Note: Editor's note—Ord. 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.83, §§ 17.83.010—17.83.030, and enacted a new Chapter 17.83 as set out herein. The former Chapter 17.83 pertained to Coastal Zone Transitional Zoning and Uses. See Code Comparative Table for complete derivation.
A. 
A coastal development permit for a second residential unit for seniors may be administratively authorized without a discretionary hearing provided:
1. 
The parcel on which the second unit would be sited is twice the minimum lot size of the zoning district in which it is located; and
2. 
The development of the second unit would be consistent with all policies and standards of the certified LCP, including but not limited to:
3. 
The second unit would not obstruct public access to and along the coast, or public trails.
4. 
The second unit would not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and would be compatible with the character of the area.
5. 
All development associated with the second unit would provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements.
6. 
The means of accommodating the second unit: (1) would not have an adverse effect on coastal resources (2) would ensure adequate services will be provided to serve the proposed development; and (3) would not displace Coastal Act priority uses. If the means for accommodating a second unit will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve the proposed development, or will displace priory uses, the second unit shall be denied.
B. 
Where an CZ-R1 designated parcel does not qualify for a second dwelling unit due to a lack of possessing twice the minimum lot size, 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:
1. 
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.
2. 
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.
3. 
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.
4. 
Any structural additions or alterations shall comply with all building, zoning, health and fire code requirements.
5. 
Utilities for the second dwelling area (electricity, water, sewage disposal, etc.) shall be integrated into those of the primary residence.
6. 
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.
7. 
The development of the second unit would be consistent with all policies and standards of the certified LCP, including but not limited to:
a. 
The second unit would not obstruct public access to and along the coast, or public trails.
b. 
The second unit would not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and would be compatible with the character of the area.
c. 
All development associated with the second unit would provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements. The means of accommodating the second unit: (1) would not have an adverse effect on coastal resources (2) would ensure adequate services will be provided to serve the proposed development; and (3) would not displace Coastal Act priority uses. If the means for accommodating a second unit will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve the proposed development, or will displace priory uses, the second unit shall be denied. 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. Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.
(Ord. of 2-22-2011(1))
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.
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 Municipal Code).
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:
•
Nature of the disability, with respect to the ability to or likelihood to drive.
•
Proximity to public transit.
•
Number of non-driving persons.
•
Development of an alternate parking plan or resident transportation program.
In general, residential uses in one-family dwellings, which involve staff who also live at the premises, should meet the following guidelines:
i. 
One off-street parking space for the first six client beds, and
ii. 
One off-street parking space for every four client beds (or portion thereof) above the first six, and
iii. 
One off-street parking space for each employee or staff member.
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 Directors 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. of 2-22-2011(1))
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, and consistent with the California Coastal Act, 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, including those for coastal development permits, 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 this section.
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.
3. 
Any housing development granted a density bonus including those approved pursuant to Government Code Section 65915, shall be consistent with all certified Local Coastal Program policies and development standards.
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.
H. 
Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.
I. 
Notwithstanding the demonstration of qualifications for a density bonus and/or a waiver of development standards set forth above, in reviewing a proposed density bonus and/or any related waiver of development standards, the city shall identify all feasible means of accommodating the density bonus and/or complying with the subject development standards, taking into consideration the effects of such means on coastal resources. The city shall only grant a density bonus and/or related development standards waiver if the city determines that the means of accommodating the additional density bonus and/or constructing the project under the waived development standards as proposed by the applicant would not have an adverse effect on coastal resources. If, however, the city determines that the means for accommodating the density bonus and/or constructing the project under the waived development standards as proposed by the applicant would have an adverse effect on coastal resources, the city shall not grant the density bonus and/or waiver to development standards. For the purposes of this section, "coastal resources" means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, California Public Resources Code Section 30200 et seq., including but not limited to public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.
(Ord. of 2-22-2011(1))
Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed § 17.83.040, which pertained to Small wind energy systems. See Code Comparative Table for complete derivation.
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, and 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.
D. 
Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.
(Ord. of 2-22-2011(1))
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;
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.
G. 
Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.
(Ord. of 2-22-2011(1))
New timeshare/resort hotel facilities may be authorized in CZ-HS and CZ-CW districts subject to the following standards:
A. 
More than fifty percent of the units shall be open and available to the general public on a daily, year-round basis.
B. 
The non-fractional use guestrooms (units) shall be available to the general public on a daily, year-round basis.
C. 
Up to fifty percent of the total number of units within the timeshare/resort hotel facility may be owned by separate individual entities, or by multiple entities on a fractional time basis.
D. 
Fractional interests sold shall not exceed three month (one-fourth) intervals within any one-year period.
E. 
Fractional time owners shall have limited rights to use their units including a maximum use of ninety days per calendar year with a maximum of thirty consecutive days of use during any sixty day period and a maximum of thirty days during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day).
F. 
No person shall occupy any unit or units within a given facility for more than sixty days per calendar year and no more than thirty days during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day).
G. 
When an individual owner chooses not to occupy his or her unit, that unit shall be added to the pool of hotel rooms available to the general public.
H. 
When an owner of a fractional interest in a unit chooses not to occupy his or her unit for any portion of the time allotted to him or her, that unit shall be available to the general public on the same basis as the traditional hotel units.
I. 
The facility shall have an on-site hotel operator to manage rental of all guestroom units.
J. 
The hotel owner/operator shall retain control and ownership of all structures, recreational amenities, meeting space, restaurants, "back of house" and other non-guest facilities.
