Del Norte County Municipal Code § 21.35.50 Requirements For Highly Scenic Visual Resource Areas

It is the intent of this chapter to create a district which will, when combined with a basic zoning district, implement the goals and policies of the General Plan Coastal Element and California Coastal Act regarding access, safety, aesthetic resources and special development patterns.

(Ord. 83-03 (part), 1983)

This chapter shall be applied as follows:

1. Requirements for coastal bluff hazard, tsunami and erosion or slope failure risk shall be applied as designated in Section 21.35.30(B).

2. Requirements for coastal access shall be applied to development on properties designated in Section 21.35.40(D) and along the immediate shoreline, except within the boundaries of the Crescent City Harbor District and those agricultural areas designated by the Coastal Element to be protected from access.

3. Requirements for highly scenic visual resource areas shall be applied in those areas designated pursuant to Section 21.35.50 (C)(1).

4. Requirements for special development pattern areas shall be as applied in those areas designated in Section 21.35.60.

(Ord. 83-03 (part), 1983)

• 21.35.30 Requirements Of Coastal Bluff Hazard Tsunami Erosion And Slope Failure Risk Areas

  1. Intent. It is the intent of this section to implement the policies of the certified Local Coastal Program pertaining to development in environmentally sensitive and potentially hazardous coastal bluff, tsunami and/or erosion areas.

  2. Requirements and Applicability.

     1. Coastal Bluff Areas.

        1. Geologic studies as set forth by the county grading standards shall be required as a part of the permit application for new construction within the area of demonstration to determine:

           1. Their suitability for development and

           2. The necessary setbacks and/or yards required to avoid or reduce hazards associated with bluff failure.

        2. The area(s) of demonstration of stability includes the base, face and top of all bluffs and cliffs. The extent of the bluff top considered should include the area between the face of the bluff and a line described on the bluff top by the intersection of a plane inclined at a twenty-degree angle from horizontal passing through the toe of the bluff or cliff, or fifty feet inland from the edge of the cliff or bluff, whichever is greater.

        3. Where adequate geologic evaluation, historic evidence and/or adequate protective works already exist and demonstrate stability, the county may designate a greater area of demonstration, or exclude development entirely, in known areas of high instability.

        4. Data submitted shall be utilized to require the provision of feasible mitigation(s) as a part of development such as building setbacks or engineered structures.

     2. Tsunami and Coastal Erosion Areas.

        1. Any development proposed adjacent to identified tsunami run-up and/or coastal erosion area shall require as a part of the permit application:

           1. An assessment of the rates of coastal retreat, in the case of bluffs, a detailed examination of underlying geology by a registered geologist or engineering geologist and/or

           2. An analysis of the potential for tsunami run-up.

        2. Critical Coastal Erosion Areas are:

           1. The coastal area between Point St. George and Crescent City, extending approximately 2.3 miles north from the city boundary.

        3. Critical Tsunami Run-up Areas are:

1. Those southern Crescent City areas delineated as tsunami run-up on the General Plan Coastal Element Land Use Constraint-Hazards Map.

   4. Data submitted shall be utilized to require the provision of feasible mitigation(s) as a part of development such as building setbacks, minimum-first-floor elevations or engineered structures.

   5. To the extent practicable, critical facilities, such as hospitals, schools, utility installations (other than service lines) and communication centers should not be sited in areas susceptible to tsunami inundation. Where it is deemed essential to do so for the public welfare, these structures should be sited, designed and constructed with mitigations.

2. Slope Failure Risk Areas.

   1. Geologic studies as set forth by the county grading standards shall be required as a part of any application for development and shall assess the stability of the site under both normal and seismic conditions as well as recommended mitigations.

   2. Slope failure risk areas are as identified by the Seismic Safety and Safety Element of the Del Norte County General Plan.

   3. Data submitted shall be utilized to require the provision of feasible mitigation(s) as a part of development such as building setbacks or engineered structures.

(Ord. 83-03 (part), 1983)

1. Intent. It is the intent of this section to implement the certified Local Coastal Program and the basic goal of the public access set forth in the California Coastal Act which calls for the maximization of public access both to and along the shoreline where it is consistent with public safety, property owner rights and the protection of fragile coastal resources.

2. Vertical Access.

   1. Development along the immediate shoreline shall provide public access to the shoreline except where:

      1. Findings are made consistent with Section 21.35.40(B)(2), that access is inconsistent with public safety or that agriculture would be adversely affected, or

      2. Access would have unavoidable adverse impacts on environmentally sensitive habitat areas as designated on the Land Use Plan, or

      3. An existing vertical accessway, adequate to meet anticipated access needs, is located onehalf mile or less from the development, or

      4. The parcel is to small to allow for an adequate vertical access corridor without passing within twenty-five feet of a proposed dwelling, or

      5. Project site is too small for the proposed development and the access with improvements related to its use (i.e., parking).

