Dated:________________________
______________________________
Signature of Seller(s)
(if property transfer)
______________________________
Print name(s)
REGULATIONS OUTSIDE THE COASTAL ZONE
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: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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.
(From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; INL#312-1; Ord. 519, Sec. 201, 5/11/65; Amended by Ord. 2214, 6/6/00)
135.1.5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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”. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.7.All public officials, bodies, and agencies to which reference is made are those of Humboldt County unless otherwise indicated. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.2.Additional definitions can be found in State Law in the Subdivision Map Act (see, Government Code Section 66414 and following), the Permit Streamlining Act (see Government Code Section 65925 and following), and in other related provisions which regulate planning and land use issues. If the definitions of this County Code are different from the State Law definitions, generally the State Law will govern, unless the provisions of this Code are more restrictive and limiting, in which case the more restrictive provisions apply. (Ord. 2214, 6/6/2000)
135.3.This set of definitions is separate from, and less comprehensive than, the definitions applicable in the Coastal Zone, which are set out in Chapter 3, Section C. This is because the coastal and non-coastal regulations were adopted at different times. It is the goal of the Board to eventually merge the two (2) sections and have one set of definitions that apply county wide. When that is done, some definitions will change, and environmental review of any changes will be required under California law. (Ord. 2214, 6/6/2000)
135.4.To the extent that the definitions in this non-coastal section are different from those in the coastal section, the differences may result in a different meaning. If so, it is the intention of the Board that the differences remain when this version of the Code is adopted. Minor wording differences which do not change the meaning are the result of oversights at the different times at which sections of the code were adopted, and it should not be assumed that any difference in meaning is intended. (Ord. 2214, 6/6/2000)
135.5.If a definition is not included in this section, standard rules of statutory construction should be used, and the words and phrases should be given their customary and ordinary meaning, unless that causes a clearly unintended and erroneous result. (Ord. 2214, 6/6/2000)
Abutting: Land having a common property line or separated only by an alley, easement or private road. (Former Section INL#312-2; Ord. 519, Sec. 202, 5/11/65)
Access Drive: A private drive connecting a street or alley with a parking or loading area or space and of sufficient width to permit safely the passage of all vehicles, equipment, machinery, trailers, manufactured homes and pedestrians which may normally or reasonably be expected to seek access to the parking or loading area or space. Whenever the size, location or use of the parking or loading areas is such as to reasonably necessitate the use of such drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of such emergency vehicles in order to be considered as an access drive within the meaning of these regulations. (Former Section INL#312-3; Ord. 519, Sec. 203, 5/11/65)
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 Section 18007 of the Health and Safety Code; and a Tiny House or Moveable Tiny House as defined in this Code. (See: Residential Use Types, Accessory Dwelling Unit, in Section 314-163.1.8: Use Types; Tiny House, Section 314-155, Definitions (T); and Moveable Tiny House, Section 314-148, Definitions (M)).
Acreage: Land which is customarily measured in terms of acres rather than front feet or square feet. (Former Section INL#312-4; Ord. 519, Sec. 204, 5/11/65)
Additional Incentives: “Additional incentives” means such regulatory concessions as specified in California Government Code Section 65915(d). 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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.
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 (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 INL#312-4.1; Added by Ord. 1848, Sec. 1, 9/13/88)
Adequate Off-Street Parking: “Adequate off-street parking” is hereby defined as parking facilities sufficient to meet the level of anticipated parking demand generated by a use or uses. (See, Section 314-109.1, Off-Street Parking, for parking requirements.) (From Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
Administrative Official: The Director of the County of Humboldt and/or such other Planning Commission employee as may be designated by the Planning Commission. (Former Section INL#312-5; Ord. 519, Sec. 205, 5/11/65)
Affordable Housing/Affordable Housing Unit: A housing unit which is available for sale to Moderate Income Households or for rent to Low and/or Very Low Income Households, as those terms are defined in this section.
Affordable Rent: Monthly rent charged to Low and Very Low Income Households for housing units as calculated in accordance with section 50053 of the Health and Safety Code. (Modified by Ord. 2472, Sec. 1, 2/14/12)
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 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(c); Added by Ord. 2166, Sec. 31, 4/7/98)
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 (“designations” or “planned” in these regulations) 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. (Former 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 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. This definition shall include both commercial and noncommercial activities in the designated areas or zones defined as “Agricultural Land” in this Chapter. (Former Section INL#316.2-1(b); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 1138b, Sec. 1, 1/14/97)
Agriculture, General: Farming, dairying, pasturage, timber production, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section INL#312-6; Ord. 519, Sec. 206, 5/11/65)
Alley or Lane: A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property and not intended for general traffic circulation, except when such terms are modified by the word “bowling”. (Former Section INL#312-7; Ord. 519, Sec. 207, 5/11/65)
Alternative Lodge Park: Provides spaces for occupancy for persons experiencing homelessness. allowing a broad range of housing types during a local emergency housing crisis. The range of allowable dwelling types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses.
Animal Hospital: A building where animals are given medical or surgical treatment for compensation and where the boarding of animals is incidental to such treatment. The designation “small animal hospital” shall indicate that such treatment shall be limited to dogs, cats, rabbits, birds and similar small animals. (Former Section INL#312-8; Ord. 519, Sec. 208, 5/11/65)
Animal Products Processing Plants: Buildings and premises for the preparation for wholesale distribution of animals or animal products, including but not limited to slaughter houses, fat rendering, tallow works, fertilizer plants, tanneries, seafood packing and canning, and distillation of bones. (Former Section INL#312-9; Ord. 519, Sec. 209, 5/11/65)
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 paint shop. (Former Section INL#312-10(a); Ord. 519, Sec. 210, 5/11/65)
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 2) tons capacity, but not including any operation under “automobile repair, major”. (Former Section INL#312-10; Ord. 519, Sec. 210(b), 5/11/65)
Automobile Service, Gas and/or Filling Station: A place which provides for the servicing, washing and/or fueling of operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto. (Former Section INL#312-11; Ord. 519, Sec. 211, 5/11/65) (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2742, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Board of Supervisors: Board of Supervisors of the County of Humboldt. (Former Section INL#312-12; Ord. 519, Sec. 212, 5/11/65)
Board of Zoning Adjustment: “Board of Zoning Adjustment” means the office of Zoning Administrator. (Former Section INL#312-13; Ord. 519, Sec. 213, 5/11/65; Amended by Ord. 946, 10/2/73)
Boarding House: A dwelling or part thereof where meals or meals and lodging are provided for compensation for three (3) or more persons, not transient. Also referred to as “Rooming House” in this Code. (Former Section INL#312-14; Ord. 519, Sec. 214, 5/11/65)
Building: Any roofed structure intended for use as human shelter, or shelter or enclosure for 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; INL#312-16(a); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-4; Added by Ord. 2214, 6/6/00)
c. Main. A building in which the principal use of the building site is conducted. (Former Section CZ#A312-4; INL#312-16(b); Ord. 519, Sec. 218, 5/11/65)
d. Site. One lot, or two (2) 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; INL#312-16(c); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00))
Campground: (See Section 314-113.1, Special Occupancy Parks. See also, Camping Party.)
Camping Party: “Camping Party” has the same meaning as stated in Section 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. (Former Section INL#312-17.1; Added by Ord. 2166, Sec. 1, 4/7/98)
Cannabis Farm Stay: See “Farm Stay.”
Caretaker’s Residence: A Caretaker’s Residence refers to living quarters which are incidental to and under the same ownership as the principal use which is a nonresidential use. (Former Section INL#312-17.2; Added by Ord. 2166, Sec. 1, 4/7/98)
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, but not limited to, columbariums, crematories, mausoleums, mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery, and any activity or business designed for the benefit, service, convenience, education or spiritual uplift of property owners or persons visiting the cemetery when operated in conjunction with and within the boundary of the cemetery and which is compatible with the purpose of the cemetery and is incidental thereto. (Former Section INL#312-18; Ord. 519, Sec. 218, 5/11/65)
Childcare Facility: A facility that provides non-medical care and supervision of minor children for periods of less than twenty-four (24) hours and is licensed by the California State Department of Social Services, further subject to the definition in California Government Code Section 65915(h)(4). This includes, but is not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers, but excludes family daycare homes.
Collector Road/Street: A medium order class of street designed to provide through-transit for moderate to large volumes of vehicles. In the hierarchy of street type classifications, collectors convey traffic from sub-collectors and local streets to arterial streets that in turn connect to highways or other regional controlled-access road facilities. (Also see, “Classification of Streets” in Division 4 of Title III of this Code.)
Combining Zone: (See Zone, Combining.)
Commercial Coach: 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). (From Section CZ#A312-5; Added by Ord. 2214, 6/6/00)
Commercial Residential: Commercial residential is a development that either consists of dwellings or a mixture of dwellings and commercial uses in accordance with Section 314-56.5.
Commission, Planning: The Planning Commission of the County of Humboldt, State of California. (Former Section INL#312-20; Ord. 519, Sec. 220, 5/11/65)
Community Care Facility: Community Care Facility includes all the use types defined in State law as community care facility (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place or building licensed by the State Department of Social Services, which is maintained and operated to provide nonmedical residential care, day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community care facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purpose of zoning, except that supportive and transitional housing as defined in this Code are considered residential uses regardless of the number of individuals served. (See also, “Family Day Care Homes” and “Family Day Care Center”)
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. (See also, Open Space, Useable) (Former Section INL#312-21.3; Added by Ord. 2103, Sec. 1, 1/9/96)
Correlated Color Temperature: (Abbreviated “CCT”) In lighting refers to the warmth or coolness of a light source, measured in Kelvin (K), where lower numbers indicate warmer, yellowish light and higher numbers indicate cooler, bluer light.
Cottage Industry: (See Industrial Use Types, Cottage Industry, in Section D, Part 2: “Glossary of Use Types”.)
Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. (Former Section INL#312-19; Ord. 519, Sec. 219, 5/11/65) (Ord. 2214, 6/6/2000; Ord. 2472, § 1, 2/14/2012; Ord. 2703, § 6, 11/29/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2747, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Day Shelter: Any shelter operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization that provides a temporary shelter exclusively for the homeless without requiring occupants to sign leases or occupancy agreements. Day shelters shall be open less than twenty-four (24) hours a day; they may not provide overnight accommodations; and clients must be allowed to stay in the shelter for as many hours as it is open. No individual or household may be denied access to day shelter because of an inability to pay.
Density:
a.A means of describing the distribution of population over an area of land. Typically expressed as a number of dwelling units per a given acreage (examples: one (1) through seven (7) units per acre; or, one (1) dwelling per 20 acres). (Former Section INL#312-22.1(a); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Density may be expressed as a density range (examples: five (5) through 20 acres per dwelling unit; or one (1) through seven (7) dwelling units per acre). Density does not set minimum parcel size; that is done by the zoning. (From Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Minimum Parcel Size: The smallest parcel size allowed by the plan or the zone (example: 40-acre minimums). (Former Section INL#312-22.1(c); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Planned:
a.The density anticipated to be achievable and appropriate for a given area; the density specified for the area in the General Plan. (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Sometimes planned density is expressed as a minimum parcel size, or range of minimum parcel sizes (examples: 40-acres minimum; or, 20 through 160 acres per parcel). (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density Bonus: A density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete. (Modified by Ord. 2472, Sec. 1, 2/14/12)
Density Bonus Housing Agreement: A legally binding agreement between a developer and the County (Housing Authority or Planning Department) 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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Density Bonus Unit:Those additional residential units granted pursuant to the provisions of the residential density bonus section that exceed the otherwise maximum residential density for the development site.
Dependent Sleeping Unit: A hard-roof and sided structure providing at a minimum a room for living and sleeping that is not fully equipped with a kitchen area, shower, and toilet or sewage disposal system. A dependent sleeping unit may contain a toilet or sewage disposal system.
Dependent Unit Village: A grouping of three (3) or more dependent sleeping units and contains separate common facilities equipped with, but not limited to, kitchen areas, toilets, showers and bathrooms with running water. A dependent unit village is considered multifamily housing.
Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two (2) structures. (Former Section INL#312-22; Ord. 519, Sec. 222, 5/11/65)
Dwelling:
a. Dwelling. Any building or portion thereof containing one (1) or more dwelling units designed or used exclusively as a residence or sleeping place for one (1) or more families, but not including a tent, cabin, boat, recreational vehicle, manufactured home, labor camp, hotel or motel. (Former Section INL#312-23(a); Ord. 519, Sec. 223, 5/11/65; Amended by Ord. 2166, Sec. 2, 4/7/98)
b. Dwelling, One (1) Family. A building containing exclusively one (1) dwelling unit. (Former Section INL#312-23(b); Ord. 519, Sec. 223, 5/11/65)
c. Dwelling, Two (2) Family or Duplex. A detached building under one roof, designed for or occupied exclusively by two (2) families living independently of each other. (Former Section INL#312-23(c); Ord. 519, Sec. 223, 5/11/65)
d. Dwelling, Multiple. A building or portion thereof containing three (3) or more dwelling units, including apartments and flats but excluding rooming and boarding houses, lodging houses, motels, manufactured home parks, hotels, fraternity or sorority houses and private residence clubs. (Former Section INL#312-23(d); Ord. 519, Sec. 223, 5/11/65)
Dwelling Unit: One (1) room, or a suite of two (2) or more rooms designed for, intended for, or used by one (1) family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette. (Former Section INL#312-24; Ord. 519, Sec. 224, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Emergency Dependent Unit Village: A grouping of three (3) or more emergency sleeping cabins that are not equipped with a kitchen area, toilet, or sewage disposal system. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. An emergency dependent unit village shall contain separate on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
Emergency Housing Villages: Allow for a broad range of housing types as emergency housing. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. This includes emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Section 8698.4 addressing emergency housing upon declaration of a shelter crisis.
Emergency Shelter: Housing with or without supportive services for persons experiencing homelessness that is limited to occupancy of six (6) months or less, as defined in Section 50801(e) of the California Health and Safety Code. An emergency shelter may be the principal or an ancillary use on the lot. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter operations may be seasonal or year-round, and must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. (Ord. 2335, 12/14/2004)
Emergency Sleeping Cabin: A hard roofed and sided structure providing a room for living and sleeping, not equipped with a kitchen area, toilet and sewage disposal system, and is allowable as emergency housing under Government Code 8698.4 addressing emergency housing upon declaration of a shelter crisis. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. Emergency sleeping cabins shall meet the minimum requirements of the California Building Code (CBC), Appendix P104, Emergency Sleeping Cabins, and California Residential Code (CRC), Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices.
Emergency Vehicle: Self-propelled vehicle or trailer used in the discharge of the duties of public districts, agencies, or departments or privately owned public utilities responsible for fire prevention and control, policing, sanitation, sewage, drainage, flood control, and public utility maintenance and service. (Former Section INL#312-25; Ord. 519, Sec. 225, 5/11/65)
Equivalent Financial Incentive: “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
b.A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary.
See, Section 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(g); Added by Ord. 2166, Sec. 31, 4/7/98) (Ord. 2693, § 3, 6/7/2022; Ord. 2742, § 3, 8/20/2024)
Family: A person living alone or a group of persons living together as a single non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, rooming house, lodging house, motel or hotel, fraternity or sorority house. (Former Section INL#312-26: Ord. 519, Sec. 226, 5/11/65; Amended by Ord. 2214, 6/6/00)
Family Day Care Center: Family Day Care Center refers to any facility which provides, to more than twelve (12) persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of the property. A conditional use permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes”.) (Former Section INL#312-26.1; Added by Ord. 1842, Sec. 2, 8/16/88)
Family Day Care Home: Family Day Care Home refers to any facility which provides, to twelve (12) or fewer children (including children who reside at the home), non-medical care, or personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four hour basis. (See also, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#312-26.2; Added by Ord. 1842, Sec. 3, 8/16/88)
Farm Dwelling: A dwelling on farm premises for permanent residents of the farm, such as the owner, lessee, foreman, or others whose principal employment is the operation of the farm, as distinguished from quarters for seasonal labor. (Former Section INL#312-27; Ord. 519, Sec. 227, 5/11/65)
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, resides on the property.
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. (From Section CZ#A312-8; Added by Ord. 2214, 6/6/00)
Flood Plain: Flood plain is defined as the area subject to inundation by the 100 year or base flood, as shown on the FEMA Flood Insurance Rate Maps (FIRM). (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floodway: Floodway is defined as 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 and can be specifically determined at a given location by the Building Division’s application of the County flood regulations. (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floor Area: Floor area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Former Section INL#312-27.1; Added by Ord. 1633, Sec. 2, 3/13/84)
Foot-Candle: (Abbreviated “fc”) A unit of illuminance defined as one (1) lumen per square foot.
Frog Farm: A place at which frogs are bred and raised for commercial purposes. (Ord. 2214, 6/6/2000)
Frontage: All the property on one side of a street between intersecting or intercepting streets, or between a street and right-of-way, water way end of a dead-end street or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. (Former Section INL#312-28; Ord. 519, Sec. 228, 5/11/65)
Fur Farm: A place at which fur-bearing animals, other than chinchillas, are bred and raised for commercial purposes, such as breeding stock or for the reclamation of pelts. (Former Section INL#312-29; Ord. 556, Sec. 1, 3/22/66) (Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025)
Garage:
a. Private. An accessory building or a portion of a building designed for the storage of self-propelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site and their guests, including covered parking space or carport. (Former Section INL#312-30(a); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
b. Public. Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, trailers and boats or where any such are equipped for operation or repair or kept for remuneration and hire. (Former Section INL#312-30(b); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
c. 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. (Former Section INL#312-30(c); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
Grade:The average of the finished ground level at the center of all walls of a building. (Former Section INL#312-30.1; Ord.)
a. Grade, Finished. The finished surface of the ground after grading for development. (Former Section INL#312-30.2)
b. Grade, Natural. The surface of the ground prior to grading for development. (Former Section INL#312-30.3)
Greenhouse: A facility for indoor propagation of plants, constructed with transparent or translucent panels. (See also, “Nurseries” and Section 314-69.1, Accessory Structures.)
Greenway Bench: A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (See, Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section 315-10(B); Ord. 2071, Sec. 1, 4/25/95)
Ground Coverage: See, Lot Coverage. (Former Section INL#312-31)
Hearing Officer: “Hearing Officer” means the Director of the Community Development Services Department or the designee of the Director, Zoning Administrator, Planning Commission, or other designee. (Former Section INL#312-32; Ord. 946, Sec. 2, 10/2/73; Amended by Ord. 2214, 6/6/00)
Higher Order Street: (See, Classification of streets in Division 4 of this Title III of the Code.)
Hog Farm: Any premises used for the raising or keeping of three (3) or more hogs when raised, fed or fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural zone, the term “hog farm” is not intended to otherwise preclude the raising of hogs as part of a general farming operation. (Former Section INL#312-33; Ord. 519, Sec. 232, 5/11/65)
Home Occupation: Any use which, as determined by the Planning Commission, is customarily carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling. Home occupations are subject to the Home Occupation Regulations in this Chapter. (Former Section INL#312-34; Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98; Amended by Ord. 2214, 6/6/00)
Home-Share Rental: Short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six (6) or more transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, boarding house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses. (Former Section INL#312-35; Ord. 519, Sec. 234, 5/11/65)
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 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(h); Added by Ord. 2166, Sec. 31, 4/7/98)
Housing Development:A development project for five (5) or more residential units, inclusive of single-family, multifamily, and manufactured homes for sale or rent. This does not exclude mixed use developments that include the number of residential units described above. Within this chapter, it shall also include a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multifamily building. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
Incentives or Concessions: Regulatory concessions which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus. See also “Additional Incentives.”
Incidental Camping Area: “Incidental Camping Area” has the same meaning as stated in Section 18208 of the California Health and Safety Code (Incidental Camping Area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. In addition to the development standards identified in Section 314-113.1, Special Occupancy Parks, the density of usage for incidental camping areas shall not exceed 25 camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Former Section INL#312-35.1; Added by Ord. 2166, Sec. 4, 4/7/98)
Initial Subsidy: The fair market value of the home at the time of initial sale minus the initial sale price to the designated household, plus the amount of any down payment assistance or mortgage assistance. If, upon resale, the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (e.g., X (fair market value of the home to be purchased) - Y (the price the moderate income family paid for the home) + Z (amount of any down payment assistance) = initial subsidy).
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 INL#312-36; Ord. 519, Sec. 235, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 3, 11/4/2025)
Junk Yard: (See, Wrecking and Salvage Yards)
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 INL#312-38; 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 INL#312-39; Ord. 519, Sec. 238, 5/11/65)
Labor Camp, Including Agricultural or Farm Labor Camp: Any living quarters, dwelling, boarding house, rooming house, tent, bunk house, manufactured home or other housing accommodation maintained in connection with any work or place where work is being performed, and the premises upon which they are situated, or the areas set aside and provided for camping of five (5) or more employees by a labor contractor. Labor camps shall also mean a labor supply camp, which is any place, area or piece of land where a person engages in the business of providing sleeping places or camping grounds for five (5) or more employees or prospective employees. (Former Section INL#312-40; Ord. 519, Sec. 239, 5/11/65)
Licensed Premises: Premises licensed by the Alcoholic Beverage Control Board of the State of California for the sale and consumption on the premises of alcoholic beverages. (Former Section INL#312-41; Ord. 519, Sec. 240, 5/11/65)
Light Fixture: A complete lighting unit consisting of a lamp or lamps, the lamp holder, reflector, lens, diffuser, ballast and/or other components and accessories, together with parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Sometimes referred to as a luminaire or light source.
Light Pollution: Any artificial light emitted into the atmosphere, either directly or indirectly, which may have a disruptive effect on natural cycles and inhibits the observation of stars and planets.
Light Trespass: Any artificial light emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited. Including, but not limited to, any light from a light fixture onto neighboring property that interferes with viewing of the night sky or eliminates the ability to have darkness on the adjacent property, or shines into or onto neighboring windows, properties or structures.
Lighting Nuisance: Light pollution that significantly impacts or interferes with a person’s enjoyment of their property or their health. It can be caused by misdirected or excessive lighting, or light trespass from neighboring properties. A lighting nuisance must be a continual event. A one (1) time offensive activity is not sufficient to be deemed a lighting nuisance.
Living Quarters: One (1) or more rooms in a building designed, intended for or used by one ore more individuals for living or sleeping purposes, but which does not have cooking facilities. (Former Section INL#312-42; Ord. 519, Sec. 241, 5/11/65)
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 (From Section CZ#A312-14(a); Added by Ord. 2214, 6/6/00)
(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. (From Section CZ#A312-14(b); Added by Ord. 2214, 6/6/00)
Lot Area: (See, Lot Size)
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than 135 degrees. (Former Section INL#312-43(b); Ord. 519, Sec. 242, 5/11/65)
Lot Coverage: The percentage of lot size covered by the vertical projection of any structure excluding any structure not extending above the grade. (Former Section INL#312-45.1)
Lot Depth: The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Former Section 312-46; Ord. 519, Sec. 244, 5/11/65)
Lot, Double Frontage: A lot with both the front and rear lot lines abutting a road right-of-way. (See also, Lot, Through) (Former Section INL#312-46.1; Ord.)
Lot, Flag: Lots with a narrow frontage and a long driveway or strip of land connecting with a street. (Former Section INL#312-46.2; Ord.)
Lot, Interior: A lot other than a corner lot. (Former Section INL#312-43(c) and INL#312-46.3; Ord. 519, Sec. 242, 5/11/65; Amended by Ord.)
Lot, Key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot (exclusive of any alley) and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Former Section INL#312-43(d); Ord. 519, Sec. 242, 5/11/65)
Lot Line: Any property line bounding a lot. When the definition of lot lines is 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 County 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 center line 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 INL#312-47(a); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Exterior: A property line abutting a public or private road or street. (Former Section INL#312-47(b))
Lot Line, Front: The line separating the front of the lot from the street right-of-way. 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, street, or highway which does not have a right-of-way of record, refer to the definition of “lot line”. In the case of a flag lot, the front line shall 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 INL#312-47(c); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Rear: The record lot line most distant from and generally opposite the front lot line. Except: In the case of an interior triangular or wedge-shaped lot, it shall mean a straight line 10 feet in length which:
(1) is approximately parallel to the front lot line, and
(2) intersects the two (2) other lot lines at points most distant from the front lot line.