K. 
The timeshare/resort hotel facility shall be operated as a hotel, managing all guestroom/units as part of the hotel inventory, including requirements for a centralized reservations booking system, mandatory front desk check-in and check-out services, advertising, security, maintenance, cleaning services, daily housecleaning, and preparing units for use by guests and owners.
L. 
Management of the timeshare/resort hotel facility shall ensure that at least fifty percent of the units within any given facility shall be made available each day for transient overnight accommodations during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day).
M. 
The hotel operator shall maintain records of usage by owners and renters and rates charged for all units, and shall be responsible for reporting Transient Occupancy Taxes based on records of use for all units, a service for which the hotel operator may charge the unit owner a reasonable fee.
N. 
No portion of the timeshare/resort hotel (neither fractional units nor traditional hotel units) may be converted to full-time occupancy condominium, another type of limited use overnight visitor accommodations, or other project that differs from the approved hotel units.
O. 
The hotel owner/operator shall be required to submit, prior to issuance of a coastal development permit, for the review and approval of the Planning Director, a Declaration of Restrictions or CC&Rs (Covenants, Conditions 8 Restrictions), either of which shall include: (a) all the specific restrictions listed above; (b) acknowledgement that these same restrictions are independently imposed as condition requirements of the coastal development permit; (c) a statement that provisions of the Declaration/CC&Rs that reflect the requirements of A. through M. above cannot be changed without approval of an LCP amendment by the Coastal Commission and subsequent coastal development permit amendment, provided however, that minor changes that do not conflict with above restrictions may be processed as an amendment to the coastal development permit, unless it is determined by the Planning Director that an amendment is not legally required. If there is a section of the Declaration/CC&Rs related to amendments, and the statement provided pursuant to this paragraph is not in that section, then the section on amendments shall cross-reference this statement and clearly indicate that it controls over any contradictory statements in the section of the Declaration/CC&Rs on amendments; and (d) the CC&Rs or Declaration of Restrictions described above shall be recorded against all individual property titles simultaneously with the recordation of the condominium airspace map.
P. 
The hotel owner/operator or any successor-in-interest hotel owner/operator shall maintain the legal ability to ensure compliance with the terms and conditions stated above at all times in perpetuity and shall be responsible in all respects for ensuring that all parties subject to these restrictions comply with the restrictions. Each owner of a fractional interest in a unit is jointly and severally liable with the hotel owner/operator for violations of the terms and conditions hereof imposed by the special conditions of the coastal development permit. Violations of the coastal development permit can result in penalties pursuant to Public Resources Code Section 30820.
Q. 
All documents related to the marketing and sale of the fractional interest units, including marketing materials, sales contracts, deeds, CC & R's and similar documents, shall notify buyers of the following: (a) the owners of a fractional interest in a unit are jointly and severally liable with the hotel owner/operator for any violations of the terms and conditions hereof imposed by the coastal development permit; and (b) the occupancy of the units is restricted to ninety days per calendar year with a maximum of thirty consecutive days of use during any sixty day period and a maximum of thirty days during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day), and when not in use by the owner, the unit shall be made available for rental by the hotel operator to the general public and that the coastal development permit contains additional restrictions on use and occupancy.
R. 
The hotel owner/operator and any successor-in-interest hotel owner/operator, and each future owner of a fractional interest in a unit shall obtain, prior to sale of a fractional interest, a written acknowledgement from the buyer that occupancy by the owner is limited to ninety days per calendar year with a maximum of thirty consecutive days of use during any sixty day period and a maximum of thirty days during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day), that the unit must be available for rental by the hotel operator to the general public when not occupied by the owner, and that there are further restrictions on use and occupancy in the coastal development permit and the CC&Rs or Declaration of Restrictions.
S. 
The hotel owner/operator and any successor-in-interest hotel owner/operator shall monitor and record hotel occupancy and use by the general public and the owners of a fractional interest in a unit throughout each year. The monitoring and record keeping shall include specific accounting of owner usage for each individual guestroom/unit. The records shall be sufficient to demonstrate compliance with the restrictions set forth above in this section. The hotel owner-operator shall also maintain documentation of rates paid for hotel occupancy and of advertising and marketing efforts. All such records shall be maintained for ten years and shall be made available to the city, and to the Executive Director of the Coastal Commission upon request and to the auditor required below. Within thirty days of commencing hotel operations, the hotel owner/operator shall submit notice to the Planning Director and to the Executive Director of the California Coastal Commission of commencement of hotel operations.
T. 
Within ninety days of the end of the first calendar year of hotel operations, and within ninety days of the end of each succeeding calendar year, the hotel owner/operator shall retain an independent auditing company, approved by the Planning Director, to perform an audit to evaluate compliance with special conditions of the coastal development permit which are required by this Section regarding notice, recordkeeping, and monitoring of the timeshare/resort hotel. The audit shall evaluate compliance by the hotel owner/operator and owners of fractional interests in a unit during the prior calendar year period. The hotel owner/operator shall instruct the auditor to prepare a report identifying the auditor's findings, conclusions and the evidence relied upon, and such report shall be submitted to the Planning Director, for review and approval, and shall be available to the Executive Director of the Coastal Commission upon request, within six months after the conclusion of each one year period of hotel operations. After the initial five calendar years, the one-year audit period may be extended to two years upon written approval of the Planning Director. The Planning Director may grant such approval if each of the previous audits revealed compliance with all restrictions imposed above.
(Ord. of 2-22-2011(1))