Agenda packet — Santa Cruz City Council, March 22, 2022 (part 2 of 3)

This shot clock is 60 days from the date of deeming an application filed for co-located small-cell wireless facilities and 90 days from application filing for small-cell wireless facilities on new structures.

ADOPTED

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standards, to ensure that these standards can be met and do not run afoul of federal law (including providing for the relevant tests for same).

Staff is concerned that the City’s proposal to eliminate the applicability of these provisions in these small-cell cases in the coastal zone would lead to confusion, and would ultimately lead to adverse coastal resource outcomes. In fact, by exempting these facilities from existing IP standards in the coastal zone, there is the potential for such facilities to be approved in forms that would not adequately protect coastal resources, including significant public views.2 Thus, the amendment as proposed cannot be found consistent with and adequate to carry out applicable LUP policies (i.e., the standard of review for IP amendments such as this). It is also unclear whether this type of system would actually result in less processing time, as is the intent. In fact, it could conceivably result in a longer permitting processes due to the potential for appeals and other controversies that could be avoided with more clear and specific standards that help guide siting and design of such facilities, including ideally siting in locations that will not lead to significant coastal resource impacts. Fortunately, it is possible to continue to adequately protect coastal resources, including through specific provisions applicable to these unique uses, while also allowing for the City’s desired streamlining.

Toward this end, Commission and City staffs worked collaboratively to develop specific LCP language that can help to achieve the City’s streamlining objectives while making sure that there exist adequate LCP provisions capable of ensuring coastal resource protection. The primary way this is achieved is to include specific siting, design, and processing standards that would apply to small-cell wireless facilities located in the public right-of-way. Many of these standards are pulled from the LCP’s existing wireless provisions (e.g., siting away from significant public view areas) or from the new nonLCP design guidelines the City developed as part this submittal (e.g., colocation, undergrounding, camouflaging etc.) or both (i.e., there is significant substantive overlap between them). In addition, and to address the short time period allotted via the federal shot clock, the new language also allows for City CDP decisions on small-cell facilities in the public right-of-way to be appealed directly to the Coastal Commission.

As modified, the proposed amendment will include a more specific set of standards governing small-cell wireless facilities in the coastal zone that are located in the public right-of-way. And, when combined with other existing LCP streamlining tools, the proposed amendment, as modified, should help meet both the LCP’s coastal resource protection goals and City’s/Federal Communications Commission’s streamlining objectives. City staff indicates they are in agreement with the suggested modification language. Thus staff recommends that the Commission approve the amendment with suggested modifications. The required motions and resolutions are found on page 5.

Staff Note: LCP Amendment Action Deadline
2 And, by definition, these facilities would be located in highly visible places in the public right-of-way along the City’s streets and sidewalks, including in areas near the shoreline and other places that raise visual and other coastal resource concerns. It is therefore important to have specific tools to address potential issues for these types of proposed wireless facilities.

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This proposed LCP amendment was filed as complete on October 25, 2021. The proposed amendment affects the LCP’s Implementation Plan (IP) only, and the 60- working-day action deadline was December 24, 2021. On December 17, 2021, the Commission extended the deadline by one year, and thus the current action deadline is December 24, 2022.

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TABLE OF CONTENTS

1. MOTIONS AND RESOLUTIONS ........................................................................ 5 A. Deny the IP Amendment as submitted ................................................................. 5 B. Certify the IP Amendment with Suggested Modifications ..................................... 5

2. SUGGESTED MODIFICATIONS......................................................................... 6

3. FINDINGS AND DECLARATIONS..................................................................... 6 A. Description of Proposed LCP Amendment ........................................................... 6 B. Evaluation of Proposed LCP Amendment ............................................................ 8 C. California Environmental Quality Act (CEQA)..................................................... 11

EXHIBITS
Exhibit 1: Proposed IP Amendment
Exhibit 2: Proposed IP Amendment Showing the Commission’s Suggested Modifications
Exhibit 3: Types of Small-Cell Wireless Facilities

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1. MOTIONS AND RESOLUTIONS
Staff recommends that the Commission, after public hearing, approve the proposed LCP amendment with suggested modifications. The Commission needs to make two motions on the IP amendment in order to act on this recommendation.

A. Deny the IP Amendment as submitted
Staff recommends a YES vote on the motion below. Passage of this motion will result in rejection of IP amendment as submitted and the adoption of the following resolution and findings in this staff report. The motion to reject passes only by an affirmative vote of a majority of the Commissioners present.

Motion: I move that the Commission reject the LCP Amendment Number LCP-3- STC-21-0071-2 as submitted by the City of Santa Cruz, and I recommend a yes vote.

Resolution to Deny: The Commission hereby denies certification of LCP Amendment Number LCP-3-STC-21-0071-2 as submitted by the City of Santa Cruz and adopts the findings set forth below on grounds that the amendment as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the amendment would not meet the requirements of the California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the amendment as submitted.

B. Certify the IP Amendment with Suggested Modifications Staff recommends a YES vote on the motion below. Passage of this motion will result in certification of the IP amendment with suggested modifications and the adoption of the following resolution and the findings in this staff report. The motion to certify with suggested modifications passes only by an affirmative vote of a majority of the Commissioners present:

Motion: I move that the Commission certify LCP Amendment Number LCP-3-STC21-0071-2 as submitted by the City of Santa Cruz if it is modified as suggested in this staff report, and I recommend a yes vote.

Resolution to Certify: The Commission hereby certifies LCP Amendment Number LCP-3-STC-21-0071-2, if modified as suggested, and adopts the findings set forth below on grounds that the amendment with the suggested modifications conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan. Certification of the amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.

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2. SUGGESTED MODIFICATIONS
The Commission hereby suggests the following modifications to the proposed LCP amendment, which are necessary to make the requisite Land Use Plan consistency findings. If the City of Santa Cruz accepts the suggested modifications within six months of Commission action (i.e., by August 11, 2022), by formal resolution of the City Council, the modified amendment will become effective upon Commission concurrence with the Executive Director’s finding that this acceptance has been properly accomplished.

Where applicable, text in underline format denotes proposed text to be added by the City. Text in double cross-out and double underline denotes text to be deleted/added by the Commission’s suggested modifications.

1. Modify the IP amendment as show in Exhibit 2.

3. FINDINGS AND DECLARATIONS
A. Description of Proposed LCP Amendment
The proposed amendment would modify the Implementation Plan’s (IP’s) existing wireless telecommunications ordinance (IP Sections 24.12.1400 et seq.) by adding a definition for small-cell wireless telecommunications facilities3 and by specifying that such small-cell facilities are not subject to the IP’s provisions and instead are subject to a new part of the Municipal Code that is outside of the LCP. While the legal definition of these facilities are quite technical and defined pursuant to federal law, in layman’s terms, small-cell facilities are a type of wireless broadband infrastructure that typically take the form of small antennas (3-4 feet tall) that are placed on existing infrastructure (such as utility poles) and are accompanied by equipment cabinets installed lower on the pole or underground. Examples of types of small-cell facilities are shown in Exhibit

3. The amendment would also exempt these facilities from all existing IP standards in the coastal zone. The impetus for the City’s proposed amendment is the enactment of the “Middle Class Tax Relief and Job Creation Act of 2012”, otherwise known as the “Spectrum Act,” and its associated implementing regulations promulgated by the Federal Communications Commission (FCC). The Spectrum Act seeks to implement national guidelines for how, among other things, federal, state, and local governments may regulate forthcoming small-cell wireless (also referred to as “5G”) networks 3 The proposed amendment defines “small-cell wireless facilities” as: “…any facilities that meet each of the following conditions: 1. The facilities: a. Antennas mounted on structures fifty feet or less in height including their antennas as defined above; or b. Antennas mounted on structures no more than ten percent taller than other adjacent structures; or c. Antennas that do not extend the height of existing structures more than ten percent or fifty feet, whichever is greater; 2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume; 4. The facilities do not require antenna structure registration by the FCC; 5. The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and 6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by the FCC.”

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nationwide.
4 These federal guidelines impose restrictions on state and local governments as to how they may regulate wireless telecommunication providers’ smallcell network installations, perhaps most importantly in terms of establishing time limits on permit processing, often referred to as “shot clocks.” Most relevant here, the Spectrum Act imposes a time period (or “shot clock”) by which a local jurisdiction must act on permit applications for small-cell wireless facilities. This shot clock is 60 days from filing for co-located small wireless facilities and 90 days from filing for small wireless facilities on new structures.

The LCP’s existing wireless telecommunications provisions require all such facilities to meet stringent siting and design requirements to protect visual and other coastal resources. The overall objective of these existing provisions is to ensure that wireless facilities “minimize adverse visual impact” and protect “the aesthetic quality of the city” (IP Section 24.12.1400), and they require a stringent review process to meet this objective. This includes requiring co-location on existing facilities (IP Section

24.12.1420), visual screening and being located outside of public view (IP Section

24.12.1420), and prohibiting such facilities in certain resource-sensitive locations, such as along the immediate shoreline and in agricultural areas (with certain exceptions pursuant to federal law as specified in IP Section 24.12.1425).

As discussed above, the proposed amendment would exempt small-cell wireless facilities within the public right-of-way from the existing LCP wireless ordinance’s provisions. Instead, the specific requirements regulating such facilities would be moved to the City’s “Streets and Sidewalks” section of Municipal Code Chapter 15.38, which is not part of the LCP. Pursuant to that non-LCP chapter, proposed small-cell wireless telecommunications facilities would require a “Small Cell Wireless Facilities Permit.” The standard of review for issuance of said permit would be conformance with a required “Standards and Guidelines Policy for Small Cell Facilities in the Public Right-of-Way” document (which will be prepared and adopted by the City Council), as well as any other required permits or authorizations, including a coastal development permit (CDP) for facilities proposed in the coastal zone. For small-cell wireless facilities located in the public right-of-way for which a CDP is required, the standard of review would be the LCP’s more general provisions that protect coastal resources, but not the provisions specific to wireless facilities (i.e., IP Sections 24.12.1400 et seq.) because under the proposed amendment those IP provisions would not apply to small-cell wireless facilities located in the public right-of-way.
5 In sum, the proposed amendment adds a definition of small-cell wireless facilities to the IP and also seeks to exempt small-cell wireless telecommunications facilities located in the public right-of-way from the standards of IP Sections 24.12.1400 et seq. and instead requires such facilities to be governed by standards contained in a new Municipal Code section that is not part of the LCP. For those small-cell wireless facilities proposed in the 4 See FCC Declaratory Ruling and Report Order (FCC 18-133) released September 27, 2018. 5 However, small-cell wireless facilities not located in the public right-of-way—and all other wireless facilities—would remain subject to the requirements of IP Sections 24.12.1400 et seq.

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public right-of-way in the coastal zone for which CDPs would be required, the applicable standards would be the LCP’s broader policies addressing development and coastal resource requirements in general, including protection of visual resources, sensitive habitats, and agricultural lands.

See Exhibit 1 for the proposed IP amendment text.

B. Evaluation of Proposed LCP Amendment
Standard of Review
The proposed amendment affects the LCP’s IP, and the standard of review for IP amendments under Section 30513 of the Coastal Act is that they must be consistent with and adequate to carry out the policies of the certified LUP.

Applicable Land Use Plan Policies
The City of Santa Cruz’s LUP contains a number of provisions protecting coastal resources, including visual resources of scenic landscapes and ocean views, but also natural resources such as creeks, wetlands, and other sensitive habitats. With respect to visual resources, mirroring Coastal Act requirements, the LUP seeks to protect views, minimize visual clutter, restore visually degraded areas, and ensure that development blends in and is compatible with the character of the particular area in question.

Specifically, the LUP states:

Community Design Element Policy 1.4. Where development abuts open space land uses, utilize careful site planning to emphasize the natural topography and vegetation and maintain visual and physical access to open space areas.

Natural Setting and Scenic Resources Element Policy 2.1. Preserve natural features providing visual definition to an area of the City.

Natural Setting and Scenic Resources Element Policy 2.2.1. Develop siting, scale, landscaping, and other design guidelines to protect visually sensitive areas and ensure development is compatible with the character of the area.

Natural Setting and Scenic Resources Element Policy 3.4. Develop and maintain physical and visual linkages between key areas of the city.

Land Use Element Policy 1.4. Minimize, when practical, obstruction of important views and viewsheds by new development. In the coastal zone, development shall be sited and designed to and along the ocean and scenic areas to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and to restore visual quality in visually degraded areas.

Land Use Element Policy 3.3. Require development adjacent to natural areas and agricultural/grazing lands to be compatible with adjacent lands in terms of land use, visual transition, and siting.

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Consistency Analysis
While the LUP includes a robust policy framework to protect and enhance coastal resources, those policies are more general in nature. To augment these more general policies, the IP’s wireless provisions provide detailed standards specific to these unique types of facilities that address the particular issues raised by such development. For example, the IP’s certified wireless ordinance includes specific application requirements regarding siting and design, co-location analysis, visual screening, and a hierarchy of where such facilities are and are not allowed to be located. 6 The existing ordinance also
includes technical requirements, including documentation from third-party expert review, to ensure that these standards can be met (and to justify any deviations when they cannot) and do not conflict with federal law. All of this is to ensure that the particular needs and issues wireless facilities engender will be appropriately addressed in the LCP. As proposed, none of these more specific policies for small-cell facilities located in the public right-of-way would apply during the CDP process.

The City indicates that the reason for this proposed change is to respond to the recent FCC directives related to the Spectrum Act, particularly regarding permit processing time and the “shot clock” which sets a deadline for action on permit applications for small-cell wireless facilities.7 The City proposes to meet this shot clock time limit by eliminating most of the current applicable standards and offering a streamlined review approach for small-cell wireless facilities located in the public right-of-way. However, even if such facilities were exempt from review under the IP’s specific wireless ordinance (as the City is proposing), that would not negate the fact that CDPs are still required in the coastal zone for such proposed development, unless that development is otherwise exempt or excluded. Given this, under the City’s proposed construct, such CDPs may actually take longer to process, or be subject to additional appeals or other controversies, without the specific standards that help guide them to locations that will have the fewest (or no) impacts on coastal resources. In short, the City’s proposal would offer fewer specific coastal resource protections, while applying more general policies that are more likely to result in delays, thus negating the presumptive benefit of the proposed amendment. And, the expected outcome is reduced coastal resource protection for such facilities under the amended LCP as proposed. As a result, the amendment as proposed cannot be found consistent with and adequate to carry out the above-cited LUP policies that require protection of visual and other coastal resources.

Fortunately, these issues can be addressed via suggested modifications that seek to strike an appropriate balance between meeting the City’s (and FCC’s) stated objectives of streamlining permit processes for small-cell wireless facilities in the public right-ofway and the LUP’s requirements to ensure that such facilities protect coastal resources. 6 For example, wireless telecommunications facilities are prohibited in the LCP’s Ocean Front Recreation zoning district, which applies to the immediate shoreline and along the City’s iconic West Cliff Drive promenade. Conversely, the LCP’s Industrial zoning district is listed as a type of zone where such facilities are to be directed.
7 This shot clock is 60 days (from deeming an application complete) for co-located small-cell wireless facilities and 90 days from filing for small-cell wireless facilities on new structures. If the relevant shot clock is exceeded, the applicant is eligible for expedited relief in court.

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First, it is important to note that the City already has certain streamlining tools, including directing wireless facilities to locations outside of the coastal zone where no CDP would be required. For those projects in the coastal zone, the LCP (mirroring the Coastal Act and its implementing regulations) includes exemptions for certain improvements and repairs. The City also has a categorical exclusion order that allows certain projects that otherwise would require a CDP to be excluded from CDP requirements provided they are not located in certain coastal resource-sensitive locations.8 Again, these important tools are already at the City’s disposal to help direct these facilities to areas that do not raise coastal resource concerns. But for any proposed small-cell wireless projects located in the public right-of-way in non-excludable/exemptible areas of the coastal zone, it is important to include siting and design standards that would protect potentially impacted coastal resources, including aesthetics and coastal views, public recreational access and archeological resources.
9 In light of these concerns, Commission and City staff worked together to develop LCP language that could meet the City’s streamlining objectives while still providing appropriate provisions to protect coastal resources for small-cell facilities in the public right-of-way, including to make clear what standards apply to wireless telecommunications more broadly (i.e., the wireless telecommunications provisions specified in IP Section 24.12.1400 et. seq. as well the rest of the LCP) and what standards within the ordinance apply to the specific subtype of small-cell facility in the public right-of-way. Thus, suggested modifications are included that first make this ‘road-map’ clear for CDP evaluation purposes (see language to be added to Section

24.12.1415(A) to this effect on pages 5-7 of Exhibit 2). The modifications also add new provisions to address the particular issues and needs of small-cell facilities in the public right-of-way, including requirements addressing their siting and design to avoid and/or minimize impacts to sensitive coastal resources. Many of these standards are pulled from existing LCP wireless provisions (e.g., establishing location preferences outside the coastal zone and in areas that will not adversely impact significant public views, and in all cases outside of any sensitive habitats or natural areas) or from the new design guidelines the City developed as part this ordinance (e.g., requirements to locate such facilities on existing poles or below grade, to use camouflaging and other visual blending techniques, and to incorporate noise, lighting, and maintenance standards) (see pages 7-9 of Exhibit 2). The overall intent is: “To the maximum extent feasible, such facilities shall be sited and designed in a manner that avoids overall visibility, and eliminates or substantially reduces their visual and aesthetic impact upon the surrounding public right-of-way, archeologic resources, public views and public access” 8 Pursuant to Coastal Act Section 30610(e), the City’s categorical exclusion order excludes certain types and locations of development from CDP requirements. However, the exclusions do not apply (i.e., CDPs are required for development) in areas where sensitive coastal resources could be adversely affected, such as on lots fronting the ocean/shoreline, or in areas that are appealable to the Coastal Commission (e.g., between the sea and the first public road, within 100 feet of a wetland or stream, within 300 feet of a bluff, etc.).
9 And these facilities located in coastal zone public rights-of-way would, almost by definition, be located generally in highly visible areas along City streets and sidewalks, including in areas near the shoreline. It is thus important to have specific tools to address potential visual and other coastal resource issues.

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(see Section 24.12.1434(C) on pages 9-12 of Exhibit 2). Finally, to address streamlining issues, suggested modifications are added that provide that CDPs for small-cell facilities in the public right-of-way approved by the Zoning Administrator are appealable directly to the Coastal Commission (see pages 24-26 of Exhibit 2), and therefore able to bypass potential appeals to the City’s Planning Commission and City Council, which will allow for faster processing time should such City CDP decisions get appealed. This will allow for quicker processing that is mindful of the shot clocks set by the federal government but in a manner that will retain important regulatory standards governing such facilities.

As modified, the revised LCPA addresses the particular substantive and procedural issues that small-cell wireless facilities in the public right-of-way engender, and would make clear which siting and design standards apply to small-cell facilities located within the public right-of-way versus all other wireless types, provide specific siting and design requirements for these small-cell facilities, and provide for expedited permit review. The result is a more directive set of standards governing small-cell wireless facilities in the coastal zone that targets their specific issues. And, when combined with other existing LCP streamlining tools, such standards should help meet both coastal resource protection and City/FCC objectives.

C. California Environmental Quality Act (CEQA)
CEQA Section 21080.5(d)(2)(A) prohibits a proposed LCP or LCP amendment from being approved if there are feasible alternatives and/or feasible mitigation measures available that would substantially lessen any significant adverse effect that the LCP or LCP amendment may have on the environment. Although local governments are not required to satisfy CEQA in terms of local preparation and adoption of LCPs and LCP amendments, many local governments use the CEQA process to develop information about proposed LCPs and LCP amendments, including to help facilitate Coastal Act review.

The Coastal Commission is not exempt from satisfying CEQA requirements with respect to LCPs and LCP amendments, but the Commission’s LCP/LCP amendment review, approval, and certification process has been certified by the Secretary of the Natural Resources Agency as being the functional equivalent of the environmental review required by CEQA (CCR Section 15251(f)). Accordingly, in fulfilling that review, this report has discussed the relevant coastal resource issues with the proposal, has addressed all comments received, and has concluded that the proposed LCP amendment is expected to result in significant environmental effects, including as those terms are understood in CEQA, if it is not modified to address the coastal resource issues identified herein (all above findings are incorporated herein in their entirety by reference). Accordingly, it is necessary for the Commission to suggest modifications to the proposed LCP amendment to ensure that it does not result in significant adverse environmental effects. Thus, the proposed LCP amendment as modified will not result in any significant adverse environmental effects for which feasible mitigation measures have not been employed, consistent with CEQA Section 21080.5(d)(2)(A).

27.74 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
F16a
LCP-3-STC-21-0071-2 (WIRELESS FACILITIES)
FEBRUARY 11, 2022 HEARING

EXHIBITS
Table of Contents
Exhibit 1: Proposed IP Amendment
Exhibit 2: Proposed IP Amendment Showing the Commission’s Suggested Modifications
Exhibit 3: Types of Small-Cell Wireless Facilities

27.75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING TITLE 24 OF THE SANTA CRUZ MUNICIPAL CODE (ZONING ORDINANCE) AND THE LOCAL COASTAL IMPLEMENTATION PLAN AMENDING SECTION 24.12.1400 REGARDING REQUIREMENTS FOR “SMALL CELL” WIRELESS

TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.12.1405 (Definitions) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

A. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1. “Amateur radio facilities” are antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2. “American National Standards Institute” or “ANSI” is a private organization that develops widely accepted standards for various modern-day equipment.

3. “Antenna” is a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

4. “Base transceiver station” or “BTS” is the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or “site”. The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

5. “California Public Utility Commission” or “CPUC” is the state-level regulatory agency responsible for regulating wireless telecommunications.

6. “Cell” is the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

7. “Cell site” is a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

8. “Co-location” is a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

9. “Direct-to-home” generally means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises.

Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

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10. “Facade-mounted antenna” is an antenna that is directly attached or affixed to any facade of building.

11. “Federal Communications Commission” or “FCC” is the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

12. “Freestanding monopole” is a structure composed of a single spire used to support communications equipment.

13. “Ground-mounted” is an antenna with its support structure placed directly on the ground.

14. Monopole. See “Freestanding monopole.”

15. “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

16. “Omni-directional” means an antenna that is equally effective in all directions (360 degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

17. “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as directional antennas.

18. “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

This type of installation is sometimes called a freestanding roof mounted antenna.

19. “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

20. “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

21. “Small Cell Facilities” means any facilities that meet each of the following conditions:

1. The facilities:

Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

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a. Antennae mounted on structures 50 feet or less in height including their antennas as defined above, or
b. Antennae mounted on structures no more than 10 percent taller than other adjacent structures, or
c. Antennae that do not extend the height of existing structures more than 10 percent or 50 feet, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

4. The facilities do not require antenna structure registration by the FCC;

5. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

22. “Stealth facility” is any telecommunications facility, which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees. Also known as concealed telecommunications facilities.

23. “Stealth technologies/techniques” are camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

24. “Telecommunications” is any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

25. “Telecommunication tower” is a monopole, lattice tower, free standing tower or other structures designed to support antennas.

26. “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

27. Whip antenna. See “Omni-directional antenna.”
Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

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28. “Wireless telecommunications facility” is a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a telecommunication facility.

29. “Wireless telecommunications provider” is any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

Section 2. Section 24.12.1410 (Applicability) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

A. These regulations shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, and property owned by any agencies of the city, or by any local, state, or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

B. These regulations shall not apply to the following facilities:

1. Amateur (including ham and short-wave) radio facilities on private property provided that the antenna does not exceed sixty-five feet in height or is not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the facility is located, whichever is less.

2. Amateur (including ham and short-wave) radio facilities on public property provided the facilities do not exceed sixty-five feet in height or are not more than twentyfive feet above the height limit prescribed by the regulations for the district in which the facilities are located, whichever is less.

3. Wireless telecommunications facilities, which are not licensed by the Federal Communications Commission and are determined by the planning director to have little or no adverse visual impact.

4. Direct-to-home satellite services smaller than two feet in diameter provided that such facilities are in accordance with other sections of this title.

5. Any wireless telecommunications facility located on land owned by one of the public entities listed below and operated for the public entity’s public purpose only and not for commercial reasons:
a. The United States of America or any of its agencies; b. The state or any of its agencies or political subdivisions of the state not required by state law to comply with local zoning ordinances.

Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

27.79

Page 4 of 6 ends

6. Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

7. Small Cell Facilities located in the public right-of-way which are subject to the requirements of Chapter 15.38 of the Municipal Code and the adopted Standards and Guidelines policy for small cell facilities in the public right-of-way.

Section 3. Section 24.12.1425 (Location Standards) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

A. Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the following zoning districts, subject only to exceptions as described in subsection (B).

1. Single-Family Residence (RS, R-1).

2. Multiple-Family Residence (RL, RM, RH).

3. Beach Residential (RT(A), RT(D), RT(E)).

4. Ocean Front Recreational (OFR).

5. Flood Plain (FP).

6. Agriculture (EA-20).

B. Exceptions to Prohibited Districts. Small Cell Facilities may be located in the public rightof-way of prohibited districts subject to the requirements of Chapter 15.38. Other wireless telecommunications facilities may be sited in the prohibited zoning districts described above with an administrative use permit; provided, that the applicant can demonstrate to the zoning administrator that:

1. The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and

2. There are no viable, technically feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

C. Location preference for wireless telecommunications facilities should be given to the following locations:

1. Industrial or commercial sites.

Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

27.80

Page 5 of 6 ends

2. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to: buildings, telephone and utility poles, signage and sign standards traffic signals, light standards, and flagpoles.

3. Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

D. When feasible and in conformance with other provisions of this chapter, wireless telecommunications providers shall be encouraged to locate their wireless telecommunications facilities on publicly owned or controlled property.

E. Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan.

F. Wireless telecommunication facilities are prohibited within one thousand feet of any public elementary school.

Exhibit 1 (Proposed IP Amendment)
LCP-3-STC-21-0071-2 (Small-Cell Wireless Telecommunications Facilities)

27.81

Page 6 of 6 ends

ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING TITLE 24 OF THE

SANTA CRUZ MUNICIPAL CODE (ZONING ORDINANCE) AND THE LOCAL COASTAL IMPLEMENTATION PLAN: AMENDING
SECTION 24.12.1400 ET SEQ. REGARDING REQUIREMENTS FOR “SMALL CELL”

WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND WITHIN THE COASTAL ZONE, AMENDING SECTION 24.04.130 “DECISIONMAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL”, SECTION

24.04.186 “APPEALS TO COASTAL COMMISSION”
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.12.1405 (Definitions) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1405 DEFINITIONS.

A. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

2. “American National Standards Institute” or “ANSI” is a private organization that develops widely accepted standards for various modern-day equipment.

3. “Antenna” is a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

5. “California Public Utility Commission” or “CPUC” is the state-level regulatory agency responsible for regulating wireless telecommunications.

6. “Cell” is the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

7. “Cell site” is a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

Exhibit 2
LCP-3-STC-21-0072-2

Page 1 of 28 ends

27.82 ORDINANCE NO. 2019-XX
2 8. “Co-location” is a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

10. “Facade-mounted antenna” is an antenna that is directly attached or affixed to any facade of building.

11. “Feasible” shall mean, for the purpose of this Chapter 24.12 Part 15, capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, social, and technological factors.

12. “Federal Communications Commission” or “FCC” is the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

13. “Freestanding monopole” is a structure composed of a single spire used to support communications equipment.

14. “Ground-mounted” is an antenna with its support structure placed directly on the ground.

15. Monopole. See “Freestanding monopole.”

16. “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

17. “Omni-directional” means an antenna that is equally effective in all directions (360 degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

18. “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as directional antennas.

19. “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

This type of installation is sometimes called a freestanding roof mounted antenna.

Exhibit 2
LCP-3-STC-21-0072-2

Page 2 of 28 ends

27.83 ORDINANCE NO. 2019-XX
3 20. “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

21. “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

22. “Small Cell Facilities” means, pursuant to 47 CFR 1.6002, any facilities that meet each of the following conditions:

1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas; or
b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

4. The facilities do not require antenna structure registration by the FCC;

5. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

23. “Small Cell Aesthetic/Design Standards” means the aesthetic and design standards for small cell wireless facilities adopted by the city council.

24. “Stealth facility” is any telecommunications facility, which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation, trees, or commonly expected strucures for the area in question. Also known as concealed telecommunications facilities.

Exhibit 2
LCP-3-STC-21-0072-2

Page 3 of 28 ends

27.84 ORDINANCE NO. 2019-XX
4 25. “Stealth technologies/techniques” are camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

26. “Telecommunications” is any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

27. “Telecommunication tower” is a monopole, lattice tower, free standing tower or other structures designed to support antennas.

28. “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

29. Whip antenna. See “Omni-directional antenna.”

30. “Wireless telecommunications facility” is a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a telecommunication facility.

31. “Wireless telecommunications provider” is any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

Section 2. Section 24.12.1410 (Applicability) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1410 APPLICABILITY.

B. These regulations (Chapter 24.12, Part 15) shall not apply to the following facilities:

1. Amateur (including ham and short-wave) radio facilities as provided in 47 Code of Federal Regulations Part 97. on private property provided that the antenna does not exceed sixty-five feet in height or is not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the facility is located, whichever is less.

2. Amateur (including ham and short-wave) radio facilities on public property provided the facilities do not exceed sixty-five feet in height or are not more than twentyExhibit 2 LCP-3-STC-21-0072-2

Page 4 of 28 ends

27.85 ORDINANCE NO. 2019-XX
5 five feet above the height limit prescribed by the regulations for the district in which the facilities are located, whichever is less.

2. Wireless telecommunications facilities, which are not licensed by the Federal Communications Commission and are determined by the planning director to have little or no adverse visual impact.

2. Over the Air Receptions Devices (OTARDs) as defined and further provided in 47 Code of Federal Regulations Section 1.4000 et seq..Direct-to-home satellite services smaller than two feet in diameter provided that such facilities are in accordance with other sections of this title.

3. Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

4. Small Cell Facilities located in the public right-of-way outside the coastal zone, which are subject to the requirements of Chapter 15.38 of the Municipal Code.

5. Any other antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.

Section 3. Section 24.12.1415 (Permit Requirements and Findings) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1415 PERMIT REQUIREMENTS AND FINDINGS.

A. Unless a coastal exclusion or exemption as defined in Sections 24.08.230 through

24.08.230.2 applies, and in addition to any other required permit or authorization, a coastal permit shall be required for all wireless telecommunication facilities located within the coastal zone, as follows:

1. For all wireless telecommunication facilities other than Small Cell Facilities located in the public right-of-way as specified in subsection 2 below, the coastal permit shall be governed by the findings and standards in the Local Coastal Program (LCP), including, but not limited to Chapter 24.08 Part 3, as well as the standards and findings specified herein at Chapter 24.12 Part 15.

Exhibit 2
LCP-3-STC-21-0072-2

Page 5 of 28 ends

27.86 ORDINANCE NO. 2019-XX
6 2. For Small Cell Facilities in the public right-of-way, the coastal permit shall be governed by the findings and standards in the LCP, including, but not limited to

24.08.200 et seq, as well as the standards and findings specified herein at

24.12.1425 and 24.12.1434. City approval of the coastal permit may be appealed directly to the California Coastal Commission (as further provided in Section

24.04.186).

In case of conflict between the coastal permit and any other permit or authorization, the requirements of the coastal permit shall prevail.

B. Any proposed facade-mounted or roof-mounted wireless telecommunications facility (other than Small Cell Facilities located in the public right-of-way, which are covered by Sections

24.12.1425 and 24.12.1434) that is determined by the zoning administrator to be consistent with all of the requirements of this Part 15, and that incorporates stealth technologies and/or is not visible from public areas, shall require a administrative design permit from the zoning administrator based on the following findings:

1. The wireless telecommunications facility has demonstrated consistency with Sections 24.12.1430 and 24.12.1435 (as applicable).

2. The wireless telecommunications facility has been located and designed so as to be compatible with the purpose of Chapter 24.12 Part 15 and the goals and objectives of the General Plan and the Local Coastal Program (if applicable).

3. The wireless telecommunications facility is in compliance with all FCC and California PUC standards and requirements and with all other applicable requirements of Chapter 24.12 Part 15.

C. Small Cell Facilities located in the public right-of-way within the coastal zone are exempt from the requirements of Sections 24.12.1415 (B) and 24.12.1415 (D) regarding design permit and administrative use permit requirements. Instead, such Small Cell Facilities shall require, in addition to a coastal permit as specified in 24.12.1415(A)(2), the following:

1. A small cell wireless facilities permit in compliance with Chapter 15.38 and the city’s Small Cell Aesthetic/Design Standards;

2. A master license agreement, in a form approved by the city attorney for the use of a city pole in a specified license area, and shall pay a license fee subject to the city’s fee schedule, if any Small Cell Facilities are proposed to be installed on a city pole controlled by the city and located within the public right-of-way. Any applicant seeking a master license agreement shall pay a master license agreement administrative fee subject to the city’s fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The absence of a city-approved master license agreement shall be an independently sufficient basis to deny any application for a Small Cell Facility on such a city pole.

Exhibit 2
LCP-3-STC-21-0072-2

Page 6 of 28 ends

27.87 ORDINANCE NO. 2019-XX
7 D. All wireless telecommunications facilities that do not meet the criteria defined in subsections (B) or (C) above, shall require an administrative use permit with a public hearing before the zoning administrator, in addition to aA design permit with the required findings provided in subsection (B) above.shall also be required to be made
E. In approving an application, the city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to resubmit a revised proposal for further consideration.

F. Minor modifications to wireless telecommunications facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

Section 4. Section 24.12.1425 (Location Standards) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1425 LOCATION STANDARDS.

A. Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the following zoning districts listed below, subject only to except as set forth in

24.12.1425(B). This prohibition shall also not apply to Small Cell Facilities in the public right-of-way.

