Where an R-1 designated parcel does not qualify for a second dwelling unit pursuant to Section 17.10.020, a use permit for a temporary second dwelling use with kitchen facilities within an existing residence, or as part of a structural addition to an existing residence, in a zone restricting residential use to a one-family unit, may be considered by the planning commission as a use permit for seniors in any legally existing single-family residence subject to all of the following:
A.
The
senior second dwelling unit use shall be used for the sole occupancy
of one to two specifically named adult persons who are sixty-two years
of age or over.
B.
The
total designated floor area for the second dwelling use shall not
exceed thirty percent of the floor area of the entire structure, including
any proposed addition. However, under no circumstances shall the floor
area of the second unit exceed seven hundred square feet.
C.
The
habitable floor area of the second dwelling use shall maintain direct,
internal access to the habitable floor area of the primary residence,
and a direct exist outside. For purposes of this section, habitable
floor areas shall include interior hallways.
D.
Any
structural additions or alterations shall comply with all building,
zoning, health and fire code requirements.
E.
Utilities
for the second dwelling area (electricity, water, sewage disposal,
etc.) shall be integrated into those of the primary residence.
F.
When
the specified occupant(s) of the senior second dwelling use no longer
reside in the unit or no longer qualifies for the use permitted under
these provisions, the kitchen facilities shall be removed, the area
integrated into the primary unit, and the area no longer used for
second dwelling purposes.
G.
The
use permit shall be subject to annual review and verification of compliance
by the planning department or planning commission. A use permit renewal
fee, in an amount determined by the city council, may be charged.
(Ord. 695 § 2, 2003)
It is the policy of the city to provide fair access to housing
for persons with disabilities, including providing reasonable accommodation
in the application of its zoning laws pursuant to federal and state
law. This title provides for residential care facilities as set forth
by California Health and Safety Codes within specified residential
and commercial districts. Where a request for accommodation beyond
these provisions is made the following shall apply:
A.
Application
for Accommodation. A request for reasonable accommodation may be made
by submittal of an application to the city planning department. Certain
factors provide the factual information necessary to develop a balance
between the city's interest and the need for housing. Consideration
of these factors will vary depending on whether the request is being
made in a residential or commercial zoning district, and they can
only include the physical impacts of the proposed use, not the type
of residents. The factors to be considered for reasonable accommodation
include the following:
1.
Special
needs created by the disability;
2.
Potential
benefit that can be accomplished by the requested accommodation;
3.
Potential
impact of the request on surrounding uses;
4.
Potential
hazardous impact of surrounding environment upon the requested accommodation;
5.
Physical
attributes of the property and structures;
6.
Alternative
accommodations which may provide an equivalent level of benefit;
7.
In
the case of a determination involving a single family dwelling, whether
the household would be considered a single family dwelling if it were
not using special services which are required because of the disabilities
of the residents;
8.
Whether
the requested accommodation would impose an undue financial or administrative
burden on the city; and
9.
Whether
the requested accommodation would require a fundamental alteration
in the nature of a city program.
B.
City
Programs. The following have been identified as city programs which
should be considered with respect to requests for reasonable accommodation:
1.
Health
and Safety. The city is charged with ensuring the health and safety
standards which are embodied in the Housing Code, Fire Code, Building
Codes (including plumbing, mechanical and electrical), and the National
Flood Insurance Program. The following are minimum health and safety
standards which are not subject to variance.
a.
Occupancy Standards. The most current California Building Code and
Model Building Code (as adopted by the state of California) which
have been adopted by the city prescribe the maximum number of persons
per sleeping area which shall be applied.
b.
Exiting. The most current California Building Code and Model Building
Code which have been adopted by the city prescribe exiting requirements.
c.
FEMA - Flood Insurance Program. The city is subject to potential flood, coastal erosion and tsunami damage. A request is located within an area designated as zone A, B or V15 of the most current flood insurance rate map, prepared by the Federal Emergency Management Agency, shall be subject to the requirements of the city's flood damage prevention ordinance (Chapter 15.32).
d.
