot Size

5,000 square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5').

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Forty-five feet (45').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Limited Mixed Residential - Nonresidential.

Nonresidential Detached, Multiple/Group.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-18(A-C); Amended by Ord. 1842, Sec. 19, 8/16/88)

313-4.2

PF2: Public Facility (Rural)

Use Type

Principal Permitted Use

Civic Use Types

Essential Services

Community Assembly

Public Recreation and Open Spaces

Minor Utilities

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Extensive Impact Civic Uses

Solid Waste Disposal; subject to the Solid Waste and Dredge Spoils Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the

Electrical Transmission Lines Regulations

Minor Generation and Distribution Facilities

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF2 Zone.

Development Standards

Minimum Lot Size

5,000 square feet

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5').

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

Thirty-five percent (35%).

Maximum Structure Height

Forty-five feet (45').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Limited Mixed Residential - Nonresidential.

Nonresidential Detached, Multiple/Group.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-19(A-C))

313-5 Recreation and Conservation Zones

313-5.1

PR: Public Recreation

Principal Permitted Use

Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence

Civic Use Types

Essential Services

Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations

Minor Generation and Distribution Facilities

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Commercial Use Types

Visitor Serving Facilities

Commercial Recreation

Coastal-Dependent Recreation

Recreational Vehicle Park

Natural Resource Use Types

Fish and Wildlife Habitat Management

Watershed Management

Wetland Restoration

Resource-Related Recreation

Boating Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone.

Development Standards

Minimum Lot Size

5,000 square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (15').

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

Thirty-five percent (35%).

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Limited Mixed Residential - Nonresidential.

Nonresidential Detached, Multiple/Group.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-5.2

CR: Commercial Recreation

Principal Permitted Use

Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Single Family Residential

Junior Accessory Dwelling Unit

Caretaker’s Residence

Civic Use Types

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Recreational Vehicle Park

Commercial Timber Use Types

Timber Production

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Boating Facilities Improvements

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone.

Development Standards

Minimum Lot Size

5,000 square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5').

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Forty-five feet (45').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Limited Mixed Residential - Nonresidential.

Nonresidential Detached, Multiple/Group.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)

313-5.3

CRD: Coastal-Dependent Commercial Recreation

Principal Permitted Use

Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Single Family Residential

Caretaker’s Residence

Civic Use Types

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Visitor Serving Facilities

Transient Habitation

Commercial Recreation

Recreational Vehicle Park

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Boating Facilities Improvements

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-5.3

CRD: Coastal-Dependent Commercial Recreation

Development Standards

Minimum Lot Size

5,000 square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone

Rear

Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5').

Side

None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Forty-five feet (45').

Permitted Main Building Types

Ancillary Residential; Manufactured Home.

Limited Mixed Residential - Nonresidential.

Nonresidential Detached, Multiple/Group.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-24(A-C)

313-5.4

NR: Natural Resources

Use Type

Principal Permitted Use

Natural Resource Use Types

Fish and Wildlife Habitat Management

Use Type

Conditionally Permitted Use

Residential Use Types

Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only)

Civic Use Types

Minor Utilities

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Industrial Use Types*

Aquaculture; subject to the Coastal-Dependent Industrial Regulations

Extractive Use Types

Surface Mining - 3; subject to the Surface Mining Regulations

Natural Resource Use Types

Watershed Management

Wetland Management

Boating Facilities Improvements

Resource-Related Recreation

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone.

Development Standards

Minimum Lot Size

Determined during subdivision approval process and in conformance with this zone and the General Plan.

Minimum Lot Width

Determined during subdivision approval process and in conformance with this zone and the General Plan.

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Twenty feet (20').

Rear

Ten feet (10').

Side

Five feet (5').

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023)

313-6 Residential Zone Districts

313-6.1

RS: Residential Single Family

Principal Permitted Use

Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Manufactured Home Park; subject to the Manufactured Home Park Regulations

Guest House

Civic Use Types

Essential Services

Community Assembly

Public Recreation and Open Space

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Neighborhood Commercial

Private Institution

Private Recreation

Commercial Timber Use Type

Timber Production

Industrial Use Types*

Cottage Industry; subject to the Cottage Industry Regulations

Extractive Use Type

Surface Mining - 2; subject to the Surface Mining Regulations

Natural Resource Use Type

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RS Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)

313-6.1

RS: Residential Single Family

Development Standards

Minimum Lot Size and Minimum Lot Width

Zone Designation

Minimum Lot Size

Minimum Lot Width

RS-5

5,000 sq. ft.

50 feet

RS-7.5

7,500 sq. ft.

60 feet

RS-10

10,000 sq. ft.

60 feet

RS-20

20,000 sq. ft.

75 feet

RS-40

40,000 sq. ft.

150 feet

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed by the General Plan.

Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517-131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131-009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms along bluffs and cliffs.

Minimum Yard Setbacks***

Front

Twenty feet (20').

Rear

Ten feet (10').

Interior Side

Five feet (5').

Exterior Side

Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

Thirty-five percent (35%).

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks.

Limited Mixed Residential-Nonresidential.

Nonresidential Detached or Multiple/Group.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)

313-6.2

RM: Residential Multi-Family

Principal Permitted Use

Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements.

Manufactured Home Parks; subject to the Manufactured Home Park Regulations

Civic Use Types

Essential Services

Community Assembly

Non-Assembly Cultural

Public Recreation and Open Space

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Commercial Use Types

Transient Habitation

Private Recreation

Neighborhood Commercial

Office and Professional Service

Private Institution

Commercial Timber Use Type

Timber Production

Natural Resource Use Type

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone.

Development Standards

Minimum Lot Size

Five thousand (5,000) square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one-half (1/2) of any adjacent street.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)

313-6.2

RM: Residential Multi-Family

Development Standards

Minimum Yard Setbacks***

Front

Twenty feet (20').

Rear

Ten feet (10').

Interior Side

Five feet (5').

Exterior Side

Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms).

In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Minimum Setbacks Between Detached Multiple Unit Dwellings

On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply:

Minimum distance between buildings:

Ten feet (10').

Minimum distance between the front of any dwelling unit in a building and any other building on-site:

Twenty feet (20').

Minimum distance between the front of any dwelling unit and any side lot line:

Twelve feet (12').

Minimum distance between buildings exceeding two (2) stories:

Two foot (2') increase, over setbacks specified in this section, for each additional story.

Maximum Ground Coverage

Sixty Percent (60%).

Maximum Structure Height

Forty-five feet (45').

Permitted Main Building Types

Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks.

Duplex, Multiple dwellings, and Multiple/Group.

Limited Mixed Residential-Nonresidential.

Nonresidential Detached, or Multiple/Group.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-14(A-C))

313-6.3

R2: Mixed Residential

Principal Permitted Use

Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Manufactured Home Park; subject to the Manufactured Home Park Regulations

Guest House

Civic Use Types

Essential Services

Community Assembly

Public Recreation and Open Space

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Neighborhood Commercial

Private Institution

Private Recreation

Commercial Timber Use Type

Timber Production

Industrial Use Types*

Cottage Industry; subject to the Cottage Industry Regulations

Extractive Use Type

Surface Mining - 2; subject to the Surface Mining Regulations

Natural Resource Use Type

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-6.3

R2: MIXED RESIDENTIAL

Development Standards

Minimum Lot Size

Five thousand (5,000) square feet.

Minimum Lot Width

Fifty feet (50').

Maximum Lot Depth

Three (3) times the lot width.

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Twenty feet (20').

Rear

Ten feet (10').

Interior Side

Five feet (5').

Exterior Side

Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms).

In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Maximum Ground Coverage

Thirty-five percent (35%).

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05).

Duplex.

Limited Mixed Residential-Nonresidential.