1. Single-Family Residence (RS, R-1).

2. Multiple-Family Residence (RL, RM, RH).

3. Beach Residential (RT(A), RT(D), RT(E)).

4. Ocean Front Recreational (OFR).

5. Flood Plain (FP).

6. Agriculture (EA-20).

B. Exceptions to Prohibited Districts. Wireless telecommunications facilities may be sited in the prohibited zoning districts described above in Section 24.12.1425 (A) with an administrative use permit, in addition to any other required permits; provided, that the applicant can demonstrate to the zoning administrator that:

1. The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and Exhibit 2
LCP-3-STC-21-0072-2

Page 7 of 28 ends

27.88 ORDINANCE NO. 2019-XX
8 2. There are no viable, feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

C. Location preference for all wireless telecommunications facilities should be given to the following locations:

1. Locations that do not adversely impact significant public views (e.g., of the beach, shorline, ocean, natural areas, etc.).

2. Industrial or commercial sites.

3. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to buildings, telephone and utility poles, traffic signals, flagpoles, signs and sign standards.

4. Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

5. Sites outside the coastal zone, and particularly sites located within the Coastal Zone Overlay zone district (as defined in Chapter 24.10 Part 26) where city decisions can be appealed.

E. Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan or LCP.

F. To the maximum extent feasible, wireless telecommunication facilities are prohibited within one thousand feet of any public elementary school or daycare facility.

G. Additional Site Location Standards for Small Cell Facilities in the public right-of-way and in the coastal zone. In addition to the requirements listed above, the following location standards shall also apply to Small Cell Facilities located in the public right-of-way and within the coastal zone:

1. Site locations shall be selected in the following order of preference:
a. Area not visible to the public or area that does not significantly impair public views (such as in alleys, on rooftops, near property corners or side property lines, or in inconspicuous areas);
Exhibit 2
LCP-3-STC-21-0072-2

Page 8 of 28 ends

27.89 ORDINANCE NO. 2019-XX
9 b. Attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to telephone/utility poles and non-decorative light standards;
c. Area not requiring the removal of existing infrastructure, parkway trees or reductions of the parkway landscape planters;
d. Within the public parkway landscaping and requiring only minor alterations to the existing parkway landscaping (including planter size) and/or infrastructure;
e. Within the public right-of-way in a manner that requires significant but feasible alteration to the existing public improvements and/or infrastructure.

2. To the maximum extent feasible, the following site locations shall be prohibited:
a. Facility site locations that lead to removal of any existing public parking areas.
b. Facility site locations directly in front of residences and businesses. c. Facilities with components located within driveway and intersection sight lines.
d. Site locations in Residential and Commercial Zoning Districts that are within 1500 feet of another Small Cell Facility and any associated equipment; provided, however, that this restriction may be waived by the zoning administrator upon a demonstration that the refusal to allow an additional facility within a 1500-foot radius will otherwise violate an applicable state or federal law.
e. Facilities on strand or overhead lines.
f. Facility site locations that will negatively impact public recreation and access, or damage a known or sensitive archeological site. g. Site locations that adversely impact significant public views (e.g., of the beach, shorline, ocean, natural areas, etc.), including those locations identified in Map CD-3 of the Local Coastal Program.

Section 5. Section 24.12.1434 (Requirements For Small Cell Facilities in the Coastal Zone) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby added as follows:

24.12.1434 REQUIREMENTS FOR SMALL CELL FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND WITHIN THE COASTAL ZONE.

Small Cell Facilities located in the public right- of-way and which require a coastal permit shall comply with the following standards and requirements:

Exhibit 2
LCP-3-STC-21-0072-2

Page 9 of 28 ends

27.90 ORDINANCE NO. 2019-XX
10 A. Pole Type Preferences. Facilities on poles shall be sited in the following order of preference:

1.On an existing or replacement street light pole;

2.On an existing or replacement structure other than a street light pole or utility pole;

3.On an existing or replacement utility pole.

B. Equipment preferences. Equipment (including, but not limited to, radio units, power supplies, voltage converters, electrical service connections, shut off switches and electric meters) shall be sited in the following order of preference:

1.Within a below-grade equipment vault;

2.In an at grade equipment cabinet provided the size of the cabinet is minimized to the maximum extent feasible; At grade equipment cabinets shall participate in the Traffic Graphics program or pay an in lieu fee depending on the location (i.e. commercial or residential areas) at the discretion of the decision making body.

3.Enclosed at the base of the pole on which the antenna is mounted provided the size of the base of the pole is minimized to the maximum extent feasible;

4.Equipment boxes using stealth techniques mounted on a utility pole, provided the size of the boxes is minimized to the maximum extent feasible.

C. Visual, Public Access, and Archealogical Impact Avoidance. To the maximum extent feasible, such facilities shall be sited and designed in a manner that avoids overall visibility, and eliminates or substantially reduces their visual and aesthetic impact upon the surrounding public right-of-way, archeologic resources, public views and public access. Measures to achieve this objective may include, but are not limited to the following:

1.The number of antennas on each site shall be minimized to the maximum extent feasible with the goal of minimizing adverse visual impacts.

2.To the maximum extent feasible, the antenna size, cabinet equipment and other facilities shall minimize visual clutter.

3.The project shall use the smallest and least visible antennas feasible to accomplish the coverage objectives. Facilties that are proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

4.To the maximum extent feasible, facilities shall not be designed in such a manner that will negatively impact public recreation and access, or damage a known or sensitive archeological site.

Exhibit 2
LCP-3-STC-21-0072-2

Page 10 of 28 ends

27.91 ORDINANCE NO. 2019-XX
11 5.Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts of the facilities to the maximum extent feasible. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval for a coastal permit when determined to be necessary to mitigate adverse visual impacts.

D. Design Standards:

1.Any pole to be installed in the public right-of-way shall be disguised to resemble a utility pole to the maximum extent feasible. Facility’s antennas shall not exceed a diameter of 15 inches. All antennas and screening devices shall be painted or finished to match the pole. All pole or equipment shall be painted or otherwise coated to be visually compatible with existing poles and equipment. Facilities shall be placed on the same vertical axis as the center of the pole.

2.Small Cell Facility installations on existing city infrastructure shall be placed in a manner so that the size, appearance and function of the final installation is essentially identical to the installation prior to the antenna installation taking place.

3.Small Cell Facility installations shall not be located on decorative street light poles.

No faux or otherwise nonfunctioning street lights, decorative elements, signs, clock towers, or artificial trees or shrubs or other such nonfunctioning screening elements made to resemble other objects shall be permitted.

4.Small Cell Facility equipment located above the surface grade in the public right-of-way including, but not limited to those on certain street lights, shall consist of small equipment components that are compatible in structure, scale, function and proportion to the poles they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with the subject pole (may include public art). Underground vaults shall employ flush-to-grade access portals and vents that are heel shoe safe and slip safe; provided, however, that this restriction shall not apply in flood prone areas.

5.All cables and conduits shall be routed through the interior of the subject pole to be screened from public view; provided, however, that for wood poles, all cables shall be contained within conduit, and conduits shall be mounted and routed in a manner calculated to minimize their visibility to the maximum extent feasible.

6.All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment shall be concealed from public view.

7.Small Cell Facilities may not encroach onto or over any private or other property outside the public right-of-way without the property owner’s express written consent.

Exhibit 2
LCP-3-STC-21-0072-2

Page 11 of 28 ends

27.92 ORDINANCE NO. 2019-XX
12 8.To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

E. Noise Standards. Facilities and all accessory equipment and transmission equipment shall comply with all applicable noise control standards and regulations in the LCP and shall be operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities to the maximum extent feasible. To the maximum extent feasible fans shall not be used. If not feasible, noise attenuation measures shall be required for all fans. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1.Testing and maintenance activities of Small Cell Facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities, which do not generate audible noise, may occur at any time, unless otherwise prohibited by the zoning administrator.

F. Lighting Standards. Small Cell Facilities shall not include any lights that would be visible from publicly accessible areas except for during night maintenance checks or emergencies, and except as may be required under Federal Aviation Administration, FCC, or other applicable regulations for health and safety. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety. All Small Cell Facilities and equipment (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas, and shall avoid glare and illumination of adjacent properties to the maximum extent feasible. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required by the city.

G. Signage. Small Cell Facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small Cell Facilities shall also include signage for hazardous or toxic materials warning where applicable. Small Cell Facilities may not bear any advertisements, identifying logos, or any other signage unless expressly approved by the city, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. To the maximum extent feasible, signs shall be above eye level and hidden from public view with background matching the color of equipment unless otherwise required by the FCC or other regulatory agencies. All signs shall be legible from a distance of at least ten feet from the Small Cell Facility. No sign shall be greater than two square feet in size. The design, materials, colors and location of any signage shall be subject to zoning administrator’s review and approval.

H. Maintenance and Repair.

1.Small Cell Facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless Exhibit 2
LCP-3-STC-21-0072-2

Page 12 of 28 ends

27.93 ORDINANCE NO. 2019-XX
13 telecommunication provider in good condition and in their approved and/or required state. This shall include keeping all facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

2.Any landscaping associated with or required in connection with the permitting of the Small Cell Facility, including landscaping of the public right-of-way, shall be maintained in good, healthy condition at all times. Any dead or dying landscaping shall be promptly replaced or rehabilitated by the wireless telecommunications provider.

3.The applicant or successor in interest shall repair, at its sole cost and expense, any damage (including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to public utilities, infrastructure, and property, incluidng city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems or sewer lines that results from any activities performed in connection with the installation and/or maintenance of a Small Cell Facility by applicant or successor in interest. In the event the applicant or successor in interest fails to complete said repair within the number of days stated on a written notice by the city, the city shall cause said repair to be completed and shall invoice the applicant or successor in interest for all costs incurred by city as a result of such repair.

4.All sidewalk panels affected by any work associated with the installation of a Small Cell Facility shall be restored to their original condition.

5.Structural foundations must be removed when removing structures from the right-of-way.

I. Security and Safety.

1.Facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. Facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices. No barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures shall be permitted. All exterior surfaces on Small Cell Facilities shall be constructed from or coated with graffiti-resistant materials.

2.Small Cell Facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:
a. Within forty-five days of initial operation or modification of a Small Cell Facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five day period. At the wireless telecommunications Exhibit 2
LCP-3-STC-21-0072-2

Page 13 of 28 ends

27.94 ORDINANCE NO. 2019-XX
14 provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.
b. All Small Cell Facilities shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission (FCC).

The wireless telecommunications provider shall hire a professional engineer registered in the State of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the FCC’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the FCC standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the FCC standard, the zoning administrator may schedule a public hearing to consider revocation of the permit in accordance with Section 24.04.225.

J. Natural Disaster. Small Cell Facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1.Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

2.The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

3.Small Cell Facilities shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

4.All connections between various components of the Small Cell Facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

5.Measures shall be taken to keep Small Cell Facilities in operation in the event of a disaster.

6.An electrical permit from the Planning and Community Development Department shall be required for the electric service associated with construction, installation, repair or alteration of all support structures for Small Cell Facilities.

Exhibit 2
LCP-3-STC-21-0072-2

Page 14 of 28 ends

27.95 ORDINANCE NO. 2019-XX
15 K. Cessation, Abandonment, or Revocation. Upon 6 months after the cessation or abandonment of the use of a Small Cell Facility under this Section for any reason, or revocation of any applicable permits, the wireless telecommunications provider shall restore the site to its original preconstruction condition to the satisfaction of the city and comply with any notice or other requirements provided in Section 24.12.1435 (J).

L. Transfer of Ownership. In the event that the original permittee sells its interest in or transfers ownership of a Small Cell Facility under this Section, the succeeding carrier shall provide proof of obtaining all required approvals to operate the Small Cell Facility satisfactory to the cty, shall assume all responsibilities concerning the facility, and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty (30) days of transfer of interest of the facility. Any required signs by the city shall be updated within thirty (30) days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

M. Compliance with Applicable Laws.

1.The applicant or successor in interest shall install and maintain permitted Small Cell Facilities in compliance with the requirements of the Uniform Building, National Electrical Code, and any and all applicable federal and state laws, codes, and regulations.

2.The applicant or successor in interest shall also install and maintain permitted Small Cell Facilities in compliance with any applicable city noise standards, the city’s Small Cell Aesthetic/Design Standards, and all other applicable local codes, laws, and regulations, except to the extent that such standards conflict with those specified herein, in which case this section shall apply.

3.Americans with Disabilities Act. All Small Cell Facilities and their locations shall comply with the Americans with Disabilities Act.

Section 6. Section 24.12.1435 (General Requirements) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1435 GENERAL REQUIREMENTS.

The following requirements are applicable to all wireless telecommunications facilities, except for Small Cell Facilities in the public right-of-way and within the coastal zone, and except for exempt facilities described in Section 24.12.1410:

A. Visual Effect. All proposed wireless telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible. Measures to achieve this objective may include but are not limited to the following:

Exhibit 2
LCP-3-STC-21-0072-2

Page 15 of 28 ends

27.96 ORDINANCE NO. 2019-XX
16 1. The applicant shall use the smallest and least visible antennas feasible to accomplish the owners/operator’s coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

2. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. Wireless telecommunications facilities shall not be located on city, state or federal registered historic buildings. When proposed within a designated historic district wireless telecommunications facilities shall be limited to facade-mounted facilities only and integrated architecturally with the style and character of the structure and the district or otherwise made unobtrusive. No wireless telecommunications facility shall be sited such that its design and/or construction will damage a known or sensitive archeological site.

3. Whenever possible, base transceiver stations, equipment cabinets and buildings, backup generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope. If this is not feasible, the equipment shall be low profile, screened, fenced, landscaped, painted, or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable) and should be a visually pleasing feature.

4. All ground-mounted base transceiver stations, equipment cabinets, and utility panels for telecommunications facilities shall be limited to a maximum height of ten feet above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

5. No advertising signage or identifying logos shall be displayed on wireless telecommunication facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

6. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts for all telecommunication facilities.

Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as Conditions of Approval when determined to be necessary to mitigate adverse visual impacts.

Exhibit 2
LCP-3-STC-21-0072-2

Page 16 of 28 ends

27.97 ORDINANCE NO. 2019-XX
17 7. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The zoning administrator may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review. The use of chain-link fencing is discouraged and the use of razor wire is prohibited.

B. Landscaping. Landscaping may be required to visually screen wireless telecommunications facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator’s review and approval.

Landscaping guidelines include but are not limited to the following:

1. To the extent feasible, existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations where such vegetation is deemed necessary to provide screening of wireless communications facilities and related access roads.

2. All trees used in landscaping shall be a minimum of fifteen gallons in size and all shrubs in a minimum of five gallons, unless otherwise approved.

3. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated access-ways shall be protected from damage both during and after construction.

4. The applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees acceptable to the zoning administrator in an amount equal to 150 percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the length of the permit.

5. All landscape design shall meet the water efficiency landscaping requirements of the Municipal Code, including installing or upgrading existing irrigation systems if necessary.

C. Access Roads. All wireless telecommunications facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed wireless telecommunications facility.

D. Setbacks. Wireless telecommunication facilities shall comply with all applicable setback regulations of the zoning district in which they are situated.

Exhibit 2
LCP-3-STC-21-0072-2

Page 17 of 28 ends

27.98 ORDINANCE NO. 2019-XX
18 1. All setbacks shall be measured from the furthest extent of a wireless telecommunications facility to the closest applicable property line or structure, with the exception of equipment shelters.

2. Ground mounted or freestanding monopole facilities shall be setback at a distance not less than the height of the structure from any residentially zoned land.

3. Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure. Underground equipment shelters or cabinets may adjoin property lines, if approved by the building official.

E. Number of Antennas and Facilities Permitted. The number of antennas allowed per site shall be determined on a case-by-case basis by the zoning administrator with the goal of minimizing adverse visual impacts.

F. Noise. All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of wireless telecommunications facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities, which do not generate audible noise, may occur at any time, unless otherwise prohibited by the zoning administrator.

G. Interference. All wireless telecommunications facilities shall be operated in a manner, which complies with the Federal Communication Commission’s regulations regarding signal interference.

H. Maintenance and Safety. All wireless telecommunications providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the wireless telecommunications provider for use in case of an emergency.

1. The design, materials, colors and location of the identification signs shall be subject to zoning administrator’s review and approval. All signs shall be legible from a distance of at least ten feet from the wireless telecommunications facility. No sign shall be greater than two square feet in size.

2. If at any time a new wireless telecommunications provider takes over operation of an existing wireless telecommunications facility, the new wireless telecommunications provider shall notify the planning and community development department of the change in operation within thirty days and the required and approved signs shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunication Exhibit 2
LCP-3-STC-21-0072-2

Page 18 of 28 ends

27.99 ORDINANCE NO. 2019-XX
19 provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

3. All wireless telecommunications facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition. This shall include keeping all wireless telecommunications facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

4. All wireless telecommunications facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:
a. Within forty-five days of initial operation or modification of a wireless telecommunications facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.
b. Every wireless telecommunications facility shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission. The wireless telecommunications provider shall hire a professional engineer registered in the State of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the Federal Communications Commission’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the Federal Communications Commission standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the Federal Communications Commission standard, the zoning administrator may schedule a public hearing to consider revocation of the permit. After conducting the hearing, if the hearing body determines that the wireless telecommunications provider has failed to supply the required reports or remains in continued noncompliance, the hearing body may modify or revoke all approvals.

Exhibit 2
LCP-3-STC-21-0072-2

Page 19 of 28 ends

27.100
ORDINANCE NO. 2019-XX
20 I. Natural Disaster. All wireless telecommunications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Nonflammable exterior wall and roof covering shall be used in the construction of all above ground equipment shelters and cabinets.

2. Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4. Wireless telecommunications facility towers shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5. All connections between various components of the wireless telecommunications facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

6. Measures shall be taken to keep wireless telecommunications facilities in operation in the event of a disaster.

7. All equipment shelters and wireless telecommunications facility towers shall be reviewed and approved by the city fire department.

8. A building permit shall be required for the construction, installation, repair or alteration of all support structures for wireless telecommunications facilities equipment.

Wireless telecommunications facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

9. All reports, certifications and verifications required to be prepared and maintained by this section shall at all times be readily available for public examination and review. To this end, upon the request of any person to the city or any wireless telecommunications provider, the city or provider shall promptly make any such report, certification or verification available for review and/or copying. Reasonable copying cost reimbursement may be required. In addition, the wireless telecommunications provider shall post all current reports, certifications and verifications at the site of the wireless telecommunications facility to which they pertain.

J. Cessation of Operation On-Site.

Exhibit 2
LCP-3-STC-21-0072-2

Page 20 of 28 ends

27.101
ORDINANCE NO. 2019-XX
21 1. Wireless telecommunications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

3. All equipment associated with a wireless telecommunications facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original pre-construction condition. An exception to this subsection may be made by the zoning administrator for an one extension of up to twelve months if the property owner continues to make a good faith attempt to sell or lease the property as a wireless telecommunications facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

4. Any wireless telecommunications provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator.

K. Transfer of Ownership. In the event that the original permittee sells its interest in a wireless telecommunications facility, the succeeding carrier shall assume all responsibilities concerning the project and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility.

L. Co-location. Where technically, legally, and fiscally feasible, co-location of new wireless telecommunications facilities onto existing telecommunications ground-mounted and freestanding monopole towers shall be required. Co-location may require that height extensions be made to existing towers or wireless telecommunications facilities to accommodate additional users, or may involve constructing new multi-user facilities that replace existing single-user capacity towers.

M. Lighting. The use of exterior lighting shall be manually operated and used only during night maintenance checks and emergencies unless specifically required by the Federal Aviation Administration or other governmental agencies. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety and in all instances be designed so as to avoid glare and illumination of adjacent properties.

Section 7. Section 24.04.130 (Decision-Making Body with Final Authority on Application Approval) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL.

Exhibit 2
LCP-3-STC-21-0072-2

Page 21 of 28 ends

27.102
ORDINANCE NO. 2019-XX
22 The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:

1. The planning commission and city council may refer certain aspects of any application to the zoning administrator for final action.

2. The zoning administrator may refer any of the matters on which he/she is authorized to act to the planning commission or historic preservation commission.

3. Recommendations for approval on General Plan matters and zoning ordinance text and map amendments shall require a majority vote of the planning commission; all other actions shall require a majority of the hearing body present at the meeting.

Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Coastal Permit ZA
(ADU*)
ZA* CPC/CC/CCC*
Administrative Use Permit:

Large family daycare homes,
temporary uses, and half baths
in accessory buildings

ZA CPC/CC
Administrative Use Permit:

Variations to parking design
requirements or variations to
number of required spaces

ZA CPC/CC/CCC
Other uses as listed by
individual zoning districts as
requiring an Administrative Use
Permit

ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
Slope Regulations
Modifications (Variance)
CPC CC
Slope Regulations
Modifications (Design Permit)

ZA CPC/CC
Design Permit ZA CPC/CC
Exhibit 2
LCP-3-STC-21-0072-2

Page 22 of 28 ends

27.103
ORDINANCE NO. 2019-XX
23 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Substandard lots: New twostory structures and secondstory additions, including ADUsZA CPC/CC Large homes per
Section 24.08.450

ZA CPC/CC
Wireless telecommunications
facilities
ZA* ZA CPC/CC
New structures or improvements
to existing structures in the
WCD Overlay which are
exempt or excluded from coastal
permit requirements

ZA CPC/CC
New structures or improvements
to existing structures in the
WCD Overlay which require a
coastal permit

ZA CPC/CC
Demolition Permit

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

4. Nonresidential ZA** ZA** CPC/CC
General Plan Text and Map
Amendments
CPC CC/CCC***
Historic Alteration Permit HPC CC
Administrative Historic
Alteration Permit

ZA HPC/CC
Historic Building Survey:

Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark Designation HPC CC
Exhibit 2
LCP-3-STC-21-0072-2

Page 23 of 28 ends

27.104
ORDINANCE NO. 2019-XX
24 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Mobile Homes (Certificate of
Compatibility)

ZA CPC/CC
Mobile Home Park Conversion CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Reviewed by ZA or body
approving application
Appeal to next
highest body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures Permit ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development
Permit

ZA CPC/CC
Zoning Ordinance Text and
Map Amendments
Amendments recommended by
CPC
CPC CC/CCC***
Amendments not recommended
by CPC
CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission
HPC = Historic Preservation Commission ZA = Zoning Administrator * For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall Exhibit 2
LCP-3-STC-21-0072-2

Page 24 of 28 ends

27.105
ORDINANCE NO. 2019-XX
25 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section

24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10). For Small Cell Facilities projects that are in the public right-of-way and in the portion of the Coastal Zone Overlay zone district where city decisions can be appealed to the California Coastal Commission, appeals shall be made directly to the Coastal Commission. For Small Cell Facilities projects that are in the public right-of-way but are not in the portion of the Coastal Zone Overlay zone district where such Coastal Commission appeals are allowed, appeals shall be made directly to the City Council. ** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey.
*** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2). (Ord. 2020-22 § 2, 2020; Ord. 2016-11 § 2, 2016: Ord. 2016-04 § 1, 2016: Ord. 2012-19 § 6 (part), 2012; Ord. 2012-06 § 1, 2012: Ord. 2008-17 § 2 (part), 2008: Ord. 2006-02 § 1 (part), 2006: Ord. 2004-27 § 3, 2004: Ord. 2004-02 § 6, 2004: Ord. 2003-17 § 10, 2003: Ord. 2003-16 § 10, 2003: Ord. 2000-27 § 1, 2000: Ord. 99-17 § 2, 1999: Ord. 94-34 § 2, 1994: Ord. 94-33 § 5, 1994: Ord. 91-14 § 1, 1991; Ord. 90-09 § 1, 1990; Ord. 86-12 § 1, 1986: Ord. 85-05 § 1 (part), 1985).

Section 8. Section 24.04.186 (Appeals to Coastal Commission) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.04.186 APPEALS TO COASTAL COMMISSION.

Exhibit 2
LCP-3-STC-21-0072-2

Page 25 of 28 ends

27.106
ORDINANCE NO. 2019-XX
26 1. Coastal permits fall into either of two categories: appealable or nonappealable to the Coastal Commission.

The determination of whether a project is appealable or nonappealable, or categorically exempt, shall be made by the zoning administrator at the time the application is filed. This determination is appealable pursuant to the provision of California Coastal Commission Local Coastal Program Regulations Section 13569.

2. Coastal permits are only appealable after all city appeals are exhausted except for (a) appeals by members of the Coastal Commission and (b) appeals of city decisions on Small Cell Facilities in the public right of way and in the portion of the Coastal Zone Overlay zone district where city decisions can be appealed to the California Coastal Commission, in which case the appeal may be made directly to the Coastal Commission. No fee shall be charged for coastal permit appeals. a. Only the following coastal permit applications are appealable to the Coastal Commission:
(1) Any major public works project or facility. The phrase “major public works project or energy facility” is the same as used in Public Resources Code Section 30603(A)(5) and these regulations shall mean any proposed public works projects as defined by Section 13012 of the Coastal Commission Regulations, or “energy facility” as defined by Public Resources Code Section 13012 of the Coastal Commission Regulations, or “energy facility” as defined by Public Resources Code Section 30107 and exceeding $50,000.00 in estimated cost of construction. (2) Development approved between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance. (3) Developments approved not included within subsection (a)(2) above, located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff.
(a) Subsections (a)(2) and (a)(3) above are shown as the SP-O Shoreline Protection Overlay zone on the zoning map.
(4) Developments approved that are located in a sensitive coastal resource area. b. An appeal may be filed only by the applicant, an aggrieved person as defined by this title, or any two members of the Coastal Commission. An appeal must be filed in accordance with the appeal procedures contained in this title, except that appeals by any two members of the Coastal Commission do not require exhaustion of local appeals and may be made following the decisions of the reviewing body, zoning administrator, zoning board or city council.

Exhibit 2
LCP-3-STC-21-0072-2

Page 26 of 28 ends

27.107
ORDINANCE NO. 2019-XX
27 However, commissioner appeals taken prior to exhaustion of all local appeals shall be transmitted to the appropriate local appellate body and the appeal to the commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision. c. Grounds for appeal, pursuant to subsection (a)(2) above, shall be limited to an allegation that the development does not conform to standards set forth in the certified Local Coastal Program (LCP) or the Public Access Policies set forth in the California Coastal Act.
d. The grounds for an appeal of a denial of a permit pursuant to subsection (a)(1) shall be limited to an allegation that the development conforms to the standards set forth in the certified Local Coastal Program and the public access policies set forth in the California Coastal Act.
e. Appeals to the Coastal Commission pursuant to this section must be filed with the Coastal Commission on forms prescribed by and available from the Coastal Commission. (Ord. 94-42 § 1, 1994: Ord. 94-33 § 8, 1994: Ord. 88-58 § 7, 1988; Ord. 85-47 § 2, 1985: Ord. 85-05 § 1 (part), 1985).

Section 9. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this __th day of __, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this __th day of __, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Exhibit 2
LCP-3-STC-21-0072-2

Page 27 of 28 ends

27.108
ORDINANCE NO. 2019-XX
28 Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 201X-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
Exhibit 2
LCP-3-STC-21-0072-2

Page 28 of 28 ends

27.109
Examples of Acceptable Installations

Exhibit 3
LCP-3-STC-21-0072-2

Page 1 of 2 ends

27.110
Examples of Unacceptable Installations
Exhibit 3
LCP-3-STC-21-0072-2

Page 2 of 2 ends

27.111
STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CORRESPONDENCE

27.112

27.113
STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
February 15, 2022
Clara Stanger, Senior Planner
City of Santa Cruz
Comprehensive Planning, Housing and Community Development 809 Center Street, Room 101
Santa Cruz, CA 95060
Subject: Coastal Commission Action on City of Santa Cruz Local Coastal Program (LCP) Amendment No. LCP-3-STC-21-0071-2 (Wireless Ordinance) Dear Clara:

At its meeting on February 11, 2022, the Coastal Commission took action on Santa Cruz County LCP Amendment No. LCP-3-STC-21-0071-2 (Wireless Ordinance). The Commission approved the proposed amendments to the Implementation Plan, if modified as suggested. A copy of the adopted findings and suggested modifications will be sent to you electronically.

This letter formally transmits to you the Commission’s resolution of certification and adopted findings pursuant to Section 13544 of Title 14 of the California Code of Regulations. Pursuant to Section 13544, effective certification of LCP Amendment No.

LCP-3-STC-21-0071-2, whereby the City may begin issuing coastal development permits subject to this amendment, will occur after:

1. The City, by action of the City Council: (a) acknowledges receipt of this resolution of certification, including the suggested modifications; and (b) accepts and agrees to the modifications and takes whatever formal action is required to satisfy the modifications (e.g., implementation of ordinances).

2. The Commission’s Executive Director reports to the Commission his determination that the County’s actions are legally adequate, and the Commission does not object to the Executive Director’s determination.

3. Notice of the certification of the LCP amendment is filed with the Secretary of the Resources Agency.

Coastal Commission staff will take care of items #2 and #3 above, following completion of item #1 by the City. Note that the Commission’s regulations provide that the Commission’s action of certification with the suggested modifications shall expire six months from the date of the Commission’s action, or on August 15, 2022.

27.114
Clara Stanger
LCP-3-STC-21-0071-2 (Wireless Ordinance)

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Please let me know if I can assist you in any way in completing action on this LCP amendment, or if you have any questions. Thanks for all of your help during this process.

Sincerely,
Ryan Moroney
District Supervisor
Central Coast District Office
Enclosure (Via Email): Adopted Staff Report with Suggested Modifications

27.115
City Council

AGENDA REPORT
DATE: 03/10/2022
AGENDA OF: 03/22/2022
DEPARTMENT: Parks and Recreation
SUBJECT: Review and Accept the Final Parks and Recreation Department FY 2021 Annual Report (PR)
RECOMMENDATION: Review, accept, and provide feedback to staff on the Parks and Recreation Department FY 2021 Annual Report.

BACKGROUND: The Parks & Recreation Department (Department) manages 1,700 acres of parks, beaches, and open spaces, and provides some of the most iconic amenities in Santa Cruz including the Santa Cruz Wharf, Civic Auditorium, London Nelson Community Center, DeLaveaga Golf Course and Disc Golf Course, and more. Parks & Recreation also provides outstanding programs, community events and services including but not limited to Junior Lifeguards, summer camps, youth and adult sports, senior programs, Halloween Horrors Film Competition and Clam Chowder Cook-Off.

The Department’s annual accomplishments and fiscal summary are included in the City’s annual budget process, which takes place in the spring and summer. Additionally, Parks & Recreation’s scope of responsibilities are defined in the 2030 Parks Master Plan. Specific amenities and scope of responsibilities are included in site specific plans such as the Beach Management Plan, Wharf Master Plan, San Lorenzo Urban River Plan, and many other site specific plans.

With respect to recreation, the Department’s core program areas and associated goals are captured in the FY 2021 Recreation and Leisure Study. Further, achievements are summarized as part of the budget process.

DISCUSSION: First produced for FY 2020, the purpose of the annual report is to combine many of these details outlined above into a single report so that the City Council, Parks & Recreation Commission, and the community have a succinct, recurring, and clear report on the impacts and value of the Parks & Recreation Department. With each year, staff aim to incrementally improve the report’s focus and content, so it delivers maximum information and value to constituents. Staff is seeking review and feedback from Council on the content and material included in this second FY 2021 edition of the annual report.

FISCAL IMPACT: None.

28.1 Prepared By:

Lindsay Bass
Principal Management
Analyst
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FY21 ANNUAL REPORT_FINAL.PDF

28.2 PARKS AND RECREATION
January 2022 2021 Annual Report: Impact and Recovery
The purpose of this document is to present a snapshot of progress for the 2021 fiscal year (July 1, 2020 to June 30, 2021) and to lay out goals for the current 2022 fiscal year.

28.3 Parks and Recreation
2 0 2 1 A N N U A L R E P O R T : I M P A C T A N D R E C O V E RY DIRECTOR’S MESSAGE
2021 was, in many ways, a continuation of 2020 – the global pandemic presented our world and our community with significant challenges. The City of Santa Cruz and the Parks & Recreation Department had a seat on the year’s roller coaster that offered both ups and downs. Perseverance was our 2020 objective. 2021 was about recovery, and despite a wild ride, Parks & Recreation accomplished remarkable things for Santa Cruz this year. The long-awaited correction of the community center name to accurately reflect Mr. London Nelson was a historic moment and a wonderful example of community collaboration. Junior Guards were back in action on our beaches. New grant funding was put to good use in our parks and facilities. Adoption of the City’s first Street Tree Master Plan was a monumental effort and sets the stage for the future of urban forestry in Santa Cruz.

The list of accomplishments is long. The impacts made this year will serve the community for years to come.

I have been reminded this year how resilient, high-achieving, and service-minded Parks & Recreation is especially in the face of trying times. I am proud of the Parks & Recreation team. As we look ahead, we will continue to be adaptive and resilient in light of the ongoing pandemic. Our commitment to providing a world-class parks and recreation system will not waiver in the face of adversity. We will recover, we will serve, and will look forward to building back better in the years ahead.

On behalf of Parks & Recreation, it is our honor and privilege to serve Santa Cruz. Thank you for your support!