Building Permits. Building permits will be required for new construction
and changes to existing structures as prescribed by the most recently
adopted California Building Code, Uniform Building Code and Americans
with Disabilities Act.
2.
Residential
Zoning District. The city recognizes the importance of sustaining
and enhancing the livability of existing neighborhoods throughout
the community. The city encourages a variety and mix of housing types
to provide adequate choices for housing to all persons and recognizes
the need to conserve the existing housing stock and preserve the environment
and livability of existing residential neighborhoods. The city will
therefore review requests with particular consideration given to the
following issues:
a.
Residential Character. If the accommodation is requested in a residential
zoning district, then it is reasonable to require that the house retain
a residential character. This means that its interior and exterior
design should be consistent with the style of residential structures
around it. In order to promote a cohesive living environment, homes
should contain sufficient common areas for the number of residents:
including, at a minimum, a kitchen, dining area and living room large
enough to serve the residents, and, in the case of larger residences,
congregating or recreational rooms and adequate bathrooms.
b.
Parking. Recognizing that the parking demand for persons with disabilities
is often less than for a similarly situated non-disabled household,
the following factors should be considered in reviewing an accommodation
request:
3.
In
general, residential uses in one-family dwellings, which involve staff
who also live at the premises, should meet the following guidelines:
C.
Notices
and Hearings.
1.
Within
thirty days of the application, a notice of accommodation decision
is to be issued by the planning director and mailed to the applicant,
adjacent property owners and any party who has requested notice of
such determinations in writing. Adjacent is defined as those properties
which share property lines with the proposed location or are directly
across the street from the property for which reasonable accommodation
is being requested.
2.
Within
ten working days of the notice of accommodation decision being mailed,
any person may make a written appeal of the director's decision to
the planning commission. The appeal must state the grounds for the
appeal and remedy requested. If no request is received, then the decision
of the director will be final.
3.
If
appeal is received a public hearing shall be scheduled at the next
reasonable available planning commission meeting. The decision of
the planning commission is final.
(Ord. 695 § 2, 2003)
The city wishes to provide a balance in housing types for all
households in the community. Pursuant to Section 65915 et seq. of
the California Government Code the city will consider developers proposals
to provide housing for very low and low income households by the provision
of a density bonus for housing developments when issues of providing
such housing in an affordable manner arise. Such bonus shall be made
subject to the following provisions:
A.
Qualification.
In order to quality for a density bonus, a project must be a low or
very low income or senior citizen housing project developed in compliance
with the Section 65915 et seq. For a low income project, at least
twenty percent of the units shall be low income affordable, for very
low income projects not less than ten percent shall be very low income
affordable, and for senior citizen projects not less than fifty percent
of the units shall be restricted to senior citizens.
B.
Limitation.
Density bonuses shall not exceed twenty-five percent of the maximum
density permitted by the applicable general plan land use designation
for the subject property. For example, where the maximum allowable
density based upon a land use designation is twelve units per acre,
the density bonus shall not exceed three units per acre, yielding
a total allowable density, with the bonus, of fifteen units per acre.
The final project unit total would then be calculated based upon the
project property size.
C.
Application.
An application for a density bonus shall be made in conjunction with
the other required applications for the development and shall be subject
to the same procedures required by those applications.
D.
Affordability
Cost Analysis. The developer shall include in the application for
density bonus a cost analysis of the proposed project, with and without
density bonus, demonstrating the cost per dwelling unit and projecting
sales and/or rental costs for residents. The city shall include in
its review of the application a written finding as to the need for
incentive or development standards waiver for the provision of affordable
housing as set forth in Section 50052.2 of the Health and Safety Code.
The city may deny the request if affordable housing can be provided
without the requested incentives.
E.
Maintenance
of Affordable Units. In exchange for the density bonus, the developer
shall guarantee the units will be maintained for very low and low
income households for thirty years. The guarantee shall be in the
form of a deed restriction or other legally binding and enforceable
document acceptable to the city council. The document shall be recorded
with the Del Norte county recorder prior to the issuance of a building
permit. The applicant shall comply with Crescent City housing authority
procedures for the physical maintenance of the units.
F.
Development
Standards.