Nonresidential Detached or Multiple/Group.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)

313-6.4

RA: Rural Residential Agriculture

Principal Permitted Use

Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Guest House

Civic Use Types

Essential Services

Community Assembly

Public Recreation and Open Space

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Commercial Use Types

Neighborhood Commercial

Private Recreation

Industrial Use Types*

Cottage Industry; subject to the Cottage Industry Regulations

Agricultural Use Types

Stables and Kennels

Intensive Agriculture

Commercial Timber Use Type

Timber Production

Extractive Use Type

Surface Mining - 2; subject to the Surface Mining Regulations

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-6.4

RA: RURAL RESIDENTIAL AGRICULTURE

Development Standards

Minimum Lot Size and Minimum Lot Width

Zone Designation

Minimum Lot Size

Minimum Lot Width

RA -1

1.0 acres

150 feet

RA -2

2.0 acres

175 feet

RA -2.5

2.5 acres

175 feet

RA -5

5.0 acres

250 feet

RA -10

10.0 acres

350 feet

RA -20

20.0 acres

475 feet

RA -40

40.0 acres

750 feet

Maximum Lot Depth

Four (4) times the lot width.

Maximum Density

One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located.

Minimum Yard Setbacks***

Minimum Lot Size Less Than 2.5 Acres

Minimum Lot Size 2.5 Acres or Greater

Front

Twenty feet (20')

Twenty feet (20'); Thirty feet (30') for flag lots

Rear

Ten feet (10')

Thirty feet (30')

Interior Side

Five feet (5')

Thirty feet (30')

Exterior Side

Twenty feet (20')

Twenty feet (20')

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Maximum Ground Coverage

Thirty-five percent (35%)

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Residential Single Detached

Ancillary Residential

Limited Mixed Residential - Nonresidential

Nonresidential Detached or Multiple/Group

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024)

313-7 Resource Use Regulations

313-7.1

AE: Agriculture Exclusive

Principal Permitted Use

Agriculture Exclusive Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

Guest House

Farm Employee Housing

Labor Camp

Second Agriculture or Commercial Timber Production Residence (on a lot less than sixty acres (60a) in size)

Single Family Residential (a Use Permit is required on a lot less than sixty acres (60a) in size for a second single detached dwelling other than an Accessory Dwelling Unit)

Civic Use Types

Essential Services

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Industrial Use Types*

Aquaculture, allowed within non-prime agricultural lands only

Cottage Industry; subject to the Cottage Industry Regulations

Agricultural Use Types

Hog Farming

Feed Lots/Slaughter House

Kennels

Agriculture-Related Recreation

Intensive Agriculture

Extractive Use Types

Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations

Surface Mining - 2; subject to the Surface Mining Regulations

Surface Mining - 3; subject to the Surface Mining Regulations

Metallic Mineral Extraction; subject to the Surface Mining Regulations

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

Resource-Related Recreation

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99, amended by Ord. 2167, Sec. 13, 4/7/98, amended by Ord. 2367A, 7/25/06)

313-7.1

AE: AGRICULTURE EXCLUSIVE

Development Standards

Minimum Lot Size and Minimum Lot Width

Zone Designation

Minimum Lot Size

Minimum Lot Width

AE-20

20 acres

(As determined during subdivision review and approval.)

AE-40

40 acres

AE-60

60 acres

AE-160

160 acres

AE-600

600 acres

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Minimum Yard Setbacks***

Front

Twenty feet (20'); Thirty feet (30') for flag lots.

Rear

Thirty feet (30').

Interior Side

Thirty feet (30').

Exterior Side

Twenty feet (20').

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

(None specified.)

Permitted Main Building Types

Residential Single Detached; Ancillary Residential, Manufactured Home;

Unlimited Mixed Residential - Nonresidential

Detached Nonresidential

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 21, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99)

313-7.2

TC: Commercial Timber

Principal Permitted Use

Commercial Timber Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

A Use Permit is required for a second single-family residence other than an Accessory Dwelling Unit.

Civic Use Types

Essential Services

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Industrial Use Types*

Timber Products Processing

Aquaculture

Cottage Industry; subject to the Cottage Industry Regulations

Agricultural Use Types

Agricultural Related Recreation

Extractive Use Type

Surface Mining - 2; subject to the Surface Mining Regulations

Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations

Metallic Mineral Extraction; subject to the Surface Mining Regulations

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TC Zone.

Use Type

Compatible Uses Permitted With a Special Permit

Residential Use Types

Labor Camp

Commercial Timber Use Type

Timber Related Recreation

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ord. 2367A, 7/25/06)

313-7.2

TC: COMMERCIAL TIMBER

Development Standards

Minimum Lot Size

Forty acres (40a).

Minimum Lot Width

(As determined during subdivision review and approval).

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Maximum Total Conversion of Timberland for Non-Timber Production Uses

Two acres (2a) of contiguous or non-contiguous land.

Minimum Yard Setbacks***

Front

Twenty feet (20'); Thirty feet (30') for flag lot.

Rear

Thirty feet (30').

Interior Side

Thirty feet (30').

Exterior Side

Twenty feet (20').

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Thirty-five feet (35').

Permitted Main Building Types

Residential Single Detached; Ancillary Residential; Manufactured Home.

Detached Nonresidential

*** Note>Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88)

313-7.3

TPZ: Timberland Production Zone

Principal Permitted Use

Timber Production Principal Permitted Use (See Section 313-163.1.9 for description)

Use Type

Conditionally Permitted Use

Residential Use Types

A Use Permit is required for a second single-family residence other than an Accessory Dwelling Unit.

Civic Use Types

Essential Services

Solid Waste Disposal; subject to the Solid Waste Disposal Regulations

Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations

Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations

Minor Generation and Distribution Facilities

Industrial Use Types*

Timber Products Processing

Aquaculture

Cottage Industry; subject to the Cottage Industry Regulations

Agricultural Use Types

Agriculture-Related Recreation

Extractive Use Type

Surface Mining - 2; subject to the Surface Mining Regulations

Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations

Natural Resource Use Type

Coastal Access Facilities

Use Types Not Listed in This Table**

Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.

Use Type

Compatible Uses Permitted With a Special Permit

Residential Use Types

Labor Camp

Commercial Timber Use Type

Timber Related Recreation

Natural Resource Use Types

Fish and Wildlife Management

Watershed Management

Wetland Restoration

*See, Industrial Performance Standards, Section 313-103.1.

**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.

(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 23, 4/7/98; amended by Ord. 2367A, 7/25/06)

313-7.3

TPZ: TIMBERLAND PRODUCTION ZONE

Development Standards

Minimum Lot Size

Forty acres (40a).

Minimum Lot Width

(As determined during subdivision review and approval).

Maximum Lot Depth

(None specified.)

Maximum Density

(None specified.)

Maximum Total Conversion of Timberland for Non-Timber Production Uses

Two acres (2a) of contiguous or non-contiguous land.

Minimum Yard Setbacks***

Front

Twenty feet (20'); Thirty feet (30') for flag lots.

Rear

Thirty feet (30').

Interior Side

Thirty feet (30')

Exterior Side

Twenty feet (20')

Flag Lots

For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot.

Double Frontage Lots

Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley.

Maximum Ground Coverage

(None specified.)

Maximum Structure Height

Thirty-five feet (35').

Permitted Main BuildingTypes

Residential Single Detached; Ancillary Residential; Manufactured Home.

Detached Nonresidential.

*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.

(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 12, 6/27/2023)

313-42 General Provisions

Applicability. These General Regulations shall apply to all zones and all use classifications unless otherwise stated. (Former Section CZ#A314-1(A); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)

313-43

43.1 ACCESSORY USES

(See also, Section 313-69.1, Accessory Structures)

43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)

43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall 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 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. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))

43.1.3 Accessory Uses 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. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)

43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))

43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))

43.1.4.2Grading, 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. (Former Section CZ#A314-2(D)(5))

43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))

43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))

43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))

43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))

43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))

43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))

43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))

43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))

43.1.6.1 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 two hundred (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. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))

43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))

43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)

43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)

43.2.1.1Agricultural Land

43.2.1.2Agricultural Operation

43.2.2 Findings and Policy.

43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97

43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4 Disclosure.

43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:

“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”

(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.

43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.7 Mediation.

43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.2-7(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

43.2.9Model Notice for Use in Complying with this Section:

(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)

NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY

File Number___________________________________; Case Number:________________________________

This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:

You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.