28.4 Parks and Recreation

TABLE OF CONTENTS
MISSION, VISION & VALUES ............................................................................................... 1 LOOKING FORWARD .......................................................................................................... 1 BY THE NUMBERS ................................................................................................................ 2 DOLLARS & CENTS: DEPARTMENT FINANCIAL OVERVIEW................................................ 3 FY2021 GOALS & ACCOMPLISHMENTS .............................................................................. 4 GOAL: SAFE PARKS & FACILITIES FOR ALL........................................................... 4 GOAL: CORE AMENITIES AND ESSENTIAL SERVICES PROVIDED.......................... 5 AWARD'S CIRCLE ................................................................................................... 7 GOAL: COMMUNITY, ENVIRONMENT AND FISCAL SUSTAINABILITY THROUGH FORWARD-LOOKING AND RESILIENT PLANNING................................................ 8 SPOTLIGHT: MOVING TOWARD EQUITY ............................................................... 9 GOAL: INCREASE COST RECOVERY THROUGH PARTNERSHIPS AND NEW REVENUES............................................................................................................ 12 GOAL: EFFECTIVE DEPARTMENT OPERATIONS AND COMMUNICATIONS ........ 12 ADDITIONAL FY2021 ACCOMPLISHMENTS ...................................................................... 13 FY2022 GOALS & OBJECTIVES.......................................................................................... 14 SPOTLIGHT: HOMELESSNESS AND PARKS ........................................................................ 15 CAPITAL IMPROVEMENT PROGRAM................................................................................ 16 FAST FACTS ....................................................................................................................... 17 WORKLOAD INDICATORS................................................................................................. 17 PARKS AND RECREATION AMENITY MAP ....................................................................... 18

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MISSION, VISION & VALUES
Access to parks, open space and recreational activities is vitally important to establishing and maintaining a high quality of life in Santa Cruz, ensuring the health of our seniors, families and youth, and contributing to the economic and environmental wellbeing of the City and the region. The City of Santa Cruz Parks & Recreation Department manages a diverse portfolio of recreation programs along with a robust, world-class system of parks, beaches, open spaces and urban forest.

This portfolio enables the department to positively impact the community and local economy by: contributing to the strength and health of the City of Santa Cruz and its surrounding communities; functioning as an important component of the City’s social safety net services and emergency services infrastructure; serving as environmental stewards of a vast and stunning array of natural resources; providing desirable destinations popular among residents and tourists; and attracting new businesses. The following mission, vision and accompanying values guide the department’s work in service to the community:

Mission
To provide quality public spaces and experiences that build a healthy community, foster equity, and better the environment.

Vision
We envision a thriving Parks & Recreation system that creates recreational and cultural opportunities, improves quality of life, and strengthens the health of the local environment and economy for all.

Values – Communication, Openness, Service Collaboration The parks and recreation department is essential to the community. To that end, we commit to:
 transparent and honest communication as the foundation of great relationships.  a spirit of equity, openness and innovation, welcoming differences and diversity.  service to the community in a manner that is sustainable, safe, responsive and accessible to all.  collaboration to achieve results that reflect our department vision, leveraging the strengths of the community.

LOOKING FORWARD
Santa Cruz Parks & Recreation is at its best when engaged with the community. Investment into critical resources, partnerships, and outside support for Parks & Recreation will be essential to continue success and advancement of department mission and goals. Parks & Recreation is a conduit for economic recovery, the green economy, for health, and social equity, and we invite the community to join us as a funding partner, a volunteer, or as an advocate.

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BY THE NUMBERS
National Averages from the National Recreation and Park Association (NRPA); City of Santa Cruz Statistics based on FY2021 numbers.

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DOLLARS & CENTS: DEPARTMENT FINANCIAL OVERVIEW
Expenditures
The FY2021 Parks and Recreation adopted revised budget included $1.1 million in reductions to address significant pandemic impacts to city and department General Fund revenues. These reductions included the structural elimination of two vacant positions – a 1.0 FTE Special Event Coordinator position and a 0.5 FTE Box Office Representative. With reductions, the department budget was approximately $15.4 million (15,387,534) with personnel costs making up 62 percent of that amount.

Challenges. Early retirements and a hiring freeze led to a vacancy rate of close to 10 percent for FY2021. The department leadership team made up of major area supervisors faced incredible challenges: the global pandemic made outdoor spaces the safest place for community members to be. Further, citizens flocked to parks, beaches and open spaces to sustain their mental health. For the Parks Division, constrained staffing and budget resources limited the ability to respond and keep up with public demand. Alternatively, the Recreation Division was challenged with the opposite dynamic. Bringing people together for in-person events, programs, sports and classes meant completely re-imagining their work and budgets to provide essential support to the community in a manner consistent with ever-evolving public health guidance.

Strategies. The department approached the pandemic budget shock and the city’s structural deficit with a multi-year fiscal sustainability roadmap, knowing that short-, mid- and long-term actions would be required to ensure the department remained fiscally positioned to deliver on its mission and vision for the community. To manage with a reduced budget, the department streamlined operations, reduced service levels, and returned savings from programming not able to operate due to public health constraints. Further, grant opportunities helped offset some costs associated with homeless encampment clean-up.

Revenues
The Parks and Recreation department is funded primarily through general fund revenue sources, such as property taxes, sales and use tax, transient occupancy tax (TOT). In a typical year, the department generates enough revenue via program fees, permits, and other charges to offset about one-third of its expenditure budget. In FY2021, department activities were conservatively projected to bring in nearly $4.2 million (4,179,601) in General Fund revenues.

Challenges. Generating revenues is difficult when facilities are closed and bringing people together can be hazardous to public health. The department took the early stance to sacrifice revenues to support a cautious approach to the pandemic.

Strategies. This fiscal year, staff completed a department revenue policy to guide efforts to improve cost recovery. While some revenue centers were limited in their ability to generate revenues, the department continued to make fee improvements by adjusting the fee structure for beach rentals and continued with the implementation of the golf course operations plan.

Cost Recovery
A key metric for the Parks and Recreation Department is the revenue-to-operating expenditure ratio. In FY2021, the budgeted ratio was 27 percent. With additional budget savings realized from the pandemic along with a record revenue year at the DeLaveaga Golf Course, the actual ratio ended up being 33 percent, well above the national average and consistent with the department’s actual cost recovery from FY2019 (the last normal year for comparison). The resulting net impact of the department on the General Fund was $9.0 million ($9,023,843).
5-YR Budgeted Cost Recovery - Adopted Budget 5-YR Actual Cost Recovery: Year End Actual Performance

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FY2021 GOALS & ACCOMPLISHMENTS
GOAL: Safe Parks & Facilities for All
Managing 169,000 facility square footage and over 1,700 acres of urban forest, parks, beaches, open spaces and greenways, the Parks and Recreation Department is working to build a healthy, more resilient future for the Santa Cruz community. These efforts positively impact human and environmental health, as well as the community’s safety and economy.

Despite significant staffing constraints, 99 percent of park acreage remained open and key assets like the Wharf and playgrounds were made safe for public use during the pandemic For the Parks Division, constrained staffing and budget resources limited the ability to respond and manage public demand.

With some facilities unable to operate due to public health orders, select recreation staff transitioned to assist the parks team.

They filled a number of critical roles to help care for and maintain the parks, monitoring parks and beaches for safe use during shelter-in-place orders, as well as addressing normal day-to-day administrative tasks so park staff could remain focused on maintaining services in the field. A few recreation staff also became department coordinators to oversee response to staff COVID exposures and/or positive test results. The adaptabiltiy shown by these staff was remarkable and allowed critical work for the commnunity to continue throughout the pandemic.

Department maintenance crews were on the front lines throughout the pandemic. Nearly all amenities remained open for people to find respite, enjoy the open space, as well as exercise and walk the trails. Maintenance crews mowed lawns, maintained trails, picked up trash and maintained benches and parking areas. Only Lower DeLaveaga Park and Laurel Park were closed due to reduced staff resources. By mid-June, exceptions to hire key maintenance positions allowed the department to reopen Lower DeLaveaga Park for programs and public use.

Kept Playgrounds Safe
In keeping with California State Health and Safety guidelines of supporting a safe environment for children and families to recreate, the department implemented sanitation stations around playground areas. Awareness signage provided
guidance on maximum occupancy limits, waiting areas, social distancing measures and California state guidance on safe play during Covid-19. Included within the sanitation stations were self-use hand sanitizer bottles to encourage everyone to “gel in & gel out.”
Managed record amounts of trash on Main and Cowell Beaches with help from key partners Trash management is always a challenge, on Main Beach in particular. Heading into the the summer of 2021, the
department had received more than the normal level of
complaints due to some larger impacts – constrained
department staffing resources, similarly limited capacity by the department’s traditional partner in beach clean-up, the Seaside Company, and a greater concentration of street vendors (and the associated trash associated with some of their products).

With assistance from the Sanitation Department in the form of more dumpsters for the beach along with additional Save Our Shores volunteer clean-ups, our tireless Wharf and Beaches maintenance team was able to improve trash management. The result was cleaner beaches and a healthier Monterey Bay.

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GOAL: Core Amenities and Essential Services Provided
Through programs, services and spaces, the department ensures the health and well-being of community members by: investing proactively in our community’s at-risk and vulnerable populations; providing support to local youth through access to quality education, after school enrichment opportunities, mentorship from a supporting adult, access to jobs, internships and future career possibilities; delivering virtual and in-person activities and connection to resources for our community’s seniors to help prevent isolation and loneliness; aiding community members in need through various programs: low-cost meeting space for twelve-step groups, host to Meals on Wheels, safe sleeping, convenient access to free COVID testing; building relationships with community partners, creating an extension of Parks and Recreation services to those who need it most; and partnering and supporting local and regional agencies in addressing homelessness, COVID and disaster relief.

Answered the call to reinforce fire lines and harden critical infrastructure On August 16, 2020, a thunderstorm generated 11,000 lightning strikes at the height of the California dry season. Two days later, a 40,000 acre wildfire was raging in the Santa Cruz mountains. In the days to come, parks staff would be called to assist with creating defensible space around the City of Santa Cruz water system’s key westside storage tanks, westside and Felton pump stations, and the Graham Hill Water Treatment Plant. Other team members would be enlisted to help with door to door emergency preparedness education in higher risk city neighborhoods. Just over a month after ignition, the August CZU Lightning Complex fire would be fully contained, having burned 86,509 acres, destroyed 1,490 buildings, making it California’s 12th most destructive wildfire in the state’s history.

Unable to hold events in FY2021, the Civic Auditorium became a critical asset in emergency response On August 18, 2020, the Santa Cruz Civic Auditorium became a shelter for CZU fire evacuees. Learning the basics of shelter operations over the course of eight hours, the staff worked through the night with partners from the County Emergency Operations Command Center to pivot the facility to receive those being evacuated from the CZU fire threat in the Santa Cruz mountains. A complicating factor was the need to keep people distanced and safe in those early days of the pandemic. Setting up tents in the main hall and implementing rigorous cleaning protocols, the Civic Auditorium Supervisor, Jessi Bond, and her team created a sanctuary, not only for those displaced, but also for those seeking information, resources or a place to charge a cell phone.

The site became the nexus for an outouring of support from the community, receiving hundreds of messages, phone calls and emails from people asking how they could help.

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Four short months later, the same team would see themselves ramping down their facility as a fire shelter so that it could be converted to a COVID testing site. With case rates on the rise and the 2020 winter holidays approaching, providing easy access to testing for the Santa Cruz community became critical to ensuring citizens along with state and local health officials had access to information on the spread of COVID-19 in the community. Collaborating again with Santa Cruz County staff, the Civic Auditorium opened in December for appointment and walk-in testing. By March, the facility had conducted over 7,500 free COVID tests for the community. The Civic Auditorium remained a testing site through the remainder of the fiscal year.

Provided essential programs and services to vulnerable populations Essential Worker Childcare. Fall and Winter/Spring childcare sessions for essential workers operated at maximum capacity within the London Nelson Community Center. Recreation staff assisted students with virtual learning in the morning and provided recreational activities in the afternoon. To provide as much support to children and teachers, staff trained with City schools teachers on effective ways to assist students with virtual learning.

Friends of Parks & Recreation was also there to assist families, awarding over $35,000 in program scholarships to income-qualified families and those suffering fiscal hardships as a result of the pandemic.

Teen Employment Opportunities. The annual Teen
Job Fair moved outdoors to Laurel Park to comply
with COVID restrictions. Applicants had access to
six featured employer booths – Santa Cruz Parks and Recreation, Kianti’s, O’Neill, Whiting’s Foods, All About Theatre, and the Seaside Company, as well as 25 paper applications for other area employers who hire teens. 127 teen job seekers attended and 152 completed applications were delivered to the employers.

Senior Community Support. In addition to offering
well-attended virtual classes for seniors – line
dancing continued to be quite popular – the
Downtown Senior Center also connected 125
seniors with free Amazon Fire tablets through the Senior Center Without Limits partnership with Community Bridges and Elder Day. The Center also helped coordinate vaccine outreach efforts with the county Health Services Agency (HSA). Outreach to high-risk and eligible seniors reached over 2,000 area seniors in remarkable efforts to simplify the appointment-making-process and target the hard-to-reach senior population.

Brought fun back to summer with a wide array of programming in-line with State of California Reopening Blueprint
Parks and Recreation summer programs returned in June 2021 with Junior Guards at Cowell Beach and Summer Camps at Harvey West Park. Kids and parents were thrilled to be back in our programs that have become summer traditions for local families. For possibly the first time ever, summer camp registration filled before Junior Guards in a record-breaking eight minutes. Expanding registration on a rolling basis in response to state guidance was a big lift for the administration team, and they delivered for the community’s parents. Also new for summer 2021, Parks and Recreation collaborated with City Schools to provide after summer school classes at Bay View and Gault Elementary Schools. The afternoon classes provided all day recreation options for working summer school parents.

Summer adult sports also returned with over 40 teams registering for our Adult Softball league, nine registered for adult soccer and a strong bocce registration as well.

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AWARD’S CIRCLE
Civic Auditorium Supervisor, Jessi Bond, receives Jim Howes Award In December, Jessi Bond was selected as the staff recipient of the Jim Howes award for her outstanding service to the Santa Cruz community. Jessi exemplifies all the qualities that the award recognizes: community-minded leadership, problem solving, tenacity, engaging enthusiasm and pride in being a Santa Cruz public servant. These qualities were on full display during the Covid crisis as operational needs at the City and the Civic became incredibly fluid from March 2020 onward. Time and time again, Jessi actively looked for solutions to support our community through the crisis. This included small efforts like assisting the Economic Development Department by providing Civic supplies to expand business outdoor operations to assisting the City and County with homelessness response by making the Civic available for storage of large materials like tents and sleeping bags to larger efforts such as running a shelter at the Civic for fire evacuees during a global pandemic.

Recreation Staff win Award of Excellence in Marketing & Communications On March 23, during the annual statewide conference, the London Nelson Community Center was honored by the California Parks and Recreation Society (CPRS) with an Award of Excellence in Marketing & Communications for the Halloween Horror Film Competition marketing campaign. The campaign was launched in July 2020 and included two promotional videos, which paid homage to classic horror films The Shining and Blair Witch Project.

LNCC was also recognized in February by CPRS for outstanding contributions in the community for creating Innovative Programming During COVID-19 for the Halloween Horrors Film Competition and their Cookies, Cocoa and Connection (CCC) event. Each program was a great success! The film competition received registrations from 28 individual teams. The CCC event partnered 50 local seniors who participated in a variety of connection activities together over zoom in the midst of the pandemic and often lonely and challenging holidays.

Santa Cruz Urban Forester, Leslie Keedy, wins WCISA Award In June, Santa Cruz Urban Forester Leslie Keedy received the Award of Commendation by her fellow peers from the Western Chapter of the International Society of Arboriculture at its 87th Annual Conference. Leslie was selected as the best in 2020 for promoting the purpose of the ISA organization through continuing education and communication between practitioners, educators, researchers, and the general public. The award recognized Leslie's 20-plus year career with the City of Santa Cruz and her work overseeing the recent CalFIRE Urban Forestry grant that resulted in the planting of 500 trees.

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GOAL: Community, Environment and Fiscal Sustainability through Forward - Looking and Resilient Planning
Planning for Our Future Parks and Recreation System
Parks Master Plan 2030 Approved. Receiving City Council approval in the fall, the final Parks Master Plan 2030 provides a guiding framework to plan for, provide, and maintain parks and recreation services for more than 1,700 acres of land. The plan envisions a quality park system that connects the surrounding greenbelts to the Pacific Ocean, preserves and protects its natural heritage, enhances its cultural and recreational environments, and provides a diversity of experiences that enrich lives and support a healthy community. The Parks Master Plan 2030 is intended to evolve with the City over time, providing a guiding framework while allowing adjustments to be made to meet present and unforeseen needs and desires.

The Plan includes guiding goals, policies and actions which were developed through a comprehensive public process. Additionally, it includes some ideas for specific park properties to explore further through future public processes. Many of the conceptual ideas were further refined in additional public meetings. The Parks and Recreation Department tried to be as flexible and accommodating with the planning process to ensure everyone had an opportunity to provide input. As larger projects move forward, there will be opportunities for community members, Commission, and Council to provide input and help shape the direction of each project, including funding allocation, project scope, community outreach and environmental review.

Street Tree Master Plan Approved. In late April, the Street Tree Master Plan was approved by City Council, providing a critical management tool for the Office of Urban Forestry within the Parks and Recreation Department. The management plan effectively quantifies the existing urban forest street tree resource, its values and maintenance requirements, provides a vehicle to maintain consistency between City departments, and establishes goals and actions to be used moving forward.

In addition to utilizing the Street Tree Master plan as a guiding document, future forestry goals also include maintaining the completed tree inventory and the TreeKeeper® software used for tracking accurate data, monitoring tree canopy coverage, and increasing tree planting efforts.

Future Urban Forestry actions include improving the existing street tree planting list, improving public outreach for proper forestry management, enhancing the existing forestry work plan and establishing appropriate resource levels including budgeting and staffing adequate for a successful urban forestry program.

Wharf Master Plan Approved. With City Council approval of the Wharf Master Plan, the document establishes a framework for any potential future expansion of the Wharf, most especially the improvements called out in the Master Plan. The Wharf has not had such a comprehensive plan or design guidelines prepared since the 1980 Beach Area Plan. The California Coastal Commission (CCC), the state agency who oversees any proposed development along the California coast, has long urged the City to develop such guidelines.

The adopted master plan with associated environmental review is also required for the Wharf to be eligible to apply for competitive grants and outside funding.

Where the Wharf Master Plan will create guidelines and identify opportunities for future projects, it will not lock in the development of any proposed improvements. All future projects on the Wharf will be subject to future City Council review and approval, including a public outreach and input process.

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Bettering the Environment
Piloting Electric Tools to Reduce Carbon Emissions and Noise Pollution. With the help of a City Carbon Fund Grant, the Harvey West Park team began a pilot of electric equipment to determine feasibility of transitioning away from gas-powered small tools. The electric blowers will not only reduce carbon output but are also quieter. This means less impact on staff while helping to reduce noise and air pollution in our parks. After a trial period, the Parks Division moved the electric equipment over to the Neighborhood Parks team, as the battery life of the tools seemed better suited to smaller scale parks.

Installing the First Department Solar Array. Through a partnership between Sandbar Electrical and Solar and the City of Santa Cruz, the main parking lot of DeLaveaga Golf Course saw the installation of three new solar power carports. The total combined surface area of the arrays is roughly 9,500 square feet and will provide shade for 50 parking spaces. The solar arrays are expected to produce nearly 250,000 kilowatt hours of sustainable electricity to the sports fields and golf course facilities annually.

Reforesting Audrey Stanley Grove. Partnering with Cabrillo Horticultural Program to celebrate National Arbor Day and Earth Day, the Parks & Recreation Forestry Division planted twelve coast redwood trees at the Santa Cruz Shakespeare amphitheater.

In total, Shakespeare staff have added 128 new redwoods to the theatre grounds to improve the venue experience. These new redwood trees will thrive and reforest the grove with a healthy, native tree population.

Helping the Santa Cruz Tarplant Persist at Arana Gulch. The department’s Open Space & Greenways team, in collaboration with the Arana Gulch Adaptive Management Working Group, the UCSC Greenhouse, and UCSC volunteers, successfully implemented an experimental outplanting of over 1,000 Santa Cruz tarplant (Holocarpha macradenia). An endangered plant species endemic to Northern California, tarplant persistence is a key goal of the Arana Gulch management plan. The short-term goal of this work is to identify the best outplanting methods. The long-term goal is to increase the seedbank of the tarplant at Arana to a level that will ensure a high probability of persistence for 100 years, or in perpetuity. This planting is something of a landmark in that it exceeds the targeted population goal for the Santa Cruz tarplant management program.

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Sustaining Park & Public Spaces for the Community
London Nelson Community Center Tile Cleaning. Staff addressed key maintenance improvements while the Center was closed to normal operations over the course of the year. A focal project for the Center, which was first constructed as an elementary school in 1932 in the Mission Revival style, was a much needed cleaning of its beautiful tiled roof.

New Roof Finished for Noland’s. The Wharf completed reroofing Noland’s, a popular Wharf retail business. The building now has upgraded insulation with fire protection, and an 80 Mil, welded seam IB pool liner roof with a 25-year warranty. This type of roof membrane is necessary for the flat roofs on the Santa Cruz Wharf due to their resilience, ease of repair, and ability to be washed.

Wharf Pile Driving Completed. The Wharf Construction Crew finished pile work allowed under the Army Core of Engineers Nationwide 3 and CA Coastal Commission emergency maintenance permits. Driving piles is a fairly complex operation requiring the trust and cooperation of all involved. From the transporting of the pile to positioning the driver and the driving of the pile to finally cutting the pile off and bolting it in place, all demands the collaborative attention of the team and strict adherence to protocol and procedure.

Bethany Curve Pathway Improvements Kept Neighbors Strolling. Bethany Curve runs four blocks from West Cliff all the way to Delaware Ave. The Parks team completed the installation of two sections of decomposed granite pathway and header board, further improving the space. Take in the beauty of the assorted trees and bird species in this lush riparian zone.

Town Clock and Plaza Refreshed for Spring. The Parks team completed work to get the Town Clock and Plaza ready for the spring season. Lots of effort went into updating the electrical systems to highlight the Collateral Damage statue and make the Town Clock shine bright again. All new landscaping was also added and three new trees were installed creating a beautiful public plaza for all to enjoy for years to come.

Harvey West Park’s Redwood Picnic Area Completed. Installation of the new Redwood Picnic Area, located in Harvey West Park, was completed and brought online for reservations beginning May 28th. This new picnic area accommodates 70 people comfortably and has electrical power and a sink. The Redwood Picnic Area replaces the old “Oak” Picnic area, which saw its namesake tree fail last year.

New Landscaping for Chinatown Bridge Dragon Art Completed. New plantings were installed and included edible plants associated with the original Chinese marketplace, native plants to promote habitat along the San Lorenzo river walk, and pops of perennial color to enhance the design elements and colors of the dragon sculpture. All plants are water wise perennials on a drip irrigation system to promote water conservation. Special thanks to the many community partners that contributed to the outstanding final product.

Lighthouse Avenue Park Playground Updates Complete. Early in the year the Parks team updated sections of the playground play surface and installed new playground components in the park.

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SPOTLIGHT: MOVING TOWARD EQUITY
In 1979, the Santa Cruz City Council voted to rename the Laurel Community Center to the Louden Nelson Community Center in honor of the heroic figure who had died more than a century earlier. The Center’s namesake, Mr. Nelson, was born into slavery in 1800 in North Carolina. After news of the Gold Rush in 1850, Mr. Nelson was taken from the plantation by a slave owner to California, where he was eventually able to purchase his freedom. Traveling throughout California as a cobbler, Mr.

Nelson eventually settled in Santa Cruz before succumbing to a terminal illness in 1860. He bequeathed the entirety of his estate to the local schools, a significant contribution to local learning and the community. One that was honored by the 1979 city councilmembers. There was, however, a problem: Louden Nelson was not his real name. A simple mistake in recording his name in the 1870s had compounded for more than a century.

The correction of this long-time error was initiated with a citizen petition started by Brittinii Potter, which secured over 1,000 signatures. Potter’s petition cited an imperative to “have a history that is accurately named after some of our first Black leaders.” Potter along with Parks and Recreation staff convened a project committee including community center supervisor Iseth Rae, Recreation Superintendent Rachel Kaufman, Civic Auditorium Supervisor Jessi Bond, NAACP President Brenda Griffin, City Councilmember Justin Cummings, Santa Cruz Equity Project founder Luna HighJohn Bey, and Sentinel history columnist Ross Gibson.

This group worked over several months to address remaining uncertainty with correcting the community center name. Their efforts included following up with members of the Black community who had originally supported the name of Louden. There were no holdouts left – It was time to get the name right. On June 8, city councilmembers voted unanimously to change the name. In addition, the council also called for the city “to pursue a more accurate depiction of the history of Mr. Nelson and explore further education efforts on his contributions to Santa Cruz.” City councilmembers celebrated the name change with the community during Juneteenth Festivities in Laurel Park, just outside the renamed London Nelson Community Center.

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GOAL: Increase cost recovery through partnerships and new revenues DeLaveaga Golf Course saw record use, turning a profit in FY2021 A true bright spot in FY2021 was the record number of people that sought refuge from the pandemic by playing a round of golf at DeLaveaga Golf Course. By the end of the fiscal year, over 62,000 rounds of golf had been played, beating the five year average by nearly 50 percent. Golf Course operators, GSL Inc., worked hard in collaboration with department staff and the County Public Health Officer to develop protocols for safe play during the pandemic. Measures included greater time intervals between parties, restrictions on golf cart use to members of the same household, and changes to the course that eliminated shared contact of items such as sand trap rakes and putting green cups.

Parks and Recreation golf course
staff focused on maintaining
quality conditions on the course
during this time of increased use,
even with personnel furloughs,
water budget reductions, and increased responsibilities resulting from the Parks reorganization. Several factors led to the increase in play, including clear weather, lack of alternative recreation, good course conditions, the closure of the Boulder Creek Golf Club due to the CZU Fire, the opening of the Grille at DeLa (as permitted under state restrictions) and enhanced marketing by the operators.

At the conclusion of FY2021, the golf course had met its operations plan objective of a balanced budget several years ahead of schedule with over $2.1 million in revenues and a profit margin of nearly $50,000.

New Grant Funds Secured to Reduce Fire Risk in Open Spaces and Support Senior Facilities With support from the Fire Department, the Parks Open Space and Greenways team secured from the California Fire Safe Council a new tool trailer and $10,000 in new tools and resources to support fuel reduction and vegetation management across the city’s open spaces.

The Recreation Division also worked closely with their staff at the Downtown Senior Center, as well as partners from the Senior Center Opportunities group, to secure a total of $160,000 in Community Development Block Grant (CDBG) funding to improve ADA accessibility at the 222 Market St. Senior Center and to create a “senior studio” at the downtown location for expanded senior community activities.

GOAL: Effective Department Operations and Communications Through the first two quarters of FY2021, the Recreation Division worked with the PROS Consulting Group to complete a full programmatic assessment and services costing. The work clarified Recreation Division offerings into eight major core program areas: Aquatics, Arts and Culture, Health and Wellness, Seniors, Special Events, Sports, and Youth & Teen.

The study established core program goals, evaluated program cost recovery and lifecycle planning, as well as provided best practices for volunteerism, partnerships and community outreach. This work, referred to as the Recreation and Leisure Study (RLS), concluded with eight major recommendations along with additional secondary recommendations.

Under the leadership of the Recreation Superintendent, the Division is working to implement RLS recommendations, including development of business plans for each core program area.

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ADDITIONAL FY2021 ACCOMPLISHMENTS:

Safe Parks and Facilities
for All
 Completed the transition of all staff to smart phones, improving coverage and signal reception in critical areas of the parks system to help promote staff safety  Updated on a routine basis operational and public guidance to keep activities and spaces safe and in compliance with regular changes to both county and state public health guidance.

Core Amenities and
Services Provided
 Provided recommendations to youth sports organizations and group meeting permit requestors on program adaptation based on state issued guidance and safety protocols.  Created virtual programming platform for youth, adults and senior activities.  Offered Virtual Junior Guard program to maintain continuity and fitness option for ongoing Junior Guard participants.  Assumed daily maintenance responsibility for first section of Rail Trail to open on the Westside.

Community, Environment
and Fiscal Sustainability
through Forward-Looking
and Resilient Planning
 Initiated work to secure a Wharf maintenance permit.
 Delivered re-envisioned special events to encourage safe community building during the pandemic. Events included: the Re-Envisioned Clam Chowder Cook-Off, 13 Days of Halloween at the Wharf and the Halloween Horrors Film Competition.  Facilitated discussions to remove the final Mission Bell in the City of Santa Cruz Cost Recovery through
Partnerships and New
Revenues
 Volunteers provided much needed support: the Grant Park Neighbors group gave garbage cans, bike racks, and light poles a fresh coat of paint and completed weeding and raking at the park; City Hall volunteers helped with numerous projects at the City’s front door; and the Pilkington Creek/Tyrrell Park volunteers removed invasive plants and spread wood chips this season.
 Initiated work supported by a $100,000 CalRecycle grant aimed at removing trash from sensitive habitats in Sycamore Grove and Moore Creek Open Space areas  Secured City Council Resolution to pursue a $177,952 grant from the State of California Per Capita grant program.
 Researched and applied for nearly $300,000 in ARPA support from the Shuttered Venue Operator’s grant, administered by the Small Business Association  Clarified and standardized how beach areas are reserved for events, resulting in improved fee structure
 Updated costing analysis for Harvey West Pool and entered into rental contracts with two community groups for use of the pool that provided access to safe, healthy activity during the pandemic and provided improved cost recovery to the department  Finalized internal department revenue policy
Effective Department
Operations and
Communications
 Implemented the cost neutral Parks reorganization while sustaining record vacancy levels due to the city-wide hiring freeze.
 Updated municipal code related to Special Events to reflect its transition from the City Manager’s Office to Parks and Recreation
 Advanced efforts to update the department’s mission, vision and values in response to staff, Parks & Recreation Commission and community comments.  Completed the FY20 Annual Report and began work on a Strategic Framework and Communications Plan.
 Created an online activity guide to maintain accurate information for the public and adapt to changes in state and local COVID guidance.

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FY2022 GOALS & OBJECTIVES
Deliver high quality parks
 Execute existing and new FY2022 CIP and grant-funded projects  Complete perimeter fence upgrade at Wharf
 Restore parks staffing levels to address vacancies creating by FY21 hiring freeze Provide Essential Services,
Facilities & Programs
 Align programming to support the Children’s Bill of Rights initiative, as well as the Children’s Fund
 Revitalize the Urban Forestry webpage to provide more information for the community  Develop and implement business plans for core recreation program areas  Complete pool feasibility study
 Secure Wharf Maintenance permits
Steward Our Natural
Resources
 Complete CalRecycle grant-funded cleanup of Sycamore Grove and Moore Creek along with mitigations to reduce future impacts
 Continue experimental outplanting of Santa Cruz tarplants at Arana Gulch  Update Approved Street Tree List in accordance with Street Tree Master Plan to help future plantings improve the diversity, environmental benefits, and climate resilience of the urban forest
Responsibly Manage
Valued Resources – Both
People & Budget
 Update department fee schedule
 Implement new cost recovery targets
 Develop strategic report sets to support department workload and performance measure tracking
 Complete department sponsorship policy
 Initiate strategic CIP review
 Continue to implement DeLaveaga Golf Course Operations Plan to close revenue gap  Explore pay-to-play operations at the DeLaveaga Disc Golf Course  Update safety training program for front-line Parks employees  Make ADA improvements to Market Street Senior Center using CDBG funding.  Continue Civic roof replacement and solar installation project.  Rollout updated best practice protocols and templates for partnership agreements Improve Internal/External
Communications
 Upgrade the department’s e-commerce software, Web Trac  Build out P&R Intranet webpage
 Revamp the website homepage
 Respond to the Grand Jury Website Findings
 Deliver the FY21 Annual Report
 Complete the FY23-25 Strategic Plan/Operating Framework

28.19 Parks and Recreation

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SPOTLIGHT: HOMELESSNESS AND PARKS
Public parks are designed to provide aesthetically pleasing green spaces where communities can gather for recreation, rest and leisure. Whether by design or by circumstance, public parks and open spaces are frequently a refuge for those experiencing homelessness. While the department provides many essential services to those living under these challenging circumstances, the impacts of encampments on public park spaces can be severe. As a result, the department finds itself on the front lines when it comes to matters of homelessness in the City of Santa Cruz.

For example, the Open Space and Greenways team was tasked with several major encampment cleanups this fiscal year. In one instance, the west side of Highway 9 across from Sycamore Grove had essentially been transformed into a small village.

Structures of scrap lumber and metal had been built into sloped hillsides, nailed into trees, and dug into the ground. Further, stairs and drainage lines had been carved into the soil. This sensitive habitat had been inundated with litter, fecal matter and hazardous materials. Highly flammable materials, including 62 propane tanks, 21 fire pits, 32 BBQs, 9 gas generators and other items greatly increased the potential for fire. In the end, the month long clean-up took three city departments, as well as outside contractors, and cost an estimated $133,500. In addition to the hazardous materials outlined above, 138 tons of garbage, 161 car batteries and thousands of syringes were ultimately removed from the site.

With site clean-up completed, the restoration of the area was initiated out of serious concern that the degraded site would make it particularly susceptible to erosion and debris flow following the CZU fire. The entire Parks & Recreation Open Space & Greenways team set to work placing and staking 900 feet of straw wattles to protect the hillside from erosion and to ensure Highway 9 would not be inundated by silt and soil come heavier rains. An outside contractor was hired to hydro-seed the entire site, which helped to fortify the hillside and encourage the growth of native plant species, to restore the massive encampment site to its original condition. In the end, the cost and staff time required to address the public and environmental safety issues resulting from this large open space encampment was significant. Staff cannot help but ask, “what might have been achieved had time and resources been set to advancing open space habitat management rather than reversing detrimental impacts?”
As another example, the department worked to balance the concerns and needs of both traditionally housed park users and those facing homelessness near San Lorenzo Park. After a court injunction mandated campers in the park not be moved due to concerns with COVID-19 spread, the department estimates it had around 118 tents and 137 occupants living in San Lorenzo community park through March 2021. By April, court orders allowed the City to relocate campers to 122 temporary campsites in the Benchlands area of San Lorenzo Park, where campers remained through the end of June.