1.
All
residential projects granted a density bonus shall conform to the
development standards applicable, except those standards regulating
density or as waived under Section 17.48.050(E)
2.
Where
a proposed project is to be phased in its construction the number
bonus units shall either be proportionately allocated between the
phases or provided in the last phase of construction.
G.
Waiver
of Development Standards. If the applicant can demonstrate that the
increased density cannot physically be accommodated on the site then
the following development standards shall be waived during site plan
review to accommodate the increase density. The waiver in the standards
shall follow the priority order hereby established and the applicant
shall demonstrate that the increased density cannot be accommodated
with each sequential waiver before the waiver of the next standard
is allowed. Only one standard shall be waived unless it is shown that
each individual standard waiver will not physically accommodate the
proposed density. A complete site plan and floor plan shall be provided
to demonstrate the physical noncompliance. Priority order for waiver
is:
1.
A
higher percentage of compact parking;
2.
Reduction
in distance between buildings, subject to compliance with safety codes;
3.
Reduction
in rear yard setbacks;
4.
One
additional floor of building height above the zoning district standard;
5.
Reduction
in side yard setbacks;
6.
Reduction
in number of required parking spaces (but not less than one space
per unit);
7.
Reduction
in front yard setbacks; and
8.
Reduction
in parking lot landscaping standards.
(Ord. 695 § 2, 2003)
A.
Purpose.
To allow the safe, effective, and efficient use of small wind energy
conversion systems installed to reduce the on-site consumption of
utility supplied electricity.
B.
Approval.
Subject to the granting of a use permit, small wind energy conversion
systems may be permitted as an accessory use on a case-by-case basis
in any zone outside of coastal zones.
All applications meeting the development standards shall be
found to be exempt from the California Environmental Quality Act as
accessory structures. Those applications that do not meet the development
standards require the approval of a variance and may require an environmental
assessment.
C.
Development
Standards. The following standards shall be followed unless otherwise
granted a variance by the planning commission:
1.
All
small wind energy conversion systems must be installed according to
the manufacturer's specifications.
2.
For
horizontal axis systems, no more than one small wind energy conversion
system will be approved on a single parcel.
3.
For
vertical axis systems, no more than three small wind energy conversion
systems will be approved on a single parcel.
4.
The
base of the small wind energy conversion system shall be set back
from all property lines, public right-of-way, and public utility lines
a distance equal to the total extended height.
5.
Sound
produced by the turbine under normal operating conditions, as measured
at the property line, must not exceed the definition of nuisance noise.
Sound levels, however, may be exceeded during short-term events out
of anyone's control such as utility outages and/or severe wind storms.
6.
Small
wind energy conversion systems must not exceed the height limit established
in the zoning ordinance for the property on which they are located.
7.
The
system, including any equipment and/or support structures, must be
located in a position where it will not impact any applicable fire
code setback requirements.
8.
Fencing,
ballards, or curb must be erected around each wind machine located
on nonresidential properties to protect the unit from vandalism, vehicle
collisions, and other damage that may occur to the unit or other property.
In the alternative, other similar safety measures may be proposed
to and approved by the planning commission.
9.
For
units visible beyond the property line, the tower/blades/equipment
must be painted a nonreflective, unobtrusive color or have a nonreflective
surface. Brand names or advertising must not be visible from the ground
or any public right-of-way.
10.
No illumination of the turbine or tower will be allowed unless required
by the Federal Aviation Administration.
11.
All wiring between the tower and the adjacent building(s) must be
underground.
D.
Prohibited
Locations.
1.
Small
wind energy conversion systems will not be allowed on vacant lots.
2.
A
small wind energy conversion system will not be allowed on a site
listed in the National Register of Historic Places or the California
Register of Historical Resources pursuant to Section 5024.1 of the
Public Resources Code.
3.
No
small wind energy conversion system will be placed so that it is visible
from any coastal scenic resource area designated by Table 5-3 of the
adopted and certified Crescent City general plan.
4.
No
small wind energy conversion system will be located within one hundred
feet of any sensitive or endangered habitat designated by the California
Department of Fish and Game without written permission from that agency.