Where the rear lot line abuts a public road, street or highway which does not have a right-of-way of record, refer to the definition of “Lot Line” (Former Section INL#312-47(d); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Side: Any lot line which is not a front lot line or rear lot line. Where a side lot line abuts a public road, street, or highway which does not have a right-of-way of record, refer to the definition of “Lot Line”. (Former Section INL#312-47(e); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot, Manufactured Home: (See, Manufactured Home Lot)
Lot, Mobilehome: (See, Manufactured Home Lot)
Lot Size: The total area of a lot. For lots less than one (1) acre in size, lot size shall be the total area of a lot, exclusive of any street measured horizontally between bordering lot lines. (Former Section INL#312-45; Ord. 519, Sec. 243, 5/11/65; Amended by Ord. 1743, Sec. 1, 7/15/86)
Lot, Substandard: A “substandard lot” means a lot which has been lawfully separated from adjoining property by map or a metes and bounds description as on a deed but does not meet the standards required of a lot or building site. (Former Section INL#312-44; Added by Ord. 1068, Sec. 1, 1/3/76)
Lot, Through: A lot fronting on two (2) parallel or approximately parallel streets. (See also, Lot, Double Frontage) (From Section CZ#A312-14)
Lot Width: The horizontal distance between the side lot lines measured at right angles to the depth of the lot at the front yard set back line. Whenever this definition cannot be applied due to irregularity in the shape of the lot, the lot width shall be as determined by the Administrative Official subject to review by the Planning Commission. (Former Section INL#312-48; Ord. 519, Sec. 246, 5/11/65)
Low Barrier Navigation Center: A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry. No individual or household shall be denied shelter because of inability to pay. Navigation centers shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Navigation center as used in this chapter shall have the same meaning as Section 65660(a) of the California Government Code, and as this section may be amended.
Low Income Household: A household whose income does not exceed 80 percent of the area median income for 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.
Lower Income: Eighty percent (80%) of the area median income for Humboldt County. (See also “Affordable Rent.” See also Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
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 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(j); Added by Ord. 2166, Sec. 31, 4/7/98)
Lower Income Student: Means a student who has a household income and asset level that does not exceed the level specified for Cal Grant A or Cal Grant B award recipients in Section 69432.7(k) of the California Education Code.
Lumen: A standard unit that measures the amount of visible light emitted by a light source. (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Manufactured Home: “Manufactured Home”, for purposes of this division, means a vehicle other than a motor vehicle which is designed and equipped for human habitation and for being drawn by a motor vehicle and which exceeds eight (8) feet in width or is forty (40) feet or greater in length and requires a Special Permit or chauffeur’s license, or both, to be moved upon public highways. “Manufactured home” does not include trailer, travel-trailer, camp trailer, trailer coach, house car, automobile trailer, or motorhome. The term, as used in this division, is synonymous with the term “mobilehome”. This definition is not intended to supersede or conflict with the California Health and Safety Code Section 18007 definition of this term. (Former Section INL#312-48.1; Added by Ord. 1633, Sec. 3, 3/13/84)
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. (From Section CZ#A312-14)
Manufactured Home Park: “Manufactured Home Park” means any tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes used for human habitation. The rental paid for any such manufactured home will be deemed to include rental for the lot it occupies.
The rental of one (1) or more manufactured homes or recreational vehicles is regulated by the State of California pursuant to Health and Safety Code Sections 18000-18897.7. (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
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 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(k); Added by Ord. 2166, Sec. 31, 4/7/98)
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.
Mobilehome: (See, “Manufactured Home.”) (Former Section INL#312-49; Ord. 1086, Sec. 1, 7/13/76)
Mobilehome Park: (See “Manufactured Home Park.”) (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
Moderate Income: Between eighty percent (80%) and one hundred twenty percent (120%) of the area median income for Humboldt County, adjusted for household size. (See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Moderate Income Household: A household whose gross income does not exceed the moderate income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
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 having to pass through any lobby, and where luggage is moved between the parking area and living unit 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 manufactured homes or recreational vehicles. (Former Section INL#312-51; Ord. 519, Sec. 248, 5/11/65; Amended by Ord. 2214, 6/6/00)
MOVEABLE TINY HOUSE
A structure no larger than four hundred (400) square feet intended for separate, independent living quarters, designed and built 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) 1192 RV 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. (Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2748, § 3, 10/1/2024; Ord. 2776, § 3, 11/4/2025)
Nonconforming Structure or Use: A “nonconforming use” means the lawful use of lands or a building lawfully existing on the effective date of these regulations or prior ordinances to the subject property although such building or use does not conform with the current regulations of this division, except as may be qualified by this Code. (Former Section INL#312-52; Ord. 1104, Sec. 1, 10/5/76; Amended by Ord. 1237, Sec. 1, 6/27/78; Amended by Ord. 1876, Sec. 2, 9/26/89)
Non-Restricted Unit: Means all units within a Housing Development excluding the Target Units. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(l); Added by Ord. 2166, Sec. 31, 4/7/98)
Nuisance, Public: (See Public Nuisance.)
Nurseries: Buildings and premises for the propagation and display for retail sale of plants, vines, shrubs and trees, and the sale of horticultural materials when incidental thereto. (See also, Greenhouse.) (Former Section INL#312-53; Ord. 519, Sec. 250, 5/11/65; Amended by Ord. 2214, 6/6/00)
Office:
a. Office, 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 or payments, and the keeping of records and accounts pertaining to the particular business. (Former Section INL#312-54(a); Ord. 519, Sec. 251, 5/11/65
b. Office, 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 INL#312-54(b); Ord. 519, Sec. 251, 5/11/65)
Open Space Maintenance Zone: An assessment district, formed by entities with recreational authority, under the provisions of the Landscape and Lighting Act of 1972, to fund the maintenance of lands donated to the entity for recreational uses. (Former 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. (Also see, “Consolidated Play Surface.”) (Former Section INL#312-73; Added by Ord. 2103, Sec. 3, 1/9/96)
Owner: 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 for the owner. (Former Section INL#312-55; Ord. 519, Sec. 252, 5/11/65)
Parking, Adequate Off-Street: (See, Adequate Off-Street Parking. See also, Section 314-109.1, Off-Street Parking.)
Person: Any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties. (Former Section INL#312-56; Ord. 519, Sec. 253, 5/11/65)
Planned Unit Development:
a.An integrated development located on a single building site, or on 2 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 an overall density consistent with the gross densities permitted in the zone in order to provide development compatible with environmental, geologic or topographic features of a parcel. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
b.In such development, operation or a series of operations in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facilities, open space, and utilities, together with 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. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
(See also, Section 314-31.1, Planned Development Zone.)
Planning Commission: (See Commission, Planning)
Principal Zone: (See Zone, Principal.)
Private Institution: The rooming or boarding of any aged or convalescent person, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency. Private institution shall include sanitarium, rest home and convalescent home. (Former Section INL#312-57; Ord. 519, Sec. 254, 5/11/65)
Proportionate Share of Appreciation: The ratio of the local government’s Initial Subsidy as defined above to the fair market value of the home at the time of initial sale. (e.g., X (initial subsidy) /Y (fair market value) = Proportionate Share of Appreciation). (Ord. 2472, § 1, 2/14/2012)
Public Nuisance: Any building or use operated or maintained contrary to the provisions of this Code shall be and the same hereby is declared to be a public nuisance and shall be subject to injunction and abatement as such. (From Section INL#319-3; Ord. 519, Sec. 803, 5/11/65; Added by Ord. 2214, 6/6/00)
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 Welfare Department or designated by the County Probation Department or any court. (Former Section INL#312-58; Ord. 722, Sec. 1, 5/26/70)
Qualifying Resident: Means senior citizens or other persons eligible to reside in Senior Citizen Housing. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(m); Added by Ord. 2166, Sec. 31, 4/7/98)
Quasi-Public Use: A use operated by a private non-profit educational, religious, recreational, charitable, fraternal, or medical institution, association, or organization, and including but not limited to such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls, private hospitals and the like. (Former Section INL#312-59; Ord. 519, Sec. 256, 5/11/65)
Recreation:
a. Recreation Commercial. Recreation facilities open to the general public for a fee, or, if restricted to members when operated for profit as a business. (Former Section INL#312-60(a); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
b. Recreation, Private, Noncommercial. Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests. (Former Section INL#312-60(b); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
c. Recreational Accommodations. Transient and tourist-related habitation that support on-site recreation activities such as dude ranches, ski lodges, health spas, transient habitation and other similar accommodations that provide recreation-related lodging to guests. (Former Section INL#312-60(c); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
Recreational Vehicle: “Recreational Vehicle” has the same meaning as stated in Section 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 motive power, designed for human habitation for recreational, emergency, or other occupancy, which contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (Former Section INL#312-60.1; Added by Ord. 2166, Sec. 6, 4/7/98)
Recreational Vehicle Park: “Recreational Vehicle Park” has the same meaning as stated in Section 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 Recreational Vehicle Park Regulations in this Code. (Former Section INL#312-60.2; Added by Ord. 2166, Sec. 6, 4/7/98)
Residential Density Bonus: (See, Density Bonus. Also see, Section 314-112.1, Residential Density Bonus, for further discussion.)
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 INL#312-61; Ord. 519, Sec. 258, 5/11/65)
Rooming House: (See, Boarding House.) (Ord. 2732, § 3, 3/5/2024)
Safe Parking Program: A program that provides homeless individuals and families living in a vehicle a safe place to park while accessing services to end their homelessness. No rent or fee may be charged. Occupancy is limited to six (6) months unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe parking may be the principal or an ancillary use on the lot. Safe parking programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Safe Shelter Program: A program that provides homeless individuals and families a safe place to sleep in tents or other structures that meet California Building Code Appendix X, Emergency Housing Standards, while accessing services to end their homelessness. No rent may be charged. Occupancy is limited to six (6) months or less unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe shelter programs may be the principal or an ancillary use on the lot. Safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Salvage Yard: (See, Wrecking and Salvage Yards)
Senior Citizen Housing Development: A residential development developed, substantially rehabilitated or renovated, and having at least thirty-five (35) dwelling units for senior citizens in compliance with the requirements of Section 51.3 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
Setback: A required specified distance between buildings or structures and a lot line or lines, measured perpendicularly in a horizontal plane extending across the complete length of said lot line or lines. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-62; Ord. 1234, Sec. 1, 6/13/78; Amended by Ord. 1848, Sec. 4, 9/13/88; Amended by Ord. 2214, 6/6/00)
Shielded: A light fixture having a housing or optics that prevents a direct view of the light source from normal viewing angles. Types of shielding include:
a. Fully Shielded. A lighting design where the light source is completely covered by a barrier, preventing any light from escaping upwards or sideways, ensuring that all illumination is directed downwards, minimizing light pollution, and light trespass.
b. Unshielded. A lighting design where there is no barrier covering the light source, which causes the light to spread out in all directions.
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 live in the subject dwelling unit, attend to day-to-day operations associated with the maintenance of the short-term rental and who are the point of contact for neighborhood concerns.
Short-Term Rental Permit Holder (“Permit Holder”): The person or persons that have control and responsibility for the short-term rental of a dwelling unit and that are responsible for ensuring compliance with all applicable laws and regulations.
Single-Room Occupancy Facility: A residential building or structure, or group of buildings or structures that contain one (1) or more single-room occupancy units.
Single-Room Occupancy Units: A living space within an SRO Facility with a minimum floor area of 150 square feet and a maximum of 400 square feet with access to kitchen and bathroom facilities. Kitchen and bathroom facilities may be wholly or partially included in each living space, or may be fully shared.
Special Occupancy Park: “Special Occupancy Park” has the same meaning as stated in Section 18216.1 of the California Health and Safety Code (Special Occupancy Park), which is a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. (See also, Section 314-113.1, Special Occupancy Parks.) (Former Section INL#312-62.1; Added by Ord. 2166, Sec. 7, 4/7/98)
Stable:
a. Stable, Private. A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their guests. (Former Section INL#312-63(a); Ord. 519, Sec. 260, 5/11/65)
b. Stable, 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. (Former Section INL#312-63(b); Ord. 519, Sec. 260, 5/11/65; Amended by Ord. 2188, Sec. 1, 2/9/99)
Street: A public or private right-of-way which provides a primary means of access to abutting property. (Former Section INL#312-64; Ord. 519, Sec. 261, 5/11/65)
Street Line: The boundary between a street right-of-way and abutting property. (Former Section INL#312-65; Ord. 519, Sec. 262, 5/11/65)
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, but excluding 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, fences seven (7) feet or less in height, and for zoning setback purposes, retaining walls six (6) feet or less in height. (Building permits may be required for retaining walls.) Recreational vehicles used for human occupancy are considered structures. Decks and platforms thirty (30) inches or less in height must conform with setback standards of this code. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-66; Amended by Ord. 1848, Sec. 5, 9/13/88; Amended by Ord. 1876, Sec. 3, 9/26/89; Amended by Ord. 2166, Sec. 7, 4/7/98; Amended by Ord. 2214, 6/6/00)
Structural Alterations: Any change in the structural members of a building such as bearing walls, columns, beams or girders. (Former Section INL#312-67; Ord. 519, Sec. 264, 5/11/65)
Student Housing Development: A development that contains bedrooms containing two (2) or more bedspaces that have a shared or private bathroom, access to a shared or private living room, access to shared or private laundry facilities, and access to a shared or private kitchen.
Subordinate: Subordinate means of lesser bulk and less prominence as delineated by the combined effect of yard setbacks, ground coverage, height and form. (Former Section INL#312-67.1; Added by Ord. 1633, Sec. 5, 3/13/84)
Supportive Housing: Housing with no limit on the length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Ord. 1633, § 5, 3/13/1984; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2693, § 3, 6/7/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Target Population: The target population, defined in California Government Code Section 65582(i), means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals with developmental disabilities who are eligible for services under the California Welfare and Institutions Code (commencing with Section 4500).
Target Unit: 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, lower income students, transitional foster youth, disabled veterans, homeless persons, or qualifying residents, as identified in the density bonus housing agreement. 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.)
TARGET UNITS | |
|---|---|
UNIT SIZE | HOUSEHOLD SIZE |
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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion. Also see “Affordable Rent,” “Affordable Sales Price,” “Qualifying Resident,” “Lower Income Household,” “Very Low Income Household.”)
Temporary Recreational Vehicle Park: “Temporary Recreational Vehicle Park” has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary 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, and which is established for one occupancy not to exceed 11 consecutive days, and is then removed. (Former Section INL#312-67.2; Added by Ord. 2166, Sec. 8, 4/7/98)
Tent Camp: “Tent Camp” has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or lease for the exclusive use of camping parties. (Former Section INL#312-17, INL#312-67.3; Ord. 519, Sec. 217, 5/11/65; Amended by Ord. 2166; Sec. 8, 4/7/98; Amended by Ord. 2214, 6/6/00)
Timberland: “Timberland” means land other than land owned by the federal government which is available for and capable of growing a crop of trees or upon which there are trees of any commercial species used to produce lumber and other forest products. (Former Section INL#312-68; Ord. 1057, Sec. 1, 12/8/75)
Timber Production: “Timber production” means the cutting or removal or both of timber and solid wood forest products from timberlands for commercial purposes, together with all the work incidental thereto, including but not limited to construction and maintenance of roads, fuelbreaks, firebreaks, stream crossing, landings, skid trails, beds for the felling of trees, and fire hazard abatement. Timber production does not include cutting or removal of timber for creating building pads and access to a legal building site when such cutting or removal is approved as a part of the building and/or encroachment permit and removal of diseased and/or dangerous trees which 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 production. (Former Section INL#312-69; Ord. 1057, Sec. 2, 12/8/75; Amended by Ord. 1235, Sec. 2, 6/13/78)
Timber Products Processing Plants: Timber product processing plants are buildings and premises for the commercial processing of wood and wood products, including but not limited to sawmills, lumber mills and plywood mills, but not including pulp mills. Pulp mills shall be classified as heavy industrial uses and shall be permitted in the zones designed to accommodate such uses with a Use Permit. (Former Section INL#312-70; Ord. 542, Sec. 3, 2/8/66)
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 the 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 which includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation.
Tiny House Village: A grouping of three (3) or more tiny houses or moveable tiny houses. A tiny house village would also include a dependent unit village with three (3) or more dependent sleeping units with central sanitary, cooking, and dining facilities. A tiny house village is considered multifamily housing and not a mobile home park, an RV park, or a special occupancy park.
Transient: When used in conjunction with boarding or lodging, it means services that are charged for in units of less than one (1) month and where the majority of people utilizing such services remain for periods of less than three (3) months. (Former Section INL#312-71; Ord. 519, Sec. 270, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
Transient Habitation: (See Commercial Use Types, Transient Habitation, in Section D, Part 2, Glossary of Use Types.)
Transitional Housing: Rental housing that operates under a rental assistance program with a period of at least six (6) months, but where the space is reoccupied by another program recipient after a set period. The housing may be integrated with other social services and counseling programs to assist in the transition to income and permanent housing.
Turkey Farm: A place at which turkeys are bred and raised for commercial purposes. (Added by Ord. 2214, 6/6/00 (Ord. 2116, § 31, 4/30/1996; Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2721, § 3, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Use:
a. Use. The purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. (Former Section INL#312-72(a); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Use, Accessory. A use legally permitted in the zone, which use is 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 INL#312-72(b); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Use, Conditional. A principal or accessory use of land or of structures thereon, which use may be essential or desirable to the public convenience or welfare in one (1) or more zones but which use may also impair the integrity and character of the zone or adjoining zone or be detrimental to the public health, morals or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall become a “principal permitted use” or “accessory permitted use” 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 INL#312-72(c); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Use, Principal Permitted. The 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 vested right to conduct such principal permitted use without securing special permission therefor, subject only to such general limitations as off-street parking and site plan approval which are generally applied to all uses in that zone. (Former Section INL#312-72(d); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
Useable Open Space: (See “Open Space, Useable”)
Undisturbed Slope: An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. (For more information on undisturbed slopes, greenway benches and open space, see Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
Very Low Income: Fifty percent (50%) of the area median income for Humboldt County, adjusted for household size. (Also see Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Very Low Income Household: A household whose income does not exceed 50 percent of the area median income for 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. (From Section INL#316.4-2(p); Added by Ord. 2166, Sec. 31, 4/7/98; Modified by Ord. 2472, Sec. 1, 2/14/12) (Ord. 2166, § 31, 4/7/1998; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
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 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 salvage of materials incidental to and used in manufacturing or farm operations, provided such salvage of materials takes place where the manufacturing or farming is done. (For more information on wrecking and salvage yards, see Chapter 1 of Title III, Division 7 of these regulations.) (Former Section INL#312-37; From Section 371-1; Ord. 542, Sec. 1, 2/8/66; Amended by Ord. 2214, 6/6/00)
(Section Reserved for Future Use)
Yard:
a. 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. (Former Section INL#312-74(a); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Yard, Front. A yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shorter street frontage. (Former Section INL#312-74(b); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Yard, Rear. A yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto, except that the rear yard of a corner lot extends to the side yard adjacent to the street. (Former Section INL#312-74(c); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Yard, Side. A yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line on the lot and the nearest vertical support or main wall of each building or enclosed or covered porch attached thereto. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line. (Former Section INL#312-74(d); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
Yard, Salvage: (See, Wrecking and Salvage Yards)
Yard, Wrecking: (See, Wrecking and Salvage Yards)
Zone: A portion of the territory of the County of Humboldt within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this Code. The word “zone” shall include the word “district”. (Former Section INL#312-75; Ord. 519, Sec. 274, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
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. (Ord. 2214, 6/6/2000)
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. (Ord. 2214, 6/6/2000)
Note: This section is new and is based on the format used in Coastal Zone regulations using text from non-coastal regulations. Currently, use types are referred to in Chapter 4 for the following zones: C-3: Industrial Commercial; MB: Business Park; RA: Rural Residential Agriculture; and F: Flood Hazard Combining.
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. These uses are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. The Principal Zoning Districts shall be represented on the adopted zoning maps by the designations in the following table. (Former Section INL#313-1; Amended by Ord. 2214, 6/6/00)
1.2 LISTS OF PERMITTED USES
Beginning with Section 314-2, Section A, Part 1 of this Chapter contains a list of permitted uses in the Principal Zones. These uses 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 “principal zone”) are explained in Section C: Index of Definitions of Language and Legal Terms. (Ord. 2214, 6/6/2000; Ord. 2422, § 1, 11/10/2009)
PRINCIPAL ZONES - INLAND | ||
|---|---|---|
ZONE DISTRICT | DESIGNATION | CODE SECTION |
COMMERCIAL | ||
Neighborhood Commercial | C-1 | |
Community Commercial | C-2 | |
Industrial Commercial | C-3 | |
Highway Service Commercial | CH | |
INDUSTRIAL | ||
Business Park | MB | |
Limited Industrial | ML | |
Heavy Industrial | MH | |
PUBLIC | ||
Airport | AV | |
Public Facility (Urban) | PF1 | |
NATURAL HAZARD/FLOOD | ||
Design Floodway | DF | |
Flood Plain | FP | |
RESIDENTIAL | ||
Residential Suburban | RS | |
Residential One-Family | R-1 | |
Residential Two-Family | R-2 | |
Residential Multiple Family | R-3 | |
Apartment Professional | R-4 | |
Rural Residential Agricultural | RA | |
RESOURCE | ||
Agriculture Exclusive | AE | |
Agriculture General | AG | |
Forestry Recreation | FR | |
Timberland Production | TPZ | |
UNCLASSIFIED | ||
Unclassified | U | |
(Ord. 2742, § 4, 8/20/2024)
2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|
Principal Permitted Uses | |
Social halls, fraternal and social organizations, and clubs. | |
Professional and business offices, and commercial instruction. | |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. | |
Sales of used and secondhand goods when appurtenant to any of the foregoing. | |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) | |
Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. | |
Supportive housing is permitted above the ground floor as the primary use. | |
Emergency shelters. | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Commercial Residential. | |
Emergency dependent unit village. | |
Uses Permitted With a Special Permit | |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Supportive housing may be located on the ground floor with a special permit. | |
Uses Permitted With a Use Permit | |
Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured home parks. | |
Alternative lodge parks. | |
Small animal hospitals completely enclosed within a building. | |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. | |
Private institutions where specifically allowed by the General Plan. (Amended by Ord. 2161 on 3/3/98) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-1 Zone. | |
Other Regulations | |
Minimum Lot Area | 2,000 square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 Zone (RS, R-1, R-2, R-3, R-4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). (Ord. 1086, Sec. 7, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#314-37; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-2: COMMUNITY COMMERCIAL | |
|---|---|
Principal Permitted Uses | |
Social halls, fraternal and social organizations, and clubs. | |
Professional and business offices, and commercial instruction. | |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3)) | |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98) | |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. | |
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12) | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Commercial Residential. | |
Emergency dependent unit villages. | |
Uses Permitted With a Special Permit | |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) | |
Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Supportive housing may be located on the ground floor with a special permit. | |
Uses Permitted With a Use Permit | |
Hotels, motels, boarding and rooming houses, and manufactured home parks. | |
Small animal hospitals completely enclosed within a building. | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone. | |
Other Regulations | |
Minimum Lot Area | 2,000 square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 Zone (RS, R-1, R-2, R-3, R-4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Seventy-five feet (75'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-3: INDUSTRIAL COMMERCIAL | |
|---|---|
Use Type | Principal Permitted Use |
Commercial Use Types | Automotive Sales, Service and Repair Office and Professional Service Warehousing, Storage and Distribution |
Industrial Use Types | Cottage Industry Research/Light Industrial |
Residential Use Types | Emergency Shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
Supportive housing is permitted above the ground floor as the primary use. | |
Use Type | Uses Permitted With a Special Permit |
Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A, 12/16/03, Amended by Ord. 2335, 12/14/04) |
Supportive housing may be located on the ground floor with a special permit. | |
Use Type | Uses Permitted With a Use Permit |
Residential Use| Types | Tiny house villages and dependent unit villages. |
Civic Use Types | Community Assembly |
Commercial Use Types | Heavy Commercial Neighborhood Commercial Retail Sales Retail Service 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 C-3 Zone. |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Five feet (5'). |
Rear | Five feet (5'). |
Side | Five feet (5') or ten (10') feet on one side. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). |
Special Regulations | All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added by Ord. 1801, Sec. 1, 6/30/87) |
In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) | |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL |
|---|
Principal Permitted Uses |
Hotels and motels. |
Emergency dependent unit villages. |
Car washes. |
Nurseries and greenhouses. |
Amusement parks and commercial recreational facilities. |
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a)(1) |
Professional and business offices, and commercial instruction. (From Section INL#314-34(a)(2)) |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3)) |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98) |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#314-34(b)(3)) |
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone. |
Tiny house villages and dependent unit villages with connection to public water and wastewater. |
Commercial Residential. |
Uses Permitted With a Special Permit |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04) |
Single-room occupancy facilities which are conversions of existing buildings. |
Tiny house villages and dependent unit villages without connection to public water and wastewater. |
Uses Permitted With a Use Permit |
Small animal hospitals and kennels. |
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98) |
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses. |
Alternative lodge parks. |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone. |
CH: HIGHWAY SERVICE COMMERCIAL | |
|---|---|
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Fifteen feet (15'). |
Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twenty feet (20'). |
Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six (6) feet. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024)
3.1 MB: BUSINESS PARK ZONE
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
MB: BUSINESS PARK | |
|---|---|
Use Type | Principal Permitted Use |
Civic Use Types | Administrative |
Commercial Use Types | Office and Professional Service Warehousing, Storage and Distribution |
Industrial Use Types | Research/Light Industrial |
Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
Use Type | Uses Permitted With a Special Permit |
Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing Emergency Shelters |
Supportive housing may be located on the ground floor with a special permit. | |
Use Type | Uses Permitted With a Use Permit |
Commercial Use Types | Retail Sales Retail Service 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. |
Other Regulations | |
Minimum Lot Area | 10,000 square feet. |
Minimum Lot Width | Sixty feet (60'). |
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. |
Maximum Ground Coverage | Fifty percent (50%). |
Maximum Building Height | Fifty feet (50'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the non-nuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
ML: LIMITED INDUSTRIAL | |
|---|---|
Principal Permitted Uses | |
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Administrative, business and professional offices. (From Section INL#314-43(a)(2)) | |
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) | |
Emergency shelters. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Uses Permitted With a Use Permit | |
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04) | |
Animal hospitals and kennels. | |
Animal feed and sales yards. | |
Manufacture of furniture, finished paper and paper products. | |
Mini-storage. | |
Emergency dependent unit villages and alternative lodge parks. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). |
Minimum Lot Width | (None specified.) |
Minimum Yard Setbacks* | |
Front | Fifty feet (50'); |
Rear | Fifty feet (50'); |
Side | Ten percent (10%) of average-lot width but not less than twenty-five feet (25'). |
Maximum Ground Coverage | Twenty-five percent (25%). |
Maximum Building Height | Seventy-five feet (75'). |
Special Regulations | All manufacturing and fabricating areas shall be enclosed in buildings; and All equipment and materials storage areas adjacent to Residential (RS, R-1, R-2, R-3, R-4) Zones shall be screened by walls, fences or adequate plantings to a height of not less than six (6) feet; and Said fencing and screening shall conform to all yard requirements. |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
MH: HEAVY INDUSTRIAL | |
|---|---|
Principal Permitted Uses | |
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Administrative, business and professional offices. (From Section INL#314-43(a)(2)) | |
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) | |
Animal hospitals and kennels. (From Section INL#314-43(b)(2)) | |
Animal feed and sales yards. (From Section INL#314-43(b)(3)) | |
Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) | |
Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Uses Permitted With a Use Permit | |
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) | |
Emergency dependent unit villages and alternative lodge parks. | |
All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). (From Section INL#314-43(c)) |
Minimum Lot Width | (None specified.) (From Section INL#314-43(c)) |
Minimum Yard Setbacks* | |
Front | Fifty feet (50'); (From Section INL#314-43(c)) |
Rear | Fifty feet (50'); (From Section INL#314-43(c)) |
Side | Ten percent (10%) of average-lot width but not less than twenty-five feet (25'). (From Section INL#314-43(c)) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Seventy-five feet (75'). (From Section INL#314-43(c)) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024)
4.1 AV: AIRPORT ZONE
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
AV: AIRPORT | |
|---|---|
Principal Permitted Uses | |
Airports, heliports and landing strips for aircraft. | |
Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. | |
Sales and rental of aircraft and aviation supplies and equipment. | |
Uses Permitted With a Use Permit | |
Any other residential, agricultural, recreational, commercial or industrial use. | |
Manufactured homes. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AV Zone. | |
Other Regulations | |
Minimum Lot Area | (None specified.) |
Minimum Lot Width | (None specified.) |
Minimum Yard Setbacks* | |
Front | (None specified.) |
Rear | (None specified.) |
Side | (None specified.) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted only upon securing of a Use Permit. |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
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. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL)
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
PF2: PUBLIC FACILITY (RURAL) | |
|---|---|
Principal Permitted Uses | |
Essential services and minor utilities | |
Community assembly | |
Commercial and non-commercial recreation | |
Education and research | |
General Agriculture and Timber Production | |
Caretakers and other incidental residence | |
Uses Permitted With a Use Permit | |
Extensive impact civic uses, solid waste disposal. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF Zone. | |
Other Regulations | |
Minimum Lot Area | (None Specified) |
Minimum Lot Width | (None Specified) |
Minimum Yard Setbacks* | |
Front | (None Specified) |
Rear | (None Specified) |
Side | (None Specified) |
Maximum Ground Coverage | (None Specified) |
Maximum Building Height | 35' |
* Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|
Use Type | Principal Permitted Use |
Agricultural and Resource Use Types | General Agriculture Timber Production |
Civic Use Types | Public Recreation and Open Space Community Assembly |
Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation Boating Facilities |
Use Type | Conditionally Permitted Use |
Residential Use Types | Caretaker’s Residence |
Commercial Use Types | Temporary RV Park |
Civic Use Types | Administrative 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 |
Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining 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 PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019)
5.1 DF: DESIGN FLOODWAY ZONE
The Design Floodway or DF Zone is intended to be applied to areas which lie in a designated floodway, as defined in Section 8402 of the Water Code of the State of California, and such Design Floodway or DF Zone is intended to comply with Section 8410 of said Code. The Design Floodway or DF Zone is intended to prohibit such structures in the zone as might endanger life or significantly restrict the carrying capacity of the designated floodway. (Former Section INL#314-55; Ord. 542, Sections 9-12, 2/8/66)
DF: DESIGN FLOODWAY | |
|---|---|
Principal Permitted Uses | |
General agriculture, nurseries, animal sales and feed yards except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Recreational uses not requiring permanent structures. | |
Uses Permitted With a Use Permit | |
Permanent structures appurtenant to any Principal Permitted use in this Section. Principal Permitted Uses, which do not endanger life or significantly restrict the carrying capacity of the designated floodway. | |
Commercial and industrial uses not requiring permanent buildings which are compatible with permitted uses or with contiguous zones. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the DF Zone. | |
Other Regulations | |
Minimum Lot Area | Five acres (5a). (From Section INL#314-52(c)(3)) |
Minimum Lot Width | 300 feet. (From Section INL#314-52(c)(3)) |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). (From Section INL#314-52(c)(3)) |
Rear | Twenty feet (20'). (From Section INL#314-52(c)(3)) |
Side | Ten feet (10'). (From Section INL#314-52(c)(3)) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in title III, Division 3, Chapter 5 of the Humboldt County Code.