The solutions to homelessness are not held by one department or government agency or organization. Resolving the complex issues associated with homelessness in parks requires time, understanding and collaboration. A focus on resolving the causes, as opposed to the symptoms, of homelessness may substantially reduce the prevalence of unsheltered homeless in parks. But, it will take a coordinated strategy across the vast resources of both the public and private sector. The Park and Recreation Department, in the role of serving all members of the community, will be an integral part of the solution.

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CAPITAL IMPROVEMENT PROGRAM
The pandemic demonstrated what many in the Santa Cruz community already embrace: parks and recreation is essential infrastructure. The department maintains amenities that promote better physical and mental health, serve as meeting places that brings family, friends and fellow neighbors together, and contribute as an integral part of community environmental and disaster response. Park and recreation infrastructure is diverse and includes recreation centers, community centers, pools, sports fields and courts, bridges, skate bowls, urban forests, outdoor lighting, electrical and water utilities, and many other assets.

DEEP DIVE: Department-Specific Capital Improvement Revenues Quimby Fees. These fees were established pursuant to the Quimby Act which authorized the City Council to require developers of new subdivisions to dedicate land for park development or pay fees in‐ lieu of park dedication which are restricted to park or recreational purposes. In lieu fees are assessed at three dollars per square foot.

Fees accrue to four different funds that align with city quadrants – Northwest, Southwest, Northeast and Southeast. Funds must be used on projects that will benefit the same quadrant of the City in which the fee was collected. Further, funds are to be used within five years of being collected.

Park & Recreation Facilities Tax. This is a special tax collected on the construction of new or remodeled residential dwellings. The fee is also three dollars per square foot and is assessed on new square footage only. For example, if the remodel of a dwelling is not increasing the existing square footage, then no fee would be assessed. Further, Accessory Dwelling Units (ADUs) are exempt from fees for square footage up to 750 square feet. In the case of an 800 sq. ft. ADU, fees would only be assessed on 50 sq. ft, resulting in a total tax of $150.

Associated Challenges. The department is thankful to have dedicated sources to support its capital improvement, but as with anything, there are challenges. In the case of Quimby funds, there are restrictions in how and where funds are spent. Further, in some cases timing requirements mean that the department cannot allow funds to accrue for larger projects. Instead, they must be spent down, making it hard to address larger issues and opportunities. In the case of both sources of revenue, the cycle and unpredictability of new developments makes it difficult to depend on revenues and plan long-term. In the past ten years, Park Tax and Quimby fees have delivered $5.6 million, which is not insignificant. However, this level of funding will never be enough to address the expanding gap of deferred maintenance within the Santa Cruz park and recreation system.

To fulfill our mission and vision, the department cannot focus solely on maintaining existing infrastructure. Parks and recreation must grow and evolve with our Santa Cruz community. To do so, the department must evaluate the current state of its system amenities and prepare objective evaluations and options for consideration by the community, City Council and city leadership.

Ultimately, trade-offs may have to be made to restore this magnificent parks and recreation system to its full potential.

Active CIP Project Name Active CIP Project Description Allocation FY21 Status CIP Allocations Made in FY2021 Budget
Grant St Park Plumbing Upgrade Install grinder tank and new lateral in city sewer $35,000 In Process Laurel Park Court Resurfacing Resurface Laurel Park Basketball court. $12,000 In Process Trail Across 135 DuBois St. Construct a trail across the easement at 135 DuBois St. $80,000 In Process Beach St. Restrooms Renovate the Beach Street Restrooms. $325,000 In Process CIP Allocations Made In Prior Budget Years
Central Park Playground Upgrade Install drainage, create sub base, install Pour N' Play surfacing, and new play equipment structures.
$84,406 In Process
Lighthouse Ave Playground Upgrade Renovate the playground at Lighthouse Avenue Park. $30,000 Complete San Lorenzo Park Redesign San Lorenzo Park redesign master planning process. $100,000 Pre-Planning Sgt Derby Pickleball Courts Construct pickleball courts at Sgt. Derby Park. $55,000 Pre-Planning Trails Study Conduct an Open Space Trails Study. $40,000 Pre-Planning

28.21 FAST FACTS

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Operating Budget (FY2021)
Division Adopted
Expenditure Budget
Adopted
Revenue Budget
Actual
Expenditures
Actual
Revenues FTE
Parks $10,542,519 $2,349,858 $9,587,268 $3,406,200 58.00 Recreation $3,171,226 $1,549,068 $2,394,891 $849,889 16.75 Administration $1,673,789 $280,675 $1,537,666 $105,555 9.00 Total $15,387,534 $4,179,601 $13,519,824 $4,361,644 83.75 Public Assets
Community Facilities 8
Auditoriums 2
Community Centers 2
Museums 2
Senior Centers 2
Parks 49
Neighborhood Parks 32
Community/Regional Parks 6
Disc Golf Course 2
Ballfields (baseball, soccer, softball) 12
Basketball Courts 5.5
Beaches 4
Bike Park /Pump Tracks 5
Bocce Ball Courts 5
Community Gardens 5
Community Garden Plots 115
Dog Parks 8
Exercise Courses 6
Golf Courses 1
Horseshoe Pits 4
Lawn Bowling Greens 1
Open Spaces 7
Park Playgrounds 21
Pickleball Courts 10
Public Boat Landings 1
Reservable Picnic Areas 16
Reservable Sports Fields 11
Skate Parks 3
Swimming Pools 1
Table Tennis 3
Tennis Courts 6
Volleyball Courts (sand) 21
Wharf 1
Staffing
Employee Type Total
Full-Time Regular Staff FTE 77.00
Part-Time Regular Staff FTE 6.75
Temporary Staff - Hours 4,645
Department Footprint
Total Acres of Parkland 1,729
Neighborhood Parkland 49
Community/Regional Parkland 332
Open Spaces 1,315
Beaches 33
Total Sq. Ft. of Facilities Maintained 169,000
Trail Network
Total Mileage of Urban Trails 23.2
Paved 13.9
Non-Paved 9.3
Estimated Mileage of Hiking Trails 13.9
Community Health
FY2020 Core Program Participation
Adult Sports Leagues 2,703
Classes 2,076
Senior Classes 10,455
Community Events 78,662
Youth & Teens (Summer Camps, Junior
Guards, Children’s Theater, Interns)
1,923
Adopt-A-Park Agreements 9
Fast facts are intended to provide public data updated once per year. Data is accurate as of July 1, 2021 and reflective of the adopted budget.

City Workload Indicators
Indicator FY19 FY20 FY21 FY22 Goal
Participants in programs, classes & events 137,268 95,819* 30,000* 102,951 Facility, field, court & picnic areas reservations 6,900 6,149* 5,224* 6,210 Tons of general refuse/green waste removed 201/126* 283/111 319/109 304/115 Annual labor hours (recreation facilities)/ 1,000 sq ft N/A N/A 99.54 99.54 Annual labor hours (parks and open space)/per acre N/A N/A 60.15 69.77 Indicator FY19 FY20 FY21 FY22 Goal
Percent tree canopy cover N/A N/A 38.9 38.9
Percent of residents within a 10 minute walk to a park 96 96 85* 96 Operating expenditures per acre of parkland $9,198 $8,317 $7,825 $9,493 Percent costs recovered from non-tax revenues 34 27 33 25 * Number impacted by COVID Shelter-In-Place Orders and subsequent COVID restrictions; italics indicate estimated number.

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Parks & Open Spaces Beaches
1 Moore Creek Open Space Preserve
2 University Terrace Park
3 Westlake Park
4 Trescony Park
5 Sgt. Derby Park
6 Garfield Park
7 Bethany Curve Park
8 Neary Lagoon Wildlife Refuge
9 Depot Park/Bicycle Trip Bike Park and Scott
Kennedy Fields
10 Beach Flats Park
11 Poet’s Park
12 Branciforte Dog Park
13 Mission Plaza
14 Harvey West Park
15 Pogonip Open Space
16 Grant Park
17 San Lorenzo Park
18 Central Park
19 Ken Wormhoudt Skate Park at Mike Fox Park
20 Jessie Street Marsh Open Space
21 Ocean View Par
22 Tyrrell Park
23 Arana Gulch Open Space
24 Frederick Street Park
25 Star of the Sea Park
26 Laurel Park
27 DeLaveaga Park
28 DeLaveaga Golf Course
29 DeLaveaga Disk Golf
30 John Franks Park
31 Lighthouse Avenue Park
32 Pump Track
33 Pacheco Dog Park
34 Mimi de Marta Dog Park
35 Riverside Gardens Park
36 Santa Cruz River Walk (San Lorenzo River
Corridor)
• Main Beach
○ Cowell Beach
◙ Its Beach
◘ Mitchell’s Cove (Beach)
Facilities
A Surfing Museum
B Santa Cruz Wharf
C Beach Flats Community Center
D London Nelson Community Center, Santa
Cruz Teen Center and Downtown Seniors
E Civic Auditorium
F City Hall
G Harvey West Clubhouse, Scout House and
Pool
H Museum of Natural History
I Kaiser Permanete Arena
J Tannery Arts Center
K Town Clock

28.23 Parks and Recreation

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28.24 City Council

AGENDA REPORT
DATE: 03/10/2022
AGENDA OF: 03/22/2022
DEPARTMENT: City Manager/City Attorney
SUBJECT: Expiration of Statewide Evictions Moratorium – Additional Legal Aid and Support for Tenants Affected by COVID-19 (CM/CA)
RECOMMENDATION: Receive a status update on the March 31, 2022 expiration of COVID19 eviction protections and multi-jurisdictional efforts to provide additional COVID-19 related tenant assistance and direct staff to continue to work with regional partners regarding rental and legal assistance programs and services.

BACKGROUND: At the regular meeting of March 8, 2022, the City Council requested a report concerning the status of statewide eviction protections and potential local actions to assist tenants continuing to experience financial distress due to the impacts of COVID-19.

DISCUSSION: In June of 2021, in an effort to address what was expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business closures, California Gov. Gavin Newsom signed Assembly Bill 832 enacting the COVID-19 Rental Housing Recovery Act. AB 832 extended eviction protections for residential tenants experiencing a financial hardship relating to COVID-19. Specifically, AB 832 extended existing law prohibiting residential tenants from being evicted for failure to pay rent due to a COVID-19-related hardship between March 1, 2020 and Sept. 30, 2021. Under the law, residential tenants were still required to provide a Declaration of COVID-19-Related Financial Distress and pay at least 25 percent of past due rent by Sept. 30 to avoid eviction.

AB 832 also allowed owners to begin serving tenants with three-day notices to pay rent or quit for payments due on or after October 1, 2021. Any notice demanding recovery of rent that came due between Oct. 1, 2021 and March 31, 2022 must include specific language informing the tenant regarding the availability of rental assistance, including a telephone number and a website where the tenant can start the application. There is also a specific warning that must be included in BOLD text and at least 12-point font that must be included in the updated demands. Before filing an action for unlawful detainer, a residential landlord must wait 20 days and verify they have applied for rental relief funding. Because the statute specifies that rental relief covers 100 percent of back rent owed by qualifying tenants, it prohibits landlords from commencing unlawful detainer actions for tenants that have applied for rental relief through March 31, 2022.

In early March, 2022, local nonprofits and tenant advocates sent letters to the County Board of Supervisors, all cities in Santa Cruz County, the County Administrative Officer and the City Managers of Santa Cruz, Watsonville, Scotts Valley and Capitola, expressing concerns about the

29.1 March 31, 2022 expiration of State rental protections, and pointing out that, as of March 1, 2022, of the 3,397 submitted applications from Santa Cruz County residents, only 1,350 households have received payment. As an example, a letter dated March 3, 2022 from Community Bridges notes:
“California’s Department of Housing and Community Development (HCD) and Housing is Key officials state that their goal is to execute payment for all active cases, and is closing the application portal for new applications on March 31, 2022 to solely focus on processing existing cases. HCD is continually pursuing additional funds from the US Treasury to realize this goal, but the disbursement timing and amount is uncertain. In addition, our county’s capacity to provide legal advice and assistance to defend tenants’ rights facing eviction is woefully inadequate, specifically for undocumented residents and those needing court representation.” Based on these concerns, the County and all its Cities have been asked to undertake several measures, including:
“1. Authorize a local moratorium on evictions for anyone awaiting Housing is Key payments until the end of 2022, or until their current application has been paid out - whichever comes first.

2. Identify sources of funds to keep these tenants housed and make landlords whole, including ARPA, the $14 Million secured by Senator Laird for homelessness and/or other sources and build this into your FY2022-23 budgets as a contingency for Housing is Key.

3. Inject funding to shore up existing local legal assistance agencies and collaborations that provide free tenant counseling and legal representation, with special attention for the over represented undocumented tenants.

4. Require all eviction proceedings to first pursue mediation to work out agreements between landlords and tenants with the goal of avoiding evictions. Ideally this would cover all eviction cases, but should at the very least cover cases of tenants with active ERAP applications and cases for non-payment of rent.”
From a legal standpoint, Items 1 and 4 are problematic, inasmuch as AB 832 states that any COVID-related eviction moratorium ordinance adopted between August 19, 2020 and March 31, 2022 “shall have no effect before April 1, 2022,”1 and further specifies that “a provision enacted or amended after August 19, 2020, shall not apply to rental payments that came due between March 1, 2020, and March 31, 2022.”2
The City Manager’s Office has been in regular communication with the County Human Services Department’s Housing for Health Division about coordinating efforts to address Items 2 and 3, above. Currently, there are multiple resources available to tenants in the City of Santa Cruz including assistance understanding local, State and Federal housing laws, financial assistance and information resources. Tenants interested in State laws pertaining to landlords and tenants may find the State of California Landlord/Tenants Handbook (https://landlordtenant.dre.ca.gov/resources/guidebook/index.html) helpful in understanding fundamental aspects of rental housing laws in California. When facing issues or questions related to rental tenancy, tenants may find Tenant Sanctuary (https://tenantsanctuary.org/) and California 1 Cal. Civil Code § 1179.05(a)(1).
2 Cal. Civil Code § 1179.05(b).

29.2 Rural Legal Assistance (CRLA) (https://crla.org/) helpful resources. Lastly, tenants who need assistance with Security Deposits can contact the Housing Authority of Santa Cruz County. • The Tenant Sanctuary works to empower tenants by educating them on their rights and providing the tools to pursue those rights. For more information contact Tenant Sanctuary directly: https://tenantsanctuary.org/; (831) 200-0740, [email protected] • California Rural Legal Assistance, Inc. (CRLA) is a nonprofit law firm founded in 1966 to provide free civil legal services to low-income residents of California's rural counties. For information on legal assistance please contact them directly: https://crla.org/; 831-724-2253 from 8:30 am -12 pm and 1-5pm.
• The State of California Landlord/Tenants Handbook is designed to educate landlords and tenants on the fundamental aspects of rental housing laws in California. This booklet is not a legal authority, and individuals should contact legal counsel to ensure conformance to the law:
https://landlordtenant.dre.ca.gov/resources/guidebook/index.html • Community Action Board (CAB) Emergency Housing Assistance Program:
https://cabinc.org/2020/07/14/city-of-santa-cruz-emergency-eviction-prevention-program/; waitlist is currently closed, for questions on previously submitted application please call CAB 831.457.1741
• The Security Deposit Program (https://hacosantacruz.org/security-deposit-program/) is administered by the Housing Authority of Santa Cruz County (https://hacosantacruz.org/). Low income tenants are eligible for assistance with required rental deposits. The security deposit program assists tenants with the deposit required at initial occupancy. For assistance with this program please contact the Housing Authority of Santa Cruz County.

Specifically, the City of Santa Cruz provides funding directly to the following organizations for the programs outlined below.

Housing Authority - The Housing Authority administers several Security Deposit Programs for jurisdictions in Santa Cruz County. These Security Deposit Programs offer eligible individuals and families assistance with a portion of their security deposit. The Security Deposit Program has been allocated over $200,000 from the City of Santa Cruz in relocation funds during the 2021 program year which is slated to last through June 30, 2023.

Community Action Board (CAB) – The Housing Division of the Economic Development Department partnered with CAB to administer the Emergency Eviction Prevention Program which is funded with $230,000 in HOME and CDBG-CV funds. These funds are used to assist with payment of past due rent, incurred after April 1, 2020. The waitlist for this program is currently closed. CAB is additionally funded with $11,000 of Red Cross funds for eviction services in the Beach Flats area.

California Rural Legal Assistance (CRLA) - The City maintains a formal contract with CRLA to help low income residents with fair housing complaints. As the primary fair housing assistance provider in the Santa Cruz area, CRLA provides a variety of consultation services through its hotline service and consultations. During the 2020 and 2021 program year CRLA received $45,000 in CDBG funding and receives additional funding through CORE.

Tenant Sanctuary- The City has provided Tenant Sanctuary $30,000 in each of the last two fiscal years (including FY 2022) to provide tenants’ rights education services.

29.3 Additionally, the County is considering approximately $500,000 to support extension of current emergency rental assistance and eviction protection including mediation and legal representation.

City staff have agreed to work with our County partners to expand and continue regional rental and legal assistance programs, and expect to return with a budget appropriation request at a future meeting to contribute to this regional partnership.

FISCAL IMPACT: Staff is continuing to coordinate efforts with the County to secure additional funding to provide rent assistance to tenants, help landlords avoid foreclosure, and provide additional resources for tenant counseling and legal representation. Periodic reports to the Council regarding those efforts will be forthcoming.

Prepared/Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. COMMUNITY BRIDGES CORRESPONDENCE DATED MARCH 3, 2022.PDF

2. TEMPLE BETH EL CORRESPONDENCE DATED MARCH 4, 2022.DOC

29.4 3/3/2022
Att. County Board of Supervisors
Cc. Carlos Palacios, CAO
Cc. Randy Morris, Director Human Services Department
Cc. Robert Ratner, Director, Housing for Health
Cc. City Mayors and City Councils of Watsonville, Capitola, Santa Cruz and Scotts Valley For the last 11 months, our organizations have been on the front line of preventing homelessness by assisting tenants and landlords with their Housing is Key Emergency Rent Assistance Program applications to secure Covid-19 related rent relief funding. The families we work with have all lost income or incurred additional expenses while abiding by the State stay at home executive orders to prevent the spread of Covid-19. Now, through no fault of their own, many tenants are on the verge of losing their homes, and some landlords are on the verge of mortgage defaults.

As of March 1, out of the 3,397 submitted applications from Santa Cruz County residents, only 1,350 households have received payment. After the State rental protections expire on March 31, 2022, we are expecting to see a wave of eviction proceedings move forward that have so far received continuances due to the current eviction protections of the Housing is Key program as they sunset for applicants on March 31. Once those protections end, landlords can legally evict tenants for nonpayment of past due rent, even if they have an active Housing is Key application in the system.

Important to note is that anyone earning below 80% of the Area Median Income (AMI) is eligible for the program but, since October 2021, only applicants that earn below 30% of the AMI are being prioritized. In reality that means that many of the families that we work with that earn slightly above 30% of the AMI and that are actively employed have been waiting for their cases to be processed since October last year. Many have continued to be significantly behind on rent and are subject to facing eviction come April 1.

California’s Department of Housing and Community Development (HCD) and Housing is Key officials state that their goal is to execute payment for all active cases, and is closing the application portal for new applications on March 31, 2022 to solely focus on processing existing cases. HCD is continually pursuing additional funds from the US Treasury to realize this goal, but the disbursement timing and amount is uncertain. In addition, our county’s capacity to provide legal advice and assistance to defend tenants’ rights facing eviction is woefully inadequate, specifically for undocumented residents and those needing court representation.

29.5 We ask you to take action before March 31 to protect tenants awaiting Housing is Key payments. We have four requests:

1. Authorize a local moratorium on evictions for anyone awaiting Housing is Key payments until the end of 2022, or until their current application has been paid out - whichever comes first.

Local solutions exist and capacity is being built to meet these needs but the resources are needed to ensure their success. In the spirit of collaboration, I urge you to stave off the eviction-cliff we are facing as a community on April 1 by taking swift action to grant extended protections by 3/31/2022 to all residents with active ERAP applications.

Respectfully,

29.6 Paula Marcus Senior Rabbi L. Shifra Weiss-Penzias Associate Rabbi Richard Litvak Rabbi Emeritus Josh Karter President David Ginsborg Executive Director Caitlin Clancy Simcha Preschool Director 3055 Porter Gulch Road, Aptos, CA 95003 831-479-3444 fax 831-475-7246 [email protected] www.tbeaptos.org Temple Beth El
Jewish Community Center
March 4, 2022
Dear County Supervisors, Mayors, City Council members, and agency administrators:

Temple Beth El is a founding member of COPA and this is an important ask on behalf of thousands of needy families in our community.

For the last 11 months, we have been working with other non profits and faith institutions on the front line of preventing homelessness by assisting tenants and landlords with their Housing is Key Emergency Rent Assistance Program applications to secure Covid-19 related rent relief funding. The families we work with have all lost income or incurred additional expenses while abiding by the State stay at home executive orders to prevent the spread of Covid-19. Now, through no fault of their own, many tenants are on the verge of losing their homes, and some landlords are on the verge of mortgage defaults.

As of March 1, out of the 3,397 submitted applications from Santa Cruz County residents, only 1,350 households have received payment. After the State rental protections expire on March 31, 2022, we are expecting to see a wave of eviction proceedings move forward. Once those protections end, landlords can legally evict tenants for non-payment of past due rent, even if they have an active Housing is Key application in the system.

While anyone earning below 80% of the Area Median Income (AMI) is eligible for the program but, since October 2021, only applicants that earn below 30% of the AMI are being prioritized. This makes some sense in prioritizing those most in need but also leaves out thousands in the 30-80% category; many have continued to be significantly behind on rent and are subject to facing eviction come April 1.

California’s Department of Housing and Community Development (HCD) and Housing is Key officials say their goal is to execute payment for all active cases. HCD is closing the application portal on March 31, 2022 to solely focus on processing existing cases.

HCD is continually pursuing additional funds from the US Treasury to realize this goal, but the disbursement timing and amount is uncertain. In addition, our county’s capacity to provide legal advice and assistance to defend tenants’ rights facing eviction is woefully inadequate, specifically for undocumented residents and those needing court representation.

29.7 Paula Marcus Senior Rabbi L. Shifra Weiss-Penzias Associate Rabbi Richard Litvak Rabbi Emeritus Josh Karter President David Ginsborg Executive Director Caitlin Clancy Simcha Preschool Director 3055 Porter Gulch Road, Aptos, CA 95003 831-479-3444 fax 831-475-7246 [email protected] www.tbeaptos.org We ask you to take action before March 31 to protect tenants awaiting Housing is Key payments. We have four requests:

1. Authorize a local moratorium on evictions for anyone awaiting Housing is Key payments until the end of 2022, or until their current application has been paid out - whichever comes first.

3. Inject funding to shore up existing local legal assistance and collaborations that provide free tenant counseling and legal representation, with special attention for undocumented tenants.

Paula Marcus
Senior Rabbi
Temple Beth El

29.8 Paula Marcus Senior Rabbi L. Shifra Weiss-Penzias Associate Rabbi Richard Litvak Rabbi Emeritus Josh Karter President David Ginsborg Executive Director Caitlin Clancy Simcha Preschool Director 3055 Porter Gulch Road, Aptos, CA 95003 831-479-3444 fax 831-475-7246 [email protected] www.tbeaptos.org

29.9 29.10

29.11 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Friday, March 18, 2022 4:13 PM
To: City Council
Subject: 3.22.22 Agenda Item # 29 , extending eviction moratorium

3.22.22 Agenda Item # 29 , extending eviction moratorium Dear Council,
First off, where do you get off thinking your wisdom exceeds the states deciding when the eviction moratorium ends? The stay at home orders ended last June '21. That was a LONG time ago. The freedom to move about and get ones affairs in order had a long time to play out as of now.

I don't see this idea of a city moratorium being anything other than trashing landlord rights with a very arbitrary extension.

If the state didn't send out payments, it didn't send out payments and that is hardly any landlords fault, but YOU would have them pay a price for government ineptitude with more ill-considered ineptitude.

Here's the story in a nutshell. The leftist in this town believe in state worship authoritarianism, a big government welfare state, handouts and victimhood, and either socialism and/or communism. They are awful, end of story.

The rest of us believe in liberty, limited government and independence, self-reliance and personal responsibility, capitalism and the free market.

GEE, I WONDER which of those the council sides with??? One guess.

It's time to admit the government REALLY messed the Covid response up, and not make landlords pay for your mistakes.

That's ALL I have to say that's fit to print.

Garrett Philipp - Westside

29.12 1
Rosemary Balsley
From: Mary Jane Cope <[email protected]>
Sent: Sunday, March 20, 2022 8:14 AM
To: City Council
Subject: Eviction Protections Needed
Dear City Council members:

Your compassionate action is needed today to help approximately 2,000 families in Santa Cruz County who face eviction when state protections end March 31. Each of these families applied months ago for Housing is Key funding that would provide landlords the rent they deserve from funds allocated to protect hard-working families and seniors from eviction directly caused by the pandemic. The slow and inefficient response of the state program is leaving thousands at risk here in our county.

I ask on behalf of these families-and their landlords - that you do whatever you can to work with the county to enact a short-term moratorium for those families who have taken appropriate steps for eviction protection. We believe the county has that authority (Sonoma County and Los Angeles County, for instance, have enacted such measures, extending protection through June and May respectively). We understand the County’s legal counsel recommends against such a measure. If the County chooses not to extend the moratorium through June, then I urge you to assist and persuade them to do the following:

1. Change the Eviction notice from 3 days to 15 days to allow more time for tenants to learn their options and reduce mental stress.

2. Require the landlord to offer mediation in the written notice to tenants. This would give both landlord and tenant an opportunity to explore manageable options for resolving the delinquent rent so the tenant might stay housed.

3. County-sponsored communications to all landlords, and especially those awaiting Housing is Key funding, about this new change.

4. Provide more funds for legal assistance and tenant education to the existing local nonprofit partners, including at least $150K to the Conflict Resolution Center to hire an additional FTE to conduct mediations.

Stopping a mass eviction that will result in personal hardship for thousands, as well as increased burden on social services and governments, is in the best interest of everyone. We do not need to add further to the already current crisis in homelessness in our County! This proposal is not asking forgiveness of debt, but time to allow available resources to be delivered.

Respectfully,
Mary Jane Cope
317 Nobel Drive
Santa Cruz CA 95060

29.13 1
Rosemary Balsley
From: Mary Sue Babb <[email protected]>
Sent: Saturday, March 19, 2022 7:15 PM
To: City Council
Subject: Eviction Protections Needed
Dear City Council Members,
Your action and compassion are needed today to help approximately 2,000 households — families — in Santa Cruz County who face eviction when state protections end March 31. Each of these families applied months ago for Housing is Key funding that would provide landlords the rent they deserve from funds allocated to protect hard‐working families and seniors from eviction directly caused by the pandemic. The slow and inefficient response of the state program is leaving thousands at risk here in our county.

COPA asks on behalf of these families that the county enact a short‐term moratorium for those families who have taken appropriate steps for eviction protection. We believe the county has that authority, as Sonoma County and Los Angeles County for instance have enacted such measures extending protection through June and May respectively. We understand the County’s legal counsel recommends against such a measure. If you choose not to extend the moratorium through June, then COPA asks that you:

1. Change the Eviction notice from 3 days to 15 days to allow more time for tenants to learn their option and reduce mental stress.

3. County‐sponsored communications to all landlords, and especially those awaiting Housing is Key funding about this new change.

Stopping a mass eviction that will result in personal hardship for thousands, as well as increased burden on social services and governments, is in the best interest of everyone. This proposal is not asking forgiveness of debt, but time to allow available resources to be delivered.

Respectfully,
Mary Sue Babb
290 Westdale Drive

29.14 2
Santa Cruz, CA 95060
Sent from my iPad

29.15 1
Rosemary Balsley
From: Ziggy RendlerBregman <[email protected]>
Sent: Saturday, March 19, 2022 7:49 PM
To: City Council
Subject: Eviction Protections Needed

Dear Members of the Santa Cruz City Council

Will you join with your colleagues on the County Board of Supervisors to protect local residents from eviction? Your action and compassion are needed today to help approximately 2,000 households — families — in Santa Cruz County who face eviction when state protections end March 31. Each of these families applied months ago for Housing is Key funding that would provide landlords the rent they deserve from funds allocated to protect hard‐working families and seniors from eviction directly caused by the pandemic. The slow and inefficient response of the state program is leaving thousands at risk here in our county.

1. Change the Eviction notice from 3 days to 15 days to allow more time for tenants to learn their option and reduce mental stress.

3. County‐sponsored communications to all landlords, and especially those awaiting Housing is Key funding about this new change.

Stopping a mass eviction that will result in personal hardship for thousands, as well as increased burden on social services and governments, is in the best interest of everyone. This proposal is not asking forgiveness of debt, but time to allow available resources to be delivered.

Respectfully,
Ziggy Rendler‐Bregman
Resident, Santa Cruz (fifty years)

29.16 1
Rosemary Balsley
From: Dana Bagshaw <[email protected]>
Sent: Monday, March 21, 2022 10:45 AM
To: City Council
Subject: Protections against Eviction
Dear City Council Members,
Your action and compassion are needed today to help approximately 2,000 households — families — in Santa Cruz County who face eviction when state protections end March 31. Each of these families applied months ago for Housing is Key funding that would provide landlords the rent they deserve from funds allocated to protect hard‐working families and seniors from eviction directly caused by the pandemic. The slow and inefficient response of the state program is leaving thousands at risk here in our county.

COPA asks on behalf of these families that the city enact a short‐term moratorium for those families who have taken appropriate steps for eviction protection. We feel we need clarification on the legal counsel recommendation against such a measure. If a moratorium through June is not possible, then COPA asks that you:

1. Change the Eviction notice from 3 days to 15 days to allow more time for tenants to learn their option and reduce mental stress.

3. Provide more funds for legal assistance and tenant education to the existing local nonprofit partners, including at least $150K to the Conflict Resolution Center to hire an additional FTE to conduct mediations.

Stopping a mass eviction that will result in personal hardship for thousands is in the best interest of everyone. Landlords need their rents, tenants need a place to live. This proposal is not asking forgiveness of debt, but time to allow available resources to be delivered.

Respectfully requesting your help,
Dana Bagshaw, COPA Leader, Calvary Episcopal Church
Downtown resident

29.17 City Council

AGENDA REPORT
DATE: March 10, 2022
AGENDA OF: March 22, 2022
DEPARTMENT: Planning and Community Development
SUBJECT: Annual Housing Element and General Plan Progress Reports (PL) RECOMMENDATION: Accept the 2021 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

BACKGROUND: State of California Government Code Section 65400 requires cities and counties to report annually to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) regarding their progress on implementing their General Plans and, in a separate report, the Housing Element portion of the General Plan. While previously this was required only of non-charter cities, all cities and counties in the State are required to submit these reports since 2018. Reporting on the Housing Element progress has expanded since 2018 to include reporting each stage of development applications, including both planning permit applications and building permit applications. Prior to 2018, reporting was required only on projects for which a building permit had been issued, with other specific project information required only for larger projects. For the calendar year 2020 and beyond, additional reports were required regarding surplus lands owned by local agencies and Local Early Action Planning (LEAP) Grant progress. The Annual Housing Element Report is submitted on an Excel form provided by HCD. There is no specific format required for the annual General Plan report, merely that it be a report on the status of the General Plan and an update on its implementation. The purpose of this informational item is that the attached 2021 General Plan Annual Progress Report and 2021 Housing Element Annual Progress Report must be presented to the governing body of the local jurisdiction prior to submittal to OPR and HCD.

DISCUSSION:
2021 General Plan Annual Progress Report
As noted above, the State does not dictate the format for the General Plan Annual Progress Report but recommends that certain topics be covered, including: General Plan updates, Zoning Ordinance amendments, a review of major development projects, what the jurisdiction has done to promote infill development, and intergovernmental coordination. These topics are covered in the beginning section of the attached annual report.

31.1 The second portion of Annual Progress Report is an overview of key General Plan implementation efforts over the past calendar year. Chapter 11 of General Plan 2030 identifies implementation tasks by City department. Each department is responsible for implementing these tasks and tracking progress as implementation proceeds. Planning staff periodically meets with each City department to monitor and discuss implementation plans and progress. Updates on key projects and programs are included in the “Selected Key Projects and Programs” section starting on page 5 of the attached report.
2021 Housing Element Annual Progress Report
Regional Housing Needs Allocation
The State of California and the Association of Monterey Bay Area Governments (AMBAG) use the Regional Housing Needs Assessment (RHNA) process to aid jurisdictions in making land use designation decisions that will accommodate estimates of future statewide growth and housing need.

The RHNA reporting cycles are eight years in length except that the current cycle was extended by one year to allow for its alignment with the Metropolitan Transportation Plan and Sustainable Communities Strategy (MTP/SCS), as required by Senate Bill 375. The current nine-year cycle runs from 2015-2023. Per the RHNA, the City is required to ensure that enough land is zoned for residential uses to allow for the potential development of a minimum of 747 units during the 2015-2023 cycle. This minimum number of units is further broken down by required units of a certain affordability level (Very Low Income, Low Income, Moderate Income, and Above Moderate Income) based on Area Median Income (AMI) calculations. In the City’s current Housing Element, the City successfully demonstrated that there is sufficient appropriately-zoned land to accommodate these units in the allocated affordability categories. HCD certified the City’s Housing Element in 2016.

