The purpose of this Chapter is to adopt an ordinance that specifies how compliance with Government Code Section 65915-65918 ("State Density Bonus Law") will be implemented in an effort to encourage the production of low income housing units in developments proposed within the County.

(Ord. 2014-001 § 2, 2014)

Unless otherwise specified in this chapter, the definitions found in state density bonus law shall apply to the terms contained herein.

This chapter shall to all zoning districts, including mixed use zoning districts, where residential developments of five (5) or more dwelling units are proposed and where the applicant seeks and agrees to provide, low, very low, senior and moderate income units in threshold amounts specified in the state density bonus law such that the resulting density is beyond that which is permitted by the applicable zoning. This chapter and state density bonus shall apply only to the residential component of a mixed use project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.

(Ord. 2014-001 § 2, 2014)

A density bonus for housing development means a density increase over otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as provided in state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.

(Ord. 2014-001 § 2, 2014)

1. Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to the state density bonus law shall provide the county with a written proposal. The proposal shall be submitted prior to or concurrently with filing the building permit application or planning permit application (whichever is required first) for the housing development and shall be processed in conjunction with the underlying application.
2. The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to the state density bonus law shall include the following information:
   1. Requested Density Bonus. The specific requested density bonus proposal shall provide evidence that the project meets the thresholds for state density bonus law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under state density bonus law and the resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to state density bonus law.
   2. Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report evidencing that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the county to verify its conclusions.
   3. Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by Section 20.65.80 and to the extent such limitations are exceeded will be considered as a request for an incentive.
3. At their sole discretion the Board of Supervisors may approve a density bonus and/or incentive(s) in accordance with state density bonus law for a project that does not maximize the underlying base zoning density. Additionally, nothing herein prevents the county from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein when the housing development does not meet the minimum thresholds (see application procedures).

(Ord. 2014-001 § 2, 2014)

1. The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to the state density bonus law.
2. An incentive includes a reduction in site development standards for a modification of zoning requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive may be the approval of mixed use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project.
3. A requested incentive may be denied only for those reasons provided in the state density bonus law. Denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.

(Ord. 2014-001 § 2, 2014)

The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change, or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change, or other discretionary approval, the county retains discretion to make or not make the required findings for approval of the base project.

(Ord. 2014-001 § 2, 2014)

A waiver is a modification to a development standard such that to construct at the increased density would be physically impossible. Development standards include, but are not limited to, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density. To be entitled to the requested waiver the applicant must show that without the waiver construction of the project would be physically precluded. There is no limit on the number of waivers.

(Ord. 2014-001 § 2, 2014)

Prior to project approval, the applicant shall enter into an affordable housing agreement with the county to be executed by the county administrative officer without review by the planning commission or board of supervisors if the underlying application does not require review and and/or approval by those bodies, to the satisfaction of the county counsel guaranteeing the affordability of the rental or ownership units for a minimum of thirty (30) years and identifying the type, size and location of each affordable unit. Such affordable housing agreement shall be recorded in the Del Norte County recorder's office.

(Ord. 2014-001 § 2, 2014)

1. Affordable units must be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or interior quality as determined by the building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.
2. Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

(Ord. 2014-001 § 2, 2014)

The ordinance codified in this chapter shall be known and may be cited as the "Del Norte County airport zoning ordinance."

(Ord. 80-14 (part), 1980)

Pursuant to the authority conferred by the Conservation and Planning Act of the state of California and in conformity with Sections 21402 and 21403 of the Public Utilities Code and standards of the Federal Aviation Agency of the United States, the board of supervisors of the county of Del Norte, state of California, deems it necessary to create an "airport zoning ordinance" for the purpose of promoting the health, safety and general welfare of the inhabitants of the county of Del Norte by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the county airport and of occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and public investment therein. This ordinance regulates and restricts the height of structures and objects of natural growth and otherwise regulates the use of property in the vicinity of:

Jack McNamara Field, Crescent City

Andy McBeth Airport, Klamath Glen and

Ward Field, Gasquet.

(Ord. 80-14 (part), 1980)

The following maps are approved as the official maps for airport zoning purposes and made a part of this chapter:

Jack McNamara Field Approach and Clear Zone Plan, dated June 1978

Andy McBeth Airport Approach and Clear Zone Plan, dated July 1978

Ward Field Approach and Clear Zone Plan, dated July 1978.

These official airport zoning maps shall be on file in the office of the county clerk copies of the maps are attached hereto. The maps are subject to amendments thereof from time to time as may be necessary. Such amendments shall be entered on the official maps and the same shall be kept up to date at all times.