5.
No
Small wind energy conversion system will be located within any public
right-of-way, easement, path of travel, or interior traffic circulation
system.
E.
Application
Requirements. All application submittals for small wind energy conversion
systems must include:
2.
Photographs
of the property and the exact location where the system will be installed.
3.
If
the proposed system is higher than the surrounding buildings, a visual
simulation is required showing the relationship between the buildings
and the proposed system.
4.
Standard
drawings and an engineering analysis of the tower, showing compliance
with the Uniform Building Code and California Building Standards Code
(as adopted by the city) and certification by a licensed professional
engineer.
5.
A
line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation
conforms to the National Electric Code.
6.
Unless
the applicant indicates that the project will not connect the system
to the electricity grid, the application shall include evidence that
the electric utility service provider that serves the proposed site
has been informed of the applicant's intent to install an interconnected
customer-owner electricity generator.
7.
Proof
that the system's turbine has been approved by the state energy resources
conservation and development commission as qualifying under the emerging
renewables fund of the commission's renewables investment plan or
certified by a national program recognized and approved by the energy
commission.
8.
Proof
that the system complies with all applicable Federal Aviation Administration
requirements if located in an airport landing or take-off pattern.
Include any necessary approvals for installations close to airports
and the requirements of the State Aeronautics Act (Part 1 commencing
with Section 21001 of Division 9 of the Public Utilities Code).
F.
Abandonment
and Abatement. Any small wind energy conversion system may be declared
a public nuisance in the following circumstances and will be abated
by repair, rehabilitation, or removal at the owner's expense:
1.
The
system has not generated power for twelve consecutive months.
2.
The
system falls into general disrepair or is not properly maintained.
3.
Sound
produced by the turbine under normal operating conditions, as measured
at the property line, exceeds the definition of nuisance noise except
during short-term events out of anyone's control such as utility outages
and/or severe wind storms.
G.
Revocation.
As allowed by California State law, any approved use permit may be
revoked by vote of the planning commission at such time that the small
wind energy conversion system is found to be in violation of this
or any applicable city ordinance or is found to be a public nuisance.
Editor's note—Ord. 752 § 6(Exh. B), adopted Feb. 1, 2010, amended § 17.48.040 title to read as here-in set out. Former § 17.48.040 title pertained to small wind energy systems.
(Ord. 695 § 2, 2003; Ord. 752 § 6(Exh. B), 2-1-2010)
The installation of a manufactured home certified under the
National Manufactured Housing Construction and Safety Standards Act
on individual lots in an area zoned for one-family residential units
(R-1) in lieu of a home placed by conventional construction is permitted
if in compliance with the following requirements:
A.
The
manufactured home shall be subject to the same development standards
to which a conventional single family residential dwelling on the
same lot would be subject including but not limited to, building setback
standards, side and rear yard requirements, standards for enclosure
and access, vehicle parking and any applicable aesthetic requirements,
an minimum square footage requirements.
B.
Pursuant
to Section 65852.3 of California Government Code, the manufactured
homes installed pursuant to this section shall conform to the following:
1.
The
unit shall be placed on a permanent foundation system pursuant to
Section 18551 of the Health and Safety Code.
2.
The
unit shall have a roof overhang of not less than four inches on any
side, or portion thereof, and not less than six inches on each end
of the unit. "End" is defined as the pulling front of each section
and the rear of each transported section.
3.
Roofing
material must consist of composition or similar shingles or tile,
including a simulated tile.
4.
The
exterior covering material shall be a conventional home siding such
as a vertical or horizontal wood base product siding or masonry, vinyl
or aluminum horizontal siding.
5.
The
exterior covering material shall extend to within six inches of the
ground, except that when a solid concrete or masonry perimeter foundation
is used the exterior covering material need not extend below the top
of the foundation.
C.
The
manufactured home placement shall be subject to the same hazard standards
(bluff, FEMA, etc) as any conventional residence which would be placed
on the same site.
(Ord. 695 § 2, 2003)
Subject to the issuance of a use permit, mobilehome parks, as
defined in Section 18214 of the Health and Safety Code, are permitted
on all land designated by the general plan and zoned as residential,
provided that:
A.