HCD Reporting
The 2021 Housing Element Report utilizes the format provided by the HCD. This format provides the HCD with information on the following items:
 Residential projects submitted for entitlement (Planning or, if no Planning entitlement is required, Building) approval during 2021 (Table A);
 Residential projects with entitlements approved during 2021 (Table A2);  Residential building permits issued during 2021 (Table A2);  Residential building permits finaled during 2021 (Table A2);  Number of and affordability level of units within all of the above categories (Tables A and A2);
 Whether any projects or permits were approved utilizing SB 35 streamlining (Table A2);  Annual progress on meeting the jurisdiction’s RHNA (Table B);  The progress on rezoning of properties required to meet a jurisdiction’s RHNA or to accommodate housing potential lost by downzoning other properties (Table C, not needed by Santa Cruz in 2021);
 Progress toward implementing Housing Element programs (Table D);  Commercial density bonus projects where a commercial developer partners with an affordable housing developer to provide a mixed use project (Table E, not needed by Santa Cruz in 2021);

31.2  Affordable projects that were substantially rehabilitated or received assistance in exchange for extending affordability requirements (Table F, this table is optional);  Locally owned lands listed on the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (Table G, no City-owned lands were listed on the Housing Element Sites Inventory);
 Locally owned surplus sites (Table H);
 Summary of Tables A and A2 (Summary); and
 Reporting on progress toward Local Early Action Planning (LEAP) grant projects (LEAP Reporting).

Some of these items, such as the progress on rezoning, commercial density bonus projects, and disposal of locally owned lands on the Housing Element Sites Inventory, are not applicable to the City’s reporting as there is nothing to report or these categories do not apply (there are no current commercial density bonus projects, the City did not need to rezone any properties to meet the RHNA targets, and there were no City-owned properties listed on the Housing Element Sites Inventory).

Table 1 shows the City’s progress towards RHNA Targets for the current RHNA cycle.

TABLE 1
Permitted Units Issued by Affordability and RHNA Targets Income Level
RHNA
Allocation
by Income
Level
2015 2016 2017 2018 2019 2020 2021
Total
Units
to Date
(all
years)
Total
Remaining
RHNA by
Income
Level
Deed
Restricted 5 1 6 45
Very Low
Non-Deed
Restricted
180 57 123
Deed
Restricted 7 15 13 47 17 2
Low
Non-Deed
Restricted
118
6 51 43 81
282
Deed
Restricted
Moderate
Non-Deed
Restricted
136
39 112 41 1 16 24
233
Above
Moderate 313 94 44 109 90 26 12 230 605
Total RHNA 747
Total Units 145 172 163 150 155 79 313 1,177 123
It is important to note that the progress toward meeting the RHNA is based upon building permits issued for housing units rather than building permits finaled (i.e., construction completed). Because of this, the numbers found in this report may vary from those found in the Housing Element, those indicated in reports submitted to the State Department of Finance, and those generally used by the City to track housing development. Reviewing these other reporting

31.3 requirements, such as the number of residential units receiving Planning approvals and the number of residential units finaled during 2021, provides a more complete picture of the City’s progress towards meeting its housing goals. However, any projects that did not submit or receive approval, issuance, or occupancy permits within the calendar year 2021 do not appear in the 2021 Annual Progress Report.

Residential Building Permits Issued in 2021 & Affordability of Units For the 2021 calendar year, building permits were issued for a total of 313 housing units. This total is broken down by 83 low income units and 230 above moderate income units. Of the above moderate income units, 205 are in the 100 Laurel Street project (Pacific/Front/Laurel). That project dedicated adjacent land to the City in lieu of providing inclusionary units. That land will soon be developed as part of the Pacific Station South project (818 Pacific Ave.) and will provide 59 Very Low Income (VLI) units, 10 Low Income (LI) unit, and 1 manager’s unit.

The City has achieved its RHNA targets for the Low, Moderate, and Above Moderate categories for the 2015-2023 reporting period. Additional VLI units are needed to achieve its RHNA by the end of 2023. Staff is working with developers to encourage the provision of additional VLI units.

Newer legislation such as AB 2162 also incentivizes the development of supportive housing.

Supportive housing is considered Extremely Low Income (ELI), which is a lower AMI percentage than VLI but is still counted towards VLI in RHNA. City Council has approved AB 2162 resolutions to extend the legislation’s benefits to projects larger than those mandated by the state. The State Density Bonus also allows, among other incentives, projects to develop at higher densities in exchange for a larger number of affordable units or deeper levels of affordability.

Supportive housing using AB 2162 and projects using the State Density Bonus are two important ways in which the City can encourage the production of affordable housing stock for its most vulnerable residents.

Court cases have upheld the determination that density bonus units can also qualify as inclusionary units, allowing developers of market rate housing to qualify for density bonuses more easily in jurisdictions where inclusionary units are already required, such as Santa Cruz.

Recent State regulations (AB 2345) allow up to a 50 percent density bonus for a development that provides 15 percent VLI units, 24 percent LI units, or 44 percent Moderate Income (MI) units. For instance, with the City’s 20 percent inclusionary requirement, developers can provide 15 percent VLI units and five percent LI units to meet the inclusionary requirement and achieve a maximum density bonus of 50 percent.

Affordable housing developers are aware that the City needs more VLI units and work to include those units in their projects. Additionally, some State and Federal funding sources can incentivize VLI development, either by giving more points to VLI units for competitive funding or by prioritizing projects with VLI funding. During 2021, projects with a total of 72 VLI units received their entitlements. Projects that include another 98 VLI units submitted applications for entitlements. In addition, two large projects that were entitled prior to 2021 submitted for building permits, but the permits were not issued in 2021 and, therefore, do not show on the 2021 Annual Progress Report. These projects are:
 119 Coral St, total 121 units, final affordability levels pending but anticipated to be 120 VLI units, 1 manager’s unit; and

31.4  818 Pacific Ave (Pacific Station South), total 70 units, 59 VLI, 10 LI, 1 manager’s unit.

Building permits for the Pacific Station South project are expected to be issued in April 2022.

Other projects in the pipeline that are not included in the 2021 report include the 532 Center Street supportive housing project at the Calvary Church site (65 units with 29 LI, 15 VLI, 20 ELI, and 1 manager unit, with building permits expected to be issued in early May 2022) and the Library Mixed Use Project (100-125 units, all ELI, VLI, and up to 10 LI). There are also several projects that would provide in the range of three to six VLI units each.

This list of projects is intended to provide the City Council with an idea of the projects that include VLI units that may well be issued building permits prior to the end of the 5th RHNA cycle in December 2023. It is very possible and the City is hopeful that the City will meet its VLI RHNA target by then. Jurisdictions that meet or exceed their RHNA totals in all income categories by the end of the RHNA cycle are not subject to SB 35 for the following four years. (Generally speaking, SB 35 allows for ministerial approvals of development projects with 1) no discretion on the part of the City to deny projects that meet objective standards and 2) no California Environmental Quality Act review.) Four years into the next RHNA cycle, jurisdictions will be reevaluated to see whether they have met their proportional RHNA targets.

For the mid-cycle review, the jurisdiction must meet half the RHNA target numbers for each income category to be exempt from SB 35. If a jurisdiction has met half of its Above Moderate allocation but has not met half the allocation for Low and Very Low Income units, projects with at least 50 percent affordable units may apply for SB 35 processing. If the jurisdiction has not met the Above Moderate allocation, any project that includes 10 percent affordable units or the jurisdiction’s inclusionary requirement, whichever is higher, may apply for SB 35 processing.

The City previously was able to provide an incentive for VLI ADU units by using fee waivers in exchange for an affordability agreement for the ADU; however, the courts determined that providing fee waivers was essentially the same as providing funding to a project, and therefore, the use of a fee waiver triggers the requirement to pay prevailing wages, which increases the cost of the project enough to offset the fee waiver. Since that legal decision, there has been only one ADU project that used the fee waivers and entered into an affordability agreement for an ADU.

One final mechanism the City has to encourage VLI unit development is that for Single Room Occupancy (SRO) projects, the inclusionary units are required to be at the VLI level rather than the LI level allowed for other projects.

As shown in Table A2 of the 2021 Annual Housing Element Progress report (attached), building permits were issued for one large project (100 Laurel St., 205 units), with almost all of the remaining residential building permits for ADUs and single family homes.

Of the 313 units for which building permits were issued in 2021, 81 were for ADUs and 12 were for single-family homes. Along with the 205 unit project at 100 Laurel Street, there were two three-unit projects, one four-unit project, and one seven-unit project. While significant numbers of ADUs were constructed in the City in prior years, both 2020 and 2021 had among the highest number of ADU permits issued in any year. This may, in part, be related to changes in State law that lifted the owner-occupancy requirement for ADUs until 2025. It may also be related, at least partially, to the COVID-19 pandemic, during which many people were working from home and reconfigured their live and work spaces to better suit their new lifestyle needs.

31.5 The construction of a single family home or ADU does not trigger any inclusionary requirement; however, based on the results of a 2021 survey of ADU rents, all ADUs are counted as LI units in 2021 as average rents in each size category (studio, one-bedroom, two-bedroom) were below rents allowed for low income households for that unit size. The following table shows HCD allowed rents for low income housing compared to the mean (average) and median (midpoint) rents calculated from the survey responses.
2021 ADU Survey Results
Number of
Bedrooms
HCD Low Income
Rent Limits
Mean Rents from
Survey
Median Rents from
Survey
Studio $1,951 $1,320 $1,600
1 Bedroom $2,230 $2,071 $2,100
2 Bedroom $2,500 $2,067 $2,000
At last year’s presentation of the Annual Housing Element Progress report, City Council requested that staff consider methods to more accurately reflect the affordability of non-deedrestricted units that are categorized at some level of affordability. In prior years, staff had used an informal survey of rents advertised on the internet to determine affordability levels. While this method was acceptable to HCD, there were inherent flaws in the method, since many units, particularly the most desirable, lower-priced units, find tenants without needing to advertise. In 2019, staff also performed a survey of ADU owners for the update of the ADU ordinance. That survey provided more accurate information regarding rents, but since it was not designed to facilitate categorizing affordability levels for the Annual Report, it did not include some pertinent information and was awkward for staff to use.

In 2021, staff designed a survey for the specific purpose of providing a more accurate reflection of the affordability of non-deed restricted units (see attached survey form). Planning staff coordinated with Housing staff in the Economic Development Department (ED) to include the survey in their annual ADU monitoring notifications to in order to achieve a greater number of responses. ED staff does monitoring notifications by email and by mail for those without email contacts, so the affordability survey was posted to the ED monitoring website and also sent with the mailed notifications. While a total of 76 responses were received, 21 of those responding did not include the rents in their responses or did not use their ADUs as permanent housing in 2021.

The resulted showed that ADUs used by family members (27) was almost the same as those rented to separate households (28). Rent was charged for family members in five responses, and those rents appeared to be lower than the rents charged to separate households, so those surveys were not used to calculate the mean and median rents. While those responses were not used in the mean or median rent calculations, it does indicate that a relatively high percentage of ADUs are being used rent-free or at low rent levels.

The data in the table above was collected from all remaining surveys renting to separate households and showed that the mean and median ADU rents qualified for the HCD Low Income level, even when not considering the units provided or rented to family members. As there were only three responses for units with two bedrooms, the rents for that category are not robust, with a range from $1,600 to $2,600; however, two bedroom ADUs are less common than

31.6 studios and on bedroom units. In addition, the HCD Low Income rent was substantially higher for two bedroom units than either the mean or the median from the survey, thereby allowing a comfortable margin of error.

There continue to be a large number of new applications for housing development in the pipeline. There were applications for entitlements or, if entitlements were not required, for building permits for 708 units in 2021, up from 354 in 2020. This includes the 233-unit project at 130 Center Street, the 140-unit project at 831 Water Street, a 126-unit senior living project at 126 Eucalyptus (only 15 of those units are for independent living and count toward the City’s RHNA), 95 units at 902 Pacific Avenue (Pacific Station North), 50 units at 314 Jessie Street, and 20 units at 415 Natural Bridges, as well as 118 ADUs and a number of single-family homes and smaller projects. A number of these projects, including 902 Pacific Avenue and 831 Water Street, also obtained their entitlements during 2021. For more information on RHNA targets and City progress, please see the attached 2021 Housing Element Annual Progress Report.

The City’s RHNA for the 6th cycle has not yet been finalized but statewide, RHNA numbers have increased approximately fourfold. The most recent draft RHNA for the City was 3,736 units total, up from 747 units in the 5th cycle. The affordability level breakdown of those 3,736 draft units follows, along with the current 5th Cycle breakdown:

Income
Level:

Number of
VLI Units
Number of LI
Units
Number of
Moderate
Units
Number of
Above
Moderate
Units
Total Units
Draft 6th
RHNA Cycle:
857 562 709 1,606 3,736
Current 5th
RHNA Cycle:
180 118 136 313 747
The RHNA amount is expected to be finalized this spring by HCD. Concurrently, staff is developing a Request for Proposals (RFP) to select a consultant to assist the City with the development of the Housing Element Update to show how the City will plan to accommodate that amount of housing units. The 6th cycle Housing Element Update must be submitted to HCD by December 15, 2023. This information is not part of this annual report but is being provided for context.

Health in All Policies
The items before Council are consistent with the Health in All Policies pillars of equity, public health, and sustainabilty in that they track the City’s housing goals for all levels of affordability and help encourage the development of housing at all affordability levels. Providing housing at all levels of affordability promotes equity in that it provides more opportunities for people of various incomes and household sizes to reside in Santa Cruz’s expensive housing market. It promotes public health by striving to house more people regardless of their imcome. Finally, it promotes sustainability by providing more housing at more affordability levels in a city that is the job center of the region, so that more people can live closer to their place of work, supporting environmental and smart growth goals.

ENVIRONMENTAL REVIEW

31.7 The items before Council are informational and do not constitute a project under CEQA.

FISCAL IMPACT: There are no direct fiscal impacts to the General Fund from the transmittal of the Calendar Year 2021 General Plan Annual Progress report or Housing Element Annual Progress Report to OPR and HCD; however, the failure to submit these reports would disqualify the City from significant State grant funding opportunities.

Prepared By:

Katherine Donovan
Senior Planner
Matt VanHua
Principal Planner
Submitted By:

Lee Butler
Director of Planning &
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2021 General Plan Annual Progress Report

2. 2021 Housing Element Annual Progress Report

3. 2021 ADU Survey Form

31.8 CALENDAR YEAR 2021

GENERAL PLAN ANNUAL PROGRESS REPORT
MARCH 22, 2022
Planning and Community Development

Page 1 ends

INTRODUCTION
This report summarizes the key Citywide actions in the calendar year 2021 that relate to the City of Santa Cruz 2030 General Plan (GP), including specific tasks undertaken by City departments, the Planning Commission, and City Council. This report is not intended to be a comprehensive audit of all of the City’s General Plan implementation programs, but includes the priorities and opportunities important to the community.

The General Plan Annual Progress Report meets the State requirements for reporting the City’s progress toward meeting General Plan goals and objectives. Topics recommended by the California Office of Planning and Research (OPR) are briefly discussed below. In addition, staff has highlighted Council Initiatives as well as several key City projects and programs undertaken in 2021 that support the goals and objectives identified in the 2030 General Plan.
_______________________________________________________________________________________________________________________

OPR RECOMMENDED TOPICS
2021 General Plan Updates
A General Plan Amendment was approved on January 26, 2021 in association with a land exchange between the City and Santa Cruz Metro to facilitate the development of affordable housing and ground floor commercial along Pacific Avenue by the City and an upgrade of Pacific Station by Santa Cruz Metro. The change in the amount of land owned by each would be negligible. 2021
Ordinance Amendments and Policy Updates
Several Zoning Ordinance Amendments and other ordinance and policy updates related to development and General Plan implementation were approved or took effect in 2021, as follows:
 AB2162 Affordable Supportive Housing: AB2162 allows projects with 50 units of affordable supportive housing by right in local jurisdictions, but also allows those jurisdictions to increase the by-right housing number to be increased. On January 26, 2021, City Council approved Resolution No. NS-29,770 to allow 100 units by right for one project and 120 units by right for a second project.  Zoning Map Amendment for Pacific Station: The City and the Santa Cruz Metropolitan Transit District (Metro) have been working for approximately 20 years on the Pacific Station project, a project to redesign and update the main bus station in downtown Santa Cruz and to add a significant affordable housing component to the area. City Council adopted Ordinance No. 2021-01 on February 9, 2021 to rezone properties from CBD to PF and from PF to CBD to facilitate a reconfiguration of the properties to support this project.

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 Childcare and Public Safety Impact Fees: The City created a new fee on residential development to support funding for public safety and adopted a fee to support childcare with an amendment to the City’s Municipal Code, adopted by City Council on April 27, 2021.  Accessory Dwelling Units: The City adopted amendments to the Accessory Dwelling Unit (ADU) regulations in February 2019 and January 2020 to comply with changes in State ADU law. As the amendments were in sections of the Municipal Code that implement the Local Coastal Plan (LCP), the ordinance amendments were submitted to the California Coastal Commission (CCC) as LCP amendments. Local CCC staff recommended revisions to the City’s amendments and the CCC approved the LCP amendments with the condition that the City revise the ordinance amendments as proposed by CCC staff. On August 10, 2021, City Council introduced for publication and on August 24, 2021 City Council passed for final adoption the amendments approved by the CCC.  School District and Employer Sponsored Housing Amendments: The City adopted Ordinance No. 2021-04 amending the Inclusionary Regulations to support School District and employer sponsored affordable housing on April 13, 2021. 2021 Major Development Applications & Status Updates
Multiple significant development applications were processed, received building permits, or were under construction in 2021, including:
 100 Laurel Street: 6-story mixed-use building with 205 new apartments and 7,085 sq. ft. of commercial space (building permits issued in 2021);
 350 Ocean Street: 63 new apartments (62 low income units) and 6,800 sq. ft. of commercial space (construction continued in 2021, and Temporary Certificate of Occupancy was granted in December 2021));  335 Golf Club Drive: 10 residential units for the developmentally disabled (construction completed for 8 units in 2021);  135 Dubois Street: Multi-story, 107,845 square foot self-storage facility (under construction in 2021);  908 Ocean Street: 408 small ownership units with commercial space on the ground floor (entitlements application under review in 2021);  818 Pacific Avenue: Demolition of 3 commercial buildings and construction of a 7-story mixed-use building with 85 affordable housing units, 15,228 sq. ft. of ground floor commercial and residential amenity space, and 15,665 sq. ft. of medical office space on the second floor (AB 2162 use approved in 2021, Coastal Development Permit approved in 2021, and application for building permits submitted in 2021);
 1013 Pacific Avenue: a new 4-story mixed-use building consisting of ground floor retail and 17 residential condominium units (building permits under review in 2021);
 130 Center Street: Demolition of an existing commercial building and construction of a 6-story, mixed-use building with 233 Single Room Occupancy (SRO) units and 2,618 sq. ft. of ground floor commercial space (applied for entitlements and initial public hearings in 2021);

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 902 Pacific Avenue: Demolition of an existing structure and construction of a 7-story mixed use building with 94 affordable residences, ground floor commercial, and second floor office space (application submitted and entitlements approved in 2021);  314 Jessie Street: The project will combine two parcels, demolish a 14-unit multi-family development and construct a 50-unit, 100% affordable multi-family development including housing and supportive services (applied for entitlements in 2021);  415 Natural Bridges: The project includes a transfer of 3,936 square feet of land from an adjacent parcel and construction of a 100% affordable, 20 unit SRO (Single Room Occupancy) project with a variation to allowed uses to allow an SRO use and variations to development standards for building height, side yard setback, and number of required parking spaces (applied for entitlements in 2021);  831 Water Street: A proposed SB35 project consisting of demolition of existing commercial buildings and construction of a 5-story mixeduse building and a 4-story residential building consisting of 2,727 square feet of ground floor retail and 140 residential units (50% of the base project will be affordable, so a minimum of 55 of the 140 units will be affordable) with shared underground parking. The application also includes a Density Bonus application involving incentives, concessions, and waivers to development standards (application for entitlements submitted and approved in 2021);
 508 Front Street: 175 new residential units and 11,498 sq. ft. of commercial space (entitlements approved in 2021) Promotion of Infill Development
The list of Major Development Applications, above, demonstrates that the City is committed to encouraging well-planned infill development. The City’s established greenbelt ensures that compact and focused development will continue to be a high priority, and virtually all development within the City is considered “infill.” The majority of the projects listed above are in the downtown area or along the major traffic corridors.

Intergovernmental Coordination
The City regularly coordinates with a variety of agencies and jurisdictions, including the County of Santa Cruz; the Cities of Scotts Valley, Capitola and Watsonville; Association of Monterey Bay Area Governments (AMBAG); California Coastal Commission (CCC); Santa Cruz Metropolitan Transit District (METRO); Santa Cruz County Regional Transportation Commission (SCCRTC); University of California Santa Cruz (UCSC); the Soquel Creek Water District (SCWD); the Santa Cruz Mid-County and Santa Margarita Groundwater Agencies (MGA and SMGWA, respectively); the Monterey Bay Community Power Board (MBCP); the Monterey Bay Air Resource District (MBARD); and the Local Agency Formation Commission (LAFCO). 2021 highlights are outlined below:

Continuum of Care and County Collaboration. During 2021, the City participated in each Housing Action Partnership (HAP, the County’s

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Continuum of Care) meeting and worked closely with the County and HAP members on a wide range of homeless services and homelessness response efforts. Collaboration regularly occurred with the County and HAP on a restructuring of the HAP Board, on provision of shelter services, on establishing clear roles and responsibilities across jurisdictions, on awarding grant monies, on applying for grants (e.g., Project Homekey and the State’s Encampment Management Grant), and on a variety of other items. The City, County, and HAP also coordinated closely with non-profit partners who deliver homeless services.

The City worked especially closely with AMBAG in 2021 to provide feedback of draft Regional Housing Need Allocation (RHNA) methodologies to develop a final draft RHNA methodology most beneficial to meeting the region’s housing, employment, transportation, and sustainability goals.

Staff participated in monthly meetings, and the City’s representative on the AMBAG’s Board of Directors actively participated in each of the AMBAG Board of Directors meetings.

CITY COUNCIL INITIATIVES
In 2021, the City continued to deal with the COVID-19 pandemic as well as on-going issues related to addressing the City’s unhoused population.

To address business concerns during the pandemic, City Council extended the temporary ordinance allowing businesses to use streets and sidewalks to achieve social distancing necessary for businesses to continue to operate through December 2022. City Council also approved amendments to the Camping Services and Standards ordinance and adopted the Parking of Oversized Vehicles ordinance to address some of the impacts of City ordinances on the unhoused population as well as impacts of the unhoused population on City resources.

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Selected Key Projects and Programs

PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
1 PACIFIC STATION NORTH
The Planning Department received an application to
redevelop the properties at 902, 912, 920 Pacific
Avenue and 333 & 423 Front Street. The properties
are currently developed with a commercial office
building (the NIAC building) and the Metro Center,
and have frontage on both Front Street and Pacific
Avenue. The application represents the second
phase of a two part entitlement process for the
redevelopment project that is a joint venture
between the City of Santa Cruz and the Santa Cruz
Metropolitan Transit District (Metro) that began
with City Council approval of the reconfiguration of
the zoning and general plan designations on the
project sites and an adjustment of the lot lines to
result in a parcel zoned for a mixed-use, multi-family
development along Pacific Avenue and a parcel for
the redevelopment of the Metro Center bus terminal
facing Front Street.

The development will include a 100% affordable, 7-
story, mixed-use building along Pacific Avenue with
commercial space, Metro Center offices, enclosed
public bike parking, and residential amenity space on
the ground floor, and 94 residential apartments on
floors two through seven. The project will provide
100% of the rental units as affordable with average
Status: The Planning entitlements for the
project were approved on June 2, 2021, with
building permits anticipated in 2022.

GP Chapter 3: Community Design
GP Chapter 4: Land Use
GP Chapter 5: Mobility
GP Chapter 6: Economic Development
CD3.3 Encourage assembly of small parcels
along transit corridors to achieve pedestrianoriented development compatible with neighborhood characteristics.

CD4.2 Ensure that new development and
right-of-way improvements enhance the
visual quality of streetscapes.

CD4.2.1 Where possible, site buildings at the
street frontage and place parking areas away
from street corners and to the rear of
buildings.

CD5.2 Require new development to include
elements that relate to the pedestrian scale.

CD5.2.1 Encourage buildings to be oriented
towards sidewalks, public plazas, walkways,
or rivers and to include features such as
public benches and natural seating areas.

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affordability at or below 60% of Area Median Income
(AMI). Twenty five percent (25%) of the rental
apartments will be restricted to households
requiring supportive housing and earning 30 percent
AMI or less. The City is partnering with First
Community Housing, a nonprofit housing developer,
to design and manage the building. A ~$30 million
grant was recently submitted and approved to
facilitate construction of this project, as was a ~$1
million grant to promote innovative building
electrification, resiliency, and health standards.

LU1.1 Relate residential, commercial, and
industrial land use intensities to the
capability and location of the land while
ensuring optimum utilization of infill parcels.

LU3.7 Encourage higher-intensity residential
uses and maximum densities in accordance
with the General Plan Land Use designations.

LU4.1.1 Support compact mixed-use
development Downtown, along primary
transportation corridors, and in employment
centers.

M1.1 Reduce automobile dependence by
encouraging appropriate neighborhood and
activity center development.

M4.1.6: Enhance the pedestrian orientation
of the Downtown Central Business District.

ED5.5.4: Create a distinctive and active
pedestrian environment downtown.

ED5.5.6: Require continuity of active groundlevel uses (retail, restaurant, cultural, etc.) along Pacific Avenue.

ED5.5.6: Revitalize the Lower Pacific area
(Pacific Avenue south of Cathcart Street).

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
2 314 JESSIE STREET
An application was submitted to the Planning
Department for a 50-unit, 100% affordable and
supportive multifamily rental housing development
at 314 Jessie Street. The proposal includes
demolition of the existing buildings, including 14
apartments and accessory structures, and
construction of a 50-unit, four-story apartment
building with 40 studio and 10 one-bedroom units
ranging from 316 to 459 square feet. The proposal
also includes an adjoining two-story building
featuring reception, office, and administrative
support functions. The project will provide
approximately 2,581 square feet of open space,
including a second-story uncovered terrace. The first
two floors include vehicular parking below a raised
podium, bicycle parking, and a community
recreation room and office space. The Coastal
Development Permit for this project was approved in
January 2022.

Status: Building permit application resubmitted October 1, 2020 and is currently under review.

GP Chapter 3: Community Design
GP Chapter 4: Land Use
GP Chapter 5: Mobility
CD5.2 Require new development to include
elements that relate to the pedestrian scale.

CD5.2.1 Encourage buildings to be oriented
towards sidewalks, public plazas, walkways, or
rivers and to include features such as public
benches and natural seating areas.

LU3.1.1 Encourage through incentives and
expedited permit processing a variety of
housing types, when appropriate.

LU3.7 Encourage higher-intensity residential
uses and maximum densities in accordance
with the General Plan Land Use designations.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
3 415 NATURAL BRIDGES
The Housing Authority of the County of Santa Cruz
submitted an application for a 20 unit, 100-percent
affordable housing development with 20 Single
Room Occupancy (SRO) units to be constructed
within a three-story building on a vacant lot located
at 415 Natural Bridges Drive.

Status: Application for entitlements
submitted in 2021
GP Chapter 4: Land Use
GP Chapter 5: Mobility
LU3.7 Encourage higher-intensity residential
uses and maximum densities in accordance
with General Plan Land Use designations.

LU3.8 Allow the following residential uses to
exceed the maximum densities in this
chapter:
 Single-room occupancy (SRO) units;
 Small ownership units (SOU);
 Small studio and one-bedroom units;
 Accessory dwelling units (ADU);
 Density bonus units;
 Residential units within areas
designated High-Density Overlay
District.

M1.3 Create pedestrian-friendly frontage and
streetscapes and attractive pedestrianoriented areas.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
4 130 CENTER STREET
An application to redevelop the property at 130
Center Street with a six-story mixed-use
development consisting of 2,356 square feet of
ground-floor retail and 233 residential single-room
occupancy (SRO) units (units with a maximum of 400
square feet and an average unit size being no greater
than 345 square feet, some common facilities, and
on-site management) was approved in 2022. The
approval includes the demolition of the existing
commercial buildings.

The project consists of 155 base units, with 31 units,
or 20% of the base, to be provided as inclusionary
units restricted to Very Low Income (50% Area
Median Income). The project also includes a Density
Bonus under AB2345 for a 50% bonus of market rate
units. As part of the Density Bonus request, the
approval included two waivers: 1) Exceed height
limitations with a building that is approximately 70
feet in height and six stories; and 2) Reduce required
setbacks. The Planning Commission unanimously
approved the project in October 2021. That decision
was appealed to the City Council, and the Council
approved the project in January 2022. During the
entitlement, the developer offered four additional
affordable units at Very Low Income, for a total of 35
Very Low Income units in the project.

Status: Approved
GP Chapter 3: Community Design
GP Chapter 4: Land Use
GP Chapter 5: Mobility
CD4.2 Ensure that new development and
right-of-way improvements enhance the
visual quality of streetscapes.

CD5.2 Require new development to include
elements that relate to the pedestrian scale.

CD5.2.1 Encourage buildings to be oriented
towards sidewalks, public plazas, walkways,
or rivers and to include features such as
public benches and natural seating areas.

LU1.1 Relate residential, commercial, and
industrial land use intensities to the
capability and location of the land while
ensuring optimum utilization of infill parcels.

LU3.7 Encourage higher-intensity residential
uses and maximum densities in accordance
with the General Plan Land Use designations.

LU4.1.1 Support compact mixed-use
development Downtown, along primary
transportation corridors, and in employment
centers.

LU3.8 Allow the following residential uses to
exceed the maximum densities in this
chapter:

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 Single-room occupancy (SRO) units;
 Small ownership units (SOU);
 Small studio and one-bedroom units;
 Accessory dwelling units (ADU);
 Density bonus units;
 Residential units within areas
designated High-Density Overlay
District.

M1.1 Reduce automobile dependence by
encouraging appropriate neighborhood and
activity center development.

M4.1.6: Enhance the pedestrian orientation
of the Downtown Central Business District.

ED5.5.4: Create a distinctive and active
pedestrian environment downtown.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
5 CITY ARTS RECOVERY DESIGN
Santa Cruz City Arts launched a pilot grant program in
collaboration with Arts Council Santa Cruz County to
support arts-based initiatives that contribute to the
City’s recovery efforts. This program, the City Arts
Recovery Design (CARD) Pilot Grant Program will
harness the arts to play a major role in economic,
community, and health recovery while highlighting
the resilient and vibrant character of Santa Cruz as a
cultural center. Inspired by the Works Progress
Administration’s Federal Art Project, and modeled on
a program recently launched by the City of Santa
Monica, this initiative will utilize the creative energy of artists and provide them with resources to
implement projects that promote recovery.

During the past several years, the City has been
buffeted by the COVID pandemic, the impacts of
institutional racism, and the ravages of the CZU fires.

As we emerge from a year of layered crisis, we look
to the creatives in our community for solutions to
rebuild in new and better ways. Through this
program, the CIty will invest in artists with creative
proposals to tackle these pressing challenges. This
program seeks to have a major impact on the City,
the wellbeing of the community, and the health of its
economy.

The CARD Program focuses on three main themes:

Status: Underway.

GP Chapter 2: Historic Preservation, Arts, &
Culture
HA2.1 Effectively and efficiently use City
facilities for arts and cultural programs.

HA2.2 Encourage and promote a mix of
public and private facilities that meet the
unique needs of artists, cultural
organizations, patrons, and participants.

HA3.2 Facilitate and support arts programs,
events, and exhibitions throughout the
community.

HA3.3.1 Provide arts and cultural programs
for both city and regional residents.

HA4.1 Visually reflect the city’s culture,
history, and identity, the creativity of its
residents, in the built environment.

HA4.2.2 Maintain and enhance the Public
Arts Program.

HA4.3.2 Explore alternative funding sources
to support publicly viewable art in both
private and public developments.

HA4.5 Promote arts throughout the
community and the region.

HA4.5.4 Recognize, document, and publicize
the economic value of Santa Cruz’s art and

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economic recovery, restorative justice, and public
health & safety. We believe artists and creative
individuals can develop solutions that are inventive,
compelling, and engaging and want to give them
space to do so.

The City Arts Programs are funded by the Percent for
Arts Funds and by the City General Fund. This funding
generally leverages other financial support from the
community.
cultural resources.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
6 MONTEREY BAY SANCTUARY RAIL TRAIL
SEGMENTS: DESIGN, APPROVAL, and

CONSTRUCTION
This key transportation project will construct a
regional bicycle and pedestrian multiuse path using
the existing railroad right-of-way.

The 32 miles of right-of-way within the County have
been split into segments for design and construction
purposes. There are two full trail segments (segments
7 & 8) and two partial segments (segments 6 & 9)
within City of Santa Cruz city limits.

Segment 7, Phase I was approved by the Planning
Commission in 2018, and completed construction in
2021. Design and environmental review of Segment
7, Phase II was approved in 2019, and this segment is
recommended for Active Transportation Program
Cycle 5 funding. Additional construction funding for
remaining segments is still being sought.

Design, environmental review, and permitting for
Segments 8 and 9 are funded with a Caltrans Active
Transportation Program Cycle 3 grant, with local
match funding from the Land Trust. Grants are being
sought for the construction phase. A portion of
Segment 8, the trestle bridge widening, is complete.

The City Council awarded the construction contract
for the Segment 8 railroad trestle bridge widening in
Status: Underway. Segment 7 Phase 1 is
complete. Rail Trail Segment 7 Phase 2 is
construction ready and set to go out to bid
March 2022. Construction is anticipated May
2022-May 2023 and is funded by Active
Transportation Program Cycle 5. Rail Trail
Segment 8 and 9 EIR work has begun. Draft
plans (30%) will be presented to the public
and governing bodies in Spring 2022. The
pre-construction phase is funded by an
Active Transportation Program Cycle 3.