(Former Section INL#314-55(a)(1-2); INL#314-55(b)(1-2); INL#314-55(c); Ord. 1086, Sections 14 and 15, 7/13/76)
5.2 FP: FLOOD PLAIN ZONE
The Flood Plain or FP Zone is intended to be applied to areas which have been inundated by flood waters in the past and which may reasonably be expected to be inundated by flood waters in the future. The Flood Plain Zone is intended to limit the use of areas subject to such inunda-tion and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones. (Former Section INL#314-52; Ord. 1086, Sections 14 and 15, 7/13/76)
FP: FLOOD PLAIN | |
|---|---|
Principal Permitted Uses | |
General agriculture, nurseries and greenhouses, and animal sales and feed yards except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Temporary recreational vehicle parks. | |
Roadside stands. | |
Recreational uses, including public stables, docks, boat houses, golf courses, and shooting ranges. | |
Uses Permitted With a Use Permit | |
Residential uses including farm dwellings. | |
Commercial and industrial uses which, in the opinion of the Planning Commission, are compatible with contiguous zones. | |
Recreational uses requiring enclosed buildings. | |
Special occupancy parks. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the FP Zone. | |
Other Regulations | |
Minimum Lot Area | Five acres (5a). |
Minimum Lot Width | 300 feet. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Twenty feet (20'). |
Side | Ten feet (10'). |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in title III, Division 3, Chapter 5 of the Humboldt County Code.
(Former Section INL#314-52(a)(1-4); INL#314-52(b)(1-4); INL#314-52(c)(1-3); Amended by Ord. 1086, Sections 14 and 15, 7/13/76; Amended by Ord. 2166, Sec. 17, 4/7/98)
6.1 RS: RESIDENTIAL SUBURBAN ZONE
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
RS: RESIDENTIAL SUBURBAN | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings. | |
Accessory dwelling unit. | |
Servants’ quarters and guest houses. | |
Keeping of no more than eight (8) household pets on each lot. | |
Uses Permitted With a Use Permit | |
Private institutions. | |
Private recreation facilities, including golf courses. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RS Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). |
Minimum Lot Width | One hundred twenty-five feet (125'). |
Minimum Lot Depth | One hundred ten feet (110'). |
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')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except 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 Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
Principal Permitted Uses | |
One (1) family dwelling. | |
Accessory dwelling unit. | |
Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Rooming and boarding of not over two (2) persons not employed on the premises. | |
Keeping of no more than four (4) household pets on each lot. | |
Uses Permitted With a Use Permit | |
Guest houses and servants quarters. | |
Public and private noncommercial recreation facilities, including golf courses. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-1 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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 Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings. | |
Two (2) family dwellings. | |
Accessory dwelling unit. | |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Rooming and boarding of not more than two (2) persons not employed on the premises. | |
Keeping of no more than four (4) household pets for each dwelling unit. | |
Uses Permitted With a Use Permit | |
Guest houses and servants quarters. | |
Private institutions. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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 | Forty percent (40%). |
Maximum Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|
Principal Permitted Uses | |
Two (2) family dwellings. (Amended by Ord. 2166, 4/7/98) | |
Accessory dwelling unit. | |
Dwelling groups and multiple dwellings containing four (4) or fewer units per building. | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Emergency dependent unit villages. | |
Keeping of no more than two (2) household pets for each dwelling unit. | |
Emergency shelters. | |
Single-room occupancy facilities. | |
Uses Permitted With a Special Permit | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Uses Permitted With a Use Permit | |
Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended by Ord. 2335, 12/14/04) | |
Alternative lodge parks. | |
Private institutions. | |
Professional offices. | |
One (1) family dwellings and accessory dwelling units 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. (Added by Ord. 2166, Sec. 12, 4/7/98) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-3 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwelling unit. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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. |
Special yards for multiple dwellings on the same lot | The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214, 6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two (2) stories. |
Maximum Ground Coverage | Sixty percent (60%). |
Maximum Building Height | Forty-five feet (45'). |
Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s). (Added by Ord. 2313A, 12/16/03) |
Design Considerations (Advisory only) | The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project. (Added by Ord. 2313A, 12/16/03) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL |
|---|
Principal Permitted Uses |
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98) |
Tiny house villages and dependent unit villages with connection to public water and wastewater. |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
Professional and business offices. |
Commercial instruction. |
Boarding and rooming houses. |
Keeping of no more than two (2) household pets for each dwelling unit. |
Manufactured home parks. |
Single-room occupancy facilities. |
Uses Permitted With a Special Permit |
Tiny house villages and dependent unit villages without connection to public water and wastewater. |
Uses Permitted With a Use Permit |
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04) |
Alternative lodge parks. |
Private institutions. |
Social halls and fraternal and social organizations. |
Noncommercial recreation facilities. |
Mortuaries. |
Small animal hospitals completely enclosed within a building. |
One (1) family dwellings 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. (Added by Ord. 2166, Sec. 13, 4/7/98) |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone. |
R-4: APARTMENT PROFESSIONAL | |
|---|---|
Other Regulations | |
Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwelling unit. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Ten (10) feet. |
Interior Side | Five (5) feet. |
Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet 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. |
Special yards for multiple dwellings on the same lot | The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214, 6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two (2) stories. |
Maximum Ground Coverage | Sixty percent (60%). |
Maximum Building Height | Forty-five feet (45'). |
Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s). (Added by Ord. 2313A, 12/16/03) |
Design Considerations (Advisory Only) | The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project. (Added by Ord. 2313A, 12/16/03) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 2167, Sec. 16, 4/7/98) |
Civic Use Types | Minor Utilities |
Agricultural Use Types | General Agriculture |
Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended by Ord. 2167, Sec. 16, 4/7/98) |
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 |
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. |
314-6.6 | 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 acre | 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 | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended by Ord. 2167, Sec. 16, 4/7/98) | |
Minimum Yard Setbacks* | Minimum Lot Size Less Than 2.5 Acres | Minimum Lot Size 2.5 Acres or Greater |
Front | Twenty (20) feet | Twenty (20) feet; thirty (30) feet for flag lots |
Rear | Ten (10) feet | Thirty (30) feet |
Interior Side | Five (5) feet | Thirty (30) feet |
Exterior Side | Twenty (20) feet | Thirty (30) feet |
Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for vehicular turnaround on the lot. | The Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for vehicular turnaround on the lot. |
Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
Maximum Ground Coverage | Thirty-five percent (35%) | |
Maximum Structure Height | Thirty-five (35) feet | |
Permitted Main Building Types | Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group | |
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024)
7.1 AE: AGRICULTURE EXCLUSIVE ZONE
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
AE: AGRICULTURE EXCLUSIVE | |
|---|---|
Principal Permitted Uses | |
All general agricultural uses, including accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
Timber production. | |
Single-family residence. | |
Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended by Ord. 1949, Sec. 1, 12/4/91; Amended by Ord. 2189, Sec. 1, 2/9/99) | |
Manufactured homes. | |
Uses Permitted With a Use Permit | |
Hog farms, turkey farms, frog farms and fur farms. | |
Aquaculture. | |
Animal feed yards and sales yards. | |
Agricultural and timber products processing plants. | |
Agriculture-related recreation, resource-related recreation. | |
Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of the principal use. | |
Public recreation and public access facilities. | |
Rental and sales of irrigation equipment and storage incidental thereto. | |
Animal hospitals. | |
Stables and kennels. | |
Farm employee housing, labor camps and labor supply camps (Table 4-G). | |
Fish and wildlife habitat management, watershed management, wetland restoration. | |
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. | |
Metallic mining, surface mining. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. | |
Other Regulations | |
No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessory structures. |
Agricultural Land Conversion | Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the amount of the financial contribution, shall be established by ordinance. |
Conversion of Prime Agricultural Land | Development on agriculture exclusive or AE Zone land shall be designed to the maximum extent feasible to minimize the placement of buildings, impermeable surfaces or nonagricultural uses on land as defined in Government Code Section 51201(c)(1) through (c)(5) as prime agricultural lands. Except for the construction of the primary single-family residence or a second residence within the same contiguous two (2) acre building envelope containing the existing primary residence, prime agricultural land shall not be converted without provisions for mitigation offsets, as specified in the “no net loss” agricultural lands policy above. |
Minimum Lot Area | Sixty (60) acres. Exceptions to the minimum parcel size for the purpose of historic preservation may be approved, where the following findings are made: A. The site or structure qualifies and is included on a local, State or Federal historic registry; and B. The viability of continued agricultural operations is not inhibited; and C. No additional density beyond what would be permitted as part of the existing agricultural operations is created. |
Minimum Lot Width | One hundred (100) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Thirty (30) feet; |
Rear | Twenty (20) feet; |
Side | Ten percent (10%) of the lot width on each side but not more than twenty (20) feet shall be required. |
Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Two (2) acres maximum. |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#314-18 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.2 | AG: AGRICULTURE GENERAL |
|---|---|
Principal Permitted Uses | |
General agriculture, including accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
One (1) family dwellings and farm dwellings, accessory dwelling units. | |
Rooming and boarding of not more than two (2) persons not employed on the premises. | |
Manufactured homes. | |
Uses Permitted With a Use Permit | |
Guest houses, servants’ quarters, labor camps and labor supply camps. | |
Hog farms, turkey farms, frog farms and fur farms. | |
Animal feed lots and sales yards. | |
Agricultural and timber products processing plants. | |
Rental and sales of irrigation equipment and storage incidental thereto. | |
Animal hospitals and kennels. | |
Golf courses. (Amended by Ord. 2189, Sec. 1, 2/9/99) | |
Private institutions and cemeteries. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AG Zone. | |
Other Regulations | |
Minimum Lot Area | Two and one-half (2 ½) acres. |
Minimum Lot Width | Sixty (60) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet; |
Rear | Twenty (20) feet; |
Side | Six (6) feet. |
Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Thirty-five percent (35%). |
Maximum Building Height | Thirty-five (35) feet. (Ord. 1086, Sec. 6, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
FR: FORESTRY RECREATION | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings and farm dwellings. | |
Accessory dwelling units. | |
General agriculture, nurseries and greenhouses, and roadside stands. | |
Public and private noncommercial recreational uses, including golf courses and public stables. | |
Social halls, fraternal and social organizations, and clubs. | |
Manufactured homes. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities. | |
Uses Permitted With a Use Permit | |
Hotels, motels, special occupancy parks and manufactured home parks. (Amended by Ord. 2166, Sec. 10, 4/7/98) | |
Two (2) family and multiple dwellings. | |
Restaurants, food markets and automobile service stations, and commercial recreational facilities. | |
Agricultural and timber products processing plants. | |
Private institutions and cemeteries. | |
Hog farms, turkey farms, frog farms and fur farms. | |
Animal hospitals and kennels. | |
Wrecking and salvage yards. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the FR Zone. | |
Other Regulations | |
Minimum Lot Area | One (1) acre. |
Minimum Lot Width | Two hundred (200) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Twenty (20) feet. |
Side | Ten (10) feet. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Thirty-five (35) feet. (Ord. 1086, Sec. 4, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
TPZ: TIMBERLAND PRODUCTION | |
|---|---|
Principal Permitted Uses | |
Growing and harvesting of timber and accessory uses compatible thereto. | |
Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
Principal Permitted Uses Compatible with Timber Production | |
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) | |
Management for watershed and wetland restoration. | |
Management for fish and wildlife habitat. | |
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers and portable sawmills are considered a part of “processing”). | |
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. | |
Grazing and other agricultural uses. | |
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6, Special Restrictions Regarding Residences. | |
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations. | |
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90) | |
Uses Permitted With a Use Permit | |
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98) | |
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill. | |
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19) | |
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19) | |
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19) | |
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98) | |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. | |
7.4.1 Other TPZ Regulations.
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences.
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
Principal Permitted Uses | |
Growing and harvesting of timber and accessory uses compatible thereto. | |
Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). | |
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6, Special Restrictions Regarding Residences. | |
Management for watershed and wetland restoration. | |
Management for fish and wildlife habitat. | |
A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers and portable sawmills are considered a part of “processing”). | |
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. | |
Grazing and other agricultural uses. | |
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations. | |
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. | |
Cottage industry, subject to cottage industry regulations. | |
Uses Permitted With a Use Permit | |
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill. | |
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. | |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. | |
Public recreation and public access facilities. | |
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. | |
Oil and gas drilling and processing, metallic mining, surface mining. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone. | |
Other Regulations | |
Minimum Lot Area | Forty (40) acres. |
Minimum Lot Width | One hundred (100) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Thirty (30) feet; |
Rear | Twenty (20) feet; |
Side | Ten percent (10%) of the lot width on each side but not more than twenty (20) feet shall be required. |
Outbuildings | Outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Thirty-five percent (35%). |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations.
7.6.1.1 Jurisdiction.
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions.
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022)
8.1 U: UNCLASSIFIED ZONE
As provided in this Code, all of the unincorporated area of the County not otherwise zoned is designated as the Unclassified or U Zone. This area has not been sufficiently studied to justify precise zoning classifications. The following Code sections have been adopted to protect the health, safety and general welfare of the citizens and to insure orderly development in conformance with the General Plan. (Former Section INL#314-2(a); Ord. 894, Sec. 1, 12/19/72)
U: UNCLASSIFIED ZONE | |
|---|---|
Principal Permitted Uses | |
One (1) family dwelling. | |
Accessory dwelling unit. | |
General agriculture. | |
Rooming, and boarding of not more than two (2) persons. | |
Manufactured home. | |
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater. | |
Uses Permitted With a Special Permit | |
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, without connection to public water and wastewater. | |
Uses Permitted With a Use Permit | |
Emergency dependent unit villages and alternative lodge parks with a land use designation of Residential-Medium (RM), Commercial General (CG) or Commercial Services (CS). | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater. | |
All other uses not specified in the subsection, Principal Permitted Uses, may be permitted upon the granting of a Use Permit. | |
Other Regulations for All Permitted Uses | |
Minimum Lot Area | Six thousand (6,000) square feet. |
Minimum Lot Width | Fifty (50) feet. |
Maximum Lot Depth | Three (3) times the width. |
Minimum Lot Depth | One hundred (100) feet. |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Ten (10) feet. |
Side | Five (5) feet. |
Minimum Distance Between Major Buildings | Twenty (20) feet. |
Maximum Ground Coverage | Forty percent (40%). |
Maximum Building Height | (None specified.) |
Other Regulations for Uses Permitted With a Use Permit | |
The building height, site area, setbacks and other requirements for all other uses shall be as required by the Planning Commission in the granting of a Use Permit. | |
(Former Sections INL#314-2(b)(1-4); INL#314-2(c); INL#314-3(a)(1-4); INL#314-3(b)) (Ord. 2678, § 6, 7/13/2021; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
9.1 MU1: MIXED USE (URBAN)
The purpose of the Mixed Use (Urban) or MU1 Zone is to provide for pedestrian-oriented, mixed use development (commercial, office, and higher density residential). The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
314-9.1 | MU1: MIXED USE (URBAN) |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Two (2) Family Dwellings and Multiple Dwellings and Dwelling Groups Single-Family Residential Accessory Dwelling Unit Tiny House Villages and Dependent Unit Villages With Connection to Public Water and Wastewater Emergency Dependent Unit Villages Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House Emergency Shelter |
Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Transient Habitation Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
Use Type | Special Permitted Use |
Residential Use Types | Tiny House Villages and Dependent Unit Villages Without Connection to Public Water and Wastewater |
Use Type | Conditionally Permitted Use |
Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
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 MU Zone. |
Development Standards | |
Minimum Lot Area | Two thousand (2,000) square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a residential zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such residential zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 zone (RS, R-1, R-2, R-3, R-4) or agricultural zone (AE, AG) shall be not less than the front yard required in such residential zone or agricultural zone. |
Maximum Ground Coverage | One hundred percent (100%). |
Maximum Structure Height | Seventy-five feet (75'). |
9.1.1 Other MU1 – Mixed Use (Urban) Regulations.
9.1.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.1.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.1.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.1.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.1.1.2.1All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
9.1.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted.
9.1.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.1.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses and Joint Use, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop and connection With appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
9.1.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.1.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.1.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.1.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.1.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.1.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.1.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.1.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards.
9.2 MU2: MIXED USE (RURAL)
The purpose of the Mixed Use (Rural) or MU2 Zone is to provide for small-scale mixed use development (commercial, office, and residential) for smaller population bases. The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
314-9.2 | MU2: MIXED USE (RURAL) |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Two (2) Family Dwellings Single-Family Residential Accessory Dwelling Unit Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House Emergency Shelter |
Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
Agricultural Use Types | General Agriculture |
Use Type | Conditionally Permitted Use |
Residential Use Types | Multiple Dwellings Containing Four (4) or Fewer Units per Building Manufactured Home Parks Tiny House Villages Dependent Unit Villages Emergency Dependent Unit Villages Alternative Lodge Parks |
Commercial Use Types | Heavy Commercial Transient Habitation |
Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
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 MU Zone. |
Development Standards | |
Minimum Lot Area | Five thousand (5,000) square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Fifteen feet (15'). |
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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Maximum Ground Coverage | Fifty percent (50%). |
Maximum Building Height | Fifty feet (50'). |
9.2.1 Other MU2 – Mixed Use (Rural) Regulations.
9.2.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.2.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.2.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.2.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.2.1.2.1All lighting shall be designed and located so as to confine direct lighting to the premises;
9.2.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted; and
9.2.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.2.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts.
9.2.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.2.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.2.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.2.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.2.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.2.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.2.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.2.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards. (Ord. 2635, § 6, 8/27/2019; Ord. 2693, § 8, 6/7/2022; Ord. 2721, § 8, 7/11/2023; Ord. 2732, § 8, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
42.1 APPLICABILITY
Each and every zone shall be subject to the provisions of this chapter in addition to the requirements and regulations set out in each of the zone regulations. (Former Section INL#316-1, Ord. 519, Sec. 601, 5/11/65)
43.1 ACCESSORY USES
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses.
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314-69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
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. (Former 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; Amended by Ord. 2214, 6/6/00)
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. (Former 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. (Former 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. (Former 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. (Former 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 if the activity was not a nuisance when it began. (Former 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. (Former 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 the Humboldt County Community Development Services Department. 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.”