   2. 1. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (i) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (ii) adequate access exists nearby, or (iii) agriculture would be adversely affected. Dedicated accessways shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway.

      2. For the purposes of this section, "new development" does not include:

         1. Replacement of any structure, other than a public works facility destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. (As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owner.)

         2. The demolition and reconstruction of a single-family residence, provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten percent, and that the reconstructed residence

shall be sited in the same location on the affected property as the former structure.

3. Improvements to any structure which do not change the intensity of its use, which do not increase either the height, or bulk of the structure by more than ten percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure.

4. Any repair or maintenance activity which does not result in an addition to, or enlargement of maintenance activities unless such activity will have an adverse impact on internal public access to the beach.

   • (As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.)

   3. Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66578.14, inclusive, of the Government Code and by Section 4 of Article X of the California Constitution. (Amend. by Cal. Stats. 1979. Ch. 919.)

   4. Priority for vertical access shall be restricted to that for sandy beach areas. Accessways to rock beaches will not be required for areas where public safety is of concern or where increased visitor pressure on biological areas or areas of unique character, sensitive to visitor pressure, will be degraded.

   5. The county shall not allow any development between the mouth of the Smith River and Prince Island Court and from Marhoffer Creek north to the east line of Section 14 at Point St. George, that would preempt any prescriptive rights that may exist on a parcel. Any new development shall, when feasible, be sited in such a way that it will not infringe on any existing prescriptive rights accessways unless an alternative easement is provided on the site which is substantially equivalent to that required by the public.

5. Lateral Access.

   1. New development along the immediate shoreline shall provide lateral access by access easements along the shoreline, inland of the mean high tide to the first line of vegetation or to the crest of the paralleling bluff in areas of coastal bluffs.

No permit shall be issued for a project which obstructs lateral access on the immediate shoreline, inland of the mean high tide to the first line of vegetation, or the crest of the paralleling bluff. Exceptions to these requirements would be for the placement of navigational aids or shoreline protective devices to protect existing structures (i.e., houses, roadways and parking areas) and as set forth in Section 21.35.40 (B)(2).

4. Specific Access Requirements. In addition to the above general access requirements of the Coastal Program, the Coastal Element Access and Development Components identify specific areas where access shall be required to river areas which are subject to tidal action. These areas are:

   1. Ship Ashore Resort - access to the Smith River.

   2. Trains End - access to the Smith River.

   3. County Boat Ramp - access to the Smith River from Fred Haight Drive.

   4. Simpco Lands (Assessor's Parcel Number 105-020-38, 39) - access to the Smith River.

   5. Buzzini Road - access to Lake Earl.

   6. Lake View Drive - access to Lake Earl.

   7. Public Reserve Area (County) and existing RV parks - access to the Klamath River.

5. Design and Use.

6. The vertical access required shall be limited to the right of pass and repass unless additional uses are specified as a condition of development. If possible, the accessway should be sited along the border of the development and shall extend from the road (or boundary line closest to the road)

to the shoreline.

2. The lateral access required shall be limited to passive recreational uses unless another type of use is specified as a condition of development.

3. Developments that provide access for the general public over a wide range of income levels, ages, and social groups shall have priority over other private development.

4. The design and construction by any public entity of shoreline access facility (e.g., parking, trails, stairway, etc.) shall consider safety from potential vandalism and the protection of fragile coastal resources.

5. Dedications.

   1. Legal Instruments Required. Prior to the issuance of a permit for development in the coastal zone between the first public road and the sea, each applicant may be required to record one of the following legal documents for the provision of coastal access as specified in the condition of approval.

      1. Irrevocable Offer of Dedication. Prior to issuance of a development permit, the landowner shall submit a preliminary title report and shall record an irrevocable offer to dedicate an easement free of prior liens and encumbrances except tax liens in the public accessway as described in the permit condition. This offer can be accepted by an appropriate agency which may or may not be the local government, within twenty-one years. In all offers, the county of Del Norte shall have the first right of refusal for a period of two years of the offer. Until the offer is accepted or unless the landowner consents, the public has no right to use the proposed accessway.

      2. Outright Grant of In-fee Interest of Easement. If the parcel is important in and of itself for access needs, the size and scope of the proposed development is such that an outright interest is appropriate, or there is an accepting agency available to accept the easement (as in subdivision map approvals), a grant of an easement or in-fee is required prior to issuance of the permit.

      3. Deed restrictions do not grant any interest in the land proposed for public access and the landowner retains all responsibility for the maintenance of the accessway. Deed restrictions are appropriate in limited situations, e.g., in large residential development where the accessways will mostly be used by residents and a homeowners association is available to maintain the accessway or in commercial facilities. Deed restrictions are not appropriate for small parcels or for accessways that will require public maintenance.

   2. Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a CLTA title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of insurance shall be estimated on the basis of what it would cost to acquire an equivalent access or recreational use elsewhere in the vicinity.