Chapter 5: Mobility
Chapter 6: Economic Development
Chapter 9: Parks, Recreation, and Open Space
M1.1.2 Connect activity centers with
pedestrian and bicycle paths.

M1.1.3 Implement pedestrian and bicycle
improvements that support transit ridership.

M1.4.2 Allow for future multi-modal use of
future rights-of-way by protecting them from
development
M2.1.2 Encourage use of alternative modes
of transportation.

M2.3.1 Design for and accommodate multiple

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2018, and construction was completed in 2019, with
the ribbon cutting held on May 22, 2019.
transportation modes.

M4.2.2 Work with appropriate agencies to
seek funding for pedestrian and bicycle
activities.

M4.2.3 Facilitate bicycle connections to all
travel modes.

M4.3.2 Develop bike commute routes along
railroad rights-of-way (while ensuring the
ability to develop rail transit) and along West
Cliff Drive, Broadway, King, and other streets.

ED1.9.2 Implement transportation, parking
and alternative transportation improvements
consistent with circulation planning.

PR1.6.1 Maintain and enhance access for
vehicles, transit, bicycles, and pedestrians.

PR4.1.1 Provide trails for a range of uses.

PR4.1.4 Create a continuous pathway along
the coast by enhancing the physical links
between West Cliff and East Cliff Drives and
the Beach Promenade.

PR4.2.4 Use roadside improvement funds to
develop bicycle paths and pedestrian trails.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
7 CLIMATE ACTION PLANNING
The City’s Climate Action Plan was adopted in 2012
and sunset in 2020. The City continued to implement
the Plan in 2021 while simultaneously developing a
CEQA-qualified Climate Action Plan 2030 process to
determine the City’s year and pathway to carbon
neutrality. The City has completed three of four
major community engagement efforts and the Plan
will be adopted in August 2022. The City will also
launch a Community Climate Activation platform and
sustainability dashboard to accelerate plan
implementation.

Status: The Climate Action Plan 2030 is in
development.

GP Chapter 10: Natural Resources and
Conservation
NRC4.1.4 Continue to expand municipal
energy efficiency programs to reduce building
energy use to a defined level. Provide
incentives for departments to meet efficiency
goals.

NRC4.1.5 Complete solar analysis and
implement a five year plan to increase solar
generation significantly on municipal
buildings.

NRC4.1.8 Implement tracking and reporting
procedures that meet AB32 requirements
and public interest.

NRC4.3.3 Adopt City renewable energy
objectives as defined within the Climate
Action Plan.

NRC4.5.1 Complete the City Vulnerability
Study and the Climate Change Risk
Assessment.

NRC5.1.2 Maintain and add to the City’s
urban tree canopy and increase tree diversity
within urbanized areas using native and noninvasive tree species.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
8 RESILIENT COAST INITIATIVE
RESILIENT COAST SANTA CRUZ is a collaborative
initiative led by the City of Santa Cruz to develop a
vision for coastal management to address sea level
rise, climate change, beach access, and other pressing
coastal issues using an adaptation pathways approach.

The initiative consists of two separate, yet similar,
projects that were carried out in 2019 and 2020.

The West Cliff Drive Adaptation and Management
Plan, funded by CalTrans, was adopted in April 2021
and includes specific maintenance, coastal resilience
projects and policies to address the impacts of climate change on the coastal transportation network,
recreation, access, and preserve habitat. Review and
adoption by the Coastal Commission is still pending.

Funded by the California Coastal Commission, the
Development of Sea Level Rise Strategies & Policies
to Support Beach and Public Access Protection
provided the Santa Cruz community and decision
makers with more comprehensive information and
recommendations for programs, policies, and actions
that can achieve resilient coastal access, use and
beach management. Staff will integrate them into a
Local Coastal Program (LCP) Update in 2022. The LCP is
what gives the City authority to issue Coastal
Development Permits that are aligned with the
Status: In process.

GP Chapter 7: Civic and Community Facilities
GP Chapter 8: Hazards, Safety, and Noise
Goal CC 1 An involved and informed
citizenry and responsive and effective
government.

CC1.1 Facilitate the participation of
residents, citizen commissions, and other
groups in local government decision-making.

CC1.1.1 Develop new forums to discuss
controversial issues in advance of formal
public hearings.

HZ6.1 Reduce erosion hazards.

HZ6.1.1 Minimize hazards posed by cliff
retreat.

HZ6.41. Address the effects of global
warming through changes in land use and
building codes for low-lying areas that may
be flooded by increases in sea levels and
storm violence.

HZ6.4.2 Increase public awareness of flood
hazards.

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California Coastal Act.

PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
9 ACTIVE TRANSPORTATION PLAN

IMPLEMENTATION
The Active Transportation Plan was accepted by
Council in 2017. This comprehensive update to the
previous City Bicycle Transportation Plan and
Pedestrian Master Plan merged these documents into
the Active Transportation Plan.

The plan includes a master list of potential pedestrian and bicycle improvements and serves as the
framework for improved mobility and alternatives to
automobile use within the City. Additionally, this
document is used as a guide to seek outside grant
funding, resulting in successful applications to funding agencies for bike and pedestrian projects.

A status update was presented to the Transportation
and Public Works Commission in February 2020. Since
February 28, 2017 when the Active Transportation
Plan was accepted, 78 projects from the Active
Transportation Plan are complete, partially complete,
funded, or programmed.

The City of Santa Cruz was recently recognized as
having the second highest bike commuting rate in the
U.S. at 13.2% based on the U.S. Census Bureau’s 2017
American Community Survey.

Status: Underway. Plan Completed in 2017
with implementation on-going.

GP Chapter 5: Mobility
Goal M4 A Citywide interconnected system
of safe, inviting, and accessible pedestrian
ways and bikeways.

M4.1 Enable and encourage walking in Santa
Cruz.

M4.1.1 Update and implement the
Pedestrian Master Plan for development of
a complete, continuous, and structurally
adequate system of pedestrian paths and
walkways.

M4.2 Provide and maintain a complete,
interconnected, safe, inviting, and efficient
citywide bicycle network.

M4.2.1 Maintain and update as necessary
the City’s Bicycle Transportation Plan.

M3.2.5 Improve traffic safety at high
collision locations, in residential areas, and
in congested areas through speed
enforcement programs, improved street
design, improvements needed to reduce
accidents, and by offering traffic safety

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educational programs in coordination with
other local agencies.

M4.5 Support pedestrian and bicycle safety
improvements.

M4.5.1 Design and also modify intersections
using striping, pedestrian crossing signs,
pedestrian islands, and pedestrian-friendly
signal phasing.

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
10 BIKE SHARE
The City of Santa Cruz partnered with Jump Bikes to
launch a bike share program in Santa Cruz in May
2018. Unfortunately, as the result of COVID19 and
the private sector merger of JUMP to Lime, the bike
share system in Santa Cruz ended in 2020.

The City has now partnered with adjacent agencies
(County, Capitola, and Watsonville) and educational
institutions (UCSC, Cabrillo) to develop a Regional
Bike Share program. An RFP was issued in Winter
2021/2022. The regional team is in negotiations with
the highest ranked vendor and anticipates new
program launch before end of 2023.

The bike system provided affordable short-term bike
rentals for quick trips within City limits and brings a new transportation option to the community. This
increases non-auto transportation options for the
City’s residents, employees, and visitors.

Utilization rates of the Santa Cruz system have been
some of the highest in the County.

Since the May 2018 launch, the bike share system has
seen the following stats:

Total trips: 683,260
Miles: 1,309,256
Average trip distance: 1.9 miles
Average trips/bike/day: 4.2
Status: Underway.

GP Chapter 5: Mobility
M1.1 Reduce automobile dependence by
encouraging appropriate neighborhood and
activity center development.

M1.1.3 Implement pedestrian and bicycle
improvements that support transit ridership.

M2.1 Provide leadership on sustainable
regional mobility.

M2.1.2 Encourage use of alternative modes of
transportation.

M2.3 Increase the efficiency of the multimodal transportation system. M2.3.1 Design for and accommodate multiple transportation
modes.

M2.5 Consider innovative transportation
solutions. M2.5.1 Promote the use of new
technologies for transportation and other
community services.

M4.2.3 Facilitate bicycling connections to all
travel modes.

M4.4 Assure a high level of bicycle user
amenities.

31.27 CALENDAR YEAR 2021

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MARCH 22, 2022
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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
11 STREET SMART
Street Smarts, launched with the 2017 school year,
is a traffic safety public education campaign with a
mission to reduce the number of traffic-related
crashes and injuries throughout the City of Santa
Cruz. It addresses all road users: drivers, bicyclists
and pedestrians. The prime collaborative strategy
to change and improve the community's traffic
safety behavior is repetition of traffic safety media
messages: Street Smarts' bilingual public service
announcements have been airing on KAZU, KSCO,
KZSC, KLOK, and KSES radio stations, read in print
publications, and seen and heard online. Messages
are also visible on street poles, in front of schools,
on City vehicles, and on yard signs.

Given the installation of many new RRFBs
(Rectangular Repeating Flashing Buttons)
throughout the City and County, our Street Smarts
program has produced a new video stressing the
importance of pushing that button. Studies have
shown that RRFBs have a yield compliance up to
90% but they are not always used. Four more new
Street Smarts videos were produced in 2021. The
videos addressed issues based on recent SWITRS
traffic safety data:
• Drive Sober Drive Smart
• Safety: It’s Your TURN
• Speed Matters
• Intersection CAUTION
Status: Ongoing.

GP Chapter 5: Mobility
M3.2.5 Improve traffic safety at high collision
locations, in residential areas, and in
congested areas through speed enforcement
programs, improved street design,
improvements needed to reduce accidents,
and by offering traffic safety educational
programs in coordination with other local
agencies.

M4.5 Support pedestrian and bicycle safety
improvements.

31.28 CALENDAR YEAR 2021

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MARCH 22, 2022
Planning and Community Development

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
12 GO SANTA CRUZ TDM CAMPAIGN
In October 2019, the City launched the GO Santa
Cruz campaign, a Transportation Demand
Management (TDM) initiative aimed as shifting the
transportation modes of downtown employees.

Since that time, more than 25% of the downtown
workforce has signed up for participation in the
program. The GO Santa Cruz campaign is funded by
downtown parking revenues, and includes free
unlimited transit passes, free bike locker cards,
carpool incentives, commute information and
carpool ride matching, and bike safety trainings.

The goal of this program is to reduce the drive alone
rate to downtown to below 50% by providing
transportation options for downtown employees.

COVID19 substantially changed the employment
profiles within downtown and the program
continues to pivot to provide transportation options.

Status: Ongoing.

GP Chapter 5: Mobility
M1.1 Reduce automobile dependence by
encouraging appropriate neighborhood and
activity center development.

M1.1.3 Implement pedestrian and bicycle
improvements that support transit ridership.

M2.1 Provide leadership on sustainable
regional mobility.

M2.1.2 Encourage use of alternative modes
of transportation.

M2.3 Increase the efficiency of the multimodal transportation system.

M2.3.1 Design for and accommodate multiple
transportation modes.

M2.5 Consider innovative transportation
solutions.

M2.5.1 Promote the use of new technologies
for transportation and other community
services.

M4.1 Enable and encourage walking in Santa
Cruz.

M4.2.3 Facilitate bicycling connections to all
travel modes.

M4.4 Assure a high level of bicycle user
amenities.

31.29 CALENDAR YEAR 2021

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MARCH 22, 2022
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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
13 OBJECTIVE STANDARDS FOR MULTI-FAMILY

HOUSING AND MIXED USE DEVELOPMENT
In October 2019, the City Council directed staff to
apply for an SB2 Grant to support the creation of
updated multi-family and mixed use zone districts
that would rely exclusively on objective
development standards to regulate building size,
placement, and design.

The goal of this project is to prepare a
recommended set of new zone district standards
that will ensure certainty in the development
process for applicants, community members, City
decision makers, and staff. The project includes a
significant public engagement process, focusing on
bringing traditionally underrepresented groups into
the planning process.

The City is working with a consultant team to run
the public process and draft the standards.

Status: Nearing completion. Project team
has completed background analysis,
community engagement, and published a
Public Review Draft of standards.

Refinement of draft based on community
comment currently underway. Anticipated
completion by June 2022.

GP Chapter 3: Community Design
GP Chapter 4: Land Use
GP Chapter 5: Mobility
GP Chapter 6: Economic Development
GP Chapter 8: Hazards, Safety, and Noise
GP Chapter 10: Natural Resources and
Conservation
CD4.1 Make the city’s major gateways
defining, attractive, and welcoming.

CD4.2Ensure that new development and
right-of-way improvements enhance the
visual quality of streetscapes.

CD5.3 Require new development to include
elements that relate to the pedestrian scale.

LU1.1 Relate residential, commercial, and
industrial land
use intensities to the capability and location
of the land while ensuring optimum
utilization of infill parcels.

31.30 CALENDAR YEAR 2021

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MARCH 22, 2022
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LU3.1 Foster land use patterns that balance
economic, housing, community, and
environmental needs, and promote social
diversity.

LU3.3.2 Revise the Zoning Ordinance to
include mixed use zoning and to define
appropriate uses.

LU3.7 Encourage higher-intensity residential
uses and maximum densities in accordance
with the General Plan Land Use designations.

LU4.1.2 Amend the Zoning Ordinance to
ensure that infill and intensified development
is sensitive to existing neighborhood and
business districts.

LU4.2 Encourage land use changes that
reduce the need for autos.

M1.1.4 Amend the Zoning Ordinance to
create an activity-center-oriented urban
form.

M1.3 Create pedestrian-friendly frontage and
streetscapes and attractive pedestrianoriented uses.

M1.5.2 Encourage innovative solutions that
provide adequate parking while maximizing
living and working space.

M1.5.5 Amend the Zoning Ordinance to
encourage shared parking for uses that are
compatible in terms of hours of operation or
seasonality.

M3.1.9 Consider reducing parking
requirements for employers, developments,
businesses, and major destination centers

31.31 CALENDAR YEAR 2021

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MARCH 22, 2022
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that implement effective alternative
transportation programs.

M3.3.5 Require new development to be
designed to discourage through traffic in
adjacent neighborhoods and to encourage
bicycle or pedestrian connections
M4.1.7 Require that site and building design
facilitate pedestrian activity.

ED5.1 Nurture activity centers and districts
that serve neighborhoods and businesses,
provide jobs, and meet local and regional
needs.

ED5.1.1 Provide for the development of
supporting land uses adjacent to retail
shopping areas, while assuring protection of
existing residential neighborhoods.

ED5.3 Support neighborhood commercial and
mixed-use development along the city’s
transportation corridors.

HZ3.1.2 Use site planning and design
approaches to minimize noise impacts from
new development on surrounding land uses.

HZ3.1.11 Require soundwalls, earth berms,
setbacks, and other noise reduction
techniques for new development, when
appropriate and necessary, as conditions of
approval.

HZ5.1.2 Develop lighting design guidelines
that reduce light spillage both upward and
onto adjoining properties.

NRC3.3 Require resource conservation and
environmental sensitivity in project design

31.32 CALENDAR YEAR 2021

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MARCH 22, 2022
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and construction.

NRC4.1 Reduce communitywide greenhouse
gas emissions (GHG) 30 percent by 2020 and
80 percent by 2050 (compared to 1990
levels).

NRC7.1.4 Require new development to
provide for passive and natural heating and
cooling opportunities, including beneficial
site orientation and dedication of solar
easements.

31.33 CALENDAR YEAR 2021

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MARCH 22, 2022
Planning and Community Development

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PROJECT NAME DESCRIPTION HOW THIS PROJECT IMPLEMENTS
THE GENERAL PLAN 2030
13 DOWNTOWN PLAN BOUNDARY EXPANSION
The City of Santa Cruz is embarking on a planning
study to consider future redevelopment of the area
south of Laurel Street. A primary catalyst for this
effort is the City receiving grant funding from the
State with the goal to increase housing capacity.

Expanding the Downtown area and increasing land
use intensity will increase housing capacity and
provide growth in the most sustainable way possible:
in our downtown core closest to jobs, amenities, and
transportation. Other City objectives through this
project include:

1. Providing additional affordable and marketrate housing in the downtown,

2. Creating public amenities like parks, public
plazas, or better pedestrian infrastructure,

3. Improving the connection to the San Lorenzo
River and beach areas, and

4. Creating new economic opportunities for
local businesses and workers.

5. Planning for a new Santa Cruz Warriors
arena site.

This planning work began in the fall of 2021 and is
anticipated to conclude in the summer of 2023.

Significant community outreach, stakeholder input,
and direction from decision-makers will be received
throughout the process.

Status: Early stages. The project team has
completed background analysis, one
community meeting, and an online survey.

The project team is currently working on
creating draft development alternatives for
the public and decision-makers to then
consider.

GP Chapter 3: Community Design
GP Chapter 4: Land Use
GP Chapter 5: Mobility
GP Chapter 6: Economic Development
CD4.1 Make the city’s major gateways
defining, attractive, and welcoming.

CD4.2 Ensure that new development and
right-of-way improvements enhance the
visual quality of streetscapes.

LU1.1 Relate residential, commercial, and
industrial land use intensities to the capability
and location of the land while ensuring
optimum utilization of infill parcels.

LU3.1 Foster land use patterns that balance
economic, housing, community, and
environmental needs, and promote social
diversity.

LU4.1.2 Amend the Zoning Ordinance to
ensure that infill and intensified development
is sensitive to existing neighborhood and

31.34 CALENDAR YEAR 2021

GENERAL PLAN ANNUAL PROGRESS REPORT
MARCH 22, 2022
Planning and Community Development

Page 27 ends

business districts.

LU4.2 Encourage land use changes that
reduce the need for autos.

M1.3 Create pedestrian-friendly frontage and
streetscapes and attractive pedestrianoriented uses.

M1.5.2 Encourage innovative solutions that
provide adequate parking while maximizing
living and working space.

ED5.1 Nurture activity centers and districts
that serve neighborhoods and businesses,
provide jobs, and meet local and regional
needs.

ED5.1.1 Provide for the development of
supporting land uses adjacent to retail
shopping areas, while assuring protection of
existing residential neighborhoods.

31.35 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

HOUSING ELEMENT ANNUAL PROGRESS

REPORT (APR) INSTRUCTIONS

INTRODUCTION
Note: Some instructions and definitions can be found in the column headers of the tables. (Cells with red markers) Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the Department of Housing and Community Development (HCD). The following form is to be used for satisfying the reporting requirements of Government Code section 65400, subdivision (a)(2).

These forms and instructions, originally adopted March 27, 2010, have been updated to incorporate new Housing Element APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly Bill 879); Chapter 366, Statutes of 2017 (Senate Bill 35), Chapter 664, Statutes of 2019 (Assembly Bill 1486), Chapter 159, Statues of 2019 (Assembly Bill 101), Chapter 661, Statutes of 2020 (Assembly Bill 1255), Chapter 15, and Statutes of 2020 (Assembly How to submit Bill 83). the Housing Element Annual Progress Report (APR) The APR must be submitted to the Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) on or before April 1 of each year using the forms and tables specified by HCD. The APR provides information for the previous calendar year and must be submitted separately to both HCD and OPR (Gov. Code, § 65400.). There are two methods available for submitting APRs:

1. Online Annual Progress Reporting System - This allows jurisdictions to upload directly into HCD’s database, limiting the risk of errors. To use the online system, email [email protected], and request login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - Jurisdictions complete the Excel APR forms and submit to HCD at [email protected] and to OPR at [email protected]. When using the email method, send the electronic version as an Excel workbook attachment. Do not send a scanned copy of the tables. In addition to submitting Housing Element APRs, jurisdictions must also submit General Plan Annual Progress Reports to both HCD and OPR. Please email these documents to [email protected] and [email protected].

NOTE: When submitting successor entity reporting data as required pursuant to California Health and Safety Code 34176.1, the data must be identified as an addendum to the APR and emailed to [email protected] concurrently with the APR submittal. When using the online system, this report should be sent separately to the APR email box to satisfy the Government Code section 65400 reporting requirement.

TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

FORM INSTRUCTIONS

GENERAL INFORMATION

START HERE
TABLE A Housing Development Applications Submitted
TABLE A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units TABLE B Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability TABLE C Sites Identified or Rezoned to Accommodate Shortfall Housing Need TABLE D Program Implementation Status pursuant to Government Code section 65583

31.36 TABLE E Commercial Development Bonus Approved pursuant to Government Code section 65915.7 TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2)
TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Table H - Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569

DEFINITIONS

1. “Above moderate income” means households earning more than 120 percent of area median income.

2. “Annual Progress Report (APR)” means the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year reporting on the prior calendar year’s activities.

3. “Application submitted” means an application submittal that has been determined complete by the jurisdiction.

4. “Area Median Income (AMI)” means the median household income based on household size of a geographic area of the state, as annually updated by the California Department of Housing and Community Development (HCD), pursuant to Health and Safety Code section 50093.

5. “Certificate of occupancy date” is the date(s) the certificate(s) of occupancy, or other evidence of readiness for occupancy (e.g., final inspection, notice of completion), was/were issued.

6. “Committed Assistance” is when a local government has entered into a legally enforceable agreement within a specific timeframe spanning from the beginning of the RHNA projection and may be executed throughout the planning period. Committed Assistance includes obligating funds or other in-kind services for affordable units available for occupancy within two years of the agreement.

7. “Completed Entitlement” means a housing development or project which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. This means that there is no additional action required to be eligible to apply and obtain a building permit.

8. “Density Bonus” as defined in Government Code section 65915.

9. “Extremely low-income” means a household earning less than 30 percent of area median income pursuant to Health and Safety Code, section 50105.

10. “Infill housing unit” is defined as being a unit located within an urbanized area or within an urban cluster on a site that has been previously developed for urban uses, or a vacant site where the properties adjoining at least two sides of the project site are, or previously have been, developed for urban uses. For the purposes of this definition, an urbanized area or an urban cluster is as defined by the United States Census

11. Bureau. “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

12. “Lower-income or Low-Income” means a household earning less than 80 percent of area median income pursuant to Health and Safety Code, section 50079.5.

13. “Moderate income” means households whose income does not exceed 120 percent of area median income pursuant to Health and Safety Code, section 50093.

14. “Permitted units” mean units for which building permits for new housing construction have been issued by the local government during the reporting calendar year. For this purpose, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the Census definition of a housing unit.

31.37 Note: Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Government Code sections 65852.2 and 65852.22 meet the definition above.

15. “Production report” or “Annual Progress Report (APR)” means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400 of Government Code.

16. “Project” or “Development” refers to a housing related activity where new construction of a unit(s) is proposed or has had a building permit and/or certificate of occupancy issued during the reporting calendar year.

This may include single family, mixed use, multifamily, accessory dwelling unit, or any other developments where housing units, as defined by the U.S. Census Bureau and the California Department of Finance, are a component of the project.

17. “Realistic Capacity” means an estimate of the number of units that can be accommodated on each site in the inventory. The estimate must include adjustments to reflect land use controls and site improvement requirements but may rely on established minimum density standards.

18. “Reporting period” means the prior calendar year’s activities for the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year and utilized to create the determination for which locality is subject to the Streamlined Ministerial Approval (SB35 Streamlining)

19. Provisions. “RHNA” means the local government’s share of the regional housing need allocation pursuant to Government Code section 65584 et seq.

20.              Unit Category: type of units that are classified under the following categories:
·         Single Family-Detached Unit (SFD)- a one-unit structure with open space on all four sides. The unit often possesses an attached garage.
·         Single Family-Attached Unit (SFA)- a one-unit structure attached to another unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining units to form a property line. Each unit has individual heating and ·plumbing          2-, 3-, systems. and 4-Plex Units per Structure (2-4)- a structure containing two, three, or four units and not classified as single-unit attached structure.
·         5 or More Units per Structure (5+)- a structure containing five or more housing units. ·         Accessory Dwelling Unit (ADU) - means a unit that is attached, detached or located within the living area of the existing dwelling or residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family dwelling is situated pursuant to Government Code section 65852.2. An ADU also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or a manufactured home, as defined in Section 18007 of the Health and Safety Code. ·         Mobile Home Unit/Manufactured Home – a one-unit structure that was originally constructed to be towed on its own chassis. Please note: Spaces in a mobile home park can be counted towards RHNA, if the spaces counted are new hook-ups/spaces rather than new mobile home park residents moving onto existing lots.

21. “Very low-income” means households earning less than 50 percent of area median income pursuant to Health and Safety Code, section 50105.

AUTHORITY CITED: Government Code section 65400.

FORM INSTRUCTIONS
GENERAL INFORMATION
Fields in gray auto-populate. No data entry is needed.

Some of the cells are locked to ensure data can be automatically uploaded to the online system.

Tables A and A2 of the worksheet are currently configured to accept up to 1,000 lines of data. Insert rows if needed. Projects are now tracked at all stages of development, from initial application to final certificate of occupancy.

31.38 All dates must be entered as month/date/year (e.g., 6/1/2018).

The form works best with macros enabled in Excel.

Begin with the “Start Here” tab, as previous years’ information will pre-populate in Table B after the jurisdiction’s name is entered.

START HERE
Enter general contact and report information in the “Start Here” tab.

It is important to start with this worksheet because the answers entered will affect how information is displayed (e.g. permit numbers from prior years are pre-populated when jurisdiction’s name is entered).

Information to enter includes:
·         City or County name
·         Reporting calendar year (e.g., 2019). Please note: The reporting year will always be from January 1 – December 31 of the previous year.
·         Contact person
·         Title
·         Email
·         Phone
·         Mailing address
This sheet includes instructions regarding submitting the Housing Element APR to HCD and OPR.

TABLE A
Housing Development Applications Submitted
Only include data on housing units and developments for which an application was deemed complete between January 1st and December 31st of the reporting year identified on the “Start Here” tab. In table A, an “application” is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right).

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The Prior APN, Project Name and Local Jurisdiction Tracking ID are optional. · Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field). · Current APN – Enter the current available APN. If necessary, enter additional APNs in the notes section field number 10.
· Street Address – Enter the number and name of street. · Project Name – Enter the project name, if available (optional field). · Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field).

2. Unit Types: Each development should be categorized by one of the following codes. Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following options:
·         SFA (single-family attached unit)
·         SFD (single-family detached unit)
·         2-4 (two- to four-unit structures)
·         5+ (five or more unit structure, multifamily)

31.39 · ADU (accessory dwelling unit)
· MH (mobile home/manufactured home)

3. Tenure: Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options:
· Renter occupant (R) or
· Owner occupant (O)

4. Date Application Submitted: Enter the date the housing development application was submitted. If the application was incomplete at the time of submittal, enter the date the application was determined complete by the local government (refer to “application submitted” under definitions). Enter date as month/day/year (e.g., 6/1/2020).

5. Proposed Units Affordability by Household Incomes: For each development, list the number of units proposed in the application by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:

Very low-income households: 0-50% AMI
Low-income households: 50-80% AMI
Moderate-income households: 80-120% AMI
Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCD’s website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income Limits). 6. Total Proposed Units by Project: This field auto-populates with the total number of units proposed, as entered in #5 (total of deed restricted & non-deed restricted units for Very Low-, Low-, Moderate- and Above Moderate- income households).

7. Total Approved Units by Project: Enter the number of units that the jurisdiction approved for this project application.

8. Total Disapproved Units by Project. If the project is denied or total number of units is reduced, please enter the number of units denied or reduced. This value should equal Total Proposed Units by Project minus “Total Approved Units by Project.”

9. Was “Application Submitted” pursuant to Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
·         No
·         Yes – But no action taken
·         Yes – Approved
·         Yes – Denied

10. Was a Density Bonus application received for this project? Answer yes or no.

11. Was the Density Bonus application approved for this project? Answer yes or no.

12. Please indicate the status of the application. Use the drop-down to select one of the following options:
·         Approved
·         Pending
·         Disapproved

13. Notes: Use this field to enter any applicable notes about the project or development. Completion of this field is optional.

31.40 TABLE A2
Annual Building Activity Report Summary – New Construction, Entitled, Permits and Completed Units
Fields 1 through 15 Housing Development Information
This table requires information for very low, low, moderate and above moderate income housing affordability categories and for mixed-income projects.  Include data on net new housing units and developments that have received any one of the following:
·         An entitlement
·         A building permit
·         A certificate of occupancy or other form of readiness that was issued during the reporting year.

Please note: Only building permits are used for the purposes of determining progress towards RHNA (fields 7, 8 and 9 of this table, described below).

New housing units: For the APR, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the census definition of a housing unit.

Development activity spanning multiple years: It is highly likely that the same project will be reported in multiple years of APRs. For example, a project should be listed in three separate APRs if it is entitled in one year, receives the building permit next year, and the certificate of occupancy in the year following.

In scenarios where development activity spans multiple years, the jurisdiction should only report activity that occurred within the reporting year. For example, if a project received building permits in 2018, but received entitlements in 2017, the 2018 APR should only report the building permit information (fields 7, 8 and 9), and not include entitlement information (fields 4, 5 and 6).

Separate living quarters: A house, an apartment, a mobile home, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible.

Please note: Group quarters facilities, such dormitories, student houisng, bunkhouses, and barracks cannot be counted as housing units.

Net new units: If a building is being demolished to build the new units, the APR should report net new units. For example, if 10 units are being demolished on a site to build a 100-unit building, the APR should report 100 new units and 10 units in the demolished/destroyed column. In the case of new construction where fewer units are being built than were there previously, do not report negative permits.

To assist in reporting demolished/destroyed units, refer to section number 20 below (Table A2, column 20).

All new unit information is to be listed in the following fields:

Fields 1 through 3 – Project Identifier and Unit Types

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The prior APN, project name or local jurisdiction tracking ID are optional. · Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field). · Current APN – Enter the current available APN. This field allows a maximum of 40 characters. If necessary enter additional APNs in the notes section field number 21. · Street Address – Enter the number and name of street. · Project Name – Enter the project name, if available (optional field). · Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field).

31.41 2. Unit Category Codes: Each development should be categorized by one of the following codes: Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following options:
·         SFA (single-family attached unit)
·         SFD (single-family detached unit)
·         2-4 (two- to four-unit structures)
·         5+ (five or more unit structure, multifamily) ·         ADU (accessory dwelling unit)
·         MH (mobile home/manufactured home)

3. Tenure:  Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options:
·         Renter occupant (R) or
·         Owner occupant (O)
Fields 4 through 6 – Completed Entitlement

4.  Affordability by Household Income – Completed Entitlement: For each development, list the number of units that have been issued a completed entitlement during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
·         Very low-income households: 0-50% AMI
·         Low-income households: 50-80% AMI
·         Moderate-income households: 80-120% AMI
·         Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income Limits). 5. Entitlement Date Approved: Enter the date within the reporting year that all required land use approvals or entitlements were issued by the jurisdiction; leave blank if entitlement was approved outside the reporting year.

Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Completed Entitlement.”

6. # of Units Issued Entitlements: This is an auto-populated field. This field reflects the total number of units that were entitled for very-low, low, moderate, and above moderate income, as entered in field 4 on this table.

Fields 7 through 9 – Building Permit

7. Affordability by Household Income – Building Permits: For each development, list the number of units that have been issued a building permit during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
·         Very low-income households: 0-50% AMI
·         Low-income households: 50-80% AMI
·         Moderate-income households: 80-120% AMI
·         Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income Limits). 8. Building Permits Date Issued: Enter the date within the reporting year that the building permit was issued by the jurisdiction; leave blank if building permit was issued outside the reporting year. Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Permitted Units.”

9. # of Units Issued Building Permits: This is an auto-populated field. This field will sum units that were permitted for very-low, low, moderate, and above moderate income, as entered in field 7 on this table.

Fields 10 through 12 – Certificates of Occupancy

31.42 10. Affordability by Household Income – Certificates of Occupancy: For each development, list the number of units that issued certificates of occupancy or other form of readiness (e.g., final inspection, notice of completion) during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted.

Refer to the Definitions section for additional descriptions:
·         Very low-income households: 0-50% AMI
·         Low-income households: 50-80% AMI
·         Moderate-income households: 80-120% AMI
·         Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income Limits). 11. Certificates of Occupancy (or other forms of Readiness) Date Issued: Enter the date the certificate of occupancy or other form of readiness (e.g., final inspection, notice of completion) was issued for the project. For most jurisdictions, this is the final step before residents can occupy the unit. Leave blank if certificate of occupancy was not issued in the reporting year. Enter date as month/day/year (e.g., 6/1/2018).

12. # of Units Issued Certificates of Occupancy or other forms of Readiness: This is an auto-populated field. This field will sum units that were issued a certificate of occupancy for very-low, low, moderate, and above moderate income, as entered in field 10 on this table.

13. How many of the Units were Extremely-Low Income Units (Optional): To gain a greater understanding of the level of building activity to meet the needs of extremely low-income households in the state, HCD asks that you estimate, to the extent possible, the number of units affordable to extremely-low income households. This number will be a subset of the number of units affordable to very low-income households, as indicated in fields 4, 7 and 10 above. Please note: The number entered in the very low section will not be reduced by the number entered here. Although completion of this field is optional, your input would be greatly appreciated.

14. Was Project approved using Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
· “Y” if jurisdiction approved the project application pursuant to the streamlined ministerial approval process (SB 35 Streamlining).
· “N” for all other situations.

15. Are these infill units? To gain a greater understanding of the level of infill housing activity in the state, HCD asks that you clarify if the housing units reported are infill by selecting “Yes” or “No.” Although completion of this field is optional, your input would be greatly appreciated. See Definitions section for “infill housing units” Fields definition. 16 through 18: Please note, if any units are reported as very-low, low, or moderate income in fields 4, 7 or 10 then information in fields 16, 17 and/or 18 must be completed to demonstrate affordability. In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

Fields 16 and 17 Housing with Financial Assistance and/or Deed Restrictions For all housing units developed or approved with public financial assistance and/or have recorded affordability deed restriction or covenants, identify funding sources and/or mechanisms that enable units to be affordable.