Dated:________________________

______________________________
Signature of Seller(s)
(if property transfer)

______________________________
Print name(s)

Dated:__________________________

________________________________
Signature(s) of purchaser or
owner(s)/owners' representative

________________________________
Print name(s)

Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.

43.3 ANIMAL KEEPING

43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))

43.3.2 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. (Former Section CZ#A314-3(B))

43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))

43.3.4 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. (Former Section CZ#A314-3(D))

43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))

ANIMAL DENSITY TABLE

ANIMAL TYPE

MINIMUM LOT SIZE

MAXIMUM ANIMAL DENSITY

Large domestic bovine and equine animals

one (1) acre

Two (two) animals plus one animal for each additional twenty thousand (20,000) square feet of lot area

Medium sized domestic animals, such as sheep, pigs, and goats

10,000 square feet

Two (2) animals plus one animal for each additional three thousand (3,000) square feet of lot area

Small domestic animals such as rabbits and poultry(c)

5,000 square feet

Ten (10) animals plus one animal for each additional five hundred (500) square feet of lot area

Household pets limited to dogs and cats(d)

No minimum

Four (4) dogs and/or four (4) cats per dwelling unit

(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 RS, RM or R2 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.

(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)

43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))

YOUNG ANIMAL SUBSTITUTION SCHEDULE

ANIMAL TYPE

PERMITTED SUBSTITUTION

Large domestic animals including cows and horses

For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted.

Medium-sized domestic animals including sheep, pigs, and goats

For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted.

Small domestic animals including rabbits and poultry.

For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted.

Household pets.

Not applicable; No limit on dogs or cats less than four (4) months old.

43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))

ANIMAL ENCLOSURE (a)SETBACK TABLE

ANIMAL ENCLOSURE LOCATION

LARGE DOMESTIC ANIMALS

MEDIUM DOMESTIC ANIMALS

SMALL DOMESTIC ANIMALS

Distance from Dwelling

50 feet

50 feet

25 feet

Distance from Front Lot Line

50 feet

50 feet

50 feet

Distance from Side Lot Line

20 feet

20 feet

10 feet

Distance from Rear Lot Line

20 feet

20 feet

10 feet

(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.

43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM Zones. (Former Section CZ#A314-3(H))

313-45

45.1 COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT

45.1.1 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. (Former Section CZ#A314-5(A))

45.1.2 Applicability. The provisions of these regulations shall apply in all zones in which Coastal-Dependent Industrial use types and Coastal-Related use types are permitted. (Former Section CZ#A314-5(B))

45.1.3 Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the following requirements, in addition to California Environmental Quality Act requirements: (Former Section CZ#A314-5(C))

45.1.3.1The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site; (Former Section CZ#A314-5(C)(1))

45.1.3.2Alternative sites included in the evaluations shall include, at a minimum, those sites identified by the following agencies, from whom input shall be solicited: (Former Section CZ#A314-5(C)(2))

45.1.3.2.1California Coastal Commission, (Former Section CZ#A314-5(C)(2)(a))

45.1.3.2.2Humboldt Bay Harbor Recreation and Conservation District, (Former Section CZ#A314-5(C)(2)(b))

45.1.3.2.3Army Corps of Engineers, and (Former Section CZ#A314-5(C)(2)(c))

45.1.3.2.4Humboldt County Planning Division. (Former Section CZ#A314-5(C)(2)(d))

45.1.3.3Alternative sites shall be classified in accordance with the following priority schedule: (Former Section CZ#A314-5(C)(3))

45.1.3.3.1Priority 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 of the existing facilities;

45.1.3.3.2Priority 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);

45.1.3.3.3Priority 3 Sites.

Sites where the proposed use could be accommodated only through the conversion of wetlands;

45.1.3.3.4Priority 4 Sites

Sites where the proposed use could be accommodated only through the dredging of a new deep water channel.

45.1.4 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 Section 313-45.1.3. (Former Section CZ#A314-5(D))

45.1.5 Required Findings. Coastal-Dependent Industrial Uses and Coastal-Related Industrial Uses shall be approved only if the applicable Industrial Development Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-5(E))

45.1.6 Marine Petroleum Transfer Facilities Prohibited. 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. (Former Section CZ#A314-5(F))

45.1.7 Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable: (Former Section CZ#A314-5(G))

45.1.7.1Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Combining Zone Regulations, and the other resource protection regulations of this division; (Former Section CZ#A314-5(G)(1))

45.1.7.2Maximum feasible and legally permissible multi-company use shall occur; (Former Section CZ#A314-5(G)(2))

45.1.7.3The total volume of oil spilled shall be minimized; (Former Section CZ#A314-5(G)(3))

45.1.7.4Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills; (Former Section CZ#A314-5(G)(4))

45.1.7.5Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required; (Former Section CZ#A314-5(G)(5))

45.1.7.6New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay; (Former Section CZ#A314-5(G)(6))

45.1.7.7Where 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. (Former Section CZ#A314-5(G)(7))

45.2 COTTAGE INDUSTRY

45.2.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in the Coastal Zone of Humboldt County. (Former Section CZ#A314-12(A))

45.2.2 Applicability. The provisions of these regulations shall apply in all zones in which the cottage industry use type is permitted. (Former Section CZ#A314-12(B))

45.2.3 Performance Standards For Cottage Industries Allowed As Appurtenant And Accessory Use. 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 Section 313-103.1: (Former Section CZ#A314-12(C)(1); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(C)(1)(a); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.2The dwelling on the site shall be occupied by the owner of the cottage industry. (Former Section CZ#A314-12(C)(1)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.3The Cottage Industry shall occupy no more than twenty-five percent (25%) or one thousand (1,000) square feet (whichever is less) of the floor area of the dwelling or accessory structure; and (Former Section CZ#A314-12(C)(1)(c); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.4The 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 (Former Section CZ#A314-12(C)(1)(d); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.5There 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 (Former Section CZ#A314-12(C)(1)(e); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.6No persons other than residents of the dwelling shall be employed to conduct the Cottage Industry; and (Former Section CZ#A314-12(C)(1)(f); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.7There shall be no articles sold on the premises; and (Former Section CZ#A314-12(C)(1)(g); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.8All 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 (Former Section CZ#A314-12(C)(1)(h); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.9All lights shall be directed on-site and shielded to reduce glare to adjacent areas; and (Former Section CZ#A314-12(C)(1)(i); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section CZ#A314-12(C)(1)(j); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section CZ#A314-12(C)(1)(k); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-12(C)(1)(l); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.13A business license shall be required for the Cottage Industry. (Former Section CZ#A314-12(C)(1)(m); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.14The cottage industry shall not significantly increase demand for, or require significant amounts of additional services including water, sewer, septic, or wastewater treatment. (Ord. 2167, § 24, 4/7/1998)

45.2.4No coastal development permit is required for cottage industries that conform with the performance standards in the preceding section (313-45.2.3) if established in an existing permitted residence or accessory structure. A coastal development permit will be required for a new accessory structure or enlarged residence in which such cottage industry is to be located that is not otherwise exempt from coastal development permit requirements pursuant to Title 14, California Code of Regulations Section 13250(b).

