Crescent City City Zoning Code

Principal Permitted Use. ADUs that comply with the provisions of this chapter in all respects are a principal permitted use in any non-coastal zoning district that principally or conditionally permits residential uses.

Uniform Codes. All ADUs must comply with all applicable building and fire codes, state habitability requirements, and health and safety codes, unless where explicitly exempted by Government Code Sections 66314 through 66331.

Solar Energy. An ADU is only subject to the California Energy Code requirement to provide a solar energy system if it qualifies as one of the following:

Minimum Size. All ADUs must be at least one hundred fifty square feet.

Fire Sprinklers. No ADU will be required to install fire sprinklers in the ADU unless they are required of the primary dwelling. The construction of an ADU does not trigger the requirement for fire sprinklers to be installed in an existing primary dwelling.

Septic. If a proposed ADU is planned to use an on-site wastewater treatment system (OWTS), then prior to issuance of the building permit, the applicant must submit certification from the Del Norte County health department stating that the existing OWTS is of adequate size and condition to support projected sewage flow for both the primary dwelling and the proposed ADU. If the capacity or condition of the existing OWTS is found to be inadequate to serve the existing dwelling and the proposed ADU, then the OWTS must be replaced or upgraded to meet current standards, at the sole expense of the applicant. A percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years, may be required.

Public Improvements. ADUs are exempt from any requirement to make street and/or sidewalk improvements.

Nonconforming Conditions. The issuance of a permit to create an ADU may not be denied due to existing nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit.

Parking. There will be no off-street parking requirements for ADUs. If existing off-street parking is lost due to the conversion of an existing garage or carport, then replacement off-street parking is not required.

Permanent Foundations. All ADUs must have a permanent foundation. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat cannot be used as an ADU.

SB 9 Lot Split. If a property owner in a single-family residential zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum of two units allowed on each lot resulting from the lot split. The ADU must remain with the primary dwelling.

Short-Term Rentals Prohibited. The use of any ADU as a short-term rental (thirty days or less) is prohibited.

Application. This section applies to ADUs that are built outside the walls of the existing or proposed single-family dwelling but that is physically attached to the existing or proposed single-family dwelling. These units are referred to as "attached ADUs."

Size. The total floor area of an attached ADU may not exceed fifty percent of the floor area of the existing or proposed primary dwelling or up to one thousand two hundred square feet for a detached ADU.

Setbacks. Side and rear yard setbacks for an attached ADU are four feet. Setbacks may be required to be greater than four feet if necessary to comply with any recorded utility easement or other previously recorded setback restrictions. Front yard setbacks for the applicable zoning district apply to an attached ADU. However, if the front yard setback does not allow for the creation of an eight hundred square foot attached ADU, then the front setback shall not apply to the extent necessary to allow for the creation of an eight hundred square foot attached ADU. No setbacks are required for existing living areas or accessory structures, including extension of existing structures with same setbacks.

Height. The maximum height allowed for an attached ADU is twenty-five feet or the applicable zoning height limitation, whichever is lower.

Separate Entrance. The attached ADU must have a separate exterior entrance from the primary dwelling.

Application. This section applies to ADUs on a lot with an existing or proposed single-family residence dwelling that are new construction and not physically attached to the primary dwelling nor a conversion of existing space in an accessory structure. These units are referred to as "detached ADUs."

Size. The total floor area for a detached ADU may not exceed one thousand two hundred square feet.

Location. Detached ADUs shall be located at least five feet from any other building.

Setbacks. Standard rear and side yard setbacks for detached ADUs are four feet. Setbacks may be required to be greater than four feet if necessary to comply with any recorded utility easement or other previously recorded setback restrictions. Front yard setbacks for the applicable zoning district apply to detached ADUs. However, if the front yard setback does not allow for the creation of an eight hundred square foot detached ADU, then the front setback shall not apply to the extent necessary to allow for the creation of an eight hundred square foot detached ADU.

Height. The maximum height for a detached ADU on a lot with an existing or proposed single-family residence or multifamily, single story building is sixteen feet or eighteen feet if within one-half mile of a major transit stop, as defined in Public Resources Code Section 21064.3. The maximum height for a detached ADU on a lot with an existing or proposed multifamily, multistory building is eighteen feet. In addition to the applicable height limitation, an additional two feet will be allowed to accommodate a roof pitch on the ADU so that it is aligned with the roof pitch of the primary dwelling unit.

Utilities. Notwithstanding any provisions to the contrary, all utilities for a detached ADU must be installed underground.

Definition. An ADU that meets one of the following standards is a statewide exemption ADU and must be approved ministerially:

Front Yard Setbacks. Front yard setbacks for the applicable zoning district apply to a statewide exemption ADU; provided that if said front yard setback would preclude the creation of a statewide exemption ADU Type 1 or 2, the project will be exempted from the applicable set back to the extent necessary.

