Crescent City City Zoning Code
CHAPTER 17
48 SPECIAL ZONING USES
§ 17.48.010 Senior second units.
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)
§ 17.48.020 Reasonable housing accommodation for persons with disabilities.
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)
§ 17.48.030 Incentives for affordable housing.
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 developer 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 qualify for a density bonus, a project, unless otherwise ineligible, must be in compliance with the Government Code Section 65915 et seq. as amended, according to one of the following options:
1.
Low-Income Housing. A minimum of ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in section 50079.5 of the Health and Safety Code (Government Code Section 65915(b)(1)(A)).
2.
Very Low-Income Housing. A minimum of five percent of the total units of a housing development, including a shared housing building development, are for rental or sale to very low-income households, as defined in Section 50105 of the Health and Safety Code (Government Code Section 65915(b)(1)(B)).
3.
Senior Citizen Housing. A senior citizen shared-housing development, as defined in Sections 51.3 and 51.11 of the Civil Code, or a mobilehome park, that limits residency based on age requirements for housing for older persons (Government Code Section 65915(b)(1)(C)).
4.
Moderate-Income Housing. A minimum of ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase (Government Code Section 65915(b)(1)(D)).
5.
Foster Youth/Disabled Veterans/Homeless Persons Housing. A minimum of ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in the Government Code. Section 18541, or homeless persons, as defined in the federal McKinley-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.) (Government Code Section 65915(b)(1)(E)).
6.
Student Housing. A minimum of twenty percent of the total units (one rental bed and its pro rata share of associated common area facilities) for lower income students in a student shared-housing development subject to all requirements found under Government Code Section 65915(b)(1)(F)(I)-(IV) (Government Code Section 65915(b)(1)(F)).
7.
100% Affordable Housing. One hundred percent of all units in the shared housing building development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that a maximum of twenty percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code (Government Code Section 65915(b)(1)(G)).
B.
Limitation. Density bonuses shall not exceed the awarded calculation of the density bonus pursuant to Government Code Section 65915(f) per the requested category and units proposed by the applicant (Government Code Section 65915(b)(2)).
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 and shall:
D.
Timelines. The applicant must be notified within thirty days of application submission whether the application is deemed complete. If the application is deemed incomplete, then city must provide the applicant with an exhaustive list of items on the city's checklist that were not complete. Upon re-submittal of the application, the city will have an additional thirty days to determine the application's completeness. If the written notification of the completeness determination is not made within the thirty-day period on the original or any subsequent application, then the application will be deemed complete. With the notification of determination of application completeness, city must also notify the applicant of the following:
1.
The amount of the density bonus for which the applicant is eligible (calculated pursuant to Government Code Section 65915(f);
2.
If the applicant requests a parking ratio pursuant to Section 65915(p), the parking ratio for which the applicant is eligible.
3.
If the applicant requests incentives or concessions pursuant to Section 65915(d) or waivers or reductions of development standards pursuant to Section 65015(e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards.
Once deemed complete, the application will be scheduled for a planning commission Hearing within forty-five days.
E.
Maintenance of Affordable Units. In exchange for the granted density bonus, the developer shall guarantee the continued affordability of the designated units will be maintained for very low- and low-income households for fifty-five years, or a longer period of time required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, or as determined by the California Tax Credit Allocation Committee.
1.
Deed Restriction. 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.
2.
Maintenance. All units must be maintained to meet HUD Housing Quality Standards.
F.
Development Standards. All residential projects granted a density bonus shall conform to the development standards, as defined under Government Code Section 65915(o)(2), as applicable:
1.
Unless waived under Section 17.48.030(H); or
2.
Unless it will have the effect of physically precluding the construction of a development meeting the State Density Bonus Law, densities, and waiver (concession/incentive) (Government Code Section 65915(e)(1)); or
3.
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.
Off-Street Parking Standards. The off-street parking ratio, inclusive of parking for persons with a disability and guests, of an affordable housing development, unless otherwise exempt, shall be subject to the following standards:
H.
Waiver of Development Standards. If the applicant submits a proposal for a specific waiver (incentive/concession), subject to the waiver (incentive/concession), as defined under Government Code Section 65915(k), calculation under Government Code Section 65915(d)(2), to waive a specific development standard, as defined under Government Code Section 65915(o)(2), the city shall grant the waiver requested by the applicant unless the city makes a written finding, based on substantial evidence and bearing the burden of proof, of any of the following:
1.
Affordability Impact. The waiver does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
2.
Adverse Impact. The waiver would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
3.
Illegal. The waiver would be contrary to state or federal law.
I.
Compliance.
1.
Local. Granting a density bonus and waiver shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal program/plan amendment, zoning change, ordinance amendment, and/or any other discretionary approval.
2.
State. To the extent any provision of this chapter is inconsistent with state law governing Density Bonus, the applicable state law, as amended from time to time, shall govern.
(Ord. 695 § 2, 2003; Ord. 841, 6/3/2024)
§ 17.48.040 Small wind energy conversion systems.
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)
§ 17.48.050 Installation of manufactured homes on individual lots.
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)
§ 17.48.060 Mobilehome parks in residential areas.
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)
§ 17.48.070 Single room occupancy facilities.
Development Standards for Single Room Occupancy facilities. The following development standards apply to SRO facilities.
A.
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.).
B.
Density Exception—Motel Conversions. The planning director may grant an exception to development density standards for the conversion of existing motels to SROs if they find that the proposed conversion will not be detrimental to adjacent properties. The Planning Director's determination may be appealed to the planning commission.
C.
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.
D.
Closet. Each SRO unit must have a separate closet.
E.
Bathroom. Each SRO unit must have a separate bathroom containing a water closet, lavatory and bathtub or shower.
F.
Kitchen. Each SRO unit must be equipped with a kitchen sink, cooking appliance, and refrigeration facilities.
G.
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.
H.
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.
I.
Parking. One parking space per SRO unit is required.
J.
Parking Exception — Motel Conversions. The Planning Director may approve a reduction in parking requirements for motel conversions if the facility is located within five hundred feet of public transportation. The determination of the Planning Director may be appealed to the planning commission.
K.
Accessibility. All SRO units must comply with all applicable accessibility requirements.
L.
Code Compliance. SRO units must comply with all requirements of the California Building Code and all other applicable codes.
M.
Management Plan. The SRO facility must have a management plan approved by the Community Development Director.
N.
Appeals. When the applicant decides to appeal a determination of the Planning Director made pursuant to this section, they shall deliver a written notice of appeal to the Planning Department within ten days of the Planning Director's written decision.
(Ord. 797 § 2, 11-7-2016; Ord. 843, 9/3/2024)
§ 17.48.080 Mobile vendors.
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)