   3. Procedure. Copies of the document to be recorded, title report and permit shall be forwarded to the Coastal Commission within ten days after submission of the document for preparation of the coastal access inventory. The accepting agency or commission staff may make minor revisions to the documents (such as corrections in the legal descriptions) to assure that the public right of access along the shoreline or the vertical accessways are protected and capable of being implemented. The coastal commission shall have fifteen working days from the receipt of the document in which to notify the county and the applicant of any recommended revisions.

If notification of inadequacy has not been received within that time period, the county may issue the permit and record the documents. If revisions are recommended by the commission, the permit shall not be issued until the discrepancies have been resolved.

4. Dedication and Development. The county shall submit a brief description of all offers to dedicate to the state of California for illustration of the State Access Inventory Map. The county shall have the right of first refusal on these offers for a period of two years. These offers should be made available for acceptance by any public or private organization acceptable to the county after consultation with the coastal commission and after the option of the county's first right of refusal. Any required accessway shall not be opened to public use until a public agency, including the state, or a private association agrees to accept responsibility for maintenance and liability of the accessway.

(Ord. 83-03 (part), 1983)

1. Intent. It is the intent of this section to implement the policies of the certified Local Coastal Program pertaining to highly scenic visual resource areas by providing for the establishment of visual resource development guidelines and an architectural review committee.

2. Architectural Review Committee. An architectural review committee may be established by the county board of supervisors to evaluate and make recommendations regarding the design and placement of new development within areas of the coastal zone which are designated as highly scenic. The committee shall consist of five residents appointed by the board, one of which should have some expertise in architecture or engineering.

3. Duties. Once established it shall be the duty of the committee to:

   1. Review and develop recommendations regarding the specific designation of highly scenic areas within the coastal zone as combining districts based on the policies set forth in the Visual Resources Component of the General Plan Coastal Element.

   2. Develop guidelines based on General Plan Coastal Element policies for use in the review of new development permits, addressing specifically:

      1. Landform alteration (such as roadway design),

      2. Architectural design and placement,

      3. Outdoor advertising signs.

   3. Develop a procedure for permit review.

   4. Evaluate permits for new development and make recommendations regarding the compatibility of the proposal with the adopted guidelines.

4. Adoption of Guidelines. Prior to the commencement of permit review, the guidelines and permit processing procedures required in subsection C of this section shall be adopted as an amendment to this chapter and section of the Del Norte County Code.

(Ord. 83-03 (part), 1983)

1. It is the intent of this section to implement the policies of the General Plan Coastal Element pertaining to special development patterns on parcels identified by the Specific Area Recommendations section of the New Development Component.

2. Requirements and Applicability. This section shall apply to those lands identified by the specific policies of the New Development Specific Area Recommendations section as listed below. Special development requirements shall be as set forth in the Land Use Plan text and shall be included in the approval of any coastal development permit or equivalent.

   1. Ocean View Drive Area - Policy 9 (Ocean View Estates, Walters) - Seven conditions of approval shall be required in permit.

   2. Smith River Area - Policies 8-11 (L.C. Bliss Shores State Park) - Master Plan development shall include specific listed improvements.

   3. Lake Earl Area - Policy 6 (Buzzini Road) - Conditions regarding expansion shall be met in permit.

   4. Lake Earl Area - Policy 7 (Rural Mobilehome Park, Lake Earl Drive) - Development conforming to prior permits shall be required.

   5. Lake Earl Area - Policies 10-13 (L.C. Bliss Shores State Park) - Master Plan development shall include specific listed improvements.

   6. Lake Earl Area - Policy 16 (McNamara) - Clustering and density policy shall be required in permit.

   7. Crescent City Area - Policy 4 (Assessor's Parcel Number 120-020-23, McNamara) - Woodlot and airport approaches shall be addressed in the issuance of permits.

   8. Crescent City Area - Policy 5 (Assessor's Parcel Number 120-020-06, Bauer) - Clustering and diversity of units shall be required in permit.

   9. Crescent City Area - Policies 15, 21 and 24 (L.C. Bliss Shores State Park) - Master Plan development shall include specific listed improvements.

   10. Crescent City Area - Policy 18 (Assessor's Parcel Number 110-300-01) - Requirements shall apply to permit for division of land.

   11. Crescent City Area - Policy 23 (Redwood State Park) - Master Plan development shall include specific listed improvements.

   12. Crescent City Area - Policy 26 (Point St. George) - Option to be selected at time of development application, (including bonus density provision) with all requirements of either to be required in permit.

   13. Klamath Area - Policy 10 (Assessor's Parcel Number 140-060-01 and 04, Public Reserve Area) - Prioritized uses shall be required in permit.

(Ord. 93-17 § 1, 1993: Ord. 83-03 (part), 1983)

The depiction of the C coastal area combining district upon the county zoning maps shall include a parenthetical reference as to the type of coastal area designated, i.e., hazard (H), access (A), highly scenic visual resource areas (V) or special development pattern area (S).

(Ord. 83-03 (part), 1983)