Exemptions. No lot coverage, floor area ratio, open space, minimum lot size, lot location, or other local design standard may preclude the construction of a statewide exemption ADU. A statewide exemption ADU will be automatically exempted from those standards to the extent necessary.

Solar Energy. New construction, non-manufactured, detached ADUs are subject to the California Energy Code requirement to provide solar systems. Per the California Energy Commission (CEC) the solar systems can be installed on either the ADU or the primary dwelling unit.

Principal Permitted Use. JADUs that comply with the provisions of this chapter in all respects are a principally permitted use in any non-coastal zoning district that principally permits single-family dwellings, and the lot contains an existing single-family dwelling or proposed single-family dwelling. Only one JADU per residential lot zoned for single-family dwellings is allowed.

Size. JADUs may be no smaller than one hundred fifty square feet and no larger than five hundred square feet. The JADU must be constructed entirely within the walls of the existing or proposed primary dwelling.

Separate Entrance. The JADU must have a separate entrance from the main entrance to the primary dwelling.

Efficiency Kitchen. Each JADU must have an efficiency kitchen which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU.

Sanitation Facilities. The JADU must either have its own sanitation facilities or access to the sanitation facilities within the primary dwelling. If the JADU does not have its own sanitation facilities, then it must have an interior access door from the JADU to the primary dwelling.

Owner-Occupancy Requirement. Either the primary dwelling or the JADU must be occupied by the property owner, unless the property owner is a governmental agency, land trust, or housing organization.

Parking. The creation of a JADU does not trigger any off-street parking requirements.

Uniform Codes. All JADUs must comply with all applicable building and fire codes, state habitability requirements, and health and safety codes, unless where explicitly exempted by Government Code Section 66333.

Fire Sprinklers. No JADU shall be required to install fire sprinklers in the JADU, unless they are required of the primary dwelling.

Utilities. No separate connection to water and sewer utilities is required for a JADU. JADUs are exempt from any requirement to underground overhead utilities.

Public Improvements. JADUs are exempt from any requirement to make street and/or sidewalk improvements.

Nonconforming Conditions. The issuance of a permit to create a JADU may not be denied due to existing nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.

Single-Family Dwelling. Lots with one or more proposed or existing single-family dwelling(s) may have the following maximum number of units:

Multifamily Dwelling. Lots with an existing or proposed multifamily dwelling may have the following maximum number of units as applicable:

Permit Required. A planning permit to construct an ADU or JADU pursuant to this chapter is required.

Ministerial Review Process. A planning permit application for an ADU or a JADU shall be considered and approved ministerially if it complies with the provisions of this chapter. If there is an existing primary dwelling on the lot, then the permit application shall be either approved or denied within sixty days from the date the city receives a complete application. If the permit application for an ADU or a JADU is submitted with a permit application to construct a new primary dwelling on the lot, then the city may delay approving or denying the permit application for the ADU or JADU until the permit application to construct the new primary dwelling is approved or denied. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.

Denials. If the city denies an application for an ADU or JADU, then the city must, within the time period described in subsection A, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

Demolition Permits. If a detached garage is to be demolished and replaced with a detached ADU, then the demolition permit must be reviewed at the same time as the application for the ADU and issued at the same time. The applicant may not be required to provide written notice of demolition or to post a demolition notice placard for the demolition of the detached garage to be replaced with a detached ADU.

Variance. If a property owner desires to construct an ADU that is in excess of the size, height, setback, lot coverage, or building spacing requirements, the property owner may apply for a variance under Chapter 17.56.

Accessory Dwelling Units. Prior to the issuance of a certificate of occupancy for an ADU, the following must occur:

Junior Accessory Dwelling Unit. Prior to the issuance of a certificate of occupancy for a JADU, the following must occur:

Utility Connection Fees.

Impact Fees.

Compliance Required.

Enforcement Proceedings. ADUs described in subsection A for which an ADU permit is not obtained post-construction nor is an exception by way of a variance obtained from the planning commission, will be subject to nuisance abatement proceedings and all other legal remedies available to the city.

Notice of Right to Request a Delay in Enforcement. In any notice to correct a violation or abate a nuisance based upon the failure of an ADU to meet development standards as described in subsection A, the city must notify the owner that they have a right to request a delay in enforcement if the ADU was constructed prior to January 1, 2020.

Request to Delay Enforcement. The owner of the ADU may request that enforcement of the violation be delayed for five years on the basis that the correcting violation is not necessary to protect health and safety. This request shall be made in writing and in the manner prescribed by the city.

Granting a Request for Delay in Enforcement. Requests to delay enforcement will be granted only if the city determines that correcting the violation is not necessary to protect health and safety. In making this determination the city staff shall consult with the building official and the fire chief regarding health and safety concerns.

Deadline for Approving Requests. No applications for a delay in enforcement may be approved on or after January 1, 2030. Any delay that was approved prior to January 1, 2030, however, will be valid for the full term of the delay that was approved at the time of the initial approval of the application.