16. Assistance Programs Used for Each Development: Enter information here if units received financial assistance from the city or county and/or other subsidy sources, have affordability restrictions or covenants, and/or recapture of public funds upon resale.

Use the drop-down menu to select the acronym of the applicable funding program(s), as listed below. To select more than one funding source click once then select the cell again and click another source. · Acq/Rehab: CalHFA Acquisition/Rehab Loan Program · AHP: Affordable Housing Program - Fed Home Loan · AHSC: Affordable Housing and Sustainable Communities · CalHOME: CalHOME

31.43 ·         CDBG: Community Development Block Grant ·         CDLAC: CDLAC Bonds (CA Debt Limit Allocation Committee) ·         CESH: CA Emergency Solutions & Housing
·         ESG: Emergency Solutions Grant
·         GSAF: Golden State Acquisition Fund
·         HEAP: Homeless Emergency Aid Program
·         HHAP: Homeless Housing, Assistance and Prevention Program ·         HKEY: Homekey
·         HOME: Housing Investment Partnership Program
·         HOPWA: Housing Opportunities for Persons with AIDS ·         IIG: Infill Infrastructure Grant
·         LHTF: Local Housing Trust Funds
·         LIHTC: CTCAC/Low Income Housing Tax Credits
·         MHP: Multifamily Housing Program - HCD
·         MHSA: Mental Health Services Act Funding
·         MPRROP: Mobilehome Park Rehab & Resident Ownership Program ·         MRB: Mortgage Revenue Bonds
·         MyHOME: MyHome Down Payment Assistance
·         NHTF: National Housing Trust Fund
·         NPLH: No Place Like Home
·         PBS8: Section 8 Project-Based Rental Assistance ·         PDLP: Predevelopment Loan Program
·         RAD: Rental Assistance Demonstration Program
·         RDA: Redevelopment Agency or Successor Agency Funds ·         Sec 202: HUD Section 202 Housing for the Elderly ·         Sec 811: Section 811 Project Rental Assistance ·         SERNA: Joe Serna Jr Farmworker Housing Program ·         SHMHP: Supportive Housing MHP
·         SNHP: Special Needs Housing Program - CalHFA
·         TOD: Transit Oriented Development Program
·         USDA: USDA Rural Development Housing Programs ·         VHHP: Veterans Housing and Homeless Prevention Program ·         Other: Describe in Notes

17. Deed Restriction Type: Enter information here if units in the project are considered affordable to very-low, low, and/or moderate income households due to a local program or policy, such as an inclusionary housing ordinance, regulatory agreement, or a density bonus. This field should not be used to enter the number of deed restricted units. Identify the mechanism used to restrict occupancy based on affordability to produce “deed restricted” units. Use the drop-down menu to select one of the following options · “INC” if the units were approved pursuant to a local inclusionary housing ordinance. · “DB” if the units were approved using a density bonus. · “Other” for any other mechanism. Describe the source in notes section number 21.

18. Housing without Financial Assistance or Deed Restrictions: Enter information here if the units are affordable to very-low, low and moderate income households without financial assistance and/or deed restrictions. In these cases, affordability must be demonstrated by proposed sales price or rents. · Sales prices and rents must meet the definition of affordable as defined in Health and Safety Code Section 50052.5 for owner-occupied units or Health and Safety Code section 50053 for renter-occupied units.

31.44 · Describe how the newly constructed rental or ownership housing units were determined to be affordable to very- low, low, and moderate income households without either public subsidies or restrictive covenants. This may be based on various methods considering sales prices or rents relative to the income levels of households such as through a survey of comparable units in the area that show the unit would be affordable to very-low, low, or moderate income households.
o The jurisdiction can consider comparable rental prices or new sales prices (actual or anticipated). The jurisdiction should consider costs for renters (i.e., 30% of household income for rent and utilities) or owners (e.g., 30% of household income for principal, interest, taxes, insurance and utilities, pursuant to Title 25 CCR Section · In the 6920) absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

19. Term of Affordability or Deed Restriction: If units have committed financial assistance and/or are deed restricted, enter the duration of the affordability or deed restriction. If units are affordable in perpetuity, enter 1,000. If multiple funding sources or deed restrictions on the development have different terms of affordability, please enter the longest term of affordability. Although completion of this field is optional, your input would be greatly appreciated.

20. Demolished/Destroyed Units: This section is to report if the project and associated APN, has a permit, entitlement or certificate of occupancy in the reporting year, and the APN previously had demolished or destroyed units.
· Enter the “Number of Demolished or Destroyed Units” in the reporting calendar year. · From the drop down menu select “demolished” if the units were torn down. Select “Destroyed” if the units were lost due to fire or other natural disaster.
· From the drop down menu “Demolished/Destroyed Units Owner or Renter” select “R” for renter or “O” for owner.

Fields 21 through 24 Density Bonus Detail: The following fields must be completed for at least a sample of density bonus projects reported by the jurisdiction and should only be completed if “DB” is one of the selections in section 17.

21. Density bonus: This section and the sections to follow are for reporting if the project received a density bonus, including concessions, incentives, waivers, or other modifications. The first field asks for the percentage of density bonus that was applied to the project.
· If the planning area's maximum allowable density is calculated based on the allowable number of units, express your response as a percentage (New total number of units - Old total number of units)/(Old total number of units); NOTE THAT WE ARE NOT PROPOSING TO EXPRESS THE DENSITY AS UNITS PER ACRE. · Alternatively, if the planning area's maximum allowable density is form- or volume-based, express your response as a percentage (New maximum allowable residential gross floor area - Old maximum allowable residential gross floor area)/(Old maximum allowable residential gross floor area)

22. Percentage of deed-restricted units: Enter the percentage of deed-restricted units in the project expressed as (percentage of deed-restricted units) / (total number of units) NOTE THAT THIS CALCULATION MIGHT ALSO BE PROBLEMATIC IF THERE ARE DEED-RESTRICTED UNITS MANDATED BY ANOTHER SUBSIDY PROGRAM

23. Number of incentives and other modifications: Enter the total number of other incentives, concessions, waivers, or other modifications given to the project (exclude parking waivers or parking reductions). List the specific incentives, concessions, waivers, or other modifications given to the project using the drop-down menu. ·         On-Site Improvements
·         Off-Site Improvements
·         Development Standards Modification
·         Other

24. Reductions or waivers of parking standards:
· Did the project receive a reduction or waiver of parking standards? Answer Yes or No.

31.45 25. Notes: Use this field to enter any applicable notes about the project or development.

TABLE B
Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability Table B is a summary of prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported. Please note, the last year of the 5th cycle will only contain units with permit dates that occurred before the end of the cycle. The first year of the 6th cycle will only contain units with permits that occurred on or after the beginning of the cycle. To assist jurisdictions in completing this form, HCD has prefilled permit data as reported to HCD on prior APRs. Past unit information will auto-populate when the jurisdiction’s name in the general information section of the “Start Here” tab is entered. Current year permitted units will auto-populate from data reported in table A2. If permit activity for current year is inaccurate, jurisdictions should make adjustments on field number 7, Affordability by Household Income – Building Permits inPlease tablecontact A2. HCD at [email protected] if data from previous years does not populate or if different than the information supplied in Table B. Any changes made by localities to previous years’ data in Table B will not update prior APR records maintained by HCD.

Table B reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction’s share of regional housing need for the planning period.

1. Regional Housing Needs Allocation by Income Level: Lists the jurisdiction’s assigned RHNA for the planning cycle by income group. This field will be auto-populated once the jurisdiction’s name is entered in the “Start

2. Here” Year: tab. Lists the building permit data for each year of the RHNA planning cycle beginning in the first year and ending with the data from the current reporting year which can be found in Table A2.

3. Total Units to Date (all years): Totals the number of units permitted in each income category.

4. Total Remaining RHNA by Income Level: This field uses the information from the “Total Units to Date” category and deducts the units by income category from the jurisdiction’s assigned RHNA number. Note: The total units remaining to meet the RHNA allocation is in the bottom right hand corner.

TABLE C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need Please note: This table should only be filled out when a city or county identified an Unaccommodated Need of sites from the previous planning period Government Code section 65584.09, has Shortfall of Sites as identified in the housing element Government Code section 65583, subdivision (c)(1); or is identifying additional sites required by No Net Loss law pursuant to Government Code section 65863. The data in this inventory serves as an addendum to the housing element sites inventory. This table should not include rezoning for a specific project.

1. Project Identifier: Include the Assessor Parcel Number (APN) and street address. The project name and local jurisdiction tracking ID are optional.

2. Date of Rezone: If rezone was required, identify the date the rezone occurred. Enter date as month/day/year (e.g., 6/1/2018).

3. RHNA Shortfall by Household Income Category: For each development or site, list the number of units that are affordable to the following income levels (refer to Definitions section for more detail):
· Very low-income households: 0-50% AMI
· Low-income households: 50-80% AMI
Note: rezoning is not required to accommodate moderate or above moderate RHNA shortfall.

4. Rezone Type: From the dropdown list, select one of the following for each project:

31.46 · No Net Loss (Government Code section 65863): When a jurisdiction permits or causes its housing element sites inventory site capacity to be insufficient to meet its remaining unmet RHNA for lower and moderateincome households. In general, a jurisdiction must demonstrate sufficient capacity on existing sites or make available adequate sites within 180 days of there being insufficient sites to meet the remaining RHNA. · Unaccommodated Need (Government Code section 65584.09): When a jurisdiction failed to identify or make adequate sites available in the prior planning period to accommodate its RHNA by income category. Note:

When this condition occurred, the housing element in the current planning period in most cases will have a program to make available adequate sites to address the unmet RHNA by income category in the first year of the planning period.
· Shortfall of Sites (Government Code section 65583, subdivision (c)(1)): When a jurisdiction does not identify adequate sites to accommodate its RHNA by income category in the current planning period. Note: When this condition occurred, the housing element for the current planning period must have included a program to make available adequate sites to address the unmet RHNA by income category. For jurisdictions on an eight year planning period, the rezones must be complete within the first three years of the planning period.

5. Parcel Size (Acres): Enter the size of the parcel in acres.

6. General Plan Designation: Enter the new General Plan Land Use designation. If no change was made, enter the current designation.

7. Zoning: Enter the new zoning designation for the parcel. If no change was made, enter the current zoning designation.

8. Density Allowed: Enter the minimum and maximum density allowed on each parcel. This is the density allowed after any zoning amendments are made. If no maximum density enter N/A.

9. Realistic Capacity: Enter the estimated realistic unit capacity for each parcel. Refer to Definitions for more information about “Realistic Capacity.”

10. Vacant/Non-vacant: From the drop-down list, select if the parcel is vacant or non-vacant. If the parcel is nonvacant, then enter the description of existing uses in Field 11.

11. Description of Existing Uses: Include a description of existing uses. Description must be specific (i.e. SFR, MF, surplus school site, operating business, vacant commercial building, parking lot). Classifications of uses (i.e. “commercial”, “retail”, “office”, or “residential”) are not sufficient.

TABLE D
Program Implementation Status pursuant to Government Code section 65583 Report the status/progress of housing element program and policy implementation for all programs described in the housing element:

1. Name of Program: List the name of the program as described in the element.

2. Objective: List the program objective (for example, “Update the accessory dwelling unit ordinance”).

3. Timeframe in Housing Element: Enter the date the objective is scheduled to be accomplished.

4. Status of Program Implementation: List the action or status of program implementation.

For your information, the following list includes the statutory requirements for housing element programs:
· Adequate sites (Gov. Code, § 65583, subd. (c)(1)). Please note: Where a jurisdiction has included a rezone program pursuant to Government Code section 65583.2, subdivision (h) to address a shortfall of capacity to accommodate its RHNA, Table C must include specific information demonstrating progress in implementation including total acres, brief description of sites, date of rezone, and compliance with by-right approval and density requirements.
· Assist in the development of low- and moderate-income housing (Gov. Code, § 65583, subd. (c)(2)).

31.47 · Remove or mitigate constraints (Gov. Code, § 65583, subd. (c)(3)). · Conserve and improve existing affordable housing (Gov. Code, § 65583, subd. (c)(4)).

Promote and affirmatively further fair housing opportunities (Gov. Code, § 65583, subd. (c)(5)). · Preserve units at-risk of conversion from low-income use (Gov. Code, § 65583, subd. (c)(6).

Please note: Jurisdictions may add additional rows in Table D to include all Housing Element programs, or to provide clarification or information relevant to demonstrating progress towards meeting RHNA objectives.

TABLE E
Commercial Development Bonus Approved pursuant to Government Code section 65915.7
Government Code section 65915.7 states:
“(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that…” meets several criteria.

If the jurisdiction has approved any commercial development bonuses during the reporting year, enter the following information:

1. Project Identifier: Include the parcel’s APN number and street address. The project name and local jurisdiction tracking ID are optional.

2. Units Constructed as Part of the Agreement: For each development, list the number of units that are affordable to the following income levels (refer to definitions for more detail):
·         Very low-income households: 0-50% AMI
·         Low-income households: 50-80% AMI
·         Moderate-income households: 80-120% AMI
·         Above-moderate households: above 120%

3. Description of Commercial Development Bonus: Include a description of the commercial development bonus approved by the jurisdiction.

4. Commercial Development Bonus Date Approved: Enter the date that the jurisdiction approved the commercial development bonus. Enter date as month/day/year (e.g., 6/1/2018).

TABLE F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c).

Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Units that Do Not Count Toward RHNA: The jurisdiction may list for informational purposes only, units that do not count toward RHNA but were substantially rehabilitated, acquired or preserved.

Units that Count Toward RHNA: To enter units in this table as progress toward RHNA, please contact HCD at [email protected]. HCD will provide a password to unlock the grey fields.

31.48 In order to count units reported in this table as progress towards RHNA, the jurisdiction will need to provide information that demonstrate the units meet the standards set forth in Government Code section 65583.1, subdivision (c). These program requirements are summarized on the Alternative Adequate Sites Checklist.

If HCD finds that the units meet the standards set forth in Government Code section 65583.1, subdivision (c) these units may credit up to 25 percent of the jurisdiction’s adequate sites requirement per income category.

Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Chapter 664, Statutes of 2019 (AB 1486) added to the Government code section 65400.1, which requires jurisdictions to include in this APR a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year.

The listing of sites must include the entity to whom the site was transferred, and the intended use of the site.

Table H
Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569 Chapter 661, Statutes of 2019 (AB 1255) amended Government Code section 54230 to require cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls. Please note:

Jurisdictions are only required to report on property located in an urban area or urbanized cluster. For a map of urban areas and urban clusters, please see HCD website here:
https://cahcd.maps.arcgis.com/apps/webappviewer/index.html?id=5a63b04d7c494a6ebb2aa38a2c3576f5 Cities and counties must make a description of each parcel described in paragraph (1) of Government Code section 54230 and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
“Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
“Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.

Parcel Description must include the following:

1. APN: Enter the parcel number of the identified property.

2. Street Address/Intersection: Enter the street address of the property. If no street address is available, enter the closest kn

31.49 3. Existing Use: Select the existing use of the property. Use the drop-down menu to select one of the following options:
·        Residential
·        Commercial
·        Industrial
·        Public Facilities
·        Vacant
·        Air Rights
·        Other

4. Number of Units: If the existing use is residential, enter the number of units on the property.

5. Surplus Designation: Please identify if the property has been designated surplus or exempt surplus pursuant to Government Code section 54221, or excess pursuant to Government Code section 50569.

6. Parcel Size (in acres): Enter the parcel size in acres.

7. Notes (Optional): Please include any applicable notes providing additional property description. This could include description of any characteristics of the property.

Local Early Action Planning (LEAP) Grant Reporting
Pursuant to Health and Safety Code section 50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy or other completed entitlements. Data sources may include the LEAP application (e.g., Attachment 1: Project Timeline and Budget), re-imbursement requests, other portions of the annual progress reports and other summary records of program activities.

1. Total Award Amount: Utilizing the LEAP application and award letter, fill in the total award amount for all proposed LEAP activities.

2. Task: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in all project level tasks. Do not fill in sub-tasks. For example, an application might include a project level task to prepare and adopt a downtown specific plan. In this case, simply fill in downtown specific plan and do not fill in sub-tasks such as outreach, traffic studies, drafting and adoption.

3. $ Amount Awarded: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in the total amount awarded for each project level task.

4. $ Cumulative Reimbursement Requested: Utilizing reimbursement requests sent to the Department, add up all requested amounts for each project level task. Note, this is reimbursement “requested” and not reimbursement “received”. At the time of reporting, some reimbursement requests may be in process. The table does not need to address reimbursements in process.

5. Task Status: Provide a brief description of the status of project level tasks. This description should address recently completed, upcoming milestones, anticipated completion dates and any schedule slippage. In addition, task status may express progress as a percentage of completion (e.g., 50% complete).

6. Other Funding: Note any other funding sources by amount being utilized to complete each project level task.

If no other funding sources are being utilized, enter N/A. Examples of other funding includes SB 2 planning grants program, SB 1 sustainability planning grants program and local general funds.

31.50 7. Notes: Enter any other relevant information related to progress and impacts such as reasons for delays, anticipated numerical outcomes, etc.

8. Summary of Entitlements, Building Permits and Certificates of Occupancy: These tables will auto-populate from Table A2.

31.51 h red markers)

31.52 31.53

31.54 31.55

31.56 31.57

31.58 31.59

31.60 31.61

31.62 31.63

31.64 le, enter the closest known intersection.

31.65 ollowing options:

31.66 Frequently Asked Questions
Can I leave a row blank? Yes, you may leave blank rows in between rows that have information. However, you may not leave more than 10 rows in a row blank in between rows with information.

How do I delete rows? Click on a cell in the row(s) and type Ctrl-d.

Note: Macros must be enabled
Why are the rows not summing correctly? The summary tab and sum rows only include activities that occurred during the reporting year, according to the year entered in the "Start Here" tab.

Why are some cells highlighted yellow or green?
Yellow Cells: Required cells for each row become highlighted yellow once any cell in the row contains a character. The affordability descriptions become highlighted and required once any lower or moderate income units are entered into the form.

Green Cells: Cells highlighted green are where you indicate the number of units by affordability. This is required for any project in Table A. This is also required for the applicable sections (completed entitlement, issued building permits, issued certificates of occupancy) of Table A2. For example, if a project in Table A2 was issued a building permit, but not an entitlement or certificate of occupancy during the reporting year, you would enter the unit count in one of the green cells in the building permit section only. You may leave the other sections blank even though they are highlighted green, since they wouldn't apply to this example. Once a value is entered into this range, the range will no longer be highlighted green.

Why are the date cells highlighted red?
Cells can be highlighted red for two reasons:

Date cells: Sometimes, dates that are copied and pasted into this form are formatted as text. When pasting dates into the form please paste with the "match destination formatting" option. If the date cells are still highlighted red, they contain text. These must be converted to dates. To do so, open a blank workbook and paste in the dates that are formatted as text. In an adjacent column, enter the function =DATEVALUE and refer the function to the cell with date formatted as text.

This will result in a 5-digit number. Copy and paste these 5-digit numbers back into the APR form, then change the format of the cells to "Short Date" (i.e., 3/4/2012).

Text cells: Cells can also be highlighted red if the length of the text entered into the cell exceeds the character limit.

Can the same project be included in both Table A and Table A2? Yes. Table A tracks all applications for residential development that were received and deemed complete during the reporting year. Table A2 tracks all entitlements, building permits, and certificates of occupancy for residential development that were issued in the reporting year. If a project was applied for and received entitlements, building permits, and/or certificates of occupancy during the reporting year, that project would be listed in both Table A and Table A2.

What if I have nothing to report? At minimum, the "Start Here" tab and Table D must be completed. If you have nothing to report in any of the other tables, please leave them blank, do NOT put N/A or something similar.

How do I correct or update the values in Table B? Table B contains data HCD has received from prior APR submittals as of October 6, 2020. If the numbers do not match your records, please contact HCD.

Do I need to take the form to my Council or Board prior to submitting the APR? Government Code section 65400 requires the planning agency to provide this report to the legislative body (i.e. local Council or Board), HCD, and OPR by April 1 of each year. The statute does not specify in which order they be provided, and HCD does not require the report to be submitted to the legislative body prior to submitting it to HCD.

Can I use this form for a prior year?
You can use this form for 2018 -2020. Make sure to change the reporting year in row 5 of the "Start Here" tab. Table G is not required for 2018. Table H and LEAP are not required for 2018-2019.

For the years 2017 and prior, you must use the old version of the APR. Please contact HCD at [email protected] to obtain.

Does submitting the Housing Element APR fulfill the requirements of submitting a General Plan APR? No. Government Code section 65400 requires jurisdictions to also submit a General Plan Annual Progress Report to OPR and HCD. These can be emailed to [email protected] and [email protected]

31.67 Annual Progress Report January 2020
Please Start Here
General Information
Jurisdiction Name Santa Cruz
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Reporting Calendar Year 2021
Contact Information
First Name Katherine
Last Name Donovan
Title Senior Planner
Email [email protected]
Phone 8314205134
Mailing Address
Street Address 809 Center St., Room 107
City Santa Cruz
Zipcode 95060
v 1_13_2022

31.68 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information.

The other file will be list of the problematic cells, along with a description of the nature of the error.

Submittal Instructions
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do

31.69 Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table A
Housing Development Applications Submitted
Project Identifier Unit Types
Date
Application
Submitted
Proposed Units - Affordability by Household Incomes
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Density Bonus Applications
1 2 3 4 5 6 7 8 9 10
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 158 0 94 118 3 3 333 709 547 0

31.70 Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy Streamlining Infill Housing with Financial Assistance and/or Deed Restrictions
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Demolished/Destroyed Units Density Bonus Notes
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome   Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome   Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome   Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of  Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)

Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/De
stroyed Units
Demolished or
Destroyed
Units
Demolished/D
estroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 72 0 100 3 0 0 270 445 0 0 2 81 0 0 228 311 0 0 0 44 0 10 24 78 27 1 8 0 002-235-26 114 OLIVE AVE CP20-0056 2 to 4 R 0 0 2 10/19/2021 2 N Y 003-231-36 510 ALMAR AVE B19-0469 SFD O 0 0 1 2/1/2021 1 N Y 008-262-40 320 GRANT ST B19-0473 SFD O 0 0 1 1/28/2021 1 N Y 004-262-21 154 NATIONAL
ST
B19-0461 ADU R 0 0 1 1/2/2021 1 N Y ADU rental price survey 003-233-25 340 OXFORD
WAY B19-0682 SFD O 0 0 1 5/12/2021 1 N Y
004-175-25 603 WOODROW
AVE B19-0490 ADU R 0 0 1 8/26/2021 1 N Y ADU rental price survey 010-184-14 230 SEAVIEW
AVE B19-0705 ADU R 0 0 1 9/14/2021 1 N Y ADU rental price survey 006-134-03 137 MILES ST A B19-0391 ADU R 0 0 1 3/30/2021 1 N Y ADU rental price survey 011-032-51 108
MONTESANO ST B19-0550 ADU R 0 0 1 1/13/2021 1 N Y ADU rental price survey 004-273-01 220 LAGUNA ST
A B19-0546 ADU R 0 0 1 11/29/2021 1 N Y ADU rental price survey 005-252-10 203 LEONARD
ST
B19-0489 ADU R 0 0 1 10/28/2021 1 N Y ADU rental price survey 004-254-06 304

CENTENNIAL ST
A
B19-0534 ADU R 0 0 1 10/20/2021 1 N Y ADU rental price survey 009-265-11 418 SAN JUAN
AVE B19-0562 ADU R 0 0 1 2/16/2021 1 N Y ADU rental price survey 006-081-34 517 HIGH ST B19-0722 SFD O 0 0 1 9/20/2021 1 N Y 009-012-43 145 VISTA
BRANCIFORTE B20-0112 SFD O 0 0 1 2/16/2021 1 N Y
004-234-15 130 GHARKEY
ST B19-0553 ADU R 0 0 1 7/22/2021 1 N Y ADU rental price survey 004-223-10 421 BAY ST B20-0128 ADU R 0 0 1 8/10/2021 1 N Y ADU rental price survey 010-153-12 122 PINE ST B20-0130 ADU R 0 0 1 10/7/2021 1 N Y ADU rental price survey 004-162-29 133 WALK CIR B19-0753 ADU R 0 0 1 11/12/2021 1 N Y ADU rental price survey 010-471-03 1112 EAST
CLIFF DR B20-0047 ADU R 0 0 1 10/11/2021 1 N Y ADU rental price survey 004-124-29 535 PALM ST B19-0710 ADU R 0 0 1 8/6/2021 1 N Y ADU rental price survey 009-081-44 115 PROSPECT
CT B20-0190 ADU R 0 0 1 6/24/2021 1 N Y ADU rental price survey 006-193-06 311 VAN NESS
AVE B19-0608 ADU R 0 0 1 6/21/2021 1 N Y ADU rental price survey 004-154-48 258 WALK CIR B20-0092 ADU R 0 0 1 11/23/2021 1 N Y ADU rental price survey 002-193-01 1611 BAY ST B19-0544 SFA R 0 0 1 4/6/2021 1 N Y 009-081-70 820 PARK WAY
A B19-0625 ADU R 0 0 1 5/19/2021 1 N Y ADU rental price survey 002-161-57 410 ALTA VISTA
DR B20-0262 ADU R 0 0 1 2/24/2021 1 N Y ADU rental price survey 001-081-06 616 HIGHLAND
AVE B20-0148 ADU R 0 0 1 9/2/2021 1 N Y ADU rental price survey 004-123-21 526 BELLEVUE
ST B20-0156 ADU R 0 0 1 3/18/2021 1 N Y ADU rental price survey 010-164-26 141 JESSIE ST B20-0205 ADU R 0 0 1 5/17/2021 1 N Y ADU rental price survey 001-172-04 335 GOLF CLUB
DR B19-0086 ADU R 0 0 1 8/17/2021 1 N Y ADU rental price survey 008-203-16 107 AVALON ST B20-0301 ADU R 0 0 1 2/16/2021 1 N Y ADU rental price survey 009-073-10 803 MORRISSEY
BLVD B20-0227 ADU R 0 0 1 8/5/2021 1 N Y ADU rental price survey 010-051-18 523 OCEAN
VIEW AVE B20-0197 SFD O 0 0 1 10/6/2021 1 N Y
010-171-12 209 OCEAN
VIEW AVE B20-0407 ADU R 0 0 1 5/23/2021 1 N Y ADU rental price survey 006-121-20 830 KING ST B20-0379 ADU R 0 0 1 12/9/2021 1 N Y ADU rental price survey 007-131-03 508 SECOND ST B20-0224 ADU R 0 0 1 5/5/2021 1 N Y ADU rental price survey 006-332-26 610 LAURENT
ST B20-0265 ADU R 0 0 1 12/16/2021 1 N Y ADU rental price survey 009-232-07 125 DAKE AVE B20-0333 ADU R 0 0 1 12/20/2021 1 N Y ADU rental price survey 009-232-07 125 DAKE AVE B20-0334 ADU R 0 0 1 12/20/2021 1 N Y ADU rental price survey 004-181-37 504 WOODROW
AVE B20-0210 ADU R 0 0 1 10/5/2021 1 N Y ADU rental price survey 002-235-26 141 TOLEDO ST B20-0413 SFD O 0 0 1 10/19/2021 1 N Y 006-161-22 225 HIGHLAND
AVE A B19-0718 ADU R 0 0 1 6/7/2021 1 N Y ADU rental price survey 009-072-13 618 SAN JUAN
AVE B20-0375 ADU R 0 0 1 6/14/2021 1 N Y ADU rental price survey 001-111-52 109 HILLCREST
TER CP20-0139 SFD O 1 1/5/2021 1 0 0 N Y
005-151-50 508 FRONT ST CP18-0153 5+ O 15 5 155 1/12/2021 175
0 0 N Y DB, INC 1000 31.6% 3
Development
Standards
Modification, Off-site
Improvements
No
010-072-42
418

PENNSYLVANIA
AVE
CP19-0142 2 to 4 R 1 2 2/9/2021
3 0 0 N Y Other 1000 1
002-591-12 175 WESTVIEW
CT CP20-0125 2 to 4 R 3 2/25/2021 3 0 0 N Y
002-042-44 918 WESTERN
DR CP20-0150 SFD O 1 2/25/2021 1 0 0 N Y
010-202-07 107 PARK AVE CP20-0167 ADU R 1 3/14/2021 1 0 0 N Y Annual ADU survey 004-281-24 411 MANOR AVE
S CP20-0099 SFD O 1 3/17/2021 1 0 0 N Y 1
011-024-06 705 FREDERICK
ST CP17-0206 SFA R 1 4/5/2021 1 0 0 N Y
003-301-21 345 OXFORD
WAY CP21-0012 SFD O 1 5/5/2021 1 1 8/10/2021 1 0 N Y 1
003-273-13 1816 WEST
CLIFF DR CP20-0091 SFD O 1 5/19/2021 1 0 0 N Y
005-152-33 902 PACIFIC
AVE CP21-0056 5+ R 56 37 2 6/2/2021
95 0 0
27 N Y AHSC, IIG, HOME,
LHTF, PBS8, Other DB, INC 1000 0.0% 2
On-Site
Improvements,
Development
Standards
Modification
Yes
011-013-01 727 HANOVER
ST CP20-0128 5+ R 2 9 7/7/2021 11 0 0 N Y INC 1000 1
004-194-02 121 OXFORD
WAY CP21-0004 SFD O 1 7/21/2021 1 1 12/13/2021 1 0 N Y 1 006-172-04 125 SYLVAR ST CP21-0064 SFD R 1 8/22/2021 1 1 9/30/2021 1 0 N Y Annual ADU survey 008-322-32 127 BLAINE ST CP20-0072 SFA R 1 9/15/2021 1 0 0 N Y 010-031-78
821 N

BRANCIFORTE
AVE
CP21-0102 2 to 4 R 2 10/20/2021
2 0 0 N Y
006-261-17 1416 BAY ST CP21-0077 SFA R 1 11/1/2021 1 0 0 N Y 010-273-07 1133 EAST
CLIFF DR CP20-0074 2 to 4 R 1 3 11/3/2021 4 0 0 N Y INC 1000 1 004-284-17 106 MANOR AVE CP21-0139 ADU R 1 11/9/2021 1 0 0 N Y Annual ADU survey 002-221-03 207 BERKSHIRE
AVE B19-0726 ADU R 0 1 1/26/2021 1 0 N Y Annual ADU survey 008-162-19 801 RIVER ST B20-0146 5+ R 0 1 6 1/27/2021 7 0 N Y INC 1000 002-152-09 602 MIRAMAR
DR A B20-0356 ADU R 0 1 1/28/2021 1 0 N Y Annual ADU survey 004-043-12 1206 BAY ST B20-0341 ADU R 0 1 2/1/2021 1 0 N Y Annual ADU survey 009-162-35 111
CHILVERTON ST B20-0465 ADU R 0 1 2/2/2021 1 0 N Y Annual ADU survey 009-125-49 117 OAK WAY B20-0383 ADU R 0 1 2/3/2021 1 0 N Y Annual ADU survey 010-192-27 603 SEABRIGHT
AVE B20-0331 ADU R 0 1 2/9/2021 1 0 N Y Annual ADU survey 006-122-38 1511 LAUREL ST B20-0512 ADU R 0 1 2/10/2021 1 0 N Y Annual ADU survey 009-211-40 220 BERKELEY
WAY B20-0458 ADU R 0 1 2/10/2021 1 0 N Y Annual ADU survey 002-196-02 419 OLIVE ST B20-0467 ADU R 0 1 2/16/2021 1 0 N Y Annual ADU survey 009-342-09 205 HAMMOND
AVE B20-0428 ADU R 0 1 2/23/2021 1 0 N Y Annual ADU survey 003-201-65 327 JOHN ST B20-0485 ADU R 0 1 2/25/2021 1 0 N Y Annual ADU survey 004-012-08 125 VAN NESS
AVE B20-0441 ADU R 0 1 2/25/2021 1 0 N Y Annual ADU survey 001-111-52 109 HILLCREST
TER B20-0272 SFD O 0 1 3/4/2021 1 0 N Y
006-161-03 329 HIGH ST B20-0490 ADU R 0 1 3/8/2021 1 0 N Y Annual ADU survey 009-152-41
1141 N

BRANCIFORTE
AVE
B20-0290 ADU R
0 1 3/15/2021 1 0 N Y Annual ADU survey
011-121-06 619 SUMNER ST B19-0730 SFD R 0 1 3/17/2021 1 0 N Y 011-121-06 619 SUMNER ST B19-0731 2 to 4 R 0 1 1 3/17/2021 2 0 N Y INC 1000 009-123-07 161 FAIRLAND
WAY B20-0496 ADU R 0 1 3/31/2021 1 0 N Y Annual ADU survey 004-274-25 132 LAGUNA ST B20-0352 ADU R 0 1 4/8/2021 1 0 N Y Annual ADU survey 003-101-19 136 ANDERSON
ST B20-0102 ADU R 0 1 4/26/2021 1 0 N Y Annual ADU survey 002-221-21 206 GLOVER ST B20-0448 ADU R 0 1 4/27/2021 1 0 N Y Annual ADU survey 008-251-05 130 GLENWOOD
AVE B19-0035 ADU R 0 1 4/29/2021 1 0 N Y Annual ADU survey 009-234-50
1050 N