45.2.5 Performance Standards For Cottage Industries Allowed As Accessory Uses With a Coastal Development Permit. Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1, may be permitted as accessory uses to any residential use with a Coastal Development Permit: (Former Section CZ#A314-12(D); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.5.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(D)(a))

45.2.5.2There shall be no articles sold on the premises. (Former Section CZ#A314-12(D)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.5.3One nameplate, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is indirect and non-flashing. (Former Section CZ#A314-12(D)(c))

45.2.5.4The total land area occupied by the cottage industry shall not exceed two (2) acres, including portions of the lot occupied by buildings, storage areas, and work places devoted to the cottage industry. (Former Section CZ#A314-12(D)(d))

45.2.5.5A business license shall be approved for the Cottage Industry. (Former Section

CZ#A314-12(D)(e); Added by Ord. 2167, Sec. 24, 4/7/98)

45.2.6 Operational Standards.

45.2.6.1At a minimum, the Hearing Officer shall set the following operational standards as conditions of the Coastal Development Permit for a cottage industry. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)

The Hearing Officer may also condition the Coastal Development Permit as permitted by Chapter 2, Procedures, of this Code. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.6.1.1Number of employees; and (Former Section CZ#A314-12(E)(1))

45.2.6.1.2Hours of operation. (Former Section CZ#A314-12(E)(2))

313-46

46.1 DREDGE SPOILS DISPOSAL

46.1.1 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, 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. (Former Section CZ#A314-13(A))

46.1.2 Applicability. These regulations shall apply throughout the Coastal Zone, wherever dredge spoils are proposed to be discharged or deposited. (Former Section CZ#A314-13(B))

46.1.3 Location of Dredge Spoils Disposal Sites. Dredge spoils disposal is preferred at those sites designated for such purpose on the resource protection maps of the Coastal Land Use Plan. (Former Section CZ#A314-13(C))

46.1.4 Protection of Designated Sites. Dredge spoils disposal sites identified on the Humboldt Bay Area Plan Resource Protection Maps shall be protected for spoils disposal. (Former Section CZ#A314-13(D))

46.1.5 Findings Required. Dredge spoils disposal shall be approved only if the applicable Industrial Development Findings in this Code are made. (Former Section CZ#A314-13(E))

313-50

50.1 HOME OCCUPATION AND ADDRESSES OF CONVENIENCE

50.1.1 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 the Board of Supervisors. (Former Section CZ#A314-17(A))

50.1.2 Home Occupation Permitted. Home Occupations, as defined in this Code, shall be permitted, as appurtenant and accessory to any residential use, in any zone, subject to all applicable requirements of this section. (Former Section CZ#A314-17(B))

50.1.3 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 in the following subsections 50.1.3.1, 3.3, 3.4 and 3.5: (Former Section CZ#A314-17(C); Amended by Ord. 2167, Sec. 26, 4/7/98)

50.1.3.1 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; (Former Section CZ#A314-17(C)(1))

50.1.3.2 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; (Former Section CZ#A314-17(C)(2))

50.1.3.3 Separate Access. There shall be no separate designated access or private entrance specifically intended for the portion of any dwelling used for a home occupation; (Former Section CZ#A314-17(C)(3))

50.1.3.4 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 if such alterations or extensions are 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; (Former Section CZ#A314-17(C)(4); Amended by Ord. 2167, Sec. 26, 4/7/98)

50.1.3.5 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; (Former Section CZ#A314-17(C)(5); Amended by Ord. 2167, Sec. 26, 4/7/98)

50.1.3.6 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 off-site suppliers and off-site customers in which case all articles, except for samples, shall be received, stored and sold directly to customers at off-premises locations; (Former Section CZ#A314-17(C)(6))

50.1.3.7 Exterior Display and Signs. There shall be no exterior or window display of materials or products. An exterior or window nameplate may advertise or otherwise identify the home occupation, provided that the display surface does not exceed two (2) square feet, the nameplate is non-moving, is attached to the dwelling unit, and 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. (Former Section CZ#A314-17(C)(7))

50.1.3.8 Outside Storage. There shall be no storage of materials or supplies or products outside the dwelling unit; (Former Section CZ#A314-17(C)(8))

50.1.3.9 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; (Former Section CZ#A314-17(C)(9))

50.1.3.10 Mechanical Equipment. Mechanical equipment and supplies of a type customarily appurtenant to the occupation may be used so long as no external manifestations thereof are apparent; (Former Section CZ#A314-17(C)(10))

50.1.3.11 Nuisances. The home occupation shall be operated so that it does not generate noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance to a degree greater than that normal for the neighborhood; (Former Section CZ#A314-17(C)(11))

50.1.3.12 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; and (Former Section CZ#A314-17(C)(12))

50.1.3.13 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. (Former Section CZ#A314-17(C)(13))

50.1.4 Exclusions. The following activities shall not in any case qualify as a “home occupation”: (Former Section CZ#A314-17(D)(13))

50.1.4.1Teaching of organized classes totaling more than six (6) persons at one time. (The total number is applicable to the aggregate of all home occupations in the dwelling if more than one (1) home occupation exists); (Former Section CZ#A314-17(D)(1))

50.1.4.2Short-term rentals;

50.1.4.3Care, treatment, boarding or breeding of animals for profit; (Former Section CZ#A314-17(D)(3))

50.1.4.4Operation of a barbershop; (Former Section CZ#A314-17(D)(4))

50.1.4.5Operation of food handling, processing or packing; (Former Section CZ#A314-17(D)(5))

50.1.4.6Operation of an eating or drinking establishment or licensed premises; (Former Section CZ#A314-17(D)(6))

50.1.4.7Operation of an antique shop or similar retail use; (Former Section CZ#A314-17(D)(7))

50.1.4.8Operation of hospitals or sanitariums; (Former Section CZ#A314-17(D)(8))

50.1.4.9Auto or other motor vehicle repair shop, junk or secondhand merchandise yard storage. (Former Section CZ#A314-17(D)(9))

50.1.5 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 for other home occupations. (Former Section CZ#A314-17(E); Added by Ord. 1848, Sec. 16, 9/13/88)

50.1.6 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 shall follow the revocation procedures in Chapter 2, Section 312-14. 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. (Former Section CZ#A314-17(F)) (Ord. 2733, § 8, 3/5/2024)

313-55 Cannabis Land Uses: Coastal

55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE

55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”

55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.

Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.

55.1.3 Applicability and Interpretation.

55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.

55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.

55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.

55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.

55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.

55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.

55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.

Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.

Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.

Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.

Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.

Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.

55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:

55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and

55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and

55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and

55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and

55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and

55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and

55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and

55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and

55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and

55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and

55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and

55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and

55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and

55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and

55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.

55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.

55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.

55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE

55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”

55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.

Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.

55.2.3 Applicability and Interpretation.

55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.

55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.

55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.

55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.

55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.

55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.

Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.

Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.

Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.

Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.

Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.

Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.

Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.

Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.

Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.

Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.

School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.

Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.

55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:

55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.

55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:

55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and

55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and

55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and

55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and

55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and

55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and

55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and

55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and

55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.

55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.

55.2.8 Enforcement.

55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.

55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:

55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.

55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.

55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.

55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.

55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.

55.3 MEDICAL CANNABIS DISPENSARIES

55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.

55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.

55.3.3 Applicability and Interpretation.

55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.

55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.

55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.

55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.

55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.

55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.

55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.

55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.

Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.

55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:

Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.

Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.

Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.

Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c)(3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.

Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.

Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.

Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.

Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.

School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.

55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.

55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.

55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.

55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.

55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.

55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:

55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.

55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:

55.3.9.2.1Residential neighborhoods and their inhabitants;

55.3.9.2.2Church, as defined herein;

55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;

55.3.9.2.4Residential treatment facilities, as defined herein; and

55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.

55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.

55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.

55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:

55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and

55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and

55.3.10.3The hours and days of the week when the dispensary will be open; and

55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and

55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and

55.3.10.6A description of the screening process and procedures for clients; and

55.3.10.7A description of client records acquisition and retention procedures and policies; and

55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and

55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and

55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and

55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and

55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and

55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and

55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.

55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:

55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and

55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and

55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and

55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and

55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and

55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and

55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and

55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and

55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and

55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and

55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and

55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and

55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and

55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.

55.3.12 Permit Revocation and Transfer.

55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.

55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.

55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.

55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE COASTAL ZONE IN THE COUNTY OF HUMBOLDT

55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.

55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.

These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.

This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.

55.4.3 Applicability and Interpretation.

55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.

55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.

55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.

55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.

55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.

55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”

55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.

55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.

55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.

55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.

55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.

55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.

55.4.4 Definitions.

“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.

“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.

“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.

“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.

“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.

“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.

“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.

“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.

“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.

“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”

“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.

“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.

“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.

“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.

“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.

“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.

“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.

“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.

“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.

“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.

“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.

“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.

“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.

“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.