(Former 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 subsection 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 43.2.4.2 shall be signed by the purchaser or lessee. (Former 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 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former 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 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 may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former 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. (Former 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. (Former 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. (Former 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. (Former 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 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 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. (Former 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: (Former 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
Reference: AP No._________; and/or File No. & Application No.:_________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). 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 314-43.2, 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 314-43.2:
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 Humboldt County Community Development Services Department. 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 314-43.2 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 (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R-1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 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 INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
ANIMAL DENSITY TABLE | ||
|---|---|---|
ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
Large domestic bovine and equine animals | One (1) acre | Two (2) animals plus one (1) 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 (1) 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 (1) animal for each additional five hundred (500) square feet of lot area |
Household pets limited to dogs and cats(d) | No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo 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.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
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. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
ANIMAL ENCLOSURE SETBACKS 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 |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
44.1 REPEALED BY ORD. 2732, § 9, 3/5/2024
(Ord. 2732, § 9, 3/5/2024)
45.1 COTTAGE INDUSTRY
45.1.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in Humboldt County.(Former Section INL#316.3-1; Added by Ord. 1737, Sec. 2, 5/20/86)
45.1.2 Applicability.
45.1.2.1Notwithstanding any other provisions of this Code to the contrary, Cottage Industries, as defined in this Code, that meet all the criteria of the following Performance Standards section, shall be permitted as appurtenant and accessory uses to a principally permitted residential use in any FR, TPZ, AE, AG, RS, R-1 or U zone district. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86, Amended by Ord. 2166, 4/7/98)
45.1.2.2Cottage Industries that do not meet all the criteria of the following Performance Standards section, may be permitted as an accessory use with a Special Permit subject to the provisions of this chapter, in any of the following zoning districts: FR, TPZ, AE, AG, RS, R-1 and U. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.3 Performance Standards for Cottage Industries Permitted As Appurtenant and Accessory Uses. Cottage industries allowed as principally permitted appurtenant and accessory uses to existing residential uses shall comply with all the following performance standards: (Former Section INL#316.3-3; Amended by Ord. 2166, 4/7/98)
45.1.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section INL#316.3-3(a); Amended by Ord. 2166, 4/7/98)
45.1.3.2The dwelling on the site shall be occupied by the owner of the cottage industry; and (Former Section INL#316.3-3(b); Amended by Ord. 2166, 4/7/98)
45.1.3.3The cottage industry shall occupy no more than twenty-five percent (25%) or 1,000 square feet (whichever is less) of the floor area of the dwelling or accessory structure in which the cottage industry is located; and (Former Section INL#316.3-3(c); Amended by Ord. 2166, 4/7/98)
45.1.3.4The 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 INL#316.3-3(d); Amended by Ord. 2166, 4/7/98)
45.1.3.5There 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 INL#316.3-3(e); Amended by Ord. 2166, 4/7/98)
45.1.3.6No persons other than residents of the dwelling shall be employed to conduct the cottage industry; and (Former Section INL#316.3-3(f); Amended by Ord. 2166, 4/7/98)
45.1.3.7There shall be no sale of merchandise on the premises; and (Former Section INL#316.3-3(g); Amended by Ord. 2166, 4/7/98)
45.1.3.8All 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 INL#316.3-3(h); Amended by Ord. 2166, 4/7/98)
45.1.3.9All lights shall be directed on site and shielded to reduce glare to adjacent areas; and (Former Section INL#316.3-3(i); Amended by Ord. 2166, 4/7/98)
45.1.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section INL#316.3-3(j); Amended by Ord. 2166, 4/7/98)
45.1.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section INL#316.3-3(k); Amended by Ord. 2166, 4/7/98)
45.1.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section INL#316.3-3(l); Amended by Ord. 2166, 4/7/98)
45.1.3.13All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section INL#316.3-3(m); Amended by Ord. 2166, 4/7/98)
45.1.3.14Hours of operation shall be 9 AM to 5 PM Monday through Friday. (Former Section INL#316.3-3(n); Amended by Ord. 2166, 4/7/98)
45.1.3.15One sign is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is non-flashing. (Former Section INL#316.3-3(o); Amended by Ord. 2166, 4/7/98)
45.1.3.16The total land area occupied by the cottage industry and the principal use including portions of the lot occupied by buildings, storage areas and work places devoted to the cottage industry shall not exceed two (2) acres or the maximum coverage allowed in the zone district, whichever is less. (Former Section INL#316.3-3(p); Amended by Ord. 2166, 4/7/98)
45.1.3.17A business license shall be approved for the Cottage Industry. (Former Section INL#316.3-3(q); Amended by Ord. 2166, 4/7/98)
45.1.4 Modification of Performance Standards for Cottage Industries Allowed With a Special Permit. With a Special Permit, the Hearing Officer may modify the performance standards in subsections 314-45.1.3.3, 45.1.3.5, 45.1.3.6, 45.1.3.7, 45.1.3.10, 45.1.3.13, 45.1.3.14, 45.1.3.15 and 45.1.3.16. (Former Section INL#316.3-4, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.5 Auto Repair as a Cottage Industry.
45.1.5.1 Applicability. With a Use Permit, auto repair as a cottage industry may be permitted in the TPZ, AE, AG and FR Zones when located outside Community Planning Areas, or when specifically authorized by the Community Plan and located outside Urban Expansion Areas. (Former Section INL#316.3-6(a)(1))
45.1.5.2 Performance Standards.
45.1.5.2.1All activities shall be conducted in an enclosed building. (Former Section INL#316.3-7(b)(1))
45.1.5.2.2The number of vehicles that may be parked on the premises at any time shall be determined by the Hearing Officer. All vehicles may be required to be kept behind an enclosed fenced area. (Former Section INL#316.3-6(b)(2))
45.1.5.2.3There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building. Fencing or screening may be required. (Former Section INL#316.3-6(b)(3))
45.1.5.2.4The applicant shall maintain a service agreement with a competent waste handler chosen from a list provided by the Hazardous Waste Management Section of the State Department of Health Services, for the periodic removal and recycling of all batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the County Health Department. (Former Section INL#316.3-6(b)(4); Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 1842, Sec. 14, 8/16/88)
46.1 DAY SHELTERS
46.1.1 Purpose. The purpose of these regulations is to allow and facilitate development of day shelters, which are emergency shelters that provide services to people experiencing homelessness but do not provide overnight accommodations. Day shelters must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
46.1.2 Applicability. Day shelters as defined in this Code, that meet all of the following requirements, are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts except as otherwise specified.
46.1.3 Site Requirements.
46.1.3.1Day shelters must have on-site staff through a provider.
46.1.3.2Exterior lighting must be directed in a manner that does not cast light into neighboring properties and public rights-of-way.
46.1.3.3Common facilities may be provided for clients, including but not limited to cooking and dining, recreation, counseling, child care, and other support services.
46.1.4 Day Shelter Provider. The shelter must be operated by a provider who monitors compliance with its written management plan that specifies the hours of operation and describes the services provided.
46.1.4.1Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices. (Ord. 2719, § 2, 7/11/2023)
47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and City-owned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2* EMERGENCY SHELTERS
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314-140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards.
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
* Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
(Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023)
50.1 HOME OCCUPATIONS AND ADDRESSES OF CONVENIENCE
50.1.1 Home Occupations Permitted. A permit is required to carry out a home occupation. Home occupations, as defined in this Code, shall be permitted as appurtenant and accessory uses to any residential use. An application for a home occupation permit shall be accompanied by an application fee in the amount as established by resolution of the Board of Supervisors. (Former Section INL#316-8(a); Ord. 519, Sec. 608, 5/11/65; Amended by Ord. 1280 Sec. 1, 10/10/78)
50.1.2 Home Occupation Requirements. A Home Occupation is any use which, as determined by the Planning Commission, is entirely carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling and which:
50.1.2.1Is confined completely within the dwelling and occupies not more than twenty-five per cent (25%) of the gross area of one floor thereof; and (Former Section INL#312-34(a); Ord. 519, Sec. 233, 5/11/65)
50.1.2.2Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the occupation; and (Former Section INL#312-34(b); Ord. 519, Sec. 233, 5/11/65)
50.1.2.3Is carried on by the members of the family occupying the dwelling, with no other person employed; and (Former Section INL#312-34(c); Ord. 519, Sec. 233, 5/11/65)
50.1.2.4Produces no 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 INL#312-34(d); Ord. 519, Sec. 233, 5/11/65)
50.1.2.5Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which located; and (Former Section INL#312-34(e); Ord. 519, Sec. 233, 5/11/65)
50.1.2.6Meets the requirements of the Chief Building Inspector and fire district of jurisdiction; and (Former Section INL#312-34(f); Ord. 519, Sec. 233, 5/11/65)
50.1.2.7Requires no addition or extensions to, or structural electrical or plumbing alterations in the dwelling; and (Former Section INL#312-34(g); Ord. 519, Sec. 233, 5/11/65)
50.1.2.8Hospitals, sanitariums, antique shops, eating establishments, bakeries, barber shops, beauty shops and animal hospitals shall not be deemed to be home occupations, and (Former Section INL#312-34(h); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9The home occupation involves no equipment other than that customarily used in dwellings, except that with a Special Permit, the Hearing Officer may, in particular cases, modify the provisions of subsections 50.1.2.3. and 50.1.2.7 for locations outside community planning areas if the following findings are made: (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.1No more than one other non-resident of the dwelling may be employed in the conduct of the home occupation; and (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.2Interior and exterior physical alterations to the residence must retain the residential character of the structure. (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.3 Address of Convenience. A permit is required for an address of convenience. Due to the low potential for significant impacts on the neighborhood, an Address of Convenience as defined by this Code, may be approved without the analysis and review required of other home occupations. (Former Section INL#316-8(b); Added by Ord. 1848, Sec. 16, 9/13/88)
54.1 LOW BARRIER NAVIGATION CENTERS
54.1.1 Purpose. These regulations are intended to facilitate development of low barrier navigation centers as set forth in California Government Code Sections 65660 to 65663. A low barrier navigation center is a Housing First, service-enriched shelter that provides temporary living facilities for individuals experiencing homelessness, where case managers connect clients to income, public benefits, health services, shelter, and housing with the intent to move people toward permanent housing. Low barrier navigation centers must be operated by a government agency, religious institution, or nonprofit organization. “Low barrier” means using best practices to reduce barriers to entry, including but not limited to the following:
54.1.1.1The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
54.1.1.2Pets.
54.1.1.3The storage of possessions.
54.1.1.4Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.
54.1.2 Applicability. A low barrier navigation center as defined in this Code is principally permitted in C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts; provided, that it meets the following requirements:
54.1.2.1It offers services to connect people to permanent housing through a provider’s services plan that identifies services staffing.
54.1.2.2It is linked to a coordinated entry system, so that staff in the center or staff who co-locate in the center may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
54.1.2.3It complies with Housing First, Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
54.1.2.4It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
54.1.2.5No individual or household shall be denied housing and shelter because of inability to pay.
54.1.3 Development Standards.
54.1.3.1 Lighting. Adequate external lighting must be provided. The lighting shall be stationary, and directed away from adjacent properties and public rights-of-way.
54.1.3.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with Housing First practices.
54.1.3.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
54.1.3.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
54.1.3.5 Service Provider. The agency or organization operating the navigation center must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
54.1.3.6 Maximum Unit Density. Low barrier navigation centers located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the density standard of the General Plan, but the number of beds is limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
54.1.3.7 Proximity to Other Shelters. Principally permitted low barrier navigation centers may not be located within three hundred (300) feet of each other, or within three hundred (300) feet of any emergency shelter.
54.1.3.8 Exceptions. Exceptions to each of the development standards in Sections 54.1.3.1 through 54.1.3.7 may be allowed with a special permit. (Ord. 2719, § 4, 7/11/2023)
55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana 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 primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three 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; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana 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 medical marijuana 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 residential cultivation of medical marijuana 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 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 marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 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 constructed 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 the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana 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, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
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.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet 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 medical marijuana cultivation for personal use, which does not exceed 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 fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana 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 residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana 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 medical marijuana 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 residence, no odor of medical marijuana 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 residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana 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 non-cultivation 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 medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana 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 medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana 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 medical marijuana 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 residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana 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 medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana 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 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana 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 primary needs: the needs of patients and their caregivers to have access to medical marijuana; 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 medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three 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; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana 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 medical marijuana on parcels five (5) acres or less in size 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 activities on parcels five (5) acres or less in size, 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 any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 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 constructed 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 the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana 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 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
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.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
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.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’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.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
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 Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana 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 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use 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, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur 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 may occur within 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 medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one 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” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
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 residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana 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 medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana 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 medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; 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, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review.
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs.
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting.
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
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 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 medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
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 medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation.
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical 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.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical 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, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical 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.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All 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. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
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 medical 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 medical 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 medical 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.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining 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 the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, 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 medical 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 medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 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 for any proposed medical cannabis Dispensary within 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 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical 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 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical 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 application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is 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 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 secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient 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 medical 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 medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, 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 conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical 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. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis 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 medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; 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 the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical 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
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 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 medical cannabis; and
55.3.11.10All medical 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
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis 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
55.3.11.15Medical cannabis Dispensaries 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 or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance 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.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical 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. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland 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, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
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 Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene 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 outside of 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. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
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 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 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, 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.
55.4.3.6 Wherever 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.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the 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, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No 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, or use permit required under this section.
55.4.3.13 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 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 Division 2 of this title.
“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 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.
“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 aboveground 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 to 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.
“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 water body. 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.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“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 water body 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 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 water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“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 outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“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 group 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, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“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 service 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 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 314-55.3.
“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 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“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 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 ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“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 nontribal members.
“Water body” 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. “Water body” 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.
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
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): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. 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 community planning areas (CPAs) identified herein. 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 314-55.4.5.1.4.1 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, or use permit for commercial cannabis activity, 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 this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue 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;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 314-55.4.6.1.2.3.
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 clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire 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. 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 time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special 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.
55.4.5.8.2 The 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 shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On 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; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions 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.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
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 zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
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.
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. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water 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 314-55.4.12.1.8.
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.
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.
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. 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. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks.
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line.
55.4.6.4.4.1.2 Residences 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.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, 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.
55.4.6.4.4.1.4 Tribal 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. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. 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 surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
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 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within 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 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 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 this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing 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.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation 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. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites.
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within 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 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements 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.
55.4.6.5.1.2.5The 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.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In 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, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. 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.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use 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:
55.4.6.5.6.2.1Keeping 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.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing 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.
55.4.6.5.7 Provisional Permitting. An application for 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 no more than two (2) years after the 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 then 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.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 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:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE 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 314-55.4.12, 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.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special 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 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 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 special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. 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. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, 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. 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 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 activities, 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 and cannabis waste products, imported soil and soil amendments not incorporated into native soil, generators, pumps, and structures not associated with 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 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, 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.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
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) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
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. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, off-site processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 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
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. 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 314-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314-55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 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 sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. 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 314-55.4.6.4.4.1.3, 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 in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 314-55.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An 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 principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion.
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 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 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All 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 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, 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. 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. 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.
55.4.10.5 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 use permit as required by Section 314-62.1, 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 (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 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: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) 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.
55.4.10.7 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. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The 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. 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.
55.4.10.8 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 as specified in Section 314-60.05 (“Short-Term Rentals”).
55.4.10.9 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.
55.4.10.10 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.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: 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, tribal cultural resources, 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 preexisting 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.
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). 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.
55.4.12.1 Performance Standards for All Commercial Cannabis 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.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain 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.
55.4.12.1.3 Where 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.
55.4.12.1.5 Consent 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 – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply 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:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or 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 center-line 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 the 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).
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,” which was 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 nonpoint 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 storm water 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.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
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 |
3.4-5 | Waters of the United States |
3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, 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 participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. 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 contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
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 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed 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 pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water 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 Management of Waste and Hazardous Materials.
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: 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.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan 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.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include 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 Inadvertent Discovery of Archaeological and Paleontological Resources.
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), shall 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 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:
55.4.12.2.1 All 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.
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.
55.4.12.2.4 All 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.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All 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.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
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 so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any 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 314-55.4.5.3.
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:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid 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 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. Noise from cultivation and related activities shall not result in an increase of more than three 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 or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where 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.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details 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. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All 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 and will be used to assist in identifying and establishing an appropriate forbearance period. 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, 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.
55.4.12.7.2 Forbearance Period and Storage Requirements.
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping.
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a 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:
55.4.12.8.1 Ponds and Reservoirs.
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To 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.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All 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 time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting 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.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited 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. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) 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. These tests shall be 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.
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 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 be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance 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.
All relocated road segments must be fully decommissioned and restored to pre-disturbance 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.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
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).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations.
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 314-55.4.6.1.1 (AE, AG, FR, and U), 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 314-55.4.12.1.8.5. 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.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All 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).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways.
55.4.12.14.2.5.1 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.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All 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.
55.4.12.14.2.5.2.2Driveways 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.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The 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.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking.
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites 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.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour 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.
55.4.12.15.1.3Travel 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.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to 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. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
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.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification 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 314-43.2, 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 Inland 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.
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 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. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
314-56.5 COMMERCIAL RESIDENTIAL DEVELOPMENT
56.5.1 Purpose. The purpose of these regulations is to allow dwellings and mixed-use development within commercial and limited industrial areas to encourage housing development and infill.
56.5.2 Applicability. These regulations shall apply in Neighborhood Commercial (C-1), Community Commercial (C-2), Industrial Commercial (C-3), Highway Service Commercial (CH), and Business Park (MB) where the property is served by public water and sewer service including service from a Community Services District. In these Zones not served by public water and sewer a Special Permit is required.
56.5.3 Development Standards for Commercial Residential.
56.5.3.1 Site Eligibility. Commercial residential cannot be on a site or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
56.5.3.2 Density. The maximum residential density shall be thirty (30) dwelling units per acre. If only residential use is proposed on a vacant lot, there shall be a minimum residential density of fifteen (15) dwelling units per acre.
56.5.3.2.1 Density Bonus. Density may exceed the maximum of thirty (30) dwelling units per acre if the affordability provisions are met. Eligibility criteria for Density Bonus is codified in Section 314-112.1.
56.5.3.3 Parking. With approval of an administrative permit, a commercial residential project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop with a clear path of travel and connection with appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
56.5.3.3.1 Exceptions to Parking Standards. Parking standards for new residential units allowed as a commercial residential development shall not apply if the commercial residential development is located within one-half (1/2) mile walking distance of public transit with a clear path of travel and connection with appropriate pedestrian and bicycle facilities.
56.5.3.4 Existing Commercial Use. Conversion of existing commercial space into residential space shall not result in the eviction of existing businesses, except for housing developments allowed by right pursuant to Government Code Section 65852.24 which shall comply with Government Code Section 65852.24(c).
56.5.3.5 No Short-Term Rentals. Rental of any unit created pursuant to this section shall be for a term longer than thirty (30) days. (Ord. 2747, § 2, 10/1/2024)
58.1 PUBLIC USES
Public uses as defined in this Code, shall be permitted in any zone without the necessity of first obtaining a Use Permit. However, the locations of proposed public uses shall be submitted to the Planning Commission for recommendation at least thirty (30) days prior to the acquisition of sites or rights-of-way for the public use. (Former Section INL#316-14; Ord. 519 Sec. 614, 5/11/65)
59.1 REMOVAL OF NATURAL MATERIALS
Surface removal of minerals and natural materials, including building and construction materials to be used for commercial purposes, shall be allowed in any zone with a use permit. A discretionary (special or conditional use) permit is not required for onsite excavation and removal of material for normal construction of buildings, structures or underground facilities, or where such removal is primarily for grading and land leveling, except where the activity is subject to the Streamside Management Area Ordinance, Section 314-61.1. (Ord. 519, § 617, 5/11/1965; Ord. 2275, § E, 5/28/2002)
60.05 SHORT-TERM RENTALS
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 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:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit 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.
60.05.4.4Evidence 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.
60.05.4.4.1Where 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.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 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 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 314-60.05.10.2.1, 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.
60.05.6 Permit Requirements.
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 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.
60.05.7 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:
60.05.7.1The 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
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section 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.
60.05.9 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.
60.05.9.1 Standards for Home-Share Rentals.
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire 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.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 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.
60.05.9.1.2.3 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:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 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.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 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.
60.05.10.1.2 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.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 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.
60.05.10.1.4.1AOB 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.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. 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 Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not 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.
60.05.10.2.1.3In 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) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays except as follows:
60.05.10.2.4.1In Agriculture General Zones, on parcels less than two and one-half (2.5) acres, short-term rentals shall be as allowed consistent with these provisions; and
60.05.10.2.4.2In Agriculture General Zones on parcels between two and one-half (2.5) and ten (10) acres, short-term rentals may be considered with a Special Permit; and
60.05.10.2.4.3In Agriculture General Zones, on parcels less than five (5) acres, homeshares shall be as allowed consistent with these provisions.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire 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.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall operate at a function equivalent of a Category 3 road.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 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:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 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 314-60.05.10.6.1 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 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:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre.
60.05.10.6.2.1.1Short-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
60.05.10.6.2.1.2There 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.
60.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre.
60.05.10.6.2.2.1Short-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).
60.05.10.6.2.3 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.
60.05.10.6.2.4 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.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE-ROOM OCCUPANCY STRUCTURES AND FACILITIES
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single-Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities.
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four (4) square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management.
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units.
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet.
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024; Ord. 2756, § 2, 3/11/2025)
61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites:
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village model management plan (defined in Section 314-61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 312-5 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types.
61.05.4.1 Safe Parking Sites.
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites.
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twenty-four/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred (200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures.
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities.
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions |
Section II Introduction, Background, and Project Understanding |
Section III Methods |
A. Field Observation and Studies |
B. Trustee and Other Agency Consultation |
C. Document and Report Review |
D. Cumulative Biological and Watershed Effects |
Section IV Results and Discussion |
A. Existing Site Conditions |
1. Terrestrial |
2. Hydrologic and Aquatic |
3. Sensitive Species or Habitats |
B. Offsite Conditions |
1. Terrestrial |
2. Hydrologic and Aquatic |
3. Sensitive Species or Habitats |
C. Development Effects |
1. Direct |
2. Indirect |
3. Cumulative |
D. Recommended Mitigation and Monitoring Measures |
Section V References |
A. Plant Species Observed |
B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) |
C. Sensitive Species or Habitats in the Project Vicinity (listing) |
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability.
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C-2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024)
62.1 TEMPORARY USES
62.1.1 Special Events and Attractions. No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and motorized vehicles shall be permitted in any zone unless a Use Permit is first secured in each case. (Former Section INL#316-5; Ord. 519 Sec. 605, 5/11/65; Amended by Ord. 2214, 6/6/00)
62.2 TIMBER PRODUCTION
Timber Production as defined in this Code, and not regulated by a California Department of Forestry and Fire Protection Timber Harvest Plan shall be allowed with a Special Permit in RS, R-1, R-2, R-3, and R-4 Zones. Timber production activities in other than residential zones shall be as provided by the regulations for the individual zoning district. (Former Section INL#316-19; Amended by Ord. 1876, Sec. 9, 9/26/89)
The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal.
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024)
Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement.
62.5.3.7 Waste Removal.
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions.
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions.
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
The purpose of these provisions is to classify uses of property into a limited number of use types 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. (From Section CZ#A313-1; Added by Ord. 2214, 6/6/00)
163.1All uses are classified into the following use types. Use types are described and defined in the Glossary of Use Types, below.
163.1.1 Agricultural Use Types. General Agriculture (allowed in RA)
Intensive Agriculture (allowed in RA)
Stables and Kennels (allowed in RA)
163.1.2 Civic Use Types. Administrative (allowed in MB)
Community Assembly (allowed in C-3, RA)
Electrical Distribution Lines, Major (allowed in RA)
Essential Services (allowed in RA)
Extensive Impact Civic Uses (prohibited in F)
Generation and Distribution Facilities, Minor (allowed in RA)
Health Care Services (prohibited in F)
Oil and Gas Pipelines (allowed in RA)
Public Recreation and Open Spaces (allowed in RA)
Solid Waste Disposal (allowed in RA; prohibited in F)
Utilities, Minor (allowed in RA)
163.1.3 Commercial Use Types. Automotive Sales, Service and Repair (allowed in C-3)
Heavy Commercial (allowed in C-3)
Mini-Storage (allowed in C-3, MB, and ML)
Neighborhood Commercial (allowed in C-3, RA)
Office and Professional Service (allowed in C-3, MB)
Private Recreation (allowed in RA)
Retail Sales (allowed in C-3, MB)
Retail Service (allowed in C-3, MB)
Transient Habitation (allowed in MB)
Warehousing, Storage and Distribution (allowed in C-3, MB)
163.1.4 Commercial Timber Use Types. Timber Production (allowed in RA)
163.1.5 Extractive Use Types. Surface Mining - 2 (allowed in RA)
163.1.6 Industrial Use Types. Cottage Industry (allowed in C-3, RA)
Research/Light Industrial (allowed in C-3, MB)
Hazardous Industrial (prohibited in F)
163.1.7 Natural Resource Use Types. Fish and Wildlife Management (allowed in RA)
Watershed Management (allowed in RA)
Wetland Restoration (allowed in RA)
163.1.8 Residential Use Types. Commercial Residential (allowed in C-1, C-2, C-3, CH, and MB)
Guest House (allowed in RA)
Manufactured Home Park (prohibited in F)
Residential Uses Subordinate to the Permitted Use (allowed in C-3)
Accessory Dwelling Unit
Single-Family Residence (allowed in RA) (Ord. 2650, § 6, 9/1/2020; Ord. 2732, § 4, 3/5/2024; Ord. 2747, § 4, 10/1/2024; Ord. 2748, § 3, 10/1/2024)
REGULATIONS OUTSIDE THE COASTAL ZONE
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: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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.
