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22.1 G - ALQUIST-PRIOLO FAULT HAZARD

22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (From Section CZ#A314-51(A); Added by Ord. 2214, 6/6/00)

22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (From Section CZ#A314-51(B); Added by Ord. 2214, 6/6/00)

22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (From Section CZ#A314-51(C); Added by Ord. 2214, 6/6/00)

22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 314-22.1.6. (From Section CZ#A314-51(D); Added by Ord. 2214, 6/6/00)

22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 314-22.1.6: (From Section CZ#A314-51(E); Added by Ord. 2214, 6/6/00)

22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (From Section CZ#A314-51(E)(1); Added by Ord. 2214, 6/6/00)

22.1.5.2Construction of any structure for human occupancy; (From Section CZ#A314-51(E)(2); Added by Ord. 2214, 6/6/00)

22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty (50) percent of the value of the structure; (From Section CZ#A314-51(E)(3); Added by Ord. 2214, 6/6/00)

22.1.5.4Any change in use or character of occupancy that results in conversion of a building or structure from one not used for human occupancy to one that is so used. (From Section CZ#A314-51(E)(4); Added by Ord. 2214, 6/6/00)

22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (From Section CZ#A314-51(F); Added by Ord. 2214, 6/6/00)

22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (From Section CZ#A314-51(F)(1); Added by Ord. 2214, 6/6/00)

22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (From Section CZ#A314-51(F)(2); Added by Ord. 2214, 6/6/00)

22.1.6.3Conversion of an existing apartment complex into condominiums. (From Section CZ#A314-51(F)(3); Added by Ord. 2214, 6/6/00)

22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (From Section CZ#A314-51(F)(4); Added by Ord. 2214, 6/6/00)

22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture. CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (From Section CZ#A314-51(G); Added by Ord. 2214, 6/6/00)

22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (From Section CZ#A314-51(H); Added by Ord. 2214, 6/6/00)

22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies zone if all of the applicable Public Safety Impact Findings of Chapter 2 (Sections 312-26 and 312-38), are made. (From Section CZ#A314-51(I); Added by Ord. 2214, 6/6/00)

22.2 GO - GREENWAY AND OPEN SPACE

22.2.1 Purpose/Findings. The Greenway and Open Space (GO) Combining Zone is intended to be applied within the urban limits of the Eureka Community Planning Area in sensitive habitat areas historically known as gulches. These regulations are intended to set forth standards for the development of areas containing gulches and to retain the lush vegetation and habitat values for numerous wildlife species such as birds, fish and small mammals. The Board of Supervisors finds that Greenway and Open Space areas serve an important function as natural drainage channels and represent a unique scenic asset to the community. Retaining Greenway and Open Space areas in a relatively undeveloped state is intended to help maintain a high quality of living environment as the community develops. (Former Section INL#315-10.1; Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2 General Requirements.

22.2.2.1 Applicability.

22.2.2.1.1The policies of this division shall only be imposed within those areas which are identified as Greenway and Open Space areas mapped as part of the 1995 Eureka Community Plan or as identified on a “Detailed Development Plan Map” as provided by subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.1.2For the improvement of parcels existing prior to the adoption date of the 1995 Eureka Community Plan, principally permitted uses allowed in the underlying primary zone shall be allowed within Greenway and Open Space areas. No discretionary planning permits will be required for principally permitted improvements on these parcels. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. (Former Section INL#315-10.2(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.1.3All subdivisions which create parcels after adoption of the 1995 Eureka Community Plan shall utilize a “Detailed Development Plan Map” requiring all structures to be located outside of Greenway and Open Space areas consistent with the provisions of this ordinance. Submittal of subdivision applications shall include the “Detailed Development Plan Map” as described in subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.2 Identification Criteria. Greenway and Open Space areas were mapped utilizing two (2) categories. The following two categories define the Greenway and Open Space areas: (Former Section INL#315-10.2(B); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.2.1 Streamside Management Areas with Adjacent Slopes of 30% or Greater.