“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.

“Irrigation” means use of water by any commercial cannabis cultivation activity.

“Licensee” means a person issued a State license to engage in commercial cannabis activity.

“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.

“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.

“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.

“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.

“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.

“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).

“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.

“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.

“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.

“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.

“Outdoor” means cultivation using no artificial lighting.

“Parcel” means the same as the definition of “lot” found under Section 313-147.

“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.

“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.

“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.

“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.

“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.

“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.

“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”

“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.

“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.

“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.

“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.

“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.

“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.

“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.

“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.

“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.

“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.

“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.

“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.

“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.

“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.

“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.

“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.

55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.

55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 313-55.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.

55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.

55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.

55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313-143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the biological resources protections performance standard (Section 313-55.4.12.1.10) shall apply to all commercial cannabis activity.

55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.

55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.

55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.

The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.

55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.

55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).

55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.

55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.

Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.

Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:

55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;

55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;

55.4.5.3.3Resolve the violations and proceed with processing of the application.

55.4.5.4 Permit Limits and Permit Counting.

55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.

55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).

55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.

55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.

Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.

55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.

55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.

55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.

55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.

55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.

55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:

55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.

55.4.6.1.1Zoning AE and RA.

55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.

55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.

55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;

55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.

Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.

55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.

55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.

55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.

55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1.

55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.

55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.

55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 313-55.4.10.2.

Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).

55.4.6.3 Eligibility Criteria – All Areas.

55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).

55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.

55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.

55.4.6.4 Siting Criteria – All Areas.

55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)

55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.

55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.

55.4.6.4.4 Setbacks.

55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313-55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:

55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.

55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.

55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public access, commercial recreational facility (as defined by Section 313-153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.

55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.

55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.

55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.

55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.

55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.

55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.

55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:

55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.

55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.

55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.

55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.

55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.

Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.

Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2), and applications for preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.

55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:

55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.

55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.

55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.

55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:

55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 313-55.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.

55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.

55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.

55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.

55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.

55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.

55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.

55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:

55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.

55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).

55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.

55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.

As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.

If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 313-55.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).

55.4.6.5.6(Section reserved for future use)

55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:

55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 313-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.

55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.

55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.

55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).

More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.

55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities (Section 313-55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.

The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.

55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.

For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.

55.4.6.7(Section reserved for future use)

55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:

Coastal Planning Area

Permits

Acres

North Coast Area Plan

4

2

Trinidad Area Plan

0

0

McKinleyville Area Plan

4

2

Humboldt Bay Area Plan*

38

13

Eel River Area Plan

112

39

South Coast Area Plan

13

5

Total

171

61

*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.

Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.

55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.

55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.8 Indoor Cultivation and Manufacturing.

55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:

55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.

55.4.8.1.2Within those zones specified under Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use):

55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.

55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.

55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.

In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.

55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:

55.4.8.2.1 Flammable Extraction.

55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.

55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:

55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.

55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.

55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.

55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.

55.4.8.2.2 Nonflammable Extraction.

55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.

55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.

55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.

55.4.8.2.3 Infusion.

55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.

55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.9(Reserved for future use)

55.4.10 Other Provisions.

55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.

55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

Road Locational Criteria:

Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.

Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.

55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.

55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.

55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 313-55.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:

55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.

55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.

Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.

55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties in conformance with the public accommodation performance standards in Section 313-61.05 (“Short-Term Rentals”).

55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.

Transportation does not include warehousing or storage of cannabis.

55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.

55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitor-serving uses.

In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.

55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.

55.4.12.1 Performance Standards for All Commercial Cannabis Activities.

55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.

55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.

55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.

55.4.12.1.4Maintain a current, valid business license at all times.

55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).

55.4.12.1.6Pay all applicable application and annual inspection fees.

55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.

55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:

55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.

Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.

55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:

55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or

55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.

55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.

55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)

55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.

55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:

55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.

55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.

55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.

55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.

55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.

55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.

55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.

55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing.

55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.

55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.

55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.

55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.

55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)

55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 313-55.4.12.1.10.14, as applicable.

Mitigation Measure #

Description of Mitigation

3.4-1a

Biological reconnaissance surveys

3.4-1b

Special-status amphibian surveys and relocation/buffers

3.4-1c

Western pond turtle surveys and relocation/buffers

3.4-1d

Nesting raptor surveys and relocation/buffers

3.4-1e

Northern spotted owl surveys

3.4-1f

Special-status nesting bird surveys/buffers

3.4-1g

Marbled murrelet habitat suitability surveys/buffers

3.4-1i

American badger surveys and buffers

3.4-1j

Fisher and Humboldt marten surveys and den site preservation/buffers

3.4-1k

Bat survey and buffers

3.4-1l

Vole survey and relocation/buffers

3.4-3a

Special-status plants surveys

3.4-4

Protection of sensitive natural communities, riparian habitat, wetland vegetation, including ESHA

3.4-6b

Retention of fisher and Humboldt marten habitat features

3.4-5

Waters of the United States

55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.

55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.

55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.

55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).

55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to ground-disturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, proposed cultivation activities shall not be permitted. See also Section 313-55.4.12.6 (Performance Standard for Noise).

55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.

55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a one-quarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section 313-55.4.12.6 (Performance Standard for Noise).

55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.

55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.

55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.

55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.

55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.

55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.

55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 313-55.4.12.1.11.3.

55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.

55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.

55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.

55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).

55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.

55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.

55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.

55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).

55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.

55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.

55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.

General Standards Applicable to All Commercial Cannabis Activities

55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).

55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.

55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.

Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.

55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.

Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.

55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”

55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.

55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.

55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)

55.4.12.3(Reserved for Future Use)

55.4.12.4 Performance Standard for Light Pollution Control.

55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.

55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.

55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.

55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:

55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.

55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.

55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.

Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.

55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.

55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.

55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:

55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.

55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).

55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.

55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.

55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:

Documentation of Current and Projected Water Use

55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:

55.4.12.7.1.1Information identifying the cultivation season(s).

55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.

55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.

55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.

Metering and Recordkeeping

55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.

55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.

55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.

55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:

Existing Ponds and Reservoirs

55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.

55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.

55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.

55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.

Bladders and Above-Ground Pools, and Similar Vessels

55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.

Tanks Located in Designated Flood Zones

55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313-55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.

55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 313-55.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.

55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.

55.4.12.11 Existing Site Reconfiguration.

55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.

55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.

55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.

55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 313-55.4.12.13).

55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.

55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.

55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.

55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).

See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.

55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.

55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:

55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.

55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.

55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.

55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:

55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.

55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.

55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).

55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.

55.4.12.14.4.5 Road System and Driveways.

55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:

55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.

55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.

55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.

55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.

55.4.12.14.4.6 Parking.

55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.

55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.

55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators

Tour operators shall comply with all of the following measures:

55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.

55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.

55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.

55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.

Tour Site Eligibility Criteria

Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:

55.4.12.15.5The site(s) conform with the public accommodation performance standard.

55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.

55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.

55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.

55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:

55.4.13.1Cultivation area of three thousand (3,000) square feet or less.

55.4.13.2

55.4.13.3Grown exclusively with natural light.

55.4.13.4Meets organic ce

Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.

rtification standards or the substantial equivalent.

55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.

55.5 INDUSTRIAL HEMP LAND USE REGULATIONS

55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.

55.5.2 Applicability and Interpretation.

55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.

55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.

55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.

55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.

55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.