(From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; INL#312-1; Ord. 519, Sec. 201, 5/11/65; Amended by Ord. 2214, 6/6/00)
135.1.5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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”. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.7.All public officials, bodies, and agencies to which reference is made are those of Humboldt County unless otherwise indicated. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.2.Additional definitions can be found in State Law in the Subdivision Map Act (see, Government Code Section 66414 and following), the Permit Streamlining Act (see Government Code Section 65925 and following), and in other related provisions which regulate planning and land use issues. If the definitions of this County Code are different from the State Law definitions, generally the State Law will govern, unless the provisions of this Code are more restrictive and limiting, in which case the more restrictive provisions apply. (Ord. 2214, 6/6/2000)
135.3.This set of definitions is separate from, and less comprehensive than, the definitions applicable in the Coastal Zone, which are set out in Chapter 3, Section C. This is because the coastal and non-coastal regulations were adopted at different times. It is the goal of the Board to eventually merge the two (2) sections and have one set of definitions that apply county wide. When that is done, some definitions will change, and environmental review of any changes will be required under California law. (Ord. 2214, 6/6/2000)
135.4.To the extent that the definitions in this non-coastal section are different from those in the coastal section, the differences may result in a different meaning. If so, it is the intention of the Board that the differences remain when this version of the Code is adopted. Minor wording differences which do not change the meaning are the result of oversights at the different times at which sections of the code were adopted, and it should not be assumed that any difference in meaning is intended. (Ord. 2214, 6/6/2000)
135.5.If a definition is not included in this section, standard rules of statutory construction should be used, and the words and phrases should be given their customary and ordinary meaning, unless that causes a clearly unintended and erroneous result. (Ord. 2214, 6/6/2000)
Abutting: Land having a common property line or separated only by an alley, easement or private road. (Former Section INL#312-2; Ord. 519, Sec. 202, 5/11/65)
Access Drive: A private drive connecting a street or alley with a parking or loading area or space and of sufficient width to permit safely the passage of all vehicles, equipment, machinery, trailers, manufactured homes and pedestrians which may normally or reasonably be expected to seek access to the parking or loading area or space. Whenever the size, location or use of the parking or loading areas is such as to reasonably necessitate the use of such drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of such emergency vehicles in order to be considered as an access drive within the meaning of these regulations. (Former Section INL#312-3; Ord. 519, Sec. 203, 5/11/65)
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 Section 18007 of the Health and Safety Code; and a Tiny House or Moveable Tiny House as defined in this Code. (See: Residential Use Types, Accessory Dwelling Unit, in Section 314-163.1.8: Use Types; Tiny House, Section 314-155, Definitions (T); and Moveable Tiny House, Section 314-148, Definitions (M)).
Acreage: Land which is customarily measured in terms of acres rather than front feet or square feet. (Former Section INL#312-4; Ord. 519, Sec. 204, 5/11/65)
Additional Incentives: “Additional incentives” means such regulatory concessions as specified in California Government Code Section 65915(d). 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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.
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 (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 INL#312-4.1; Added by Ord. 1848, Sec. 1, 9/13/88)
Adequate Off-Street Parking: “Adequate off-street parking” is hereby defined as parking facilities sufficient to meet the level of anticipated parking demand generated by a use or uses. (See, Section 314-109.1, Off-Street Parking, for parking requirements.) (From Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
Administrative Official: The Director of the County of Humboldt and/or such other Planning Commission employee as may be designated by the Planning Commission. (Former Section INL#312-5; Ord. 519, Sec. 205, 5/11/65)
Affordable Housing/Affordable Housing Unit: A housing unit which is available for sale to Moderate Income Households or for rent to Low and/or Very Low Income Households, as those terms are defined in this section.
Affordable Rent: Monthly rent charged to Low and Very Low Income Households for housing units as calculated in accordance with section 50053 of the Health and Safety Code. (Modified by Ord. 2472, Sec. 1, 2/14/12)
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 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(c); Added by Ord. 2166, Sec. 31, 4/7/98)
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 (“designations” or “planned” in these regulations) 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. (Former 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 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. This definition shall include both commercial and noncommercial activities in the designated areas or zones defined as “Agricultural Land” in this Chapter. (Former Section INL#316.2-1(b); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 1138b, Sec. 1, 1/14/97)
Agriculture, General: Farming, dairying, pasturage, timber production, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section INL#312-6; Ord. 519, Sec. 206, 5/11/65)
Alley or Lane: A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property and not intended for general traffic circulation, except when such terms are modified by the word “bowling”. (Former Section INL#312-7; Ord. 519, Sec. 207, 5/11/65)
Alternative Lodge Park: Provides spaces for occupancy for persons experiencing homelessness. allowing a broad range of housing types during a local emergency housing crisis. The range of allowable dwelling types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses.
Animal Hospital: A building where animals are given medical or surgical treatment for compensation and where the boarding of animals is incidental to such treatment. The designation “small animal hospital” shall indicate that such treatment shall be limited to dogs, cats, rabbits, birds and similar small animals. (Former Section INL#312-8; Ord. 519, Sec. 208, 5/11/65)
Animal Products Processing Plants: Buildings and premises for the preparation for wholesale distribution of animals or animal products, including but not limited to slaughter houses, fat rendering, tallow works, fertilizer plants, tanneries, seafood packing and canning, and distillation of bones. (Former Section INL#312-9; Ord. 519, Sec. 209, 5/11/65)
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 paint shop. (Former Section INL#312-10(a); Ord. 519, Sec. 210, 5/11/65)
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 2) tons capacity, but not including any operation under “automobile repair, major”. (Former Section INL#312-10; Ord. 519, Sec. 210(b), 5/11/65)
Automobile Service, Gas and/or Filling Station: A place which provides for the servicing, washing and/or fueling of operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto. (Former Section INL#312-11; Ord. 519, Sec. 211, 5/11/65) (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2742, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Board of Supervisors: Board of Supervisors of the County of Humboldt. (Former Section INL#312-12; Ord. 519, Sec. 212, 5/11/65)
Board of Zoning Adjustment: “Board of Zoning Adjustment” means the office of Zoning Administrator. (Former Section INL#312-13; Ord. 519, Sec. 213, 5/11/65; Amended by Ord. 946, 10/2/73)
Boarding House: A dwelling or part thereof where meals or meals and lodging are provided for compensation for three (3) or more persons, not transient. Also referred to as “Rooming House” in this Code. (Former Section INL#312-14; Ord. 519, Sec. 214, 5/11/65)
Building: Any roofed structure intended for use as human shelter, or shelter or enclosure for 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; INL#312-16(a); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00)
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. (From Section CZ#A312-4; Added by Ord. 2214, 6/6/00)
c. Main. A building in which the principal use of the building site is conducted. (Former Section CZ#A312-4; INL#312-16(b); Ord. 519, Sec. 218, 5/11/65)
d. Site. One lot, or two (2) 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; INL#312-16(c); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00))
Campground: (See Section 314-113.1, Special Occupancy Parks. See also, Camping Party.)
Camping Party: “Camping Party” has the same meaning as stated in Section 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. (Former Section INL#312-17.1; Added by Ord. 2166, Sec. 1, 4/7/98)
Cannabis Farm Stay: See “Farm Stay.”
Caretaker’s Residence: A Caretaker’s Residence refers to living quarters which are incidental to and under the same ownership as the principal use which is a nonresidential use. (Former Section INL#312-17.2; Added by Ord. 2166, Sec. 1, 4/7/98)
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, but not limited to, columbariums, crematories, mausoleums, mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery, and any activity or business designed for the benefit, service, convenience, education or spiritual uplift of property owners or persons visiting the cemetery when operated in conjunction with and within the boundary of the cemetery and which is compatible with the purpose of the cemetery and is incidental thereto. (Former Section INL#312-18; Ord. 519, Sec. 218, 5/11/65)
Childcare Facility: A facility that provides non-medical care and supervision of minor children for periods of less than twenty-four (24) hours and is licensed by the California State Department of Social Services, further subject to the definition in California Government Code Section 65915(h)(4). This includes, but is not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers, but excludes family daycare homes.
Collector Road/Street: A medium order class of street designed to provide through-transit for moderate to large volumes of vehicles. In the hierarchy of street type classifications, collectors convey traffic from sub-collectors and local streets to arterial streets that in turn connect to highways or other regional controlled-access road facilities. (Also see, “Classification of Streets” in Division 4 of Title III of this Code.)
Combining Zone: (See Zone, Combining.)
Commercial Coach: 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). (From Section CZ#A312-5; Added by Ord. 2214, 6/6/00)
Commercial Residential: Commercial residential is a development that either consists of dwellings or a mixture of dwellings and commercial uses in accordance with Section 314-56.5.
Commission, Planning: The Planning Commission of the County of Humboldt, State of California. (Former Section INL#312-20; Ord. 519, Sec. 220, 5/11/65)
Community Care Facility: Community Care Facility includes all the use types defined in State law as community care facility (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place or building licensed by the State Department of Social Services, which is maintained and operated to provide nonmedical residential care, day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community care facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purpose of zoning, except that supportive and transitional housing as defined in this Code are considered residential uses regardless of the number of individuals served. (See also, “Family Day Care Homes” and “Family Day Care Center”)
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. (See also, Open Space, Useable) (Former Section INL#312-21.3; Added by Ord. 2103, Sec. 1, 1/9/96)
Correlated Color Temperature: (Abbreviated “CCT”) In lighting refers to the warmth or coolness of a light source, measured in Kelvin (K), where lower numbers indicate warmer, yellowish light and higher numbers indicate cooler, bluer light.
Cottage Industry: (See Industrial Use Types, Cottage Industry, in Section D, Part 2: “Glossary of Use Types”.)
Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. (Former Section INL#312-19; Ord. 519, Sec. 219, 5/11/65) (Ord. 2214, 6/6/2000; Ord. 2472, § 1, 2/14/2012; Ord. 2703, § 6, 11/29/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2747, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Day Shelter: Any shelter operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization that provides a temporary shelter exclusively for the homeless without requiring occupants to sign leases or occupancy agreements. Day shelters shall be open less than twenty-four (24) hours a day; they may not provide overnight accommodations; and clients must be allowed to stay in the shelter for as many hours as it is open. No individual or household may be denied access to day shelter because of an inability to pay.
Density:
a.A means of describing the distribution of population over an area of land. Typically expressed as a number of dwelling units per a given acreage (examples: one (1) through seven (7) units per acre; or, one (1) dwelling per 20 acres). (Former Section INL#312-22.1(a); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Density may be expressed as a density range (examples: five (5) through 20 acres per dwelling unit; or one (1) through seven (7) dwelling units per acre). Density does not set minimum parcel size; that is done by the zoning. (From Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Minimum Parcel Size: The smallest parcel size allowed by the plan or the zone (example: 40-acre minimums). (Former Section INL#312-22.1(c); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Planned:
a.The density anticipated to be achievable and appropriate for a given area; the density specified for the area in the General Plan. (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Sometimes planned density is expressed as a minimum parcel size, or range of minimum parcel sizes (examples: 40-acres minimum; or, 20 through 160 acres per parcel). (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density Bonus: A density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete. (Modified by Ord. 2472, Sec. 1, 2/14/12)
Density Bonus Housing Agreement: A legally binding agreement between a developer and the County (Housing Authority or Planning Department) 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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Density Bonus Unit:Those additional residential units granted pursuant to the provisions of the residential density bonus section that exceed the otherwise maximum residential density for the development site.
Dependent Sleeping Unit: A hard-roof and sided structure providing at a minimum a room for living and sleeping that is not fully equipped with a kitchen area, shower, and toilet or sewage disposal system. A dependent sleeping unit may contain a toilet or sewage disposal system.
Dependent Unit Village: A grouping of three (3) or more dependent sleeping units and contains separate common facilities equipped with, but not limited to, kitchen areas, toilets, showers and bathrooms with running water. A dependent unit village is considered multifamily housing.
Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two (2) structures. (Former Section INL#312-22; Ord. 519, Sec. 222, 5/11/65)
Dwelling:
a. Dwelling. Any building or portion thereof containing one (1) or more dwelling units designed or used exclusively as a residence or sleeping place for one (1) or more families, but not including a tent, cabin, boat, recreational vehicle, manufactured home, labor camp, hotel or motel. (Former Section INL#312-23(a); Ord. 519, Sec. 223, 5/11/65; Amended by Ord. 2166, Sec. 2, 4/7/98)
b. Dwelling, One (1) Family. A building containing exclusively one (1) dwelling unit. (Former Section INL#312-23(b); Ord. 519, Sec. 223, 5/11/65)
c. Dwelling, Two (2) Family or Duplex. A detached building under one roof, designed for or occupied exclusively by two (2) families living independently of each other. (Former Section INL#312-23(c); Ord. 519, Sec. 223, 5/11/65)
d. Dwelling, Multiple. A building or portion thereof containing three (3) or more dwelling units, including apartments and flats but excluding rooming and boarding houses, lodging houses, motels, manufactured home parks, hotels, fraternity or sorority houses and private residence clubs. (Former Section INL#312-23(d); Ord. 519, Sec. 223, 5/11/65)
Dwelling Unit: One (1) room, or a suite of two (2) or more rooms designed for, intended for, or used by one (1) family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette. (Former Section INL#312-24; Ord. 519, Sec. 224, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Emergency Dependent Unit Village: A grouping of three (3) or more emergency sleeping cabins that are not equipped with a kitchen area, toilet, or sewage disposal system. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. An emergency dependent unit village shall contain separate on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
Emergency Housing Villages: Allow for a broad range of housing types as emergency housing. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. This includes emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Section 8698.4 addressing emergency housing upon declaration of a shelter crisis.
Emergency Shelter: Housing with or without supportive services for persons experiencing homelessness that is limited to occupancy of six (6) months or less, as defined in Section 50801(e) of the California Health and Safety Code. An emergency shelter may be the principal or an ancillary use on the lot. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter operations may be seasonal or year-round, and must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. (Ord. 2335, 12/14/2004)
Emergency Sleeping Cabin: A hard roofed and sided structure providing a room for living and sleeping, not equipped with a kitchen area, toilet and sewage disposal system, and is allowable as emergency housing under Government Code 8698.4 addressing emergency housing upon declaration of a shelter crisis. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. Emergency sleeping cabins shall meet the minimum requirements of the California Building Code (CBC), Appendix P104, Emergency Sleeping Cabins, and California Residential Code (CRC), Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices.
Emergency Vehicle: Self-propelled vehicle or trailer used in the discharge of the duties of public districts, agencies, or departments or privately owned public utilities responsible for fire prevention and control, policing, sanitation, sewage, drainage, flood control, and public utility maintenance and service. (Former Section INL#312-25; Ord. 519, Sec. 225, 5/11/65)
Equivalent Financial Incentive: “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
b.A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary.
See, Section 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(g); Added by Ord. 2166, Sec. 31, 4/7/98) (Ord. 2693, § 3, 6/7/2022; Ord. 2742, § 3, 8/20/2024)
Family: A person living alone or a group of persons living together as a single non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, rooming house, lodging house, motel or hotel, fraternity or sorority house. (Former Section INL#312-26: Ord. 519, Sec. 226, 5/11/65; Amended by Ord. 2214, 6/6/00)
Family Day Care Center: Family Day Care Center refers to any facility which provides, to more than twelve (12) persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of the property. A conditional use permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes”.) (Former Section INL#312-26.1; Added by Ord. 1842, Sec. 2, 8/16/88)
Family Day Care Home: Family Day Care Home refers to any facility which provides, to twelve (12) or fewer children (including children who reside at the home), non-medical care, or personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four hour basis. (See also, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#312-26.2; Added by Ord. 1842, Sec. 3, 8/16/88)
Farm Dwelling: A dwelling on farm premises for permanent residents of the farm, such as the owner, lessee, foreman, or others whose principal employment is the operation of the farm, as distinguished from quarters for seasonal labor. (Former Section INL#312-27; Ord. 519, Sec. 227, 5/11/65)
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, resides on the property.
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. (From Section CZ#A312-8; Added by Ord. 2214, 6/6/00)
Flood Plain: Flood plain is defined as the area subject to inundation by the 100 year or base flood, as shown on the FEMA Flood Insurance Rate Maps (FIRM). (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floodway: Floodway is defined as 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 and can be specifically determined at a given location by the Building Division’s application of the County flood regulations. (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floor Area: Floor area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Former Section INL#312-27.1; Added by Ord. 1633, Sec. 2, 3/13/84)
Foot-Candle: (Abbreviated “fc”) A unit of illuminance defined as one (1) lumen per square foot.
Frog Farm: A place at which frogs are bred and raised for commercial purposes. (Ord. 2214, 6/6/2000)
Frontage: All the property on one side of a street between intersecting or intercepting streets, or between a street and right-of-way, water way end of a dead-end street or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. (Former Section INL#312-28; Ord. 519, Sec. 228, 5/11/65)
Fur Farm: A place at which fur-bearing animals, other than chinchillas, are bred and raised for commercial purposes, such as breeding stock or for the reclamation of pelts. (Former Section INL#312-29; Ord. 556, Sec. 1, 3/22/66) (Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025)
Garage:
a. Private. An accessory building or a portion of a building designed for the storage of self-propelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site and their guests, including covered parking space or carport. (Former Section INL#312-30(a); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
b. Public. Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, trailers and boats or where any such are equipped for operation or repair or kept for remuneration and hire. (Former Section INL#312-30(b); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
c. 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. (Former Section INL#312-30(c); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
Grade:The average of the finished ground level at the center of all walls of a building. (Former Section INL#312-30.1; Ord.)
a. Grade, Finished. The finished surface of the ground after grading for development. (Former Section INL#312-30.2)
b. Grade, Natural. The surface of the ground prior to grading for development. (Former Section INL#312-30.3)
Greenhouse: A facility for indoor propagation of plants, constructed with transparent or translucent panels. (See also, “Nurseries” and Section 314-69.1, Accessory Structures.)
Greenway Bench: A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (See, Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section 315-10(B); Ord. 2071, Sec. 1, 4/25/95)
Ground Coverage: See, Lot Coverage. (Former Section INL#312-31)
Hearing Officer: “Hearing Officer” means the Director of the Community Development Services Department or the designee of the Director, Zoning Administrator, Planning Commission, or other designee. (Former Section INL#312-32; Ord. 946, Sec. 2, 10/2/73; Amended by Ord. 2214, 6/6/00)
Higher Order Street: (See, Classification of streets in Division 4 of this Title III of the Code.)
Hog Farm: Any premises used for the raising or keeping of three (3) or more hogs when raised, fed or fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural zone, the term “hog farm” is not intended to otherwise preclude the raising of hogs as part of a general farming operation. (Former Section INL#312-33; Ord. 519, Sec. 232, 5/11/65)
Home Occupation: Any use which, as determined by the Planning Commission, is customarily carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling. Home occupations are subject to the Home Occupation Regulations in this Chapter. (Former Section INL#312-34; Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98; Amended by Ord. 2214, 6/6/00)
Home-Share Rental: Short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six (6) or more transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, boarding house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses. (Former Section INL#312-35; Ord. 519, Sec. 234, 5/11/65)
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 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(h); Added by Ord. 2166, Sec. 31, 4/7/98)
Housing Development:A development project for five (5) or more residential units, inclusive of single-family, multifamily, and manufactured homes for sale or rent. This does not exclude mixed use developments that include the number of residential units described above. Within this chapter, it shall also include a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multifamily building. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
Incentives or Concessions: Regulatory concessions which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus. See also “Additional Incentives.”
Incidental Camping Area: “Incidental Camping Area” has the same meaning as stated in Section 18208 of the California Health and Safety Code (Incidental Camping Area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. In addition to the development standards identified in Section 314-113.1, Special Occupancy Parks, the density of usage for incidental camping areas shall not exceed 25 camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Former Section INL#312-35.1; Added by Ord. 2166, Sec. 4, 4/7/98)
Initial Subsidy: The fair market value of the home at the time of initial sale minus the initial sale price to the designated household, plus the amount of any down payment assistance or mortgage assistance. If, upon resale, the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (e.g., X (fair market value of the home to be purchased) - Y (the price the moderate income family paid for the home) + Z (amount of any down payment assistance) = initial subsidy).
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 INL#312-36; Ord. 519, Sec. 235, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 3, 11/4/2025)
Junk Yard: (See, Wrecking and Salvage Yards)
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 INL#312-38; 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 INL#312-39; Ord. 519, Sec. 238, 5/11/65)
Labor Camp, Including Agricultural or Farm Labor Camp: Any living quarters, dwelling, boarding house, rooming house, tent, bunk house, manufactured home or other housing accommodation maintained in connection with any work or place where work is being performed, and the premises upon which they are situated, or the areas set aside and provided for camping of five (5) or more employees by a labor contractor. Labor camps shall also mean a labor supply camp, which is any place, area or piece of land where a person engages in the business of providing sleeping places or camping grounds for five (5) or more employees or prospective employees. (Former Section INL#312-40; Ord. 519, Sec. 239, 5/11/65)
Licensed Premises: Premises licensed by the Alcoholic Beverage Control Board of the State of California for the sale and consumption on the premises of alcoholic beverages. (Former Section INL#312-41; Ord. 519, Sec. 240, 5/11/65)
Light Fixture: A complete lighting unit consisting of a lamp or lamps, the lamp holder, reflector, lens, diffuser, ballast and/or other components and accessories, together with parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Sometimes referred to as a luminaire or light source.
Light Pollution: Any artificial light emitted into the atmosphere, either directly or indirectly, which may have a disruptive effect on natural cycles and inhibits the observation of stars and planets.
Light Trespass: Any artificial light emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited. Including, but not limited to, any light from a light fixture onto neighboring property that interferes with viewing of the night sky or eliminates the ability to have darkness on the adjacent property, or shines into or onto neighboring windows, properties or structures.
Lighting Nuisance: Light pollution that significantly impacts or interferes with a person’s enjoyment of their property or their health. It can be caused by misdirected or excessive lighting, or light trespass from neighboring properties. A lighting nuisance must be a continual event. A one (1) time offensive activity is not sufficient to be deemed a lighting nuisance.
Living Quarters: One (1) or more rooms in a building designed, intended for or used by one ore more individuals for living or sleeping purposes, but which does not have cooking facilities. (Former Section INL#312-42; Ord. 519, Sec. 241, 5/11/65)
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 (From Section CZ#A312-14(a); Added by Ord. 2214, 6/6/00)
(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. (From Section CZ#A312-14(b); Added by Ord. 2214, 6/6/00)
Lot Area: (See, Lot Size)
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than 135 degrees. (Former Section INL#312-43(b); Ord. 519, Sec. 242, 5/11/65)
Lot Coverage: The percentage of lot size covered by the vertical projection of any structure excluding any structure not extending above the grade. (Former Section INL#312-45.1)
Lot Depth: The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Former Section 312-46; Ord. 519, Sec. 244, 5/11/65)
Lot, Double Frontage: A lot with both the front and rear lot lines abutting a road right-of-way. (See also, Lot, Through) (Former Section INL#312-46.1; Ord.)
Lot, Flag: Lots with a narrow frontage and a long driveway or strip of land connecting with a street. (Former Section INL#312-46.2; Ord.)
Lot, Interior: A lot other than a corner lot. (Former Section INL#312-43(c) and INL#312-46.3; Ord. 519, Sec. 242, 5/11/65; Amended by Ord.)
Lot, Key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot (exclusive of any alley) and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Former Section INL#312-43(d); Ord. 519, Sec. 242, 5/11/65)
Lot Line: Any property line bounding a lot. When the definition of lot lines is 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 County 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 center line 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 INL#312-47(a); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Exterior: A property line abutting a public or private road or street. (Former Section INL#312-47(b))
Lot Line, Front: The line separating the front of the lot from the street right-of-way. 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, street, or highway which does not have a right-of-way of record, refer to the definition of “lot line”. In the case of a flag lot, the front line shall 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 INL#312-47(c); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Rear: The record lot line most distant from and generally opposite the front lot line. Except: In the case of an interior triangular or wedge-shaped lot, it shall mean a straight line 10 feet in length which:
(1) is approximately parallel to the front lot line, and
(2) intersects the two (2) other lot lines at points most distant from the front lot line.
Where the rear lot line abuts a public road, street or highway which does not have a right-of-way of record, refer to the definition of “Lot Line” (Former Section INL#312-47(d); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Side: Any lot line which is not a front lot line or rear lot line. Where a side lot line abuts a public road, street, or highway which does not have a right-of-way of record, refer to the definition of “Lot Line”. (Former Section INL#312-47(e); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot, Manufactured Home: (See, Manufactured Home Lot)
Lot, Mobilehome: (See, Manufactured Home Lot)
Lot Size: The total area of a lot. For lots less than one (1) acre in size, lot size shall be the total area of a lot, exclusive of any street measured horizontally between bordering lot lines. (Former Section INL#312-45; Ord. 519, Sec. 243, 5/11/65; Amended by Ord. 1743, Sec. 1, 7/15/86)
Lot, Substandard: A “substandard lot” means a lot which has been lawfully separated from adjoining property by map or a metes and bounds description as on a deed but does not meet the standards required of a lot or building site. (Former Section INL#312-44; Added by Ord. 1068, Sec. 1, 1/3/76)
Lot, Through: A lot fronting on two (2) parallel or approximately parallel streets. (See also, Lot, Double Frontage) (From Section CZ#A312-14)
Lot Width: The horizontal distance between the side lot lines measured at right angles to the depth of the lot at the front yard set back line. Whenever this definition cannot be applied due to irregularity in the shape of the lot, the lot width shall be as determined by the Administrative Official subject to review by the Planning Commission. (Former Section INL#312-48; Ord. 519, Sec. 246, 5/11/65)
Low Barrier Navigation Center: A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry. No individual or household shall be denied shelter because of inability to pay. Navigation centers shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Navigation center as used in this chapter shall have the same meaning as Section 65660(a) of the California Government Code, and as this section may be amended.
Low Income Household: A household whose income does not exceed 80 percent of the area median income for 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.