22.2.2.2.1.1A Streamside Management Area (SMA) of 100 feet for perennial streams and 50 feet for intermittent streams, measured as the horizontal distance from the centerline of the stream as mapped pursuant to the County Greenway and Open Space regulations. These Streamside Management Areas are mapped along blue line streams as identified on the largest scale U.S.G.S. topographic maps, or as conditions exist on the ground, and; (Former Section INL#315-10.2(B)(1)(a); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.2.1.2Slopes of 30% or greater on lands adjacent to the perennial and intermittent streams identified in subsection 22.2.2.2.1.1, and all streams and level areas below those slopes. (Former Section INL#315-10.2(B)(1)(b); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.3 Compatible Uses. The following uses are permitted within a designated Greenway and Open Space area:

22.2.2.3.1Vegetation removal for streamside management purposes. (Former Section INL#315-10.2(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.3.2Management and maintenance of trees, shrubs, and other plant life. (Former Section INL#315-10.2(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.3.3Fencing, so long as it would not impede the natural drainage or would not adversely effect the stream environment or wildlife, consistent with the policies of the Framework Plan. (Former Section INL#315-10.2(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.4 Compatible Uses Requiring Special Permit. The following uses are deemed compatible but require approval of a Special Permit and may require approval from other concerned agencies: (Former Section INL#315-10.2(D); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.4.1Road crossings, street crossings and utility crossings. (Former Section INL#315-10.2(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.4.2Creekside bikeways, trails, and parks. (Former Section INL#315-10.2(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.4.3Timber operations conducted in accordance with an approved timber harvest plan. (Former Section INL#315-10.2(D)(3); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.2.4.4Any grading or fill exceeding 50 cubic yards and associated vegetation removal. (Former Section INL#315-10.2(D)(4); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.3 Specific Determination of Greenway and Open Space Boundary.

22.2.3.1 Detailed Development Plan Map Required. For those parcels which have been designated with a Greenway and Open Space Combining Zone, all applications for subdivisions shall submit a “Detailed Development Plan Map.” The “Detailed Development Plan Map” must identify the Greenway and Open Space areas as defined in subsection 314-22.2.2.2, Identification Criteria, must be prepared by a licensed engineer or surveyor, and must show existing slope percentages and Streamside Management Areas. (Former Section INL#315-10.3(A); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.3.2 Detailed Development Plan Map Not Required. A “Detailed Development Plan Map” is not required for projects and improvements requiring no discretionary approval on parcels which existed prior to the adoption date of the 1995 Eureka Community Plan. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. The implementation of this section shall be consistent with the County’s General Plan. (Former Section INL#315-10.3(B); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4 Greenway Bench Development.

22.2.4.1 Definition. Within several Greenway and Open Space areas, there exist greenway benches. 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. (Former Section INL#315-10.4(A); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.2 Applicability. Subdivision of greenway benches shall be permitted, consistent with other requirements of this ordinance, in designated Greenway and Open Space areas in the Eureka Community Planning Area where a licensed surveyor or engineer demonstrates the following findings: (Former Section INL#315-10.4(B); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.2.1That each building site contains a greenway bench of at least 4,000 square feet of contiguous area with less than 30% undisturbed slope. (Former Section INL#315-10.4(B)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.2.2The building site is located in conformance with the Streamside Management Area setbacks described in subsection 314-22.2.2.2, Identification Criteria. (Former Section INL#315-10.4(B)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.3 Other Provisions for Greenway Bench Development.

22.2.4.3.1One building site may be permitted on every 4,000 square feet of undisturbed slope subject to the limitations of the base zone with which the Greenway and Open Space zone is combined. (Former Section INL#315-10.4(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.3.2Each parcel must meet the minimum lot size requirements of the applicable zoning district. (Former Section INL#315-10.4(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.3.3A building site may be allowed outside the greenway bench area on a slope of 30% or greater, if the building site remains outside all Streamside Management Areas. (Former Section INL#315-10.4(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.3.4No Accessory Dwelling Units shall be allowed within a determined greenway bench area. (Former Section INL#315-10.4(C)(4); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.4 Determining Undisturbed Slope.

22.2.4.4.1An 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. Any greenway bench which had been created by grading prior to adoption of the Eureka Community Plan shall be eligible for development, consistent with the provisions of this ordinance, if the grading was approved through a County issued permit (such as a Use Permit) or State issued permit. (Former Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.4.4.2The intent of allowing greenway bench development only on undisturbed slopes is to discourage people from grading their hillsides in an attempt to establish a bench area of less than 30% slope. (Former Section INL#315-10.4(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5 Density Bonus.