(Ord. 80-14 (part), 1980)

As used in this chapter, unless the context otherwise requires:

1. "Airport" means Jack McNamara Field, Andy McBeth Airport and Ward Field.
2. "Airport elevation" means the highest point of the airport's usable landing area specifically:
   
   Jack McNamara Field, fifty-seven feet above mean sea level
   
   Andy McBeth Airport, forty-one and one-half feet above mean sea level
   
   Ward Field, three hundred forty feet above mean sea level.
3. "Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 20.64.60 of this chapter. In the plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
4. "Approach, transitional, horizontal, and conical zones" means the zones as set forth in Section 20.64.50 of this chapter.
5. "Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.
6. "Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
7. "Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
8. "Larger than utility runway" means a runway that is constructed for and intended to be used by a propeller driven aircraft of greater than twelve thousand five hundred pounds maximum gross weight and jet powered aircraft specifically:
   
   Jack McNamara Field, Runways 11-29 and 17-35
   
   Andy McBeth Airport, none
   
   Ward Field, none.
9. "Nonconforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.
10. "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight in non-precision instrument approach procedure has been approved or planned specifically:
    
    Jack McNamara Field, Runway 35
    
    Andy McBeth Airport, none
    
    Ward Field, none.
11. "Obstruction" means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 20.64.60 of this chapter.
12. "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
13. "Planning commission" means the county planning commission of Del Norte County, state of California.
14. "Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) specifically:
    
    Jack McNamara Field, Runway 11
    
    Andy McBeth Airport, none
    
    Ward Field, none.
15. "Primary surface" means a surface longitudinally centered on a runway, extending and two hundred feet beyond each end of that runway, and having a width as set forth in Section 20.64.50 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
16. "Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
17. "Structure" means any object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
18. "Transitional surfaces" means the surfaces extending outward at ninety degree angles to the runway centerline and the extended runway centerline at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
19. "Tree" means any object of natural growth.
20. "Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight or less specifically: Jack McNamaraField, Runway 13-31 Andy McBeth Airport, Runway 11-29 Ward Field, Runway 6-24.
21. "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures specifically: Jack McNamara Field, Runways 13, 17, 29, and 31 Andy McBeth Airport, Runways 11 and 29 Ward Field, Runways 6 and 24.

(Ord. 80-14 (part), 1980)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to each of the airports named in Section 20.64.20. Such zones are shown on the airport zoning map for each airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1. Utility Runway Visual Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runways 13 and 31 Andy McBeth Airport, Runways 11 and 29 Ward Field, Runways 6 and 24. The inner edge of this approach zone coincides with the width of the primary surface specifically the width is: Jack McNamara Field, Runways 13 and 31, two hundred fifty feet Andy McBeth Airport, Runways 11 and 29, two hundred fifty feet Ward Field, Runways 6 and 24, two hundred fifty feet. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
2. Runway Larger Than Utility Visual Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runways 17 and 29 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface specifically, the width is: Jack McNamara Field, Runway 17, five hundred feet. Jack McNamara Field, Runway 29, one thousand feet. The approach zone expands outward uniformly to a width of one thousand five hundred feet at a horizontal distance of five thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
3. Runway Larger Than Utility (With a Visibility Minimum Greater Than Three-Fourths Mile) Nonprecision Instrument Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runway 35 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface specifically the width is: Jack McNamara Field, Runway 35, five hundred feet. The approach zone expands outward uniformly to a width of three thousand five hundred feet at a horizontal distance of ten thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
4. Precision Instrument Runway Approach Zone. This zone is located adjoining the primary surface of each of the following runway ends: Jack McNamara Field, Runway 11 Andy McBeth Airport, none Ward Field, none. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet wide. The approach zone expands outward uniformly to a width of sixteen thousand feet at a horizontal distance of fifty thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
5. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
6. Horizontal Zone. The horizontal zone is established by swinging arcs from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The radii of the arcs are: Jack McNamara Field, Runways 11, 17, 29, 35, ten thousand feet Andy McBeth Airport, Runways 11 and 29, five thousand feet Jack McNamara Field, Runways 13 and 31, five thousand feet Ward Field, Runways 6 and 24, five thousand feet. The horizontal zone does not include the approach and transitional zones.
7. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet.

(Ord. 80-14 (part), 1980)

Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1. Utility Runway Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.
2. Runway Larger Than Utility Visual Approach Zone. Slopes twenty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.
3. Runway Larger Than Utility (With a Visibility Minimum Greater Than Three-Fourths Mile) Nonprecision Instrument Approach Zone. Slopes thirty-four feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline.
4. Precision Instrument Runway Approach Zone. Slopes fifty feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline.
5. Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet above the airport elevation.
6. Horizontal Zone. Established at a height of one hundred fifty feet above the airport elevation.
7. Conical Zone. Slopes twenty feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.

(Ord. 80-14 (part), 1980)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. 80-14 (part), 1980)

1. Regulations Not Retroactive. The regulations prescribed in this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted and completed within two years thereof.
2. Marking and Lighting. Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the planning commission to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the county of Del Norte.

(Ord. 80-14 (part), 1980)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance therefrom. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the planning commission shall have the power to vary or modify any of the rules, regulations or provisions contained herein so that the spirit of the chapter shall be observed, public welfare secured and substantial justice done.

(Ord. 80-14 (part), 1980)

The county planning commission of the county of Del Norte is designated the administrator charged with the duty of administering and enforcing the regulations herein described. The duties of the planning commission include that of reviewing all applications for building permits within the approach, transitional, horizontal, and conical zones of the airports listed in Section 20.64.20 of this chapter.

(Ord. 80-14 (part), 1980)

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this chapter shall govern.

(Ord. 80-14 (part), 1980)

In the event any person should erect, construct, move, alter or attempt to erect, construct, move, or alter any structure or allow any tree to grow to a height, in violation of the provisions of this chapter, the same is declared a public nuisance, and it shall be the duty of the district attorney of the county of Del Norte to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration or growth, or if such erection, construction, moving, alteration or growth is being or has been accomplished, the district attorney shall enjoin such person from maintaining the same.

(Ord. 80-14 (part), 1980)