Lower Income: Eighty percent (80%) of the area median income for Humboldt County. (See also “Affordable Rent.” See also Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
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 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(j); Added by Ord. 2166, Sec. 31, 4/7/98)
Lower Income Student: Means a student who has a household income and asset level that does not exceed the level specified for Cal Grant A or Cal Grant B award recipients in Section 69432.7(k) of the California Education Code.
Lumen: A standard unit that measures the amount of visible light emitted by a light source. (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Manufactured Home: “Manufactured Home”, for purposes of this division, means a vehicle other than a motor vehicle which is designed and equipped for human habitation and for being drawn by a motor vehicle and which exceeds eight (8) feet in width or is forty (40) feet or greater in length and requires a Special Permit or chauffeur’s license, or both, to be moved upon public highways. “Manufactured home” does not include trailer, travel-trailer, camp trailer, trailer coach, house car, automobile trailer, or motorhome. The term, as used in this division, is synonymous with the term “mobilehome”. This definition is not intended to supersede or conflict with the California Health and Safety Code Section 18007 definition of this term. (Former Section INL#312-48.1; Added by Ord. 1633, Sec. 3, 3/13/84)
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. (From Section CZ#A312-14)
Manufactured Home Park: “Manufactured Home Park” means any tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes used for human habitation. The rental paid for any such manufactured home will be deemed to include rental for the lot it occupies.
The rental of one (1) or more manufactured homes or recreational vehicles is regulated by the State of California pursuant to Health and Safety Code Sections 18000-18897.7. (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
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 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(k); Added by Ord. 2166, Sec. 31, 4/7/98)
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.
Mobilehome: (See, “Manufactured Home.”) (Former Section INL#312-49; Ord. 1086, Sec. 1, 7/13/76)
Mobilehome Park: (See “Manufactured Home Park.”) (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
Moderate Income: Between eighty percent (80%) and one hundred twenty percent (120%) of the area median income for Humboldt County, adjusted for household size. (See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Moderate Income Household: A household whose gross income does not exceed the moderate income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
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 having to pass through any lobby, and where luggage is moved between the parking area and living unit 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 manufactured homes or recreational vehicles. (Former Section INL#312-51; Ord. 519, Sec. 248, 5/11/65; Amended by Ord. 2214, 6/6/00)
MOVEABLE TINY HOUSE
A structure no larger than four hundred (400) square feet intended for separate, independent living quarters, designed and built 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) 1192 RV 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. (Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2748, § 3, 10/1/2024; Ord. 2776, § 3, 11/4/2025)
Nonconforming Structure or Use: A “nonconforming use” means the lawful use of lands or a building lawfully existing on the effective date of these regulations or prior ordinances to the subject property although such building or use does not conform with the current regulations of this division, except as may be qualified by this Code. (Former Section INL#312-52; Ord. 1104, Sec. 1, 10/5/76; Amended by Ord. 1237, Sec. 1, 6/27/78; Amended by Ord. 1876, Sec. 2, 9/26/89)
Non-Restricted Unit: Means all units within a Housing Development excluding the Target Units. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(l); Added by Ord. 2166, Sec. 31, 4/7/98)
Nuisance, Public: (See Public Nuisance.)
Nurseries: Buildings and premises for the propagation and display for retail sale of plants, vines, shrubs and trees, and the sale of horticultural materials when incidental thereto. (See also, Greenhouse.) (Former Section INL#312-53; Ord. 519, Sec. 250, 5/11/65; Amended by Ord. 2214, 6/6/00)
Office:
a. Office, 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 or payments, and the keeping of records and accounts pertaining to the particular business. (Former Section INL#312-54(a); Ord. 519, Sec. 251, 5/11/65
b. Office, 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 INL#312-54(b); Ord. 519, Sec. 251, 5/11/65)
Open Space Maintenance Zone: An assessment district, formed by entities with recreational authority, under the provisions of the Landscape and Lighting Act of 1972, to fund the maintenance of lands donated to the entity for recreational uses. (Former 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. (Also see, “Consolidated Play Surface.”) (Former Section INL#312-73; Added by Ord. 2103, Sec. 3, 1/9/96)
Owner: 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 for the owner. (Former Section INL#312-55; Ord. 519, Sec. 252, 5/11/65)
Parking, Adequate Off-Street: (See, Adequate Off-Street Parking. See also, Section 314-109.1, Off-Street Parking.)
Person: Any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties. (Former Section INL#312-56; Ord. 519, Sec. 253, 5/11/65)
Planned Unit Development:
a.An integrated development located on a single building site, or on 2 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 an overall density consistent with the gross densities permitted in the zone in order to provide development compatible with environmental, geologic or topographic features of a parcel. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
b.In such development, operation or a series of operations in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facilities, open space, and utilities, together with 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. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
(See also, Section 314-31.1, Planned Development Zone.)
Planning Commission: (See Commission, Planning)
Principal Zone: (See Zone, Principal.)
Private Institution: The rooming or boarding of any aged or convalescent person, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency. Private institution shall include sanitarium, rest home and convalescent home. (Former Section INL#312-57; Ord. 519, Sec. 254, 5/11/65)
Proportionate Share of Appreciation: The ratio of the local government’s Initial Subsidy as defined above to the fair market value of the home at the time of initial sale. (e.g., X (initial subsidy) /Y (fair market value) = Proportionate Share of Appreciation). (Ord. 2472, § 1, 2/14/2012)
Public Nuisance: Any building or use operated or maintained contrary to the provisions of this Code shall be and the same hereby is declared to be a public nuisance and shall be subject to injunction and abatement as such. (From Section INL#319-3; Ord. 519, Sec. 803, 5/11/65; Added by Ord. 2214, 6/6/00)
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 Welfare Department or designated by the County Probation Department or any court. (Former Section INL#312-58; Ord. 722, Sec. 1, 5/26/70)
Qualifying Resident: Means senior citizens or other persons eligible to reside in Senior Citizen Housing. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(m); Added by Ord. 2166, Sec. 31, 4/7/98)
Quasi-Public Use: A use operated by a private non-profit educational, religious, recreational, charitable, fraternal, or medical institution, association, or organization, and including but not limited to such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls, private hospitals and the like. (Former Section INL#312-59; Ord. 519, Sec. 256, 5/11/65)
Recreation:
a. Recreation Commercial. Recreation facilities open to the general public for a fee, or, if restricted to members when operated for profit as a business. (Former Section INL#312-60(a); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
b. Recreation, Private, Noncommercial. Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests. (Former Section INL#312-60(b); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
c. Recreational Accommodations. Transient and tourist-related habitation that support on-site recreation activities such as dude ranches, ski lodges, health spas, transient habitation and other similar accommodations that provide recreation-related lodging to guests. (Former Section INL#312-60(c); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
Recreational Vehicle: “Recreational Vehicle” has the same meaning as stated in Section 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 motive power, designed for human habitation for recreational, emergency, or other occupancy, which contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (Former Section INL#312-60.1; Added by Ord. 2166, Sec. 6, 4/7/98)
Recreational Vehicle Park: “Recreational Vehicle Park” has the same meaning as stated in Section 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 Recreational Vehicle Park Regulations in this Code. (Former Section INL#312-60.2; Added by Ord. 2166, Sec. 6, 4/7/98)
Residential Density Bonus: (See, Density Bonus. Also see, Section 314-112.1, Residential Density Bonus, for further discussion.)
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 INL#312-61; Ord. 519, Sec. 258, 5/11/65)
Rooming House: (See, Boarding House.) (Ord. 2732, § 3, 3/5/2024)
Safe Parking Program: A program that provides homeless individuals and families living in a vehicle a safe place to park while accessing services to end their homelessness. No rent or fee may be charged. Occupancy is limited to six (6) months unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe parking may be the principal or an ancillary use on the lot. Safe parking programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Safe Shelter Program: A program that provides homeless individuals and families a safe place to sleep in tents or other structures that meet California Building Code Appendix X, Emergency Housing Standards, while accessing services to end their homelessness. No rent may be charged. Occupancy is limited to six (6) months or less unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe shelter programs may be the principal or an ancillary use on the lot. Safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Salvage Yard: (See, Wrecking and Salvage Yards)
Senior Citizen Housing Development: A residential development developed, substantially rehabilitated or renovated, and having at least thirty-five (35) dwelling units for senior citizens in compliance with the requirements of Section 51.3 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
Setback: A required specified distance between buildings or structures and a lot line or lines, measured perpendicularly in a horizontal plane extending across the complete length of said lot line or lines. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-62; Ord. 1234, Sec. 1, 6/13/78; Amended by Ord. 1848, Sec. 4, 9/13/88; Amended by Ord. 2214, 6/6/00)
Shielded: A light fixture having a housing or optics that prevents a direct view of the light source from normal viewing angles. Types of shielding include:
a. Fully Shielded. A lighting design where the light source is completely covered by a barrier, preventing any light from escaping upwards or sideways, ensuring that all illumination is directed downwards, minimizing light pollution, and light trespass.
b. Unshielded. A lighting design where there is no barrier covering the light source, which causes the light to spread out in all directions.
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 live in the subject dwelling unit, attend to day-to-day operations associated with the maintenance of the short-term rental and who are the point of contact for neighborhood concerns.
Short-Term Rental Permit Holder (“Permit Holder”): The person or persons that have control and responsibility for the short-term rental of a dwelling unit and that are responsible for ensuring compliance with all applicable laws and regulations.
Single-Room Occupancy Facility: A residential building or structure, or group of buildings or structures that contain one (1) or more single-room occupancy units.
Single-Room Occupancy Units: A living space within an SRO Facility with a minimum floor area of 150 square feet and a maximum of 400 square feet with access to kitchen and bathroom facilities. Kitchen and bathroom facilities may be wholly or partially included in each living space, or may be fully shared.
Special Occupancy Park: “Special Occupancy Park” has the same meaning as stated in Section 18216.1 of the California Health and Safety Code (Special Occupancy Park), which is a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. (See also, Section 314-113.1, Special Occupancy Parks.) (Former Section INL#312-62.1; Added by Ord. 2166, Sec. 7, 4/7/98)
Stable:
a. Stable, Private. A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their guests. (Former Section INL#312-63(a); Ord. 519, Sec. 260, 5/11/65)
b. Stable, 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. (Former Section INL#312-63(b); Ord. 519, Sec. 260, 5/11/65; Amended by Ord. 2188, Sec. 1, 2/9/99)
Street: A public or private right-of-way which provides a primary means of access to abutting property. (Former Section INL#312-64; Ord. 519, Sec. 261, 5/11/65)
Street Line: The boundary between a street right-of-way and abutting property. (Former Section INL#312-65; Ord. 519, Sec. 262, 5/11/65)
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, but excluding 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, fences seven (7) feet or less in height, and for zoning setback purposes, retaining walls six (6) feet or less in height. (Building permits may be required for retaining walls.) Recreational vehicles used for human occupancy are considered structures. Decks and platforms thirty (30) inches or less in height must conform with setback standards of this code. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-66; Amended by Ord. 1848, Sec. 5, 9/13/88; Amended by Ord. 1876, Sec. 3, 9/26/89; Amended by Ord. 2166, Sec. 7, 4/7/98; Amended by Ord. 2214, 6/6/00)
Structural Alterations: Any change in the structural members of a building such as bearing walls, columns, beams or girders. (Former Section INL#312-67; Ord. 519, Sec. 264, 5/11/65)
Student Housing Development: A development that contains bedrooms containing two (2) or more bedspaces that have a shared or private bathroom, access to a shared or private living room, access to shared or private laundry facilities, and access to a shared or private kitchen.
Subordinate: Subordinate means of lesser bulk and less prominence as delineated by the combined effect of yard setbacks, ground coverage, height and form. (Former Section INL#312-67.1; Added by Ord. 1633, Sec. 5, 3/13/84)
Supportive Housing: Housing with no limit on the length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Ord. 1633, § 5, 3/13/1984; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2693, § 3, 6/7/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
Target Population: The target population, defined in California Government Code Section 65582(i), means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals with developmental disabilities who are eligible for services under the California Welfare and Institutions Code (commencing with Section 4500).
Target Unit: 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, lower income students, transitional foster youth, disabled veterans, homeless persons, or qualifying residents, as identified in the density bonus housing agreement. 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.)
TARGET UNITS | |
|---|---|
UNIT SIZE | HOUSEHOLD SIZE |
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 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion. Also see “Affordable Rent,” “Affordable Sales Price,” “Qualifying Resident,” “Lower Income Household,” “Very Low Income Household.”)
Temporary Recreational Vehicle Park: “Temporary Recreational Vehicle Park” has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary 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, and which is established for one occupancy not to exceed 11 consecutive days, and is then removed. (Former Section INL#312-67.2; Added by Ord. 2166, Sec. 8, 4/7/98)
Tent Camp: “Tent Camp” has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or lease for the exclusive use of camping parties. (Former Section INL#312-17, INL#312-67.3; Ord. 519, Sec. 217, 5/11/65; Amended by Ord. 2166; Sec. 8, 4/7/98; Amended by Ord. 2214, 6/6/00)
Timberland: “Timberland” means land other than land owned by the federal government which is available for and capable of growing a crop of trees or upon which there are trees of any commercial species used to produce lumber and other forest products. (Former Section INL#312-68; Ord. 1057, Sec. 1, 12/8/75)
Timber Production: “Timber production” means the cutting or removal or both of timber and solid wood forest products from timberlands for commercial purposes, together with all the work incidental thereto, including but not limited to construction and maintenance of roads, fuelbreaks, firebreaks, stream crossing, landings, skid trails, beds for the felling of trees, and fire hazard abatement. Timber production does not include cutting or removal of timber for creating building pads and access to a legal building site when such cutting or removal is approved as a part of the building and/or encroachment permit and removal of diseased and/or dangerous trees which 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 production. (Former Section INL#312-69; Ord. 1057, Sec. 2, 12/8/75; Amended by Ord. 1235, Sec. 2, 6/13/78)
Timber Products Processing Plants: Timber product processing plants are buildings and premises for the commercial processing of wood and wood products, including but not limited to sawmills, lumber mills and plywood mills, but not including pulp mills. Pulp mills shall be classified as heavy industrial uses and shall be permitted in the zones designed to accommodate such uses with a Use Permit. (Former Section INL#312-70; Ord. 542, Sec. 3, 2/8/66)
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 the 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 which includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation.
Tiny House Village: A grouping of three (3) or more tiny houses or moveable tiny houses. A tiny house village would also include a dependent unit village with three (3) or more dependent sleeping units with central sanitary, cooking, and dining facilities. A tiny house village is considered multifamily housing and not a mobile home park, an RV park, or a special occupancy park.
Transient: When used in conjunction with boarding or lodging, it means services that are charged for in units of less than one (1) month and where the majority of people utilizing such services remain for periods of less than three (3) months. (Former Section INL#312-71; Ord. 519, Sec. 270, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
Transient Habitation: (See Commercial Use Types, Transient Habitation, in Section D, Part 2, Glossary of Use Types.)
Transitional Housing: Rental housing that operates under a rental assistance program with a period of at least six (6) months, but where the space is reoccupied by another program recipient after a set period. The housing may be integrated with other social services and counseling programs to assist in the transition to income and permanent housing.
Turkey Farm: A place at which turkeys are bred and raised for commercial purposes. (Added by Ord. 2214, 6/6/00 (Ord. 2116, § 31, 4/30/1996; Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2721, § 3, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
Use:
a. Use. The purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. (Former Section INL#312-72(a); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Use, Accessory. A use legally permitted in the zone, which use is 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 INL#312-72(b); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Use, Conditional. A principal or accessory use of land or of structures thereon, which use may be essential or desirable to the public convenience or welfare in one (1) or more zones but which use may also impair the integrity and character of the zone or adjoining zone or be detrimental to the public health, morals or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall become a “principal permitted use” or “accessory permitted use” 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 INL#312-72(c); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Use, Principal Permitted. The 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 vested right to conduct such principal permitted use without securing special permission therefor, subject only to such general limitations as off-street parking and site plan approval which are generally applied to all uses in that zone. (Former Section INL#312-72(d); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
Useable Open Space: (See “Open Space, Useable”)
Undisturbed Slope: An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. (For more information on undisturbed slopes, greenway benches and open space, see Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
Very Low Income: Fifty percent (50%) of the area median income for Humboldt County, adjusted for household size. (Also see Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Very Low Income Household: A household whose income does not exceed 50 percent of the area median income for 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. (From Section INL#316.4-2(p); Added by Ord. 2166, Sec. 31, 4/7/98; Modified by Ord. 2472, Sec. 1, 2/14/12) (Ord. 2166, § 31, 4/7/1998; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
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 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 salvage of materials incidental to and used in manufacturing or farm operations, provided such salvage of materials takes place where the manufacturing or farming is done. (For more information on wrecking and salvage yards, see Chapter 1 of Title III, Division 7 of these regulations.) (Former Section INL#312-37; From Section 371-1; Ord. 542, Sec. 1, 2/8/66; Amended by Ord. 2214, 6/6/00)
(Section Reserved for Future Use)
Yard:
a. 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. (Former Section INL#312-74(a); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Yard, Front. A yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shorter street frontage. (Former Section INL#312-74(b); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Yard, Rear. A yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto, except that the rear yard of a corner lot extends to the side yard adjacent to the street. (Former Section INL#312-74(c); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Yard, Side. A yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line on the lot and the nearest vertical support or main wall of each building or enclosed or covered porch attached thereto. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line. (Former Section INL#312-74(d); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
Yard, Salvage: (See, Wrecking and Salvage Yards)
Yard, Wrecking: (See, Wrecking and Salvage Yards)
Zone: A portion of the territory of the County of Humboldt within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this Code. The word “zone” shall include the word “district”. (Former Section INL#312-75; Ord. 519, Sec. 274, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
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. (Ord. 2214, 6/6/2000)
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. (Ord. 2214, 6/6/2000)
Note: This section is new and is based on the format used in Coastal Zone regulations using text from non-coastal regulations. Currently, use types are referred to in Chapter 4 for the following zones: C-3: Industrial Commercial; MB: Business Park; RA: Rural Residential Agriculture; and F: Flood Hazard Combining.
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. These uses are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. The Principal Zoning Districts shall be represented on the adopted zoning maps by the designations in the following table. (Former Section INL#313-1; Amended by Ord. 2214, 6/6/00)
1.2 LISTS OF PERMITTED USES
Beginning with Section 314-2, Section A, Part 1 of this Chapter contains a list of permitted uses in the Principal Zones. These uses 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 “principal zone”) are explained in Section C: Index of Definitions of Language and Legal Terms. (Ord. 2214, 6/6/2000; Ord. 2422, § 1, 11/10/2009)
PRINCIPAL ZONES - INLAND | ||
|---|---|---|
ZONE DISTRICT | DESIGNATION | CODE SECTION |
COMMERCIAL | ||
Neighborhood Commercial | C-1 | |
Community Commercial | C-2 | |
Industrial Commercial | C-3 | |
Highway Service Commercial | CH | |
INDUSTRIAL | ||
Business Park | MB | |
Limited Industrial | ML | |
Heavy Industrial | MH | |
PUBLIC | ||
Airport | AV | |
Public Facility (Urban) | PF1 | |
NATURAL HAZARD/FLOOD | ||
Design Floodway | DF | |
Flood Plain | FP | |
RESIDENTIAL | ||
Residential Suburban | RS | |
Residential One-Family | R-1 | |
Residential Two-Family | R-2 | |
Residential Multiple Family | R-3 | |
Apartment Professional | R-4 | |
Rural Residential Agricultural | RA | |
RESOURCE | ||
Agriculture Exclusive | AE | |
Agriculture General | AG | |
Forestry Recreation | FR | |
Timberland Production | TPZ | |
UNCLASSIFIED | ||
Unclassified | U | |
(Ord. 2742, § 4, 8/20/2024)
2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|
Principal Permitted Uses | |
Social halls, fraternal and social organizations, and clubs. | |
Professional and business offices, and commercial instruction. | |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. | |
Sales of used and secondhand goods when appurtenant to any of the foregoing. | |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) | |
Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. | |
Supportive housing is permitted above the ground floor as the primary use. | |
Emergency shelters. | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Commercial Residential. | |
Emergency dependent unit village. | |
Uses Permitted With a Special Permit | |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Supportive housing may be located on the ground floor with a special permit. | |
Uses Permitted With a Use Permit | |
Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured home parks. | |
Alternative lodge parks. | |
Small animal hospitals completely enclosed within a building. | |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. | |
Private institutions where specifically allowed by the General Plan. (Amended by Ord. 2161 on 3/3/98) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-1 Zone. | |
Other Regulations | |
Minimum Lot Area | 2,000 square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 Zone (RS, R-1, R-2, R-3, R-4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). (Ord. 1086, Sec. 7, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#314-37; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-2: COMMUNITY COMMERCIAL | |
|---|---|
Principal Permitted Uses | |
Social halls, fraternal and social organizations, and clubs. | |
Professional and business offices, and commercial instruction. | |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3)) | |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98) | |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. | |
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12) | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Commercial Residential. | |
Emergency dependent unit villages. | |
Uses Permitted With a Special Permit | |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) | |
Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Supportive housing may be located on the ground floor with a special permit. | |
Uses Permitted With a Use Permit | |
Hotels, motels, boarding and rooming houses, and manufactured home parks. | |
Small animal hospitals completely enclosed within a building. | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone. | |
Other Regulations | |
Minimum Lot Area | 2,000 square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 Zone (RS, R-1, R-2, R-3, R-4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Seventy-five feet (75'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
C-3: INDUSTRIAL COMMERCIAL | |
|---|---|
Use Type | Principal Permitted Use |
Commercial Use Types | Automotive Sales, Service and Repair Office and Professional Service Warehousing, Storage and Distribution |
Industrial Use Types | Cottage Industry Research/Light Industrial |
Residential Use Types | Emergency Shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
Supportive housing is permitted above the ground floor as the primary use. | |
Use Type | Uses Permitted With a Special Permit |
Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A, 12/16/03, Amended by Ord. 2335, 12/14/04) |
Supportive housing may be located on the ground floor with a special permit. | |
Use Type | Uses Permitted With a Use Permit |
Residential Use| Types | Tiny house villages and dependent unit villages. |
Civic Use Types | Community Assembly |
Commercial Use Types | Heavy Commercial Neighborhood Commercial Retail Sales Retail Service 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 C-3 Zone. |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Five feet (5'). |
Rear | Five feet (5'). |
Side | Five feet (5') or ten (10') feet on one side. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). |
Special Regulations | All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added by Ord. 1801, Sec. 1, 6/30/87) |
In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) | |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL |
|---|
Principal Permitted Uses |
Hotels and motels. |
Emergency dependent unit villages. |
Car washes. |
Nurseries and greenhouses. |
Amusement parks and commercial recreational facilities. |
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a)(1) |
Professional and business offices, and commercial instruction. (From Section INL#314-34(a)(2)) |
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3)) |
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98) |
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#314-34(b)(3)) |
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone. |
Tiny house villages and dependent unit villages with connection to public water and wastewater. |
Commercial Residential. |
Uses Permitted With a Special Permit |
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04) |
Single-room occupancy facilities which are conversions of existing buildings. |
Tiny house villages and dependent unit villages without connection to public water and wastewater. |
Uses Permitted With a Use Permit |
Small animal hospitals and kennels. |
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98) |
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses. |
Alternative lodge parks. |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone. |
CH: HIGHWAY SERVICE COMMERCIAL | |
|---|---|
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Fifteen feet (15'). |
Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twenty feet (20'). |
Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six (6) feet. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Forty-five feet (45'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024)
3.1 MB: BUSINESS PARK ZONE
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
MB: BUSINESS PARK | |
|---|---|
Use Type | Principal Permitted Use |
Civic Use Types | Administrative |
Commercial Use Types | Office and Professional Service Warehousing, Storage and Distribution |
Industrial Use Types | Research/Light Industrial |
Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
Use Type | Uses Permitted With a Special Permit |
Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing Emergency Shelters |
Supportive housing may be located on the ground floor with a special permit. | |
Use Type | Uses Permitted With a Use Permit |
Commercial Use Types | Retail Sales Retail Service 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. |
Other Regulations | |
Minimum Lot Area | 10,000 square feet. |
Minimum Lot Width | Sixty feet (60'). |
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. |
Maximum Ground Coverage | Fifty percent (50%). |
Maximum Building Height | Fifty feet (50'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the non-nuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
ML: LIMITED INDUSTRIAL | |
|---|---|
Principal Permitted Uses | |
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Administrative, business and professional offices. (From Section INL#314-43(a)(2)) | |
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) | |
Emergency shelters. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Uses Permitted With a Use Permit | |
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04) | |
Animal hospitals and kennels. | |
Animal feed and sales yards. | |
Manufacture of furniture, finished paper and paper products. | |
Mini-storage. | |
Emergency dependent unit villages and alternative lodge parks. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). |
Minimum Lot Width | (None specified.) |
Minimum Yard Setbacks* | |
Front | Fifty feet (50'); |
Rear | Fifty feet (50'); |
Side | Ten percent (10%) of average-lot width but not less than twenty-five feet (25'). |
Maximum Ground Coverage | Twenty-five percent (25%). |
Maximum Building Height | Seventy-five feet (75'). |
Special Regulations | All manufacturing and fabricating areas shall be enclosed in buildings; and All equipment and materials storage areas adjacent to Residential (RS, R-1, R-2, R-3, R-4) Zones shall be screened by walls, fences or adequate plantings to a height of not less than six (6) feet; and Said fencing and screening shall conform to all yard requirements. |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
MH: HEAVY INDUSTRIAL | |
|---|---|
Principal Permitted Uses | |
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) | |
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) | |
Administrative, business and professional offices. (From Section INL#314-43(a)(2)) | |
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) | |
Animal hospitals and kennels. (From Section INL#314-43(b)(2)) | |
Animal feed and sales yards. (From Section INL#314-43(b)(3)) | |
Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) | |
Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities which are conversions of existing buildings. | |
Uses Permitted With a Use Permit | |
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) | |
Emergency dependent unit villages and alternative lodge parks. | |
All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). (From Section INL#314-43(c)) |
Minimum Lot Width | (None specified.) (From Section INL#314-43(c)) |
Minimum Yard Setbacks* | |
Front | Fifty feet (50'); (From Section INL#314-43(c)) |
Rear | Fifty feet (50'); (From Section INL#314-43(c)) |
Side | Ten percent (10%) of average-lot width but not less than twenty-five feet (25'). (From Section INL#314-43(c)) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Seventy-five feet (75'). (From Section INL#314-43(c)) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024)
4.1 AV: AIRPORT ZONE
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
AV: AIRPORT | |
|---|---|
Principal Permitted Uses | |
Airports, heliports and landing strips for aircraft. | |
Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. | |
Sales and rental of aircraft and aviation supplies and equipment. | |
Uses Permitted With a Use Permit | |
Any other residential, agricultural, recreational, commercial or industrial use. | |
Manufactured homes. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AV Zone. | |
Other Regulations | |
Minimum Lot Area | (None specified.) |
Minimum Lot Width | (None specified.) |
Minimum Yard Setbacks* | |
Front | (None specified.) |
Rear | (None specified.) |
Side | (None specified.) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted only upon securing of a Use Permit. |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
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. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL)
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
PF2: PUBLIC FACILITY (RURAL) | |
|---|---|
Principal Permitted Uses | |
Essential services and minor utilities | |
Community assembly | |
Commercial and non-commercial recreation | |
Education and research | |
General Agriculture and Timber Production | |
Caretakers and other incidental residence | |
Uses Permitted With a Use Permit | |
Extensive impact civic uses, solid waste disposal. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF Zone. | |
Other Regulations | |
Minimum Lot Area | (None Specified) |
Minimum Lot Width | (None Specified) |
Minimum Yard Setbacks* | |
Front | (None Specified) |
Rear | (None Specified) |
Side | (None Specified) |
Maximum Ground Coverage | (None Specified) |
Maximum Building Height | 35' |
* Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|
Use Type | Principal Permitted Use |
Agricultural and Resource Use Types | General Agriculture Timber Production |
Civic Use Types | Public Recreation and Open Space Community Assembly |
Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation Boating Facilities |
Use Type | Conditionally Permitted Use |
Residential Use Types | Caretaker’s Residence |
Commercial Use Types | Temporary RV Park |
Civic Use Types | Administrative 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 |
Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining 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 PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019)
5.1 DF: DESIGN FLOODWAY ZONE
The Design Floodway or DF Zone is intended to be applied to areas which lie in a designated floodway, as defined in Section 8402 of the Water Code of the State of California, and such Design Floodway or DF Zone is intended to comply with Section 8410 of said Code. The Design Floodway or DF Zone is intended to prohibit such structures in the zone as might endanger life or significantly restrict the carrying capacity of the designated floodway. (Former Section INL#314-55; Ord. 542, Sections 9-12, 2/8/66)
DF: DESIGN FLOODWAY | |
|---|---|
Principal Permitted Uses | |
General agriculture, nurseries, animal sales and feed yards except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Recreational uses not requiring permanent structures. | |
Uses Permitted With a Use Permit | |
Permanent structures appurtenant to any Principal Permitted use in this Section. Principal Permitted Uses, which do not endanger life or significantly restrict the carrying capacity of the designated floodway. | |
Commercial and industrial uses not requiring permanent buildings which are compatible with permitted uses or with contiguous zones. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the DF Zone. | |
Other Regulations | |
Minimum Lot Area | Five acres (5a). (From Section INL#314-52(c)(3)) |
Minimum Lot Width | 300 feet. (From Section INL#314-52(c)(3)) |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). (From Section INL#314-52(c)(3)) |
Rear | Twenty feet (20'). (From Section INL#314-52(c)(3)) |
Side | Ten feet (10'). (From Section INL#314-52(c)(3)) |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in title III, Division 3, Chapter 5 of the Humboldt County Code.