55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)

313-57

57.1 OIL AND GAS DRILLING AND PROCESSING

57.1.1 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. (Former Section CZ#A314-27(A))

57.1.2 Applicability. These regulations shall apply in all zones in which the Oil and Gas Drilling and Processing use type is permitted. (Former Section CZ#A314-27(B))

57.1.3 Supplemental Permit Application Materials. In addition to the application materials required to be submitted under the permit procedure in this Code, 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: (Former Section CZ#A314-27(C))

57.1.3.1A plot plan of the entire area under lease or ownership, showing the relationship of the proposed facilities to the ultimate potential development; (Former Section CZ#A314-27(C)(1))

57.1.3.2A contour or topographic map of the subject site, showing the relationship of existing and proposed structures and facilities with natural and/or artificial features; (Former Section CZ#A314-27(C)(2))

57.1.3.3Proposed procedures for the transport and disposal of all solid and liquid wastes; (Former Section CZ#A314-27(C)(3))

57.1.3.4Grading plans and procedures for minimizing erosion; (Former Section CZ#A314-27(C)(4))

57.1.3.5Where 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; (Former Section CZ#A314-27(C)(5))

57.1.3.6Fire prevention procedures; (Former Section CZ#A314-27(C)(6))

57.1.3.7Air pollution control procedures; (Former Section CZ#A314-27(C)(7))

57.1.3.8Oil spill contingency procedures; (Former Section CZ#A314-27(C)(8))

57.1.3.9For production facilities, a phasing plan for the staging of development indicating the approximate anticipated timetable and production levels for the project; and (Former Section CZ#A314-27(C)(9))

57.1.3.10Procedures for abandonment and restoration of the site. (Former Section CZ#A314-27(C)(10))

57.1.4 Drillsite Density. Where feasible, drillsites shall be established at a maximum density of one (1) site per eighty acres (80a). (Former Section CZ#A314-27(D))

57.1.5 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 disposition after a noticed public hearing. Applications for additional wells at approved wellsites or for expanded production facilities require a Special Permit. (Former Section CZ#A314-27(E))

57.1.6 Required Mitigation. Oil and/or gas drilling and processing operations shall incorporate the following mitigation: (Former Section CZ#A314-27(F))

57.1.6.1With respect to new facilities, all oil field brines will be reinjected into oil-producing zones except where: (Former Section CZ#A314-27(F)(1))

57.1.6.1.1The Division of Oil and Gas of the State Department of Conservation determines that to do so would adversely affect production of the reservoirs; and (Former Section CZ#A314-27(F)(1)(a))

57.1.6.1.2Injection into other subsurface zones will reduce environmental risks; or (Former Section CZ#A314-27(F)(1)(b))

57.1.6.1.3Disposal 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. (Former Section CZ#A314-27(F)(1)(c))

57.1.6.2Where 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 Section 30607.1. (Former Section CZ#A314-27(F)(2))

57.1.6.3The 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. (Former Section CZ#A314-27(F)(3))

57.1.6.4Solid 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. (Former Section CZ#A314-27(F)(4))

57.1.6.5Upon 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. (Former Section CZ#A314-27(F)(5))

57.1.7 Required Findings. Oil and gas drilling and processing shall be approved only if the applicable Extractive Development Impact Findings of Chapter 2, Procedures, Supplemental Findings (312-2.19), are made. (Former Section CZ#A314-27(G))

313-61

61.1 SOLID WASTE DISPOSAL

61.1.1 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. (Former Section CZ#A314-34(A))

61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))

61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))

61.1.3.1Estimates 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; (Former Section CZ#A314-34(C)(1))

61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))

61.1.3.3Site alternatives and description of impacts associated with each, 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; (Former Section CZ#A314-34(C)(3))

61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)

61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))

61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))

61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))

61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))

61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.

61.2 SURFACE MINING AND RECLAMATION

61.2.1 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. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1 Purpose 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) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. 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 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: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)

61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2 Findings. The Board hereby finds and declares that:

61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.3the 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. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.1.2.5that surface mining may take place in the Coastal Zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)

61.2.2 Incorporation of State Law and Regulations by Reference.

61.2.2.1 Reason. This Board has determined that one (1) of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly 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, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)

(Ord. 2117, § 2, 5/28/1996)

61.2.2.2 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 Reclamtation 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 Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)

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. (Added by Ord. 2117, Sec. 2, 5/28/96)

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. (Ord. 2117, § 2, 5/28/1996)

61.2.3 Limitations on Specified Activities.

61.2.3.1 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. (Ord. 2117, § 2, 5/28/1996)

61.2.3.2 “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(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A314-36(K); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.3.3 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 subdivision (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. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4 Use Permit.

61.2.4.1 Application.

61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.2 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.1.4 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, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2 Procedure for Review and Action on Applications.

61.2.4.2.1 Review. The Planning Division 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 posible, 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 Califorinia 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 thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.2 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 three hundred (300) feet of the property lines of the parcels on which mining operations will occur, and fifteen hundred (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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3 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 subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.1That 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 complicance is required before any permits may be issued); and (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.2That 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.4 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 the 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.5 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 Applicant, from the date of issuance of a use permit, approval of the reclamation plan (see Section 313-61.2.5), 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 Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.6 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 releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

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 has been conducted in compliance with permit conditions. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.7 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 succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.4.2.8 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 Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5 Reclamation Plan.

61.2.5.1 Submittal for Approval.

61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.2 Filing Fee.

61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as part of the use permit application, which has its fees authorized under Section 313-61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2 Procedure.

61.2.5.2.1 Review.

61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 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 uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.1.2In 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 (1) of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.2 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 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: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.1The 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 Section 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. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.2The 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 Section 2773.1 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: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.2.1Surety bonds;

61.2.5.2.3.2.2Irrevocable letters of credit;

61.2.5.2.3.2.3Trust funds; and

61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.3The 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, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.3.4A 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 the 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 perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the 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 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6 Legal Vested Mining Operations.

61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, § 1, 9/4/2001)

61.2.6.1 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. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6.2 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 Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

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. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.6.3 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 plan 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 the 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. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7 Idle Mines.

61.2.7.1 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 Division 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. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2 Term of the 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 (1) of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2.1Renew 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 fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.3 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. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and 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. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.8 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. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9 Administration and Enforcement.

61.2.9.1 Time Limitations.

61.2.9.1.1 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 Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic 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 agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the 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 Section 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 automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.2 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 the 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 documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.3 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. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4 Inspection and Review.

61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each 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. Such 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 pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.5 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 be in accord with the instructions included with the forms, and 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 Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.6 Appeals. Decisions of the 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, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7 Enforcement.

61.2.9.7.1 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. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2 Violation-Noncompliance.

61.2.9.7.2.1If the 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 Section 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. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 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. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 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. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 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 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.9.7.3Remedies 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, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10 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. Operators authoirzed 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.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.1 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. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.2 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. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.3 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. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)

61.2.10.4 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 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)

313-61.05 Short-Term Rentals

61.05.1 PURPOSE

The purpose and intent of this section (the “Short-term Rental Ordinance”) is to protect and promote the public health, safety and welfare, protect and maintain the overall quality of the coastal zone environment and its natural and human made resources, assure orderly, balanced utilization and conservation of coastal zone resources, maximize public access to and along the coast, support tourism and economic development, minimize the loss of housing stock available to long-term renters, preserve the quality of neighborhoods, and balance the needs and rights of property owners, tenants, and neighbors.

61.05.2 APPLICABILITY

These provisions apply when dwelling units are used as short-term rentals.

61.05.3 ALLOWED ZONES

Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.

61.05.4 APPLICATION

In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a short-term rental permit shall include the following:

61.05.4.1Current grant deed for the subject parcel.

61.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 61.05.9.1.2.3 and 61.05.10.4.

61.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.

61.05.4.4Evidence of property owner consent if the permit-holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.

61.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.

61.05.4.5Access route, if seeking a special permit and the site is accessed via a shared private road system.

61.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate as an immersive encounter with agricultural living.

61.05.5 EXISTING OPERATIONS

No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of the ordinance codified in this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 61.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.

61.05.6 PERMIT REQUIREMENTS

61.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an administrative permit.

61.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 61.05.9.1 and 61.05.10.3 may only be allowed upon issuance of a special permit.

61.05.6.2.1 Required Findings. A special permit for a short-term rental may be approved only if the following findings are made:

61.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and

61.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.

61.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.

61.05.6.3 Conditional Use Permit Required. Whole dwelling unit short-term rentals within the Tsunami Hazard Zone of the Humboldt Bay Area Plan may only be allowed upon the issuance of a conditional use permit.

