Humboldt County Municipal Code § 312-17 Required Findings for All Permits and Variances

Unless waived by State law, the Hearing Officer may approve or conditionally approve an application for a Special Permit, Use Permit, Coastal Development Permit, or Planned Unit Development Permit only if all of the following findings, in addition to any applicable findings in Sections 312-18 through 312-49, Supplemental Findings, are made: (Former Section INL#317- 36, 317-40.7; CZ#A315-14; Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

Open Space Action Program (CO-IM5); (Former Section INL#317-36(c), 317-40.7(3); CZ#A315-14(A); Ord. 946, Sec. 4, 10/2/73; Ord. 1726, Sec. 4, 3/4/86)

or when processed in conjunction with a zone reclassification, is consistent with the purposes of the proposed zone; (Former Section INL#317-36(a), 317- 40.7(1); CZ#A315-14(B))

detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (Former Section INL#317-36(b), 317- 40.7(2); CZ#A315-14(D))

the Department of Housing and Community Development in determining compliance with housing element law (the mid point of the density range specified in the plan designation) unless the following written findings are made supported by substantial evidence:

share of the regional housing need pursuant to Section 65584 of the Government Code, and 17.1.5.3 The property contains insurmountable physical or environmental limitations and clustering of residential units on the developable portions has been maximized.

The Hearing Officer may approve or conditionally approve an application for a variance only if all of the following findings are made: (See, Sections 65906 and 65906.5 of the Government Code.) (Former Section INL#317-26; CZ#A315-15)

or to the intended use of the property that do not apply generally to the property or class of use in the same zone in the vicinity; (Former Section INL#317- 26(b); CZ#A315-15(A))

difficulty or unnecessary physical hardship and would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district; (Former Section INL#317-26(a); INL#317-26(c); CZ#A315-15(B))

limitations on other properties classified in the same zoning district; and (Former Section INL#317-26(d); CZ#A315-15(C))

or welfare. (Former Section INL#317-26(e); CZ#A315-15(D); Ord. 946, Sec. 4, 10/2/73)

if the following additional finding is made: The development for which the variance is proposed will be in conformity with the Coastal Land Use Plan. (Former Section CZ#A315-15(E))

may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: (From Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

facilities, particularly guideway facilities. (From Government Code Sec. 65906.5; Added by Ord. 2214, 6/6/00)

In addition to the required findings for all permits and variances, the Hearing Officer may approve or conditionally approve an application for a Special Permit, Use Permit, Coastal Development Permit, or Planned Unit Development Permit only if the supplemental findings, as applicable, are made. (See Sections 312-18 through 312-49) Those findings that apply throughout the County, within and outside of the Coastal Zone, are listed in Sections 312-18 through 312-29 (County-Wide). Those findings that are only applicable within the County’s Coastal Zone are listed in Sections 312-30 through 312-49 (Coastal Zone). (Former Section CZ#A315-16; Amended by Ord. 2214, 6/6/ 00) (Ord. 2629, § 3, 6/11/2019)