Del Norte County Municipal Code § 21.00

1. Intent. The purpose of this chapter is to authorize second units and to establish a procedure for reviewing and approving their development in order to ensure and maintain healthy and safe residential living environments.

2. Findings. The county of Del Norte finds as fol lows:

   1. The county acknowledges that this chapter may limit housing opportunities within the county by establish ing standards and designating areas where second units may be permitted; and

   2. The land use densities of the general plan and its implementing ordinance are based on the use of on-site sewage systems and on-site wells. This classification is based on land use, soil types, water availability, sewage failure history, and other information which attempts to provide for reasonable expectations for development while protecting the environment; and

   3. The sewage collection system within the urban area of the county was developed based on existing density and land use. The increased use of second units would accelerate the consumption of design capacity thereby excluding areas intended to be served by the collection system; and

   4. The local street and road system and develop ment standards are based on existing density and land use. The increased use of second units would result in substan dard street and road systems which will increase traffic hazards, lower response time for emergency vehicles and increase maintenance costs of public and private streets and roads; and

   5. Adoption of this chapter is necessary to avoid adverse impacts on the public health, safety and welfare that would result from allowing the indiscriminate use of second units.

(Ord. 95-03 (part), 1995)

A second unit proposed for approval shall require submission of a use permit applica tion and payment of applicable fees.

(Ord. 95-03 (part), 1995)

A second single-family unit may be permitted subject to the issuance of a building permit and a coastal development permit (unless exempt), subject to all of the following:

1. The subject parcel is within an R, RR, FR, CR, A or AE zone district.

2. The second unit is consistent with the allowable density of the applicable General Plan designation and Zoning designation. That is the subject parcel consists of a minimum of twice the minimum parcel size required by the general plan and zoning.

3. The second unit must be situated on the subject parcel so that the parcel could be subdivided, under standards applicable at the time of application, without resulting in two dwellings on one parcel.

4. The second unit shall comply with height, setback, lot coverage, architectural standards, site plan review, fees, charges and other zoning requirements generally applicable to residential placement in the zone in which the property is located at the time of application of the building permit.

5. Each dwelling unit shall be provided with separate utility connections. A shared well may be approved by the health department if it will not have an adverse effect on coastal resources.

6. Second residential units shall not obstruct public access to and along the coast or public trails.

7. Second residential units shall not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and shall be compatible with the character of the area.

8. All development associated with second residential units shall provide adequate buffers from environmentally sensitive habitat areas consistent with all local coastal program requirements.

9. The means of accommodating the Second Unit: (1) will not have an adverse effect on coastal resources (2) will ensure adequate services will be provided to serve the proposed development; and (3) will not displace Coastal Act priority uses.

10. 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 proposed development, or will displace priority uses, the second unit shall be denied.

(Ord. 95-03 (part), 1995)

A use permit for a temporary second dwelling use with cooking facilities may be considered by the planning commission in a portion of, or an addition to, any legally existing single-family resi dence subject to all of the following:

1. The second dwelling shall be used for the sole occupancy of one to two adult persons who are sixty-two years of age or over and are immediate family members of the principal residents of the parcel.

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 addi tion. 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 shall maintain direct, internal access to the habitable floor area of the primary residence, and a direct exit outside. For purposes of this section, habitable floor area shall include hallways.

4. Any structural additions or alterations shall com ply with all applicable building, zoning, health and fire code requirements.

5. Utilities for the second dwelling area (electrici ty, water, sewage disposal, etc.) shall be integrated into those of the primary residence as much as is feasible.

6. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the kitchen facilities and any duplicate utilities shall be removed, and the area no longer used for second dwelling purposes.

7. A Notice of noncompliance, stating the conditions of the use permit, shall be recorded at the time of issu ance of a building permit for the structural addition or alteration to the existing residence.

8. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

(Ord. 95-03 (part), 1995)

A use permit for the temporary establishment and use of a manufactured home or park trailer may be considered by the planning commission as a second dwelling unit in any R, RR, FR, A or AE zone dis trict for invalid family care purposes, subject to all of the following:

1. The permit shall be issued to the owner-occupant of a parcel of property, based upon the physical condition of a specific person or persons as an invalid, and such permit shall be nontransferable.

   1. The occupant of the subject unit shall be a member of the immediate family of the principal resident(s) who is the owner-occupant of the subject parcel or the occupant of the subject unit shall be a court appointed guardian to the owner-occupant of the subject parcel.

   2. Application for persons under the age of seventy years shall include a written statement, on a form provided by the county, completed by a practicing physician certify ing the need for and purpose of the requested invalid care. Verification of need shall be submitted with each annual renewal and shall be signed by the attending physician.

   3. The unit placement shall comply with all applica ble building, zoning, engineering, health and fire code requirements, and must comply with any applicable architec tural standards which apply to the parent zoning district; except that density requirements and the requirement for a permanent foundation shall not apply due to the temporary nature of the placement.

   4. Utilities for the second dwelling unit (electrici ty, water, sewage disposal, etc.) shall be integrated into those of the primary residence.

   5. When the specified occupant(s) of the second dwelling no longer reside in the unit or no longer qualify for the use permitted under these provisions, the unit shall be removed within ninety days, and the area no longer used for second dwelling purposes.

   6. A bond, or other security, in the amount of five thousand dollars, payable to the county of Del Norte, shall be posted by the applicant prior to the issuance of a building permit for the placement/installation of the sub ject unit. Any bond posted as security pursuant to this section shall comply with the provisions of the California Bond and Underwriting Law which commences with Section 995.010 of the California Code of Civil Procedure. This performance bond is to be held by the county and may be called at any time by the county to enforce removal of the unit.

   7. A notice of conditional approval, stating the conditions of the use permit and requiring the removal of the manufactured home or park trailer upon cessation of need, shall be recorded at the time of issuance of the building permit for the placement (installation) of the unit. A

notarized ac knowledgement statement by the property owner shall be included on the notice of conditional approval.

8. The use permit shall be subject to annual review and verification of compliance by the planning department and/or planning commission. A fee, in an amount determined by the board of supervisors, may be charged for the annual review.

(Ord. 95-17 § 1, 1995: Ord. 95-03 (part), 1995)