(Former Section INL#314-55(a)(1-2); INL#314-55(b)(1-2); INL#314-55(c); Ord. 1086, Sections 14 and 15, 7/13/76)
5.2 FP: FLOOD PLAIN ZONE
The Flood Plain or FP Zone is intended to be applied to areas which have been inundated by flood waters in the past and which may reasonably be expected to be inundated by flood waters in the future. The Flood Plain Zone is intended to limit the use of areas subject to such inunda-tion and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones. (Former Section INL#314-52; Ord. 1086, Sections 14 and 15, 7/13/76)
FP: FLOOD PLAIN | |
|---|---|
Principal Permitted Uses | |
General agriculture, nurseries and greenhouses, and animal sales and feed yards except as provided in the following subsection, Uses Permitted With a Use Permit. | |
Temporary recreational vehicle parks. | |
Roadside stands. | |
Recreational uses, including public stables, docks, boat houses, golf courses, and shooting ranges. | |
Uses Permitted With a Use Permit | |
Residential uses including farm dwellings. | |
Commercial and industrial uses which, in the opinion of the Planning Commission, are compatible with contiguous zones. | |
Recreational uses requiring enclosed buildings. | |
Special occupancy parks. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the FP Zone. | |
Other Regulations | |
Minimum Lot Area | Five acres (5a). |
Minimum Lot Width | 300 feet. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Twenty feet (20'). |
Side | Ten feet (10'). |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in title III, Division 3, Chapter 5 of the Humboldt County Code.
(Former Section INL#314-52(a)(1-4); INL#314-52(b)(1-4); INL#314-52(c)(1-3); Amended by Ord. 1086, Sections 14 and 15, 7/13/76; Amended by Ord. 2166, Sec. 17, 4/7/98)
6.1 RS: RESIDENTIAL SUBURBAN ZONE
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
RS: RESIDENTIAL SUBURBAN | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings. | |
Accessory dwelling unit. | |
Servants’ quarters and guest houses. | |
Keeping of no more than eight (8) household pets on each lot. | |
Uses Permitted With a Use Permit | |
Private institutions. | |
Private recreation facilities, including golf courses. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RS Zone. | |
Other Regulations | |
Minimum Lot Area | One acre (1a). |
Minimum Lot Width | One hundred twenty-five feet (125'). |
Minimum Lot Depth | One hundred ten feet (110'). |
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')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except 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 Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
Principal Permitted Uses | |
One (1) family dwelling. | |
Accessory dwelling unit. | |
Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Rooming and boarding of not over two (2) persons not employed on the premises. | |
Keeping of no more than four (4) household pets on each lot. | |
Uses Permitted With a Use Permit | |
Guest houses and servants quarters. | |
Public and private noncommercial recreation facilities, including golf courses. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-1 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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 Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings. | |
Two (2) family dwellings. | |
Accessory dwelling unit. | |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Rooming and boarding of not more than two (2) persons not employed on the premises. | |
Keeping of no more than four (4) household pets for each dwelling unit. | |
Uses Permitted With a Use Permit | |
Guest houses and servants quarters. | |
Private institutions. | |
Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as may be modified by a combining zone. | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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 | Forty percent (40%). |
Maximum Building Height | Thirty-five feet (35'). |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|
Principal Permitted Uses | |
Two (2) family dwellings. (Amended by Ord. 2166, 4/7/98) | |
Accessory dwelling unit. | |
Dwelling groups and multiple dwellings containing four (4) or fewer units per building. | |
Tiny house villages and dependent unit villages with connection to public water and wastewater. | |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. | |
Emergency dependent unit villages. | |
Keeping of no more than two (2) household pets for each dwelling unit. | |
Emergency shelters. | |
Single-room occupancy facilities. | |
Uses Permitted With a Special Permit | |
Tiny house villages and dependent unit villages without connection to public water and wastewater. | |
Uses Permitted With a Use Permit | |
Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended by Ord. 2335, 12/14/04) | |
Alternative lodge parks. | |
Private institutions. | |
Professional offices. | |
One (1) family dwellings and accessory dwelling units 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. (Added by Ord. 2166, Sec. 12, 4/7/98) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-3 Zone. | |
Other Regulations | |
Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwelling unit. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty feet (20'). |
Rear | Ten feet (10'). |
Interior Side | Five feet (5'). |
Exterior Side | Same as front or one-half 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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks 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. |
Special yards for multiple dwellings on the same lot | The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214, 6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two (2) stories. |
Maximum Ground Coverage | Sixty percent (60%). |
Maximum Building Height | Forty-five feet (45'). |
Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s). (Added by Ord. 2313A, 12/16/03) |
Design Considerations (Advisory only) | The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project. (Added by Ord. 2313A, 12/16/03) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL |
|---|
Principal Permitted Uses |
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98) |
Tiny house villages and dependent unit villages with connection to public water and wastewater. |
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
Professional and business offices. |
Commercial instruction. |
Boarding and rooming houses. |
Keeping of no more than two (2) household pets for each dwelling unit. |
Manufactured home parks. |
Single-room occupancy facilities. |
Uses Permitted With a Special Permit |
Tiny house villages and dependent unit villages without connection to public water and wastewater. |
Uses Permitted With a Use Permit |
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04) |
Alternative lodge parks. |
Private institutions. |
Social halls and fraternal and social organizations. |
Noncommercial recreation facilities. |
Mortuaries. |
Small animal hospitals completely enclosed within a building. |
One (1) family dwellings 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. (Added by Ord. 2166, Sec. 13, 4/7/98) |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone. |
R-4: APARTMENT PROFESSIONAL | |
|---|---|
Other Regulations | |
Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwelling unit. |
Minimum Lot Width | Fifty feet (50'). |
Maximum Lot Depth | Three (3) times lot width. |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Ten (10) feet. |
Interior Side | Five (5) feet. |
Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classify the subject street.) |
Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet 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. |
Special yards for multiple dwellings on the same lot | The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214, 6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two (2) stories. |
Maximum Ground Coverage | Sixty percent (60%). |
Maximum Building Height | Forty-five feet (45'). |
Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s). (Added by Ord. 2313A, 12/16/03) |
Design Considerations (Advisory Only) | The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project. (Added by Ord. 2313A, 12/16/03) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 2167, Sec. 16, 4/7/98) |
Civic Use Types | Minor Utilities |
Agricultural Use Types | General Agriculture |
Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended by Ord. 2167, Sec. 16, 4/7/98) |
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 |
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. |
314-6.6 | 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 acre | 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 | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended by Ord. 2167, Sec. 16, 4/7/98) | |
Minimum Yard Setbacks* | Minimum Lot Size Less Than 2.5 Acres | Minimum Lot Size 2.5 Acres or Greater |
Front | Twenty (20) feet | Twenty (20) feet; thirty (30) feet for flag lots |
Rear | Ten (10) feet | Thirty (30) feet |
Interior Side | Five (5) feet | Thirty (30) feet |
Exterior Side | Twenty (20) feet | Thirty (30) feet |
Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for vehicular turnaround on the lot. | The Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for vehicular turnaround on the lot. |
Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
Maximum Ground Coverage | Thirty-five percent (35%) | |
Maximum Structure Height | Thirty-five (35) feet | |
Permitted Main Building Types | Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group | |
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024)
7.1 AE: AGRICULTURE EXCLUSIVE ZONE
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
AE: AGRICULTURE EXCLUSIVE | |
|---|---|
Principal Permitted Uses | |
All general agricultural uses, including accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
Timber production. | |
Single-family residence. | |
Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended by Ord. 1949, Sec. 1, 12/4/91; Amended by Ord. 2189, Sec. 1, 2/9/99) | |
Manufactured homes. | |
Uses Permitted With a Use Permit | |
Hog farms, turkey farms, frog farms and fur farms. | |
Aquaculture. | |
Animal feed yards and sales yards. | |
Agricultural and timber products processing plants. | |
Agriculture-related recreation, resource-related recreation. | |
Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of the principal use. | |
Public recreation and public access facilities. | |
Rental and sales of irrigation equipment and storage incidental thereto. | |
Animal hospitals. | |
Stables and kennels. | |
Farm employee housing, labor camps and labor supply camps (Table 4-G). | |
Fish and wildlife habitat management, watershed management, wetland restoration. | |
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. | |
Metallic mining, surface mining. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. | |
Other Regulations | |
No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessory structures. |
Agricultural Land Conversion | Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the amount of the financial contribution, shall be established by ordinance. |
Conversion of Prime Agricultural Land | Development on agriculture exclusive or AE Zone land shall be designed to the maximum extent feasible to minimize the placement of buildings, impermeable surfaces or nonagricultural uses on land as defined in Government Code Section 51201(c)(1) through (c)(5) as prime agricultural lands. Except for the construction of the primary single-family residence or a second residence within the same contiguous two (2) acre building envelope containing the existing primary residence, prime agricultural land shall not be converted without provisions for mitigation offsets, as specified in the “no net loss” agricultural lands policy above. |
Minimum Lot Area | Sixty (60) acres. Exceptions to the minimum parcel size for the purpose of historic preservation may be approved, where the following findings are made: A. The site or structure qualifies and is included on a local, State or Federal historic registry; and B. The viability of continued agricultural operations is not inhibited; and C. No additional density beyond what would be permitted as part of the existing agricultural operations is created. |
Minimum Lot Width | One hundred (100) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Thirty (30) feet; |
Rear | Twenty (20) feet; |
Side | Ten percent (10%) of the lot width on each side but not more than twenty (20) feet shall be required. |
Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Two (2) acres maximum. |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#314-18 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.2 | AG: AGRICULTURE GENERAL |
|---|---|
Principal Permitted Uses | |
General agriculture, including accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
One (1) family dwellings and farm dwellings, accessory dwelling units. | |
Rooming and boarding of not more than two (2) persons not employed on the premises. | |
Manufactured homes. | |
Uses Permitted With a Use Permit | |
Guest houses, servants’ quarters, labor camps and labor supply camps. | |
Hog farms, turkey farms, frog farms and fur farms. | |
Animal feed lots and sales yards. | |
Agricultural and timber products processing plants. | |
Rental and sales of irrigation equipment and storage incidental thereto. | |
Animal hospitals and kennels. | |
Golf courses. (Amended by Ord. 2189, Sec. 1, 2/9/99) | |
Private institutions and cemeteries. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AG Zone. | |
Other Regulations | |
Minimum Lot Area | Two and one-half (2 ½) acres. |
Minimum Lot Width | Sixty (60) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet; |
Rear | Twenty (20) feet; |
Side | Six (6) feet. |
Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Thirty-five percent (35%). |
Maximum Building Height | Thirty-five (35) feet. (Ord. 1086, Sec. 6, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
FR: FORESTRY RECREATION | |
|---|---|
Principal Permitted Uses | |
One (1) family dwellings and farm dwellings. | |
Accessory dwelling units. | |
General agriculture, nurseries and greenhouses, and roadside stands. | |
Public and private noncommercial recreational uses, including golf courses and public stables. | |
Social halls, fraternal and social organizations, and clubs. | |
Manufactured homes. | |
Uses Permitted With a Special Permit | |
Single-room occupancy facilities. | |
Uses Permitted With a Use Permit | |
Hotels, motels, special occupancy parks and manufactured home parks. (Amended by Ord. 2166, Sec. 10, 4/7/98) | |
Two (2) family and multiple dwellings. | |
Restaurants, food markets and automobile service stations, and commercial recreational facilities. | |
Agricultural and timber products processing plants. | |
Private institutions and cemeteries. | |
Hog farms, turkey farms, frog farms and fur farms. | |
Animal hospitals and kennels. | |
Wrecking and salvage yards. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the FR Zone. | |
Other Regulations | |
Minimum Lot Area | One (1) acre. |
Minimum Lot Width | Two hundred (200) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Twenty (20) feet. |
Side | Ten (10) feet. |
Maximum Ground Coverage | (None specified.) |
Maximum Building Height | Thirty-five (35) feet. (Ord. 1086, Sec. 4, 7/13/76) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
TPZ: TIMBERLAND PRODUCTION | |
|---|---|
Principal Permitted Uses | |
Growing and harvesting of timber and accessory uses compatible thereto. | |
Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00) | |
Principal Permitted Uses Compatible with Timber Production | |
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) | |
Management for watershed and wetland restoration. | |
Management for fish and wildlife habitat. | |
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers and portable sawmills are considered a part of “processing”). | |
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. | |
Grazing and other agricultural uses. | |
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6, Special Restrictions Regarding Residences. | |
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations. | |
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90) | |
Uses Permitted With a Use Permit | |
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98) | |
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill. | |
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19) | |
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19) | |
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19) | |
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98) | |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19) | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. | |
7.4.1 Other TPZ Regulations.
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences.
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
Principal Permitted Uses | |
Growing and harvesting of timber and accessory uses compatible thereto. | |
Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). | |
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6, Special Restrictions Regarding Residences. | |
Management for watershed and wetland restoration. | |
Management for fish and wildlife habitat. | |
A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers and portable sawmills are considered a part of “processing”). | |
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. | |
Grazing and other agricultural uses. | |
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations. | |
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. | |
Cottage industry, subject to cottage industry regulations. | |
Uses Permitted With a Use Permit | |
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill. | |
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. | |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. | |
Public recreation and public access facilities. | |
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. | |
Oil and gas drilling and processing, metallic mining, surface mining. | |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone. | |
Other Regulations | |
Minimum Lot Area | Forty (40) acres. |
Minimum Lot Width | One hundred (100) feet. |
Maximum Lot Depth | (None specified.) |
Minimum Yard Setbacks* | |
Front | Thirty (30) feet; |
Rear | Twenty (20) feet; |
Side | Ten percent (10%) of the lot width on each side but not more than twenty (20) feet shall be required. |
Outbuildings | Outbuildings shall not be less than twenty (20) feet from any dwelling on the premises. |
Maximum Ground Coverage | Thirty-five percent (35%). |
Maximum Building Height | (None specified.) |
* Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations.
7.6.1.1 Jurisdiction.
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions.
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022)
8.1 U: UNCLASSIFIED ZONE
As provided in this Code, all of the unincorporated area of the County not otherwise zoned is designated as the Unclassified or U Zone. This area has not been sufficiently studied to justify precise zoning classifications. The following Code sections have been adopted to protect the health, safety and general welfare of the citizens and to insure orderly development in conformance with the General Plan. (Former Section INL#314-2(a); Ord. 894, Sec. 1, 12/19/72)
U: UNCLASSIFIED ZONE | |
|---|---|
Principal Permitted Uses | |
One (1) family dwelling. | |
Accessory dwelling unit. | |
General agriculture. | |
Rooming, and boarding of not more than two (2) persons. | |
Manufactured home. | |
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater. | |
Uses Permitted With a Special Permit | |
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, without connection to public water and wastewater. | |
Uses Permitted With a Use Permit | |
Emergency dependent unit villages and alternative lodge parks with a land use designation of Residential-Medium (RM), Commercial General (CG) or Commercial Services (CS). | |
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater. | |
All other uses not specified in the subsection, Principal Permitted Uses, may be permitted upon the granting of a Use Permit. | |
Other Regulations for All Permitted Uses | |
Minimum Lot Area | Six thousand (6,000) square feet. |
Minimum Lot Width | Fifty (50) feet. |
Maximum Lot Depth | Three (3) times the width. |
Minimum Lot Depth | One hundred (100) feet. |
Minimum Yard Setbacks* | |
Front | Twenty (20) feet. |
Rear | Ten (10) feet. |
Side | Five (5) feet. |
Minimum Distance Between Major Buildings | Twenty (20) feet. |
Maximum Ground Coverage | Forty percent (40%). |
Maximum Building Height | (None specified.) |
Other Regulations for Uses Permitted With a Use Permit | |
The building height, site area, setbacks and other requirements for all other uses shall be as required by the Planning Commission in the granting of a Use Permit. | |
(Former Sections INL#314-2(b)(1-4); INL#314-2(c); INL#314-3(a)(1-4); INL#314-3(b)) (Ord. 2678, § 6, 7/13/2021; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
9.1 MU1: MIXED USE (URBAN)
The purpose of the Mixed Use (Urban) or MU1 Zone is to provide for pedestrian-oriented, mixed use development (commercial, office, and higher density residential). The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
314-9.1 | MU1: MIXED USE (URBAN) |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Two (2) Family Dwellings and Multiple Dwellings and Dwelling Groups Single-Family Residential Accessory Dwelling Unit Tiny House Villages and Dependent Unit Villages With Connection to Public Water and Wastewater Emergency Dependent Unit Villages Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House Emergency Shelter |
Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Transient Habitation Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
Use Type | Special Permitted Use |
Residential Use Types | Tiny House Villages and Dependent Unit Villages Without Connection to Public Water and Wastewater |
Use Type | Conditionally Permitted Use |
Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
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 MU Zone. |
Development Standards | |
Minimum Lot Area | Two thousand (2,000) square feet. |
Minimum Lot Width | Twenty-five feet (25'). |
Minimum Yard Setbacks* | |
Front | None, except that where frontage is in a block which is partially in a residential zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such residential zone. |
Rear | Fifteen feet (15'), except that where a rear yard abuts on 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 zone (RS, R-1, R-2, R-3, R-4) or agricultural zone (AE, AG) shall be not less than the front yard required in such residential zone or agricultural zone. |
Maximum Ground Coverage | One hundred percent (100%). |
Maximum Structure Height | Seventy-five feet (75'). |
9.1.1 Other MU1 – Mixed Use (Urban) Regulations.
9.1.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.1.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.1.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.1.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.1.1.2.1All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
9.1.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted.
9.1.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.1.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses and Joint Use, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop and connection With appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
9.1.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.1.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.1.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.1.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.1.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.1.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.1.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.1.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards.
9.2 MU2: MIXED USE (RURAL)
The purpose of the Mixed Use (Rural) or MU2 Zone is to provide for small-scale mixed use development (commercial, office, and residential) for smaller population bases. The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
314-9.2 | MU2: MIXED USE (RURAL) |
|---|---|
Use Type | Principal Permitted Use |
Residential Use Types | Two (2) Family Dwellings Single-Family Residential Accessory Dwelling Unit Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House Emergency Shelter |
Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
Agricultural Use Types | General Agriculture |
Use Type | Conditionally Permitted Use |
Residential Use Types | Multiple Dwellings Containing Four (4) or Fewer Units per Building Manufactured Home Parks Tiny House Villages Dependent Unit Villages Emergency Dependent Unit Villages Alternative Lodge Parks |
Commercial Use Types | Heavy Commercial Transient Habitation |
Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
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 MU Zone. |
Development Standards | |
Minimum Lot Area | Five thousand (5,000) square feet. |
Minimum Lot Width | Fifty feet (50'). |
Minimum Yard Setbacks* | |
Front | Fifteen feet (15'). |
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. (In questionable cases, the Public Works Director shall classify the subject street.) |
Maximum Ground Coverage | Fifty percent (50%). |
Maximum Building Height | Fifty feet (50'). |
9.2.1 Other MU2 – Mixed Use (Rural) Regulations.
9.2.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.2.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.2.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.2.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.2.1.2.1All lighting shall be designed and located so as to confine direct lighting to the premises;
9.2.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted; and
9.2.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.2.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts.
9.2.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.2.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.2.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.2.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.2.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.2.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.2.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.2.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards. (Ord. 2635, § 6, 8/27/2019; Ord. 2693, § 8, 6/7/2022; Ord. 2721, § 8, 7/11/2023; Ord. 2732, § 8, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
42.1 APPLICABILITY
Each and every zone shall be subject to the provisions of this chapter in addition to the requirements and regulations set out in each of the zone regulations. (Former Section INL#316-1, Ord. 519, Sec. 601, 5/11/65)
43.1 ACCESSORY USES
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses.
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314-69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
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. (Former 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; Amended by Ord. 2214, 6/6/00)
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. (Former 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. (Former 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. (Former 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. (Former 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 if the activity was not a nuisance when it began. (Former 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. (Former 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 the Humboldt County Community Development Services Department. 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.”
