Crescent City City Zoning Code

A coastal development permit for a second residential unit for seniors may be administratively authorized without a discretionary hearing provided:

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:

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:

City Programs. The following have been identified as city programs which should be considered with respect to requests for reasonable accommodation:

Notices and Hearings.

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.

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.

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.

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.

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.

Development Standards.

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:

Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.

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.

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.

Pursuant to Section 65852.3 of California Government Code, the manufactured homes installed pursuant to this section shall conform to the following:

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.

Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.

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;

Project development shall meet the adopted mobilehome park development standards;

Setbacks from the exterior property boundaries of the project shall be observed;

Parking shall be as for one-family dwellings;

No recreational vehicle occupancy shall be permitted; and

Mobilehome park dwelling units shall conform to the following standards:

Nothing in this section substitutes for or obviates the requirement to obtain a coastal development permit pursuant to Chapter 17.84.

More than fifty percent of the units shall be open and available to the general public on a daily, year-round basis.

The non-fractional use guestrooms (units) shall be available to the general public on a daily, year-round basis.

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.

Fractional interests sold shall not exceed three month (one-fourth) intervals within any one-year period.

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).

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).

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.

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.

The facility shall have an on-site hotel operator to manage rental of all guestroom units.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.