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45.1 COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT

45.1.1 Purpose. The purpose of these regulations is to ensure that Coastal-Dependent Industrial Development shall be located within, contiguous with, or in close proximity to, existing developed industrial areas, or where such areas are not able to accommodate it, to locate such development in other areas with adequate public services and where it will not have significant adverse effects on coastal resources. (Former Section CZ#A314-5(A))

45.1.2 Applicability. The provisions of these regulations shall apply in all zones in which Coastal-Dependent Industrial use types and Coastal-Related use types are permitted. (Former Section CZ#A314-5(B))

45.1.3 Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the following requirements, in addition to California Environmental Quality Act requirements: (Former Section CZ#A314-5(C))

45.1.3.1The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site; (Former Section CZ#A314-5(C)(1))

45.1.3.2Alternative sites included in the evaluations shall include, at a minimum, those sites identified by the following agencies, from whom input shall be solicited: (Former Section CZ#A314-5(C)(2))

45.1.3.2.1California Coastal Commission, (Former Section CZ#A314-5(C)(2)(a))

45.1.3.2.2Humboldt Bay Harbor Recreation and Conservation District, (Former Section CZ#A314-5(C)(2)(b))

45.1.3.2.3Army Corps of Engineers, and (Former Section CZ#A314-5(C)(2)(c))

45.1.3.2.4Humboldt County Planning Division. (Former Section CZ#A314-5(C)(2)(d))

45.1.3.3Alternative sites shall be classified in accordance with the following priority schedule: (Former Section CZ#A314-5(C)(3))

45.1.3.3.1Priority 1 Sites.

Sites with existing facilities suitable to accommodate the proposed use, or that could accommodate the proposed use with minor alteration or through expansion of the existing facilities;

45.1.3.3.2Priority 2 Sites.

Sites which require construction of new facilities to accommodate the proposed use, but which do not require conversion of wetlands. Within this category, preferred sites are those requiring least alteration (e.g., dredging, grading, habitat modification);

45.1.3.3.3Priority 3 Sites.

Sites where the proposed use could be accommodated only through the conversion of wetlands;

45.1.3.3.4Priority 4 Sites

Sites where the proposed use could be accommodated only through the dredging of a new deep water channel.

45.1.4 Public Acquisition of Priority Sites. Where appropriate, the Humboldt Bay Harbor Recreation and Conservation District shall be petitioned by the County to consider exercising its right of eminent domain to acquire and manage the site as identified pursuant to Section 313-45.1.3. (Former Section CZ#A314-5(D))

45.1.5 Required Findings. Coastal-Dependent Industrial Uses and Coastal-Related Industrial Uses shall be approved only if the applicable Industrial Development Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-5(E))

45.1.6 Marine Petroleum Transfer Facilities Prohibited. The applicable Industrial Development Findings shall be made prior to approval of new, or expansions to existing marine petroleum transfer facilities and marine transfer facilities for other hazardous liquids. (Former Section CZ#A314-5(F))

45.1.7 Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable: (Former Section CZ#A314-5(G))

45.1.7.1Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Combining Zone Regulations, and the other resource protection regulations of this Division; (Former Section CZ#A314-5(G)(1))

45.1.7.2Maximum feasible and legally permissible multi-company use shall occur; (Former Section CZ#A314-5(G)(2))

45.1.7.3The total volume of oil spilled shall be minimized; (Former Section CZ#A314-5(G)(3))

45.1.7.4Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills; (Former Section CZ#A314-5(G)(4))

45.1.7.5Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required; (Former Section CZ#A314-5(G)(5))

45.1.7.6New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay; (Former Section CZ#A314-5(G)(6))

45.1.7.7Where expansion of existing marine petroleum transfer facilities or construction of new facilities may result in an increased risk of spill associated with the expanded facility, such risk will be mitigated through alteration of existing operations. (Former Section CZ#A314-5(G)(7))

45.2 COTTAGE INDUSTRY

45.2.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in the Coastal Zone of Humboldt County. (Former Section CZ#A314-12(A))

45.2.2 Applicability. The provisions of these regulations shall apply in all zones in which the cottage industry use type is permitted. (Former Section CZ#A314-12(B))

45.2.3 Performance Standards For Cottage Industries Allowed As Appurtenant And Accessory Use. Cottage Industries allowed as a principally permitted appurtenant and accessory use to the residential use shall comply with all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1: (Former Section CZ#A314-12(C)(1); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(C)(1)(a); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.2The dwelling on the site shall be occupied by the owner of the cottage industry. (Former Section CZ#A314-12(C)(1)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.3The Cottage Industry shall occupy no more than twenty-five percent (25%) or 1,000 square feet (whichever is less) of the floor area of the dwelling or accessory structure; and (Former Section CZ#A314-12(C)(1)(c); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section CZ#A314-12(C)(1)(d); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.5There shall be no structural, electrical or plumbing alterations necessary for the Cottage Industry which are not customarily found in dwellings or residential accessory structures; and (Former Section CZ#A314-12(C)(1)(e); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.6No persons other than residents of the dwelling shall be employed to conduct the Cottage Industry; and (Former Section CZ#A314-12(C)(1)(f); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.7There shall be no articles sold on the premises; and (Former Section CZ#A314-12(C)(1)(g); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section CZ#A314-12(C)(1)(h); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.9All lights shall be directed on-site and shielded to reduce glare to adjacent areas; and (Former Section CZ#A314-12(C)(1)(i); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section CZ#A314-12(C)(1)(j); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section CZ#A314-12(C)(1)(k); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-12(C)(1)(l); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.13A business license shall be required for the Cottage Industry. (Former Section CZ#A314-12(C)(1)(m); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.3.14The cottage industry shall not significantly increase demand for, or require significant amounts of additional services including water, sewer, septic, or wastewater treatment. (Ord. 2167, Sec. 24, 4/7/1998)

45.2.4No coastal development permit is required for cottage industries that conform with the performance standards in the preceding section (313-45.2.3) if established in an existing permitted residence or accessory structure. A coastal development permit will be required for a new accessory structure or enlarged residence in which such cottage industry is to be located that is not otherwise exempt from coastal development permit requirements pursuant to Title 14, California Code of Regulations Section 13250(b).

45.2.5 Performance Standards For Cottage Industries Allowed As Accessory Uses With a Coastal Development Permit. Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1, may be permitted as accessory uses to any residential use with a Coastal Development Permit: (Former Section CZ#A314-12(D); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.5.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(D)(a))

45.2.5.2There shall be no articles sold on the premises. (Former Section CZ#A314-12(D)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.5.3One nameplate, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is indirect and non-flashing. (Former Section CZ#A314-12(D)(c))

45.2.5.4The total land area occupied by the cottage industry shall not exceed two (2) acres, including portions of the lot occupied by buildings, storage areas, and work places devoted to the cottage industry. (Former Section CZ#A314-12(D)(d))

45.2.5.5A business license shall be approved for the Cottage Industry. (Former Section

CZ#A314-12(D)(e); Added by Ord. 2167, Sec. 24, 4/7/98)

45.2.6 Operational Standards.

45.2.6.1At a minimum, the Hearing Officer shall set the following operational standards as conditions of the Coastal Development Permit for a cottage industry. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)

The Hearing Officer may also condition the Coastal Development Permit as permitted by Chapter 2, Procedures, of this Code. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)

45.2.6.1.1Number of employees; and (Former Section CZ#A314-12(E)(1))

45.2.6.1.2Hours of operation. (Former Section CZ#A314-12(E)(2))