(Former 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 subsection 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 43.2.4.2 shall be signed by the purchaser or lessee. (Former 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 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former 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 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 may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former 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. (Former 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. (Former 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. (Former 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. (Former 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 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 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. (Former 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: (Former 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
Reference: AP No._________; and/or File No. & Application No.:_________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). 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 314-43.2, 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 314-43.2:
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 Humboldt County Community Development Services Department. 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 314-43.2 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 (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R-1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 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 INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
ANIMAL DENSITY TABLE | ||
|---|---|---|
ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
Large domestic bovine and equine animals | One (1) acre | Two (2) animals plus one (1) 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 (1) 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 (1) animal for each additional five hundred (500) square feet of lot area |
Household pets limited to dogs and cats(d) | No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo 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.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
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. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
ANIMAL ENCLOSURE SETBACKS 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 |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
44.1 REPEALED BY ORD. 2732, § 9, 3/5/2024
(Ord. 2732, § 9, 3/5/2024)
45.1 COTTAGE INDUSTRY
45.1.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in Humboldt County.(Former Section INL#316.3-1; Added by Ord. 1737, Sec. 2, 5/20/86)
45.1.2 Applicability.
45.1.2.1Notwithstanding any other provisions of this Code to the contrary, Cottage Industries, as defined in this Code, that meet all the criteria of the following Performance Standards section, shall be permitted as appurtenant and accessory uses to a principally permitted residential use in any FR, TPZ, AE, AG, RS, R-1 or U zone district. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86, Amended by Ord. 2166, 4/7/98)
45.1.2.2Cottage Industries that do not meet all the criteria of the following Performance Standards section, may be permitted as an accessory use with a Special Permit subject to the provisions of this chapter, in any of the following zoning districts: FR, TPZ, AE, AG, RS, R-1 and U. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.3 Performance Standards for Cottage Industries Permitted As Appurtenant and Accessory Uses. Cottage industries allowed as principally permitted appurtenant and accessory uses to existing residential uses shall comply with all the following performance standards: (Former Section INL#316.3-3; Amended by Ord. 2166, 4/7/98)
45.1.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section INL#316.3-3(a); Amended by Ord. 2166, 4/7/98)
45.1.3.2The dwelling on the site shall be occupied by the owner of the cottage industry; and (Former Section INL#316.3-3(b); Amended by Ord. 2166, 4/7/98)
45.1.3.3The cottage industry shall occupy no more than twenty-five percent (25%) or 1,000 square feet (whichever is less) of the floor area of the dwelling or accessory structure in which the cottage industry is located; and (Former Section INL#316.3-3(c); Amended by Ord. 2166, 4/7/98)
45.1.3.4The 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 INL#316.3-3(d); Amended by Ord. 2166, 4/7/98)
45.1.3.5There 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 INL#316.3-3(e); Amended by Ord. 2166, 4/7/98)
45.1.3.6No persons other than residents of the dwelling shall be employed to conduct the cottage industry; and (Former Section INL#316.3-3(f); Amended by Ord. 2166, 4/7/98)
45.1.3.7There shall be no sale of merchandise on the premises; and (Former Section INL#316.3-3(g); Amended by Ord. 2166, 4/7/98)
45.1.3.8All 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 INL#316.3-3(h); Amended by Ord. 2166, 4/7/98)
45.1.3.9All lights shall be directed on site and shielded to reduce glare to adjacent areas; and (Former Section INL#316.3-3(i); Amended by Ord. 2166, 4/7/98)
45.1.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section INL#316.3-3(j); Amended by Ord. 2166, 4/7/98)
45.1.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section INL#316.3-3(k); Amended by Ord. 2166, 4/7/98)
45.1.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section INL#316.3-3(l); Amended by Ord. 2166, 4/7/98)
45.1.3.13All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section INL#316.3-3(m); Amended by Ord. 2166, 4/7/98)
45.1.3.14Hours of operation shall be 9 AM to 5 PM Monday through Friday. (Former Section INL#316.3-3(n); Amended by Ord. 2166, 4/7/98)
45.1.3.15One sign is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is non-flashing. (Former Section INL#316.3-3(o); Amended by Ord. 2166, 4/7/98)
45.1.3.16The total land area occupied by the cottage industry and the principal use including portions of the lot occupied by buildings, storage areas and work places devoted to the cottage industry shall not exceed two (2) acres or the maximum coverage allowed in the zone district, whichever is less. (Former Section INL#316.3-3(p); Amended by Ord. 2166, 4/7/98)
45.1.3.17A business license shall be approved for the Cottage Industry. (Former Section INL#316.3-3(q); Amended by Ord. 2166, 4/7/98)
45.1.4 Modification of Performance Standards for Cottage Industries Allowed With a Special Permit. With a Special Permit, the Hearing Officer may modify the performance standards in subsections 314-45.1.3.3, 45.1.3.5, 45.1.3.6, 45.1.3.7, 45.1.3.10, 45.1.3.13, 45.1.3.14, 45.1.3.15 and 45.1.3.16. (Former Section INL#316.3-4, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.5 Auto Repair as a Cottage Industry.
45.1.5.1 Applicability. With a Use Permit, auto repair as a cottage industry may be permitted in the TPZ, AE, AG and FR Zones when located outside Community Planning Areas, or when specifically authorized by the Community Plan and located outside Urban Expansion Areas. (Former Section INL#316.3-6(a)(1))
45.1.5.2 Performance Standards.
45.1.5.2.1All activities shall be conducted in an enclosed building. (Former Section INL#316.3-7(b)(1))
45.1.5.2.2The number of vehicles that may be parked on the premises at any time shall be determined by the Hearing Officer. All vehicles may be required to be kept behind an enclosed fenced area. (Former Section INL#316.3-6(b)(2))
45.1.5.2.3There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building. Fencing or screening may be required. (Former Section INL#316.3-6(b)(3))
45.1.5.2.4The applicant shall maintain a service agreement with a competent waste handler chosen from a list provided by the Hazardous Waste Management Section of the State Department of Health Services, for the periodic removal and recycling of all batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the County Health Department. (Former Section INL#316.3-6(b)(4); Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 1842, Sec. 14, 8/16/88)
46.1 DAY SHELTERS
46.1.1 Purpose. The purpose of these regulations is to allow and facilitate development of day shelters, which are emergency shelters that provide services to people experiencing homelessness but do not provide overnight accommodations. Day shelters must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
46.1.2 Applicability. Day shelters as defined in this Code, that meet all of the following requirements, are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts except as otherwise specified.
46.1.3 Site Requirements.
46.1.3.1Day shelters must have on-site staff through a provider.
46.1.3.2Exterior lighting must be directed in a manner that does not cast light into neighboring properties and public rights-of-way.
46.1.3.3Common facilities may be provided for clients, including but not limited to cooking and dining, recreation, counseling, child care, and other support services.
46.1.4 Day Shelter Provider. The shelter must be operated by a provider who monitors compliance with its written management plan that specifies the hours of operation and describes the services provided.
46.1.4.1Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices. (Ord. 2719, § 2, 7/11/2023)
47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and City-owned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2* EMERGENCY SHELTERS
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314-140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards.
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
* Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
(Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023)
50.1 HOME OCCUPATIONS AND ADDRESSES OF CONVENIENCE
50.1.1 Home Occupations Permitted. A permit is required to carry out a home occupation. Home occupations, as defined in this Code, shall be permitted as appurtenant and accessory uses to any residential use. An application for a home occupation permit shall be accompanied by an application fee in the amount as established by resolution of the Board of Supervisors. (Former Section INL#316-8(a); Ord. 519, Sec. 608, 5/11/65; Amended by Ord. 1280 Sec. 1, 10/10/78)
50.1.2 Home Occupation Requirements. A Home Occupation is any use which, as determined by the Planning Commission, is entirely carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling and which:
50.1.2.1Is confined completely within the dwelling and occupies not more than twenty-five per cent (25%) of the gross area of one floor thereof; and (Former Section INL#312-34(a); Ord. 519, Sec. 233, 5/11/65)
50.1.2.2Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the occupation; and (Former Section INL#312-34(b); Ord. 519, Sec. 233, 5/11/65)
50.1.2.3Is carried on by the members of the family occupying the dwelling, with no other person employed; and (Former Section INL#312-34(c); Ord. 519, Sec. 233, 5/11/65)
50.1.2.4Produces no 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 INL#312-34(d); Ord. 519, Sec. 233, 5/11/65)
50.1.2.5Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which located; and (Former Section INL#312-34(e); Ord. 519, Sec. 233, 5/11/65)
50.1.2.6Meets the requirements of the Chief Building Inspector and fire district of jurisdiction; and (Former Section INL#312-34(f); Ord. 519, Sec. 233, 5/11/65)
50.1.2.7Requires no addition or extensions to, or structural electrical or plumbing alterations in the dwelling; and (Former Section INL#312-34(g); Ord. 519, Sec. 233, 5/11/65)
50.1.2.8Hospitals, sanitariums, antique shops, eating establishments, bakeries, barber shops, beauty shops and animal hospitals shall not be deemed to be home occupations, and (Former Section INL#312-34(h); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9The home occupation involves no equipment other than that customarily used in dwellings, except that with a Special Permit, the Hearing Officer may, in particular cases, modify the provisions of subsections 50.1.2.3. and 50.1.2.7 for locations outside community planning areas if the following findings are made: (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.1No more than one other non-resident of the dwelling may be employed in the conduct of the home occupation; and (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.2Interior and exterior physical alterations to the residence must retain the residential character of the structure. (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.3 Address of Convenience. A permit is required for an address of convenience. Due to the low potential for significant impacts on the neighborhood, an Address of Convenience as defined by this Code, may be approved without the analysis and review required of other home occupations. (Former Section INL#316-8(b); Added by Ord. 1848, Sec. 16, 9/13/88)
54.1 LOW BARRIER NAVIGATION CENTERS
54.1.1 Purpose. These regulations are intended to facilitate development of low barrier navigation centers as set forth in California Government Code Sections 65660 to 65663. A low barrier navigation center is a Housing First, service-enriched shelter that provides temporary living facilities for individuals experiencing homelessness, where case managers connect clients to income, public benefits, health services, shelter, and housing with the intent to move people toward permanent housing. Low barrier navigation centers must be operated by a government agency, religious institution, or nonprofit organization. “Low barrier” means using best practices to reduce barriers to entry, including but not limited to the following:
54.1.1.1The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
54.1.1.2Pets.
54.1.1.3The storage of possessions.
54.1.1.4Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.
54.1.2 Applicability. A low barrier navigation center as defined in this Code is principally permitted in C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts; provided, that it meets the following requirements:
54.1.2.1It offers services to connect people to permanent housing through a provider’s services plan that identifies services staffing.
54.1.2.2It is linked to a coordinated entry system, so that staff in the center or staff who co-locate in the center may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
54.1.2.3It complies with Housing First, Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
54.1.2.4It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
54.1.2.5No individual or household shall be denied housing and shelter because of inability to pay.
54.1.3 Development Standards.
54.1.3.1 Lighting. Adequate external lighting must be provided. The lighting shall be stationary, and directed away from adjacent properties and public rights-of-way.
54.1.3.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with Housing First practices.
54.1.3.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
54.1.3.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
54.1.3.5 Service Provider. The agency or organization operating the navigation center must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
54.1.3.6 Maximum Unit Density. Low barrier navigation centers located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the density standard of the General Plan, but the number of beds is limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
54.1.3.7 Proximity to Other Shelters. Principally permitted low barrier navigation centers may not be located within three hundred (300) feet of each other, or within three hundred (300) feet of any emergency shelter.
54.1.3.8 Exceptions. Exceptions to each of the development standards in Sections 54.1.3.1 through 54.1.3.7 may be allowed with a special permit. (Ord. 2719, § 4, 7/11/2023)
55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana 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 primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three 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; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana 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 medical marijuana 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 residential cultivation of medical marijuana 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 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 marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 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 constructed 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 the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana 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, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
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.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet 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 medical marijuana cultivation for personal use, which does not exceed 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 fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana 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 residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana 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 medical marijuana 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 residence, no odor of medical marijuana 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 residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana 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 non-cultivation 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 medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana 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 medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana 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 medical marijuana 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 residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana 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 medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana 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 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana 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 primary needs: the needs of patients and their caregivers to have access to medical marijuana; 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 medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three 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; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana 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 medical marijuana on parcels five (5) acres or less in size 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 activities on parcels five (5) acres or less in size, 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 any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 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 constructed 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 the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana 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 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
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.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
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.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’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.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
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 Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana 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 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use 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, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur 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 may occur within 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 medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one 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” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
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 residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana 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 medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana 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 medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; 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, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review.
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs.
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting.
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
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 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 medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
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 medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation.
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical 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.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical 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, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical 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.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All 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. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
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 medical 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 medical 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 medical 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.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining 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 the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, 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 medical 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 medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 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 for any proposed medical cannabis Dispensary within 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 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical 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 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical 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 application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is 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 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 secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient 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 medical 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 medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, 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 conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical 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. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis 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 medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; 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 the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical 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
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 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 medical cannabis; and
55.3.11.10All medical 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
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis 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
55.3.11.15Medical cannabis Dispensaries 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 or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance 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.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical 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. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland 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, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
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 Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene 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 outside of 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. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
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 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 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, 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.
55.4.3.6 Wherever 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.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the 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, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No 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, or use permit required under this section.
55.4.3.13 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 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 Division 2 of this title.
“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 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.
“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 aboveground 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 to 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.
“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 water body. 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.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“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 water body 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 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 water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“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 outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“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 group 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, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“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 service 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 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 314-55.3.
“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 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“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 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 ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“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 nontribal members.
“Water body” 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. “Water body” 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.
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
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): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. 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 community planning areas (CPAs) identified herein. 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 314-55.4.5.1.4.1 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, or use permit for commercial cannabis activity, 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 this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue 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;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 314-55.4.6.1.2.3.
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 clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire 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. 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 time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special 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.
55.4.5.8.2 The 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 shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On 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; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions 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.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
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 zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
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.
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. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water 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 314-55.4.12.1.8.
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.
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.
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. 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. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks.
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line.
55.4.6.4.4.1.2 Residences 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.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, 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.
55.4.6.4.4.1.4 Tribal 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. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. 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 surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
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 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within 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 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 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 this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing 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.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation 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. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites.
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within 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 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements 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.
55.4.6.5.1.2.5The 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.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In 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, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. 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.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use 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:
55.4.6.5.6.2.1Keeping 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.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing 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.
55.4.6.5.7 Provisional Permitting. An application for 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 no more than two (2) years after the 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 then 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.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 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:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE 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 314-55.4.12, 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.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special 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 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 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 special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. 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. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, 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. 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 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 activities, 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 and cannabis waste products, imported soil and soil amendments not incorporated into native soil, generators, pumps, and structures not associated with 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 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, 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.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
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) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
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. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, off-site processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 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
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. 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 314-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314-55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 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 sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. 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 314-55.4.6.4.4.1.3, 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 in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 314-55.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An 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 principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion.
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 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 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All 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 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, 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. 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. 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.
55.4.10.5 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 use permit as required by Section 314-62.1, 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 (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 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: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) 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.
55.4.10.7 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. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The 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. 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.
55.4.10.8 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 as specified in Section 314-60.05 (“Short-Term Rentals”).
55.4.10.9 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.
55.4.10.10 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.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: 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, tribal cultural resources, 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 preexisting 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.
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). 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.
55.4.12.1 Performance Standards for All Commercial Cannabis 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.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain 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.
55.4.12.1.3 Where 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.
55.4.12.1.5 Consent 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 – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply 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:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or 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 center-line 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 the 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).
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,” which was 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 nonpoint 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 storm water 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.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
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 |
3.4-5 | Waters of the United States |
3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, 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 participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. 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 contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
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 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed 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 pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water 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 Management of Waste and Hazardous Materials.
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: 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.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan 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.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include 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 Inadvertent Discovery of Archaeological and Paleontological Resources.
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), shall 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 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:
55.4.12.2.1 All 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.
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.
55.4.12.2.4 All 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.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All 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.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
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 so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any 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 314-55.4.5.3.
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:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid 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 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. Noise from cultivation and related activities shall not result in an increase of more than three 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 or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where 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.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details 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. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All 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 and will be used to assist in identifying and establishing an appropriate forbearance period. 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, 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.
55.4.12.7.2 Forbearance Period and Storage Requirements.
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping.
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a 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:
55.4.12.8.1 Ponds and Reservoirs.
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To 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.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All 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 time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting 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.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited 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. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) 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. These tests shall be 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.
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 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 be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance 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.
All relocated road segments must be fully decommissioned and restored to pre-disturbance 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.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
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).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations.
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 314-55.4.6.1.1 (AE, AG, FR, and U), 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 314-55.4.12.1.8.5. 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.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All 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).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways.
55.4.12.14.2.5.1 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.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All 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.
55.4.12.14.2.5.2.2Driveways 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.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The 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.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking.
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites 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.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour 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.
55.4.12.15.1.3Travel 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.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to 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. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
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.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification 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 314-43.2, 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 Inland 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.
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 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. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
314-56.5 COMMERCIAL RESIDENTIAL DEVELOPMENT
56.5.1 Purpose. The purpose of these regulations is to allow dwellings and mixed-use development within commercial and limited industrial areas to encourage housing development and infill.
56.5.2 Applicability. These regulations shall apply in Neighborhood Commercial (C-1), Community Commercial (C-2), Industrial Commercial (C-3), Highway Service Commercial (CH), and Business Park (MB) where the property is served by public water and sewer service including service from a Community Services District. In these Zones not served by public water and sewer a Special Permit is required.
56.5.3 Development Standards for Commercial Residential.
56.5.3.1 Site Eligibility. Commercial residential cannot be on a site or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
56.5.3.2 Density. The maximum residential density shall be thirty (30) dwelling units per acre. If only residential use is proposed on a vacant lot, there shall be a minimum residential density of fifteen (15) dwelling units per acre.
56.5.3.2.1 Density Bonus. Density may exceed the maximum of thirty (30) dwelling units per acre if the affordability provisions are met. Eligibility criteria for Density Bonus is codified in Section 314-112.1.
56.5.3.3 Parking. With approval of an administrative permit, a commercial residential project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop with a clear path of travel and connection with appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
56.5.3.3.1 Exceptions to Parking Standards. Parking standards for new residential units allowed as a commercial residential development shall not apply if the commercial residential development is located within one-half (1/2) mile walking distance of public transit with a clear path of travel and connection with appropriate pedestrian and bicycle facilities.
56.5.3.4 Existing Commercial Use. Conversion of existing commercial space into residential space shall not result in the eviction of existing businesses, except for housing developments allowed by right pursuant to Government Code Section 65852.24 which shall comply with Government Code Section 65852.24(c).
56.5.3.5 No Short-Term Rentals. Rental of any unit created pursuant to this section shall be for a term longer than thirty (30) days. (Ord. 2747, § 2, 10/1/2024)
58.1 PUBLIC USES
Public uses as defined in this Code, shall be permitted in any zone without the necessity of first obtaining a Use Permit. However, the locations of proposed public uses shall be submitted to the Planning Commission for recommendation at least thirty (30) days prior to the acquisition of sites or rights-of-way for the public use. (Former Section INL#316-14; Ord. 519 Sec. 614, 5/11/65)
59.1 REMOVAL OF NATURAL MATERIALS
Surface removal of minerals and natural materials, including building and construction materials to be used for commercial purposes, shall be allowed in any zone with a use permit. A discretionary (special or conditional use) permit is not required for onsite excavation and removal of material for normal construction of buildings, structures or underground facilities, or where such removal is primarily for grading and land leveling, except where the activity is subject to the Streamside Management Area Ordinance, Section 314-61.1. (Ord. 519, § 617, 5/11/1965; Ord. 2275, § E, 5/28/2002)
60.05 SHORT-TERM RENTALS
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 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:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit 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.
60.05.4.4Evidence 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.
60.05.4.4.1Where 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.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 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 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 314-60.05.10.2.1, 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.
60.05.6 Permit Requirements.
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 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.
60.05.7 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:
60.05.7.1The 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
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section 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.
60.05.9 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.
60.05.9.1 Standards for Home-Share Rentals.
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire 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.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 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.
60.05.9.1.2.3 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:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 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.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 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.
60.05.10.1.2 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.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 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.
60.05.10.1.4.1AOB 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.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. 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 Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not 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.
60.05.10.2.1.3In 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) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays except as follows:
60.05.10.2.4.1In Agriculture General Zones, on parcels less than two and one-half (2.5) acres, short-term rentals shall be as allowed consistent with these provisions; and
60.05.10.2.4.2In Agriculture General Zones on parcels between two and one-half (2.5) and ten (10) acres, short-term rentals may be considered with a Special Permit; and
60.05.10.2.4.3In Agriculture General Zones, on parcels less than five (5) acres, homeshares shall be as allowed consistent with these provisions.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire 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.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall operate at a function equivalent of a Category 3 road.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 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:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 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 314-60.05.10.6.1 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 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:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre.
60.05.10.6.2.1.1Short-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
60.05.10.6.2.1.2There 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.
60.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre.
60.05.10.6.2.2.1Short-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).
60.05.10.6.2.3 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.
60.05.10.6.2.4 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.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal on-street parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE-ROOM OCCUPANCY STRUCTURES AND FACILITIES
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single-Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities.
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four (4) square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management.
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units.
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet.
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024; Ord. 2756, § 2, 3/11/2025)
61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites:
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village model management plan (defined in Section 314-61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 312-5 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types.
61.05.4.1 Safe Parking Sites.
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites.
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twenty-four/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred (200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures.
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities.
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions |
Section II Introduction, Background, and Project Understanding |
Section III Methods |
A. Field Observation and Studies |
B. Trustee and Other Agency Consultation |
C. Document and Report Review |
D. Cumulative Biological and Watershed Effects |
Section IV Results and Discussion |
A. Existing Site Conditions |
1. Terrestrial |
2. Hydrologic and Aquatic |
3. Sensitive Species or Habitats |
B. Offsite Conditions |
1. Terrestrial |
2. Hydrologic and Aquatic |
3. Sensitive Species or Habitats |
C. Development Effects |
1. Direct |
2. Indirect |
3. Cumulative |
D. Recommended Mitigation and Monitoring Measures |
Section V References |
A. Plant Species Observed |
B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) |
C. Sensitive Species or Habitats in the Project Vicinity (listing) |
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability.
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C-2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024)
62.1 TEMPORARY USES
62.1.1 Special Events and Attractions. No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and motorized vehicles shall be permitted in any zone unless a Use Permit is first secured in each case. (Former Section INL#316-5; Ord. 519 Sec. 605, 5/11/65; Amended by Ord. 2214, 6/6/00)
62.2 TIMBER PRODUCTION
Timber Production as defined in this Code, and not regulated by a California Department of Forestry and Fire Protection Timber Harvest Plan shall be allowed with a Special Permit in RS, R-1, R-2, R-3, and R-4 Zones. Timber production activities in other than residential zones shall be as provided by the regulations for the individual zoning district. (Former Section INL#316-19; Amended by Ord. 1876, Sec. 9, 9/26/89)
The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal.
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024)
Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement.
62.5.3.7 Waste Removal.
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions.
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions.
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
The purpose of these provisions is to classify uses of property into a limited number of use types 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. (From Section CZ#A313-1; Added by Ord. 2214, 6/6/00)
163.1All uses are classified into the following use types. Use types are described and defined in the Glossary of Use Types, below.
163.1.1 Agricultural Use Types. General Agriculture (allowed in RA)
Intensive Agriculture (allowed in RA)
Stables and Kennels (allowed in RA)
163.1.2 Civic Use Types. Administrative (allowed in MB)
Community Assembly (allowed in C-3, RA)
Electrical Distribution Lines, Major (allowed in RA)
Essential Services (allowed in RA)
Extensive Impact Civic Uses (prohibited in F)
Generation and Distribution Facilities, Minor (allowed in RA)
Health Care Services (prohibited in F)
Oil and Gas Pipelines (allowed in RA)
Public Recreation and Open Spaces (allowed in RA)
Solid Waste Disposal (allowed in RA; prohibited in F)
Utilities, Minor (allowed in RA)
163.1.3 Commercial Use Types. Automotive Sales, Service and Repair (allowed in C-3)
Heavy Commercial (allowed in C-3)
Mini-Storage (allowed in C-3, MB, and ML)
Neighborhood Commercial (allowed in C-3, RA)
Office and Professional Service (allowed in C-3, MB)
Private Recreation (allowed in RA)
Retail Sales (allowed in C-3, MB)
Retail Service (allowed in C-3, MB)
Transient Habitation (allowed in MB)
Warehousing, Storage and Distribution (allowed in C-3, MB)
163.1.4 Commercial Timber Use Types. Timber Production (allowed in RA)
163.1.5 Extractive Use Types. Surface Mining - 2 (allowed in RA)
163.1.6 Industrial Use Types. Cottage Industry (allowed in C-3, RA)
Research/Light Industrial (allowed in C-3, MB)
Hazardous Industrial (prohibited in F)
163.1.7 Natural Resource Use Types. Fish and Wildlife Management (allowed in RA)
Watershed Management (allowed in RA)
Wetland Restoration (allowed in RA)
163.1.8 Residential Use Types. Commercial Residential (allowed in C-1, C-2, C-3, CH, and MB)
Guest House (allowed in RA)
Manufactured Home Park (prohibited in F)
Residential Uses Subordinate to the Permitted Use (allowed in C-3)
Accessory Dwelling Unit
Single-Family Residence (allowed in RA) (Ord. 2650, § 6, 9/1/2020; Ord. 2732, § 4, 3/5/2024; Ord. 2747, § 4, 10/1/2024; Ord. 2748, § 3, 10/1/2024)