22.2.5.1 General Provisions. It is the intent of this section to provide a density bonus for property owners whose parcel, or portion thereof, is designated Greenway and Open Space. These density bonus provisions will compensate property owners for not developing within a gulch, and are intended as an incentive to locate structures outside of Greenway and Open Space areas. These provisions will also work to keep housing affordable by decreasing lot sizes and land costs. The following density bonus provisions shall apply on lots within designated Greenway and Open Space areas: (Former Section INL#315-10.5(A); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.1The minimum lot size for new lots, when it can be shown that building sites are outside of the Greenway and Open Space area, including greenway benches as defined in Section 314-22.2.4.1 may be reduced by 20%; however, no new lot may be created which is less than 4,800 net square feet in size. (Former Section INL#315-10.5(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.2The minimum lot width may be reduced by 20%; however, no lot shall be created with less than a 40 foot lot width. This section does not preclude the creation of flag lots. (Former Section INL#315-10.5(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.3The total number of lots which can be reduced shall be calculated by dividing the total land area of a parcel by the minimum lot size of the applicable zone. The minimum lot size shall never be reduced by more than 20% regardless of the calculated total number of lots eligible for reduction under these provisions. (Former Section INL#315-10.5(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.4Accessory Dwelling Units shall not be allowed on parcels created by these provisions. (Former Section INL#315-10.5(A)(4); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.5These density bonus provisions shall not be used as an addition to any affordable housing density bonus provisions. (Former Section INL#315-10.5(A)(5); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6 Zero Lot Lines. The side yard setback requirements may be reduced or eliminated for newly created lots utilizing the density bonus provisions of this Section. Where the regulations herein conflict with the regulations included in the individual base zoning districts (with which the Greenway and Open Space zone is combined), the regulations included herein shall control. (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)

The principal purposes of the Zero Lot Line concept area: (1) a more flexible use of land; and, (2) permitting the outdoor space to be grouped and utilized to its maximum benefit. All applications for a Zero Lot Line development shall comply with the following provisions: (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.1 Dwelling Unit Setback. Interior side yard. For new residences on lots less than 6,000 net square feet in size, any interior side yard may be reduced to zero (0) provided that the other interior side property line shall be a minimum of ten (10) feet. Dwelling units utilizing the Zero Lot Line may be sited on a common lot line. Accessory buildings and structures shall observe setback requirements of the base zoning district with which the Greenway and Open Space zone is combined. (Former Section INL#315-10.5(A)(6)(a); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.2 Development Plan. All subdivisions which utilize Zero Lot Line development provisions shall identify building sites on an approved Development Plan. The Development Plan shall indicate the zero lot lines and easements appurtenant thereto. (Former Section INL#315-10.5(A)(6)(b); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.3 Maintenance Easements. For the purpose of upkeep and repair of structures located on a zero lot line, a perpetual four (4) foot maintenance easement shall be provided on the lot adjacent to the zero lot line. The maintenance easement is defined as an area which enables the upkeep and repair of structures located on a zero lot line, including but not limited to, general maintenance, painting, roof and gutter repairs, structural repairs and foundation repairs. This easement shall be shown on a Development Plan and incorporated into each deed transferring title to the property. There shall be no structures allowed within the easement. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches. The roof shall be designed so that water runoff from the dwelling placed on the lot line is limited to half the easement area (two feet). (Former Section INL#315-10.5(A)(6)(c); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.4 Maximum Lot Coverage. The total lot coverage for all buildings on the site shall not exceed fifty (50) percent of the lot area. (Former Section INL#315-10.5(A)(6)(d); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.5 Openings Prohibited on the Zero Lot Line. To protect privacy, the wall of the dwelling located on the zero lot line shall have no windows, doors or other openings. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling and a solid wall of at least eight feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. (Former Section INL#315-10.5(A)(6)(e); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.6 Parking. No required parking shall be allowed within the side yard setback opposite the zero lot line. A maximum of two (2) off-street parking spaces shall be provided for each dwelling unit on each zero lot line parcel, even if the road serving the parcel is not paved or graveled to forty (40) feet in width. (Former Section INL#315-10.5(A)(6)(f); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.7 Alleys. Alleys shall be permitted in Zero Lot Line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or calculated as required parking areas. (Former Section INL#315-10.5(A)(6)(g); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.8 Common Open Space. Common open space is not required but may be permitted. If common open space is provided, provisions shall be made to ensure that non-public areas and facilities for the common use of occupants of zero lot line developments shall be maintained in a satisfactory manner, without expense to the general taxpayer of Humboldt County. (Former Section INL#315-10.5(A)(6)(h); Added by Ord. 2071, Sec. 1, 4/25/95)

22.2.5.1.6.9 Underlying Base Zoning District. All other provisions of the underlying base zoning district (with which the Greenway and Open Space zone is combined) shall apply to development of applicable zero lot line parcels. (Former Section INL#315-10.5(A)(6)(i); Added by Ord. 2071, Sec. 1, 4/25/95) (Ord. 2650, § 4, 9/1/2020)