Project
density, including existing or non-mobilehome park residential development,
does not exceed that designated to the parcel by the land general
plan use designation for the subject parcel; and
B.
Project
development shall meet the adopted mobilehome park development standards;
C.
Setbacks
from the exterior property boundaries of the project shall be observed;
D.
Parking
shall be as for one-family dwellings;
E.
No
recreational vehicle occupancy shall be permitted; and
F.
Mobilehome
park dwelling units shall conform to the following standards:
1.
The
unit shall be placed on a permanent foundation system pursuant to
Section 18551 of the Health and Safety Code.
2.
The
unit shall have a roof overhang of not less than four inches on any
side, or portion thereof, and not less than six inches on each end
of the unit. "End" is defined as the pulling front of each section
and the rear of each transported section.
3.
Roofing
material must consist of composition or similar shingles or tile,
including a simulated tile.
4.
The
exterior covering material shall be a conventional home siding such
as a vertical or horizontal wood base product siding or masonry, vinyl
or aluminum horizontal siding.
5.
The
exterior covering material shall extend to within six inches of the
ground, except that when a solid concrete or masonry perimeter foundation
is used the exterior covering material need not extend below the top
of the foundation.
6.
The
manufactured home placement shall be subject to the same hazard standards
(bluff, FEMA, etc) as any conventional residence which would be placed
on the same site.
(Ord. 695 § 2, 2003)
A.
Conditional
Use Permit Required. Single room occupancy (SRO) facilities are allowed
in the Residential-Professional District with a duly issued conditional
use permit. No conditional use permit may be issued for an SRO facility
unless the development standards set forth in this section are met.
B.
Development
Standards for Single Room Occupancy facilities. The following development
standards apply to SRO facilities.
1.
Density.
The maximum potential number of single-room occupancy units allowable
within a building shall be determined based on compliance with applicable
zoning ordinance development standards (e.g., height, floor area ratio,
setbacks, lot coverage, parking, open space, etc.).
2.
Density
Exception—Motel Conversions. Exceptions to development density
standards for the conversion of existing motels to SROs may be made
if the Planning Commission finds that the proposed conversion will
not be detrimental to adjacent properties.
3.
Square
Footage. Excluding the closet and the bathroom area, an SRO unit must
be a minimum of one hundred fifty square feet in floor area. The total
average unit size in a facility shall be no greater than two hundred
seventy-five square feet and no individual living unit may exceed
four hundred square feet.
4.
Closet.
Each SRO unit must have a separate closet.
5.
Bathroom.
Each SRO unit must have a separate bathroom containing a water closet,
lavatory and bathtub or shower.
6.
Kitchen.
Each SRO unit must be equipped with a kitchen sink, cooking appliance,
and refrigeration facilities.
7.
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.
8.
Occupancy.
An SRO unit may accommodate a maximum of two persons. SRO units in
excess of three hundred twenty square feet may accommodate a maximum
of three persons.
9.
Parking.
One parking space per SRO unit is required.
10.
Parking Exception - Motel Conversions. Motel conversions may be provided
with a reduction in parking requirements if the facility is located
within five hundred feet of public transportation.
11.
Accessibility. All SRO units must comply with all applicable accessibility
requirements.
12.
Code Compliance. SRO units must comply with all requirements of the
California Building Code and all other applicable codes.
13.
Management Plan. The SRO facility must have a management plan approved
by the Community Development Department.
(Ord. 797 § 2, 11-7-2016)
Principal Permitted Use. Mobile vending pursuant to Chapter 5.44 is a principally permitted use in all zoning districts except R-1 (low density residential), R-2 (moderate density residential), and R-3 (high density residential).
Use Permits Required. Mobile vending pursuant to Chapter 5.44 is permitted by conditional use permit only in the following zoning districts: R-1 (low density residential), R-2 (moderate density residential), and R-3 (high density residential).
Site Plan Required. A site plan must be approved by the planning
commission as part of the use permit.
(Ord. 817 § 2, 2020)