61.05.6.3.1 Required Findings. A conditional use permit for short-term rental may be approved only if the following findings are made:

61.05.6.3.1.1 The short-term rental would not adversely impact the health, safety, and welfare of the community; and

61.05.6.3.1.2The short-term rental would not adversely affect the quality of the neighborhood.

61.05.7 PERMIT TERM FOR SHORT-TERM RENTALS

All short-term rental permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:

61.05.7.1The permit holder shall submit a Statement of Continued Operation as provided by the Planning and Building Department, indicating a desire to continue operation provided that there is evidence of hosting stays; and

61.05.7.2There are no outstanding violations associated with the permit; and

61.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel.

61.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.

61.05.8 VIOLATIONS

Continuous use of a short-term rental without resolution of violation(s) of this section of the Humboldt County Code may result in code enforcement action, permit suspension or permit revocation.

60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14 a short-term rental permit may be suspended or revoked for violations of the short-term rental ordinance and/or violations of permit terms or conditions.

61.05.9 HOME-SHARE RENTAL

This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.

61.05.9.1 Standards for Home-Share Rentals.

61.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 61.05.9.1.1.3 and 61.05.9.1.1.4 may be sought with a special permit.

61.05.9.1.1.1 Building, Fire and Health.

61.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.

61.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.

61.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.

61.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.

61.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).

61.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to subsection 61.05.9.1.2.4 may be sought with a special permit.

61.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.

61.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.

61.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:

61.05.9.1.2.3.1Name and telephone number for a caretaker who shall:

61.05.9.1.2.3.1.1Respond to all questions or concerns timely.

61.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.

61.05.9.1.2.3.2Location of the approved parking spaces.

61.05.9.1.2.3.3Permit standards.

61.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).

61.05.9.1.2.3.5Traffic etiquette guidelines.

61.05.9.1.2.4 Parking. Each home-share short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.

61.05.10 SHORT-TERM RENTAL

This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.

61.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:

61.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the county is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.

61.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.

61.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.

61.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the Alternative Owner Builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.

61.05.10.1.4.1AOB dwellings may be permitted after the fact, pursuant to the building code in effect at the time of original permit issuance. A short-term rental permit application may be submitted concurrently with the building permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.

61.05.10.2 Short-Term Rental Permit Limitations.

61.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.

61.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Coastal Greater Humboldt Bay Area Short-term Rental Cap Area which is comprised of the following Coastal Plan Areas: Trinidad Area Plan [AP], McKinleyville AP, Humboldt Bay AP and the Eel River AP. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Coastal Area Plan can be used for short-term rentals. Big Lagoon Park Subdivision/Big Lagoon Estates Subdivision (along Roundhouse Creek Road and Ocean View Drive) shall be included within the Trinidad AP for purposes of applying the cap. Farm-stays and homes listed on the local, State, or Federal historic registry are exempt from the cap.

61.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a special permit.

61.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) days of the effective date of the ordinance codified in this section.

61.05.10.2.2 Nontransferable. Short-term rental permits shall not be transferred between property owners.

61.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with short-term rental permits.

61.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Commercial Timberland Zone, and Timberland Production Zone may only be permitted as farm stays.

61.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.

61.05.10.3 Standards for Short-term Rentals.

61.05.10.3.1 Health and Safety. Exception to standards in Sections 313-61.05.10.3.1.3 and 313-61.05.10.3.1.4 may be sought with a special permit.

61.05.10.3.1.1 Building and Fire.

61.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.

61.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.

61.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.

61.05.10.3.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.

61.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.

61.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).

61.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:

61.05.10.4.1Name and telephone number for a caretaker who shall:

61.05.10.4.1.1Respond to all questions or concerns timely.

61.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.

61.05.10.4.2Location of the approved parking spaces.

61.05.10.4.3Permit standards.

61.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).

61.05.10.4.5Traffic etiquette guidelines.

61.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.

61.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 61.05.10.6.1 through 61.05.10.6.2.5 may be sought with a special permit.

61.05.10.6.1 Per Parcel Limit. One short-term rental may be permitted per legal parcel.

61.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:

61.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre:

61.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and

61.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.

61.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre:

61.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).

61.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on-street where allowed.

61.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.

61.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensors and provide recorded data to the Planning and Building Department upon request.

61.05.10.6.2.5 Parking. Each short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required. (Ord. 2733, § 2, 3/5/2024; Ord. 2757, § 2, 3/11/2025)

313-62

62.1 TEMPORARY USES

(See also, Section 313-88.1, Temporary Structures.)

62.1.1 Temporary Uses Permitted With a Special Permit. The following temporary uses may be permitted upon obtaining a Special Permit, subject to the following conditions: (Former Section CZ#A314-37(A))

62.1.1.1 Special Events and Attractions. 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 and motorized vehicles may be permitted with a Special Permit in all zones except residential zones. (Former Section INL#316-5; CZ#A314-37(A)(8))

62.1.1.2 Other Temporary Uses. Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in these regulations. (For more information on temporary uses and structures, see Section 313-88.1, Temporary Structures.) (Former Section CZ#A314-37(A)(11))

313-64

64.1 VEGETATION REMOVAL, MAJOR

64.1.1 Purpose. The purpose of these provisions is to: (1) preserve and protect major vegetation within the County Coastal Zone that directly and indirectly prevents soil erosion, landslide and flood hazard; (2) reduce runoff, provide windbreaks or provide protection to adjacent trees from irreparable wind damage; and (3) 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. (Former Section CZ#A314-20(A))

64.1.2 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 or conditionally permitted use. Major vegetation removal may be permitted with a Special Permit in conjunction with or prior to the establishment of a principal or conditionally permitted use. (Former Section CZ#A314-20(B))

64.1.3 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: (Former Section CZ#A314-20(C))

64.1.3.1Timber 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); (Former Section CZ#A314-20(C)(1))

64.1.3.2Major vegetation removal necessary to carry out activities authorized by: (1) an approved building permit, Coastal Development Permit, Use Permit, or Special Permit; or (2) satisfying improvement requirements of an approved subdivision; (Former Section CZ#A314-20(C)(2))

64.1.3.3Major vegetation removal subject to the Coastal Streams and Riparian Corridor regulations; and (Former Section CZ#A314-20(C)(3))

64.1.3.4Major vegetation removal associated with general agriculture, in zones where the General Agriculture use type is a principal permitted use, except where the Director determines that pursuant to subsection 313-64.1.4.3., that the major vegetation removal may result in a significant environmental impact. (Former Section CZ#A314-20(C)(4))

64.1.4 Definition of Major Vegetation Removal. For purposes of this section major vegetation removal shall be defined to include one (1) or more of the following: (Former Section CZ#A314-20(D))

64.1.4.1The removal of one (1) or more trees with a circumference of thirty-eight (38) inches or more measured at four and one-half (4½) feet vertically above the ground; (Former Section CZ#A314-20(D)(1))

64.1.4.2The removal of trees within a total aggregate contiguous or non-contiguous area or areas exceeding six thousand (6,000) square feet, measured as the total of the area(s) located directly beneath the tree canopy; or (Former Section CZ#A314-20(D)(2))

64.1.4.3The Director may determine that a proposal to remove woody vegetation constitutes major vegetation removal if the Director finds that it may result in a significant environmental impact pursuant to this section. In making a finding that the proposed major vegetation removal may result in a significant environmental impact, the Director shall review the proposal and determine if any of the following conditions exist or are proposed: (Former Section CZ#A314-20(D)(3))

64.1.4.3.1The major vegetation removal involves the use of heavy equipment; (Former Section CZ#A314-20(D)(3)(a))

64.1.4.3.2The major vegetation removal:

64.1.4.3.2.1is proposed on either 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 (Former Section CZ#A314-20(D)(3)(b))

64.1.4.3.2.2may result in soil erosion or landslide; (Former Section CZ#A314-20(D)(3)(b))

64.1.4.3.3The major vegetation removal is located within or adjacent to an environmentally sensitive habitat as identified in the applicable coastal area plan; or (Former Section CZ#A314-20(D)(3)(c))

64.1.4.4The major vegetation removal may result in significant exposure of adjacent trees to wind damage. (Former Section CZ#A314-20(D)(3)(d))

64.1.5 Appeal of the Director’s Determination of Major Vegetation Removal. Appeals may be filed pursuant to the appeal procedures in Chapter 2, Section 312-13.

313-162 Purpose of Use Type and Principal Permitted Use Classifications

The purpose of these provisions is to classify uses of property into a limited number of use types and principal permitted uses on the basis of common functional, product, or compatibility characteristics. The desired result is to provide a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions apply throughout the County. (Former Section CZ#A313-1)

313-163 Listing of Use Type and Principal Permitted Use Classifications

163.1All uses are classified into the following use types and principal permitted uses . Use types are described and defined in Section D, Part 2: Glossary of Use Types. (Former Section CZ#A313-2)

163.1.1 Agricultural Use Types. Agriculture-Related Recreational

Feed Lot/Slaughter House

General Agriculture

Hog Farming

Intensive Agriculture

Stables and Kennels (Former Section CZ#A313-2(E))

163.1.2 Civic Use Types. Administrative

Community Assembly

Cultural Non-Assembly

Electrical Distribution Lines, Major

Essential Services

Extensive Impact Civic Uses

Generation and Distribution Facilities, Minor

Health Care Services

Oil and Gas Pipelines

Public Recreation and Open Spaces

Solid Waste Disposal

Utilities, Minor (Former Section CZ#A313-2(B))

163.1.3 Commercial Use Types. Automotive Sales, Service and Repair

Coastal-Dependent Commercial Recreation

Commercial Recreation

Heavy Commercial

Mini-Storage

Neighborhood Commercial

Office and Professional Service

Private Institution

Private Recreation

Recreational Vehicle Park

Retail Sales

Retail Service

Transient Habitation

Visitor Serving Facilities

Warehousing, Storage and Distribution (Former Section CZ#A313-2(C))

163.1.4 Commercial Timber Use Types. Timber Production

Timber Related Recreation (Former Section CZ#A313-2(F))

163.1.5 Extractive Use Types. Metallic Mineral Extraction

Oil and Gas Drilling and Processing

Surface Mining - 1

Surface Mining - 2

Surface Mining - 3 (Former Section CZ#A313-2(G))

163.1.6 Industrial Use Types. Aquaculture

Coastal-Dependent

Coastal-Related

Cottage Industry

Hazardous Industrial

Heavy Industrial

Research/Light Manufacturing

Timber Products Processing (Former Section CZ#A313-2(D))

163.1.7 Natural Resource Use Types. Boating Facilities

Fish and Wildlife Habitat Management

Coastal Public Access Facilities

Resource-Related Recreational

Watershed Management

Wetland Restoration (Former Section CZ#A313-2(H))

163.1.8 Residential Use Types. Accessory Dwelling Unit (See Residential Zoning Designations, Principal Permitted Uses)

Caretaker’s Residence

Community Care Facility

Family Day Care Center

Family Day Care Home

Farm Employee Housing

Group Residential

Guest House

Labor Camp

Manufactured Home Park Development

Multifamily Residential

Residence Incidental to Agriculture or Commercial

Timber Production (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)

Second Agriculture or Commercial Timber Production Residence (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)

Single-Family Residential (Former Section CZ#A313-2(A))

163.1.9 Principal Permitted Uses. These are uses that are allowed without a conditional use permit and that are considered the “principal permitted use” for purposes of appeal to the Coastal Commission (with the exception of (a) Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), or Cottage Industry uses in the Agriculture Exclusive zoning district as enumerated in Section 163.1.9.9, and (b) Single-Family Residential, Accessory Dwelling Unit, or Cottage Industry uses in the Timber Production zoning district as enumerated in Section 163.1.9.11). Subdivisions, including lot line adjustments, are not considered a principal permitted use in any zoning district in the Coastal Zone.

163.1.9.1 Neighborhood Commercial. The Neighborhood Commercial Principal Permitted Use includes the following uses: Neighborhood Commercial, Cottage Industry; subject to the Cottage Industry Regulations, Caretaker’s Residence which is incidental to and under the same ownership as an existing commercial use, and Minor Utilities to serve these uses.

163.1.9.2 Public Recreation. The Public Recreation Principally Permitted Use includes the following uses: Public Recreation and Open Space, Coastal Access Facilities, and Minor Utilities to serve these uses.

163.1.9.3 Commercial Recreation. The Commercial Recreation Principally Permitted Use includes the following uses: Visitor Serving Facilities, Transient Habitation, Commercial Recreation, Coastal Dependent Recreation, Resource Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.

163.1.9.4 Coastal Dependent Commercial Recreation. The Coastal Dependent Commercial Recreation Principally Permitted Use includes the following uses: Coastal Dependent Recreation, Resource-Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.

163.1.9.5 Residential Single-Family. The Residential Single-Family Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.

163.1.9.6 Residential Multifamily. The Residential Multifamily Principally Permitted Use includes the following uses: Multifamily Residential, Accessory Dwelling Unit, Group Residential, and Minor Utilities to serve these uses.

163.1.9.7 Mixed Residential. The Mixed Residential Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Multifamily Residential (Duplex only), Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.

163.1.9.8 Rural Residential Agricultural. The Rural Residential Agricultural Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.

163.1.9.9 Agricultural Exclusive. The Agricultural Exclusive Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit (on lots sixty (60) acres or larger in size, two (2) single detached dwellings, or one (1) single detached and one (1) accessory dwelling are permitted), General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act.

163.1.9.10 Commercial Timber. The Commercial Timber Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.

163.1.9.11 Timber Production. The Timber Production Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act. (Ord. 2367A, 7/25/2006; Ord. 2383, 2/27/2007; Ord. 2717, § 8, 6/27/2023; Ord. 2749, § 4, 10/1/2024; Ord. 2733, § 4, 3/5/2024)

313-164 How to Determine and Classify Allowed Uses When More than One Use Type Might Apply

The following rules shall apply when a lot or building site contains multiple uses which constitute or resemble two or more different use types, and which are not classified as accessory uses pursuant to the Accessory Use Regulations. (Former Section CZ#A313-3)

164.1 SEPARATE CLASSIFICATIONS OF SEVERAL ESTABLISHMENTS

The uses conducted on a lot by two or more individual establishments, managements, or institutions shall be classified separately into use types. (Former Section CZ#A313-3(A))

164.2 CLASSIFICATION AND LIMITATION OF DIFFERENT USES WITHIN SAME CATEGORY OF USE TYPES CONDUCTED BY INDIVIDUAL ESTABLISHMENT

If uses conducted on a lot by an individual establishment, management, or institution resemble two or more different use types within the same category of use types, all such uses shall be classified in the use type whose description most closely portrays the overall nature of such uses. However, when the uses have any of the characteristics of the following listed use types, all such uses shall be classified in one (1) of the use types on the following list.

Extensive Impact Civic Uses

General/Heavy Manufacturing

Hazardous Industrial

Oil and Gas Drilling and Processing

Surface Mining - 1

Surface Mining - 2

Surface Mining - 3

If multiple uses on a lot resemble more than one (1) of the use types on the above list, the uses shall be classified as the use type which is most similar to the predominant or most significant use on the lot, except that any commercial uses shall be classified within the Heavy Commercial Use Type if they have any heavy commercial characteristics. (Former Section CZ#A313-3(B))

313-165 Classifying Uses Not Specifically Mentioned in Use Type Descriptions

Whenever a development is proposed that contains a use not specifically mentioned under use types described in these regulations, the Hearing Officer shall make a determination as to whether the proposed use is encompassed by any use types permitted or conditionally permitted under the use designator applicable to the subject property. (See designated Hearing Officer in Chapter 2, Section 312-9; usually it is initially the Director or designee.) The classification of a use is subject to the right of appeal pursuant to the Appeals Procedures in Chapter 2, Section 312-13. The Director shall maintain a written record of all such determinations, which determinations are maintained and available for review at the Planning Division. (Former Section CZ#A313-4)