BRANCIFORTE
AVE
B20-0001 ADU R
0 1 4/29/2021 1 0 N Y Annual ADU survey
009-071-04 623 SAN JUAN
AVE A B20-0245 ADU R 0 1 5/3/2021 1 0 N Y Annual ADU survey 011-062-12 916 SUMNER ST
B B20-0276 SFD R 0 1 5/3/2021 1 0 N Y
006-403-01 217 MISSION ST B20-0244 ADU R 0 1 5/4/2021 1 0 N Y Annual ADU survey 004-042-41 113 LAURENT
ST B19-0734 ADU R 0 1 5/5/2021 1 0 N Y Annual ADU survey 006-111-20 1053 ESCALONA
DR B17-0685 ADU R 0 1 5/10/2021 1 0 N Y Annual ADU survey 005-152-13 100 LAUREL ST B20-0433 5+ R
0 205 5/18/2021 205 0 N Y
This project provided a
land swap in lieu of
inclusionary units.
009-282-28 507 PARK WAY B20-0405 ADU R 0 1 5/20/2021 1 0 N Y Annual ADU survey 006-181-42 1402 BAY ST B20-0551 ADU R 0 1 5/28/2021 1 0 N Y Annual ADU survey 011-066-09 813 WINDSOR
ST B20-0357 ADU R 0 1 6/7/2021 1 0 N Y Annual ADU survey 009-043-31 339 GOSS AVE B20-0328 ADU R 0 1 6/15/2021 1 0 N Y Annual ADU survey 006-112-03 617 LAURENT
ST B21-0058 ADU R 0 1 6/16/2021 1 0 N Y Annual ADU survey 006-211-10 316 OTIS ST B B20-0289 ADU R 0 1 6/16/2021 1 0 N Y Annual ADU survey 004-262-24 133
CENTENNIAL ST B21-0045 ADU R 0 1 6/24/2021 1 0 N Y Annual ADU survey 002-112-42 123 CRESPI CT B20-0508 ADU R 0 1 6/28/2021 1 0 N Y Annual ADU survey 008-262-12 116 CURTIS ST B20-0558 SFD O 0 1 6/30/2021 1 0 N Y 008-332-27 448 MAY AVE B20-0404 2 to 4 R 0 4 7/8/2021 4 0 N Y 003-254-02 227 CHICO AVE B21-0027 ADU R 0 1 7/12/2021 1 0 N Y Annual ADU survey 004-182-16 113 PLATEAU
AVE B21-0213 ADU R 0 1 7/12/2021 1 0 N Y Annual ADU survey 004-182-13 125 PLATEAU
AVE B21-0135 SFD O 0 1 7/13/2021 1 0 N Y
008-341-30 117
CARBONERA CT B19-0617 ADU R 0 1 7/13/2021 1 0 N Y Annual ADU survey 006-212-08 123 PEYTON ST B21-0066 ADU R 0 1 7/14/2021 1 0 N Y Annual ADU survey 002-411-09 137 WESTMOOR
CT B20-0457 ADU R 0 1 7/19/2021 1 0 N Y Annual ADU survey 003-102-14 712 ALMAR AVE B20-0420 ADU R 0 1 7/21/2021 1 0 N Y Annual ADU survey 003-142-21 127 SEASIDE ST B21-0005 ADU R 0 1 7/21/2021 1 0 N Y Annual ADU survey 009-264-08 510 PACHECO
AVE B21-0006 ADU R 0 1 7/22/2021 1 0 N Y Annual ADU survey 002-123-02 523 ARROYO
SECO B21-0111 ADU R 0 1 7/28/2021 1 0 N Y Annual ADU survey 003-223-05 420 OXFORD
WAY B20-0504 ADU R 0 1 7/29/2021 1 0 N Y Annual ADU survey 009-341-13 203 SAN JUAN
AVE B21-0023 ADU R 0 1 7/29/2021 1 0 N Y Annual ADU survey 008-215-27 403 GRANT ST B20-0100 ADU R 0 1 8/2/2021 1 0 N Y Annual ADU survey 004-102-22 722 SEASIDE ST B21-0013 ADU R 0 1 8/9/2021 1 0 N Y Annual ADU survey 011-132-18 431 CLINTON ST B20-0279 ADU R 0 1 8/11/2021 1 0 N Y Annual ADU survey 004-601-12 324 CALIFORNIA
ST BLD 1 B21-0076 ADU R 0 1 8/18/2021 1 0 N Y Annual ADU survey 004-601-12 326 CALIFORNIA
ST BLD 2 B21-0078 ADU R 0 1 8/18/2021 1 0 N Y Annual ADU survey 004-601-12 328 CALIFORNIA
ST BLD 3 B21-0079 ADU R 0 1 8/18/2021 1 0 N Y Annual ADU survey 002-591-28 185 WESTVIEW
CT B21-0117 SFD O 0 1 8/24/2021 1 0 N Y
011-321-08 160 HARMONY
CT B B21-0265 ADU R 0 1 8/26/2021 1 0 N Y Annual ADU survey 008-322-36 124 COLOMA ST
7 B21-0221 SFA R 0 1 8/31/2021 1 0 N Y
008-322-36 124 COLOMA ST
8 B21-0220 SFA R 0 1 8/31/2021 1 0 N Y
002-622-07 150 BALDWIN ST
A B19-0366 ADU R 0 1 9/7/2021 1 0 N Y Annual ADU survey 004-263-31 221 NEVADA ST B21-0086 ADU R 0 1 9/7/2021 1 0 N Y Annual ADU survey 006-332-10 429 VAN NESS
AVE A B21-0158 ADU R 0 1 9/9/2021 1 0 N Y Annual ADU survey 008-154-15 222 JACKSON
ST A B21-0144 ADU R 0 1 9/9/2021 1 0 N Y Annual ADU survey 010-166-37 122 OCEAN ST B21-0096 ADU R 0 1 9/14/2021 1 0 N Y Annual ADU survey

31.71 004-263-06 135 LIBERTY ST B21-0203 ADU
R
0 1 9/16/202110NY Annual ADU survey
003-275-18 134 MERCED
AVE B21-0292 ADU
R
0 1 9/21/202110NY Annual ADU survey
004-141-12 434 DUFOUR ST B21-0163 ADUR
0 1 9/23/202110NY Annual ADU survey
011-133-07 124 GLENVIEW
ST A B20-0101 ADU
R
0 1 9/23/202110NY Annual ADU survey
011-161-08 115 HALL ST A B21-0313 ADUR
0 1 9/23/202110NY Annual ADU survey
002-161-27 130 SCENIC ST B20-0499 ADUR
0 1 9/30/202110NY Annual ADU survey
002-193-04 1214 KING ST A B21-0262 ADUR
0 1 10/4/202110NY Annual ADU survey
008-202-42 217 BERRY ST 1 B21-0216 ADUR
0 1 10/7/202110NY Annual ADU survey
008-202-42 217 BERRY ST 2 B21-0217 ADUR
0 1 10/7/202110NY Annual ADU survey
008-202-42 217 BERRY ST 3 B21-0218 ADUR
0 1 10/7/202110NY Annual ADU survey
008-202-42 217 BERRY ST 4 B21-0219 ADUR
0 1 10/7/202110NY Annual ADU survey
008-491-33 180 ISBEL DR B21-0237 ADUR
0 1 10/7/202110NY Annual ADU survey
008-491-33 180 ISBEL DR B21-0102 SFDO
0 1 10/7/202110NY
001-141-17 105 LONGVIEW
DR B21-0017 SFD
O
0 1 10/11/202110NY
003-302-04 307 OXFORD
WAY A B21-0393 ADU
R
0 1 10/19/202110NY Annual ADU survey
009-012-21 636 MARKET ST A B21-0311 ADUR
0 1 10/19/202110NY Annual ADU survey
009-141-35 510 MARKET ST A B21-0145 ADUR
0 1 10/19/202110NY Annual ADU survey
004-242-11 218 SANTA
CRUZ ST B21-0026 ADU
R
0 1 10/21/202110NY Annual ADU survey
004-103-12 120 MASON ST B21-0185 ADUR
0 1 10/25/202110NY Annual ADU survey
009-271-07 415 PACHECO
AVE A B21-0040 ADU
R
0 1 10/25/202110NY Annual ADU survey
006-152-27 240 PEYTON ST B20-0442 ADUR
0 1 10/27/202110NY Annual ADU survey
004-241-16 516 LIBERTY ST B20-0311 ADUR
0 1 11/3/202110NY Annual ADU survey
004-263-22 126
CENTENNIAL ST B21-0271 ADU
R
0 1 11/8/202110NY Annual ADU survey
002-294-27 145 CALVIN PL B20-0192 ADUR
0 1 11/16/202110NY Annual ADU survey
006-102-16 1034 LAURENT
ST A B21-0388 ADU
R
0 1 11/17/202110NY Annual ADU survey
004-471-32 254

YOUNGLOVE
AVE
B20-0122 ADUR
0 1 12/8/202110NY Annual ADU survey
007-111-03 324 MAIN ST B20-0105 ADUR
0 1 12/15/202110NY Annual ADU survey
002-151-68 431 ALTA VISTA
DR B19-0725 ADU
R
0 01 1/13/20211NY Annual ADU survey
003-094-14 1011 FAIR AVE B16-0534 ADUR
0 01 1/13/20211NY Annual ADU survey
008-262-40 320 GRANT ST B19-0473 SFDO
0 01 1/28/20211NY
003-182-21
241

SACRAMENTO
AVE
B19-0281 ADUR
0 01 2/16/20211NY Annual ADU survey
009-211-45 242 BERKELEY
WAY B17-0365 ADU
R
0 01 2/25/20211NY Annual ADU survey
009-341-20 224 PACHECO
AVE B19-0368 ADU
R
0 01 3/2/20211NY Annual ADU survey
004-234-26 116 GHARKEY
ST B19-0408 SFD
O
0 01 3/11/20211NY
010-114-05 1028
BROADWAY B20-0164 ADU
R
0 01 3/11/20211NY Annual ADU survey
003-242-03 411 WOODROW
AVE B18-0452 SFD
O
0 01 3/15/20211NY1
010-072-47
324

PENNSYLVANIA
AVE TO 326
B16-0678 SFDO
0 01 3/22/20211NY1
004-012-08 125 VAN NESS
AVE B20-0441 ADU
R
0 01 4/5/20211NY Annual ADU survey
009-162-35 111
CHILVERTON ST B20-0465 ADU
R
0 01 5/5/20211NY Annual ADU survey
009-043-31 339 GOSS AVE B20-0328 ADUR
0 01 7/13/20211NY Annual ADU survey
010-192-27 603 SEABRIGHT
AVE B20-0331 ADU
R
0 01 7/29/20211NY Annual ADU survey
004-043-12 1206 BAY ST B20-0341 ADUR
0 01 8/10/20211NY Annual ADU survey
001-172-21 319 GOLF CLUB
DR B19-0043 SFA
O
0 01 8/18/20211NY
001-172-21 321 GOLF CLUB
DR B19-0044 SFA
O
0 01 8/18/20211NY
001-172-21 323 GOLF CLUB
DR B19-0046 SFA
O
0 01 8/18/20211NY
001-172-21 325 GOLF CLUB
DR B19-0045 SFD
O
0 01 8/18/20211NY
001-172-21 327 GOLF CLUB
DR B19-0048 SFA
O
0 01 8/18/20211NY
001-172-21 329 GOLF CLUB
DR B19-0047 SFA
O
0 01 8/18/20211NY
001-172-21 331 GOLF CLUB
DR B19-0050 SFA
O
0 01 8/18/20211NY
001-172-21 333 GOLF CLUB
DR B19-0049 SFA
O
0 01 8/18/20211NY
005-273-11 216 DAKOTA
AVE B18-0466 ADU
R
0 01 8/25/20211NY Annual ADU survey
010-072-21 819 CAYUGA ST B16-0060 SFDO
0 01 8/30/20211NY
009-021-43
1424 N

BRANCIFORTE
AVE
B18-0629 ADUR
0 01 9/17/20211NY Annual ADU survey
008-251-05 130 GLENWOOD
AVE B19-0035 ADU
R
0 01 9/29/20211NY Annual ADU survey
006-181-42 1402 BAY ST B20-0551 ADUR
0 01 10/19/20211NY Annual ADU survey
002-152-09 602 MIRAMAR
DR A B20-0356 ADU
R
0 01 10/27/20211NY Annual ADU survey
004-261-27 312 COLUMBIA
ST B19-0593 ADU
R
0 01 11/2/20211NY Annual ADU survey
011-066-09 813 WINDSOR
ST B20-0357 ADU
R
0 01 11/29/20211NY Annual ADU survey
002-221-21 206 GLOVER ST B20-0448 ADUR
0 01 12/6/20211NY Annual ADU survey
009-091-06 135 CAMINO
DEL SOL B20-0507 ADU
R
0 01 12/8/20211NY Annual ADU survey
009-212-31 831 WATER ST 20-0121 5+R 55 85 12/16/2021
140
00YY LIHTC, PBS8, Other DB, INC 50.0%7
On-Site
Improvements,
Development
Standards
Modification
No
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Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1- Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015
- 12/31/2023 (CCR Title 25 §6202)

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00 Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1- Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015
- 12/31/2023 (CCR Title 25 §6202)

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- 12/31/2023 (CCR Title 25 §6202)

31.74 0 0 0
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Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202)

31.75 Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Please contact HCD if your data is different than the material supplied here Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 2 3 4
Income Level RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units toDate (all years) Total Remaining
RHNA by Income
Level
Very Low
Deed Restricted 180 5 1 - 6 45 - - - -
57 123
Non-Deed Restricted - - - - - - - - -
Low
Deed Restricted 118 7 15 13 47 17 - 2 - -
282 -
Non-Deed Restricted - - - 6 51 43 81 - -
Moderate
Deed Restricted 136 - - - - - - - - -
233 -
Non-Deed Restricted 39 112 41 1 16 24 - - -
Above Moderate 313 94 44 109 90 26 12 228 - - 603 -
Total RHNA 747
Total Units 145 172 163 150 155 79 311 - - 1,175 123
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.

Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].

31.76 Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Project Identifier Date of Rezone RHNA Shortfall by Household Income Category Rezone Type Sites Description 1 2 3 4 5 6 7 8 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning MinimumDensity Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of ExistingUses
Summary Row: Start Data Entry Below

31.77 ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Jurisdiction Santa Cruz
Reporting Year 2021 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1.1 Provision of Adequate
Sites
Maintain an inventory of available vacant
and underutilized sites that can
accommodate new housing.

Update annually Annual update scheduled for August 2022.

1.1 Provision of Adequate
Sites
Require the preparation of Specific
Plans or Area Plans for larger
developable residential areas identified
in the Land Use Element.

Prior to development
approval
Planned development project completed on Golf Club Drive providing affordable supportive housing for developmentally disabled individuals. Some discussion occuring related to a potential project on the Swenson parcel by Antonelli Pond.

1.1 Provision of Adequate
Sites
Continue to require housing production
goals for the larger housing opportunity
sites described in the Land Use Element.

Ongoing Ongoing, continuing to review applications to promote housing production.

1.2 Mixed Use
Developments
Establish mixed-use development
standards to encourage housing along
transit corridors, including density
levels, parking and open space
requirements, and other development
standards.
2015-2017 Work on this item should be completed by mid-2022. Work began in Fall of 2020, funded by a grant through SB 2.

1.2 Mixed Use
Developments
Examine the possibility of utilizing
graduated density for mixed-use
development.
2015-2017
Determined that too many variables existing to have blanket policy, particularly related to parcel depth adjacent to lower density neighborhoods. Currently utilizing for deeper parcels. Included in the Ocean Street Area Plan.

31.78 1.2 Mixed Use
Developments
Encourage the redevelopment of
existing single-story commercial
buildings to include upper story
residential units, where feasible.

Ongoing
Ongoing, several recent projects included in Table A2 either add units above an existing single-story building or replace a single-story building with a taller, mixeduse building.

1.2 Mixed Use
Developments
Encourage the redevelopment of
existing projects with large parking lots
to add housing units above existing
development, taking advantage of
shared parking potentials.

Ongoing
There are currently several projects in the pipeline that would redevelop parking lots to add mixed use projects with significant amounts of affordable housing: the Pacific Station North (902 Pacific Ave.) and Paciic Station South (818 Pacific Ave.) projects, the Cedar Street Family Apts. (532 Center St.) and the Library Mixed Use Project (119 Lincoln St.). A building permit application was submitted for Pacfic Station South in 2021 and an application for entitlements was submitted for Pacific Station North in 2021. While neither of the other projects submitted applications in 2021, both are expected to do so in 2022.

1.3 Alternative Housing
Types
Create and/or revise development
standards for co-housing, live/work, and
other alternative and appropriate
housing types that respond to Santa
Cruz’s diverse population and housing
needs.
2018-2020
This continues to be a goal; however, several live/work projects are underway using the current standards. ADU standards were updated in 2020 to comply with changes in State law, although additional updates are now needed to comply with the latest State law updates. In addition, the City's Density Bonus and Inclusionary Ordinances were updated in 2020 to comply with changes in State law. The City is considering changes to small units (see below), and will be creating some requirements for Live-Work units through the Objective Standards process described above.

1.3 Alternative Housing
Types
Continue to implement the ADU program
and monitor the effect of ordinance
revisions on neighborhood vitality.

Annually
ADUs continue to be one of the City's most prolific development types. The City continues to implement and update the ADU ordinance, both to comply with State law changes and to encourage additional ADU development.

1.3 Alternative Housing
Types
Examine development regulations to
identify potential barriers to the
development of alternative types of
housing and, if such barriers are found,
develop actions to remove or modify
them as feasible.
2016-2018
In 2021, the City reviewed the SRO (Single-Room Occupancy) and SOU (Small Ownership Units) ordinances and proposed a revision that would combine these ordinances to a single ordinance for small units. The proposed revisions are still in process.

1.3 Alternative Housing
Types
Encourage the State to recognize
appropriate non-traditional housing
types as housing types.

Ongoing While the City's lobbyist includes this in their scope of work, the State has been looking into ways to encourage housing, both traditional and non-traditional.

31.79 1.4 Planned Development
Permit
Examine the minimum lot size
requirement for Planned Development
Permits and consider amending the
Zoning Ordinance to allow PD Permits
on smaller infill lots if appropriate.
2015-2018
This continues to be a goal, however, the intense workload and low staff levels for the department have moved this as a priority. It will likely occur in the 2020-2023 timeframe.

1.4 Planned Development
Permit
Examine parking requirements and other
regulatory constraints that may deter the
development of Planned Developments.

Initiate study within 1 year of adoption of
the Housing Element.
2016-2018
The City revised its parking standards for all development in 2020 to lower parking requirements, with revisions within the Coastal Zone certified by the California Coastal Commission in 2021.

1.5 Development Review
Process
Work with the development community
to continue to streamline the project and
design review processes to provide a
greater level of certainty in the outcome
of housing proposals.
2016-2019
The City adopted a new Public Outreach policy in 2018 that requires larger projects to meet with the community early in the development process to ensure community input, providing more certainty to developers who respond to community comments.

1.5 Development Review
Process
Periodically audit the effectiveness of
the development review process to
promote efficiency and predictability.

Biannually
New audit under consideration. Process mapping for project entitlements and building permits occurred in 2021, along with consultation on process flows with software providers in anticipation of permit trackig system upgrades, anticipated to begin in 2022.

1.5 Development Review
Process
Review the existing development fee
structure, including water and sewer
connection fees, to determine if the
current structure is appropriate and
equitable.
2017-2018 Some fees, particularly for ADUs, have already been adjusted while a city-wide fee study is being considered.

1.5 Development Review
Process
Review and adjust the fee structure for
Single Occupancy Units and propose
changes for City Council consideration
as necessary.
2017-2018 Concluded.

1.5 Development Review
Process
Review the development standards in
the Zoning Ordinance and consider
impediments to housing development.
2015-2018
Initial review has been concluded, with tasks to be undertaken as time permits.

Some of these items will be addressed and impediments removed as the Objective Standards are incorporated in the Municipal Code this year.

1.5 Development Review
Process
Consider revising the Zoning Ordinance
to reflect policies of the General Plan
2030 that would remove or lessen
constraints on housing development.
2015-2017
Underway. Specific revisions include modifications to the Slope Regulations, to which permits require public hearings and at what hearing body, and objective development standards.

31.80 1.6 Public Education and
Participation
Continue to provide accurate and clear
information to the public and the
development community about City
policies and the development review
process and make such information
available at the public counter.

Ongoing
The City adopted a new Public Outreach policy in 2018 that clarifies what projects require public outreach and the various forms it should take. Meetings are scheduled multiple times per year with the development community to understand how communications can be improved. Website updates are continuous and ongoing, with a process to post information about projects currently under review, providing additional information to the public.

1.6 Public Education and
Participation
Continue to develop educational
materials such as brochures and videos
that provide information on the
development process, planning, and
housing issues as programs change.

Ongoing Ongoing, particularly as ordinances are revised and updated.

1.6 Public Education and
Participation
Continue to ensure that information is
accessible and available to all members
of the community on the City’s web page
and at the public counter.

Ongoing
Ongoing, with updates particularly related to ordinance revisions occuring throughout the process. The Planning Department has developed a new process to provide information about current projects on the website. In addition, people can sign up to be notified when projects related to specific topics are being reviewed or going to public hearings.

1.7 Mixed Income Projects
Develop zoning tools to provide
incentives to the development of mixed
income projects.
2015-2017
Included in Inclusionary Ordinance, can be required through development agreements. The City's Inclusionary and Density Bonus Ordinances are updated regularly, including both in 2019 and 2020.

2.1 Affordable Housing
Ordinance
Revise the Inclusionary Housing
Ordinance to reflect recent legal
decisions.
2017-2018 Completed 2018, updated in 2020.

2.1 Affordable Housing
Ordinance
Review the Small Ownership Unit and
Single Room Occupancy Ordinances to
consider ways to make them more
effective in today's market.
2017-2018
In 2021, the City reviewed the SRO (Single-Room Occupancy) and SOU (Small Ownership Units) ordinances and proposed a revision that would combine these ordinances to a single ordinance for small units. The proposed revisions are still in process.

2.1 Affordable Housing
Ordinance
Prioritize a portion of public housing
funds for the extremely low income
household housing category.

Annually Ongoing. Recent projects include the Library Mixed Use project, 818 Pacific Ave, and 902 Pacific.

2.2 Regulatory and
Financial Incentives
Identify residential projects for City
financial or regulatory incentives subject
to City Council approval.

Annually
Ongoing. Generally, it takes several years to accumulate sufficient funds to provide incentives. Recent incentives were granted to the 902 Pacific Avenue and 818 Pacific Avenue affordable housing projects.

2.2 Regulatory and
Financial Incentives
Explore the possibility of establishing a
Real Estate Transfer Tax to help fund
affordable housing.
2016-2019
The City considered taking an initiative for a Real Estate Transfer Tax to the voters in 2018 but determined not to at that time as there were several other City and County tax measures on the ballot.

31.81 2.2 Regulatory and
Financial Incentives
Explore the potential of dedicating a
portion of TOT, either existing or new
percentage, for affordable housing.
2016-2019
The City considered considered taking a measure to the voters to increae the TOT to set aside a portion for affordable housing in 2018 but determined not to at that time as there were several other City and County tax measures on the ballot.

2.2 Regulatory and
Financial Incentives
Direct City lobbyists to concentrate on
legislation that would help fund
affordable housing.

Annually That is currently part of the direction given to the City's lobbyist, and the Governor has recently dedicated funding for housing, including affordable housing.

2.2 Regulatory and
Financial Incentives
Encourage "citizen lobbyists" on issues
related to housing, particularly
affordable housing.

Annually
Ongoing, part of the work included by the Housing Blueprint Subcommittee of the City Council. New Council Community Outreach Policy encourages broader citizen participation.

2.3 Density Bonus
Program
Amend the density bonus ordinance to
reflect findings from recent court cases.
2015-2016 Completed 2018, revised in 2020.

2.3 Density Bonus
Program
Continue to implementation of the
density bonus ordinance 2015-2023
The City continues to update the Density Bonus Ordnance to comply with changes in State Density Bonus law, including Ord. 2017-20 in 2017, Ord. 2018-10 in 2018, and Ord. 2020-23 in 2020.

2.3 Density Bonus
Program
Evaluate and revise the City residential
development standards to ensure
housing projects can be built at the
maximum density allowed under the
underlying district.
2017-2018
Original update completed 2017. With new State requirements, new updates will be completed in 2022. In 2021, the City approved increased in the number of affordable supportive units allowed by right under AB2162 to 100 units for one project and 120 units for another. More work to be done regarding development agreements anticipated in the 2021-2023 time period.

2.3 Density Bonus
Program
Continue to encourage public-private
housing partnerships as a means to
incentivize the production of affordable
housing and build local capacity to
manage such projects.

Annually Ongoing.

2.3 Density Bonus
Program
Explore creative approaches to
developing and financing affordable
housing in partnership with private
developers.
2016-2019 Occurs on a case-by-case basis with development of affordable housing projects.

2.5 Preservation of
Housing Opportunities
Continue implementation of the
Condominium Conversion Ordinance. Ongoing Ongoing, basic task of Planning Department for condominimum conversionprojects.

2.5 Preservation of
Housing Opportunities
Maintain current mobile home rent
stabilization and conversion regulations
to preserve 360 mobile homes in parks
in the community.
2015-2023 Ongoing.

31.82 2.6 Preservation of At-Risk
Affordable Housing
Work with interested agencies and
community organizations to preserve atrisk units by monitoring their status, providing technical and/or financial
assistance in return for extended
affordability controls, and ensuring
proper tenant notification prior to
project conversion.

Annually
The City works with the Housing Authority to help preserve at-risk units. Many units that appear to be at risk are part of a Section 8 program, which renews every five years. The City works with individual property owners to provide incentives to maintain affordability.

2.6 Preservation of At-Risk
Affordable Housing
Assist projects approved by City
Council in return for extensions of their
affordability controls for as long as
feasible.
2015-2023
The Economic Development Department works with property owners to extend affordability agreements whenever possible. In 2021, the Arbor Cove Senior Housing project completed their rehabilitation of 22 units. This included critical and non-critical rehabilitation with most tenants not needing temporary relocation during the repairs.

3.1 Housing for Families
with Children
Work with nonprofit organizations to
identify proposed housing projects
suitable to families with children and
consider providing financial assistance,
subject to availability and City Council
approval, to facilitate and encourage
their development.
2015-2023
The City's population of families with children is shrinking, so the need for that housing type can generally be met by the current development market. That said, City-sponsored affordable housing projects include some 2+ bedroom units that can accommodate families. Staff will continue to evaluate if additional family housing is needed that is not being met by the development market, and the City will look into working with nonprofit organizations to provide this housing type.

The City's Security Deposit Program, funded with ~$200,000 reallocation of relocation expense funding from the State HCD, sponsored by the City of Santa Cruz and administered by the County Housing Authority, frequently provides security deposits for low income families with children. This funding must be used before July 1, 2023 to accommodate State HCD-requested timeframe. Recent policy considerations related to Flexible Density Units can facilitate production of small, two-bedroom units that can accommodate small families.

3.1 Housing for Families
with Children
Encourage the development of child
care opportunities in conjunction with
residential development.
2015-2023
For projects that include family-style housing, the City encourages the provision of childcare facilities onsite. A child care impact fee was added to the City's fee schedule in 2021 that will be used to perform a facilities analysis and to directly invest in child care facilities. An anticipated project that includes a new public library, parking garage, and 100 to 125 units of affordable housing will also include a child care facility onsite.

3.2 Children and Youth
Development
Continue to assist nonprofit and forprofit organizations that provide services to children, youth, and families
with children.
2015-2023 The City funds a number of social service organizations through its annual budget.

31.83 3.2 Children and Youth
Development
Encourage the establishment of child
care centers in appropriate locations. 2015-2023 Ongoing. See also row 53 above

3.3 Continuum of Care
Continue to implement current programs
aimed at the reduction and the
prevention of homelessness.
2015-2023
The City is actively working with other local jurisdictions to address homelessness and prevention. In addition, the City created a new position to address homelessness within the City.

3.3 Continuum of Care
Participate with other Santa Cruz County
communities and organizations in
implementing "All In - Toward a Home
for Every County Resident, the Santa
Cruz County Community’s Strategic
Plan to Prevent, Reduce, and Eventually
End Homelessness."
2015-2023
The City is actively working with other local jurisdictions to address homelessness and prevention. In addition, the City created a new position to address homelessness within the City.

3.4 Supportive Living
Housing Services
Continue supporting organizations in
maintaining permanent supportive
housing and providing assistance to
special needs groups.

Annually The City funds a number of social service organizations through its annual budget.

3.4 Supportive Living
Housing Services
Encourage the location of permanent
supportive housing for the able-bodied
in residential settings or other locations
readily accessible to public amenities,
public transit, shopping, and supportive
services.
2015-2023
This is an ongoing process. Several projects are currently in the pipeline, including 119 Coral St., which will provide 120 units of supportive housing, and City-sponsored project at 818 Pacific Ave. (Pacific Station South), which will reserve 24 units for homeless households or those in danger of becoming homeless. Another City-sponsored project at 902 Pacific Ave. (Pacific Station North, 95 units) will contain a minimum of 25% of the project as supportive housing units. The 100% affordable housing project at 532 Center St. (Cedar St Apartments) will also be providing 25% of the 65 unit project for supportive housing. Another 100% affordable housing project at 314 Jessie St. (Jessie St Apartments) will have 25% of the 50 unit project for supportive housing.

3.4 Supportive Living
Housing Services
Amend the Zoning Ordinance to permit
transitional and supportive housing as a
residential use subject only to those
restrictions that apply to other
residential uses of the same type in the
same zone.
2016-2017 Completed 2016.

3.5 Student Housing
Continue to collaborate with UCSC on
ways to increase the supply of student,
faculty, and staff housing serving the
University campus.
2015-2023 Ongoing.

31.84 3.5 Student Housing
Promote housing strategies that reflect
student housing needs including
affordability and the siting of high
density apartments and townhouses
along transit corridors.
2015-2023
Ongoing. In addition, the City is strongly encouraging the University to provide additional student housing on campus. The University is currently updating its Long Range Development Plan for the next 20 years and will need to address student housing within the plan.

3.5 Student Housing
Support State and federal legislation
that would advance the housing goals of
the community such as increasing the
funding for housing at University of
California campuses.
2015-2023
The City's lobbyist, citizen lobbyists, and local politicians including City Council support increasing funding for student housing at the State level at an ongoing level.

3.5 Student Housing
Explore innovative methodologies for
development funding models and
delivery methods for new housing.
2016-2020 Ongoing.

3.5 Student Housing
Continue to administer the City's Rental
Inspection Program to ensure
maintenance of a healthy and safe rental
housing stock.

Annually
This is an ongoing program and one of the Code Enforcement Division's signature programs. Through this program, many units continue to be upgraded to meet basic life/safety standards.

3.6 Housing for Persons
with Disabilities
Work with other Santa Cruz County
jurisdictions and the County Housing
Authority to support the compilation and
publicizing of housing accessible to
persons with disabilities.
2015-2023 Ongoing, including through work on the homelessness issues.

3.6 Housing for Persons
with Disabilities
Work with non-profit organizations to
develop housing for persons with
disabilities.

Ongoing Ongoing, with both the 708 Water St. project completed in 202 and the 335 Golf Club Dr. project largely completed in 2021.

3.6 Housing for Persons
with Disabilities
Develop procedures to provide
reasonable accommodations for
persons with disabilities in land use and
zoning.
2016-2017
This is included in the Zoning Ordinance, with specific accommodations determined on a case-by-case basis dependent on the physical conditions of the property.

3.7 Housing and
Community Development
Program
Continue funding nonprofit human
service and housing development
organizations through the City’s
Housing and Community Development
Program subject to funding availability
and City Council approval.
2015-2023 The City funds a number of social service organizations through its annual budget.

31.85 4.1 Housing Choice
Vouchers
Work with Santa Cruz County
jurisdictions and interested community
organizations to continue to advocate
for a payment standard that keeps pace
with changes in market rents.

Ongoing HUD updated the payment standard in 2018.

4.1 Housing Choice
Vouchers
Encourage property owners to accept
Section 8 tenants. Ongoing
Ongoing. The Planning and Economic Development Departments have a program to help ADU and other property owners to use the Section 8 program. The City cosponsors a landlord incentive program to cover any property damage from low income tenants beyond what is covered by the deposit.

4.2 Rental Assistance
Continue program implementation and
assist households with security deposit
and last month’s rent and/or emergency
rent assistance.

Annually
The City works with the Housing Authority to provide tenant-based rental and security deposit assistance. The City also provides Red Cross funds to the Community Action Board for emergency rent assistance for extremely low income tenants.

4.3 Mortgage Credit
Certificate
Continue to support the program and
encourage the assistance of up to three
households each year.

Annually This program was previously funded through Redevelopment funding. With the dissolution of Redevelopment, the City has not been able to fund the program.

4.4 Grant Application
Program
Investigate and apply for funds available
through State housing programs that
help meet the housing needs of Santa
Cruz residents.

Annually The City regularly reviews available State grant funding opportunities and applies for those for which the City is eligible.

4.4 Grant Application
Program
Continue to investigate and apply for
additional sources of funding for new
housing and supportive services.

Annually The City regularly reviews available State and federal grant funding opportunities and applies for those for which the City is eligible.

4.4 Grant Application
Program
Annually review and apply for
appropriate funding resources for new
housing and supportive services.

Annually The City regularly reviews available State and federal grant funding opportunities and applies for those for which the City is eligible.

4.5 Fair Housing Services Complete Fair Housing Plan and implement strategies. Annually
The Fair Housing Plan is updated every five years. The City is working to update the plan to line-up with the next Housing Element cycle and/or the next Consolidated Plan.

4.5 Fair Housing Services
Continue to provide free legal
assistance to low income residents
through California Rural Legal
Assistance and to provide contact
information for other free and low-cost
legal services.

Annually Ongoing.

31.86 5.1 Code Enforcement Continue to implement code
enforcement program.

Ongoing This is a basic function of the Code Enforcement Division.

5.1 Code Enforcement
Conduct targeted code enforcement
efforts in concert with the Beach/South
of Laurel Comprehensive Area Plan and
the HUD target areas.

Ongoing Ongoing.

5.1 Code Enforcement Consider expanding the Target Areas for proactive code enforcement efforts. 2015-2023 With the current housing crisis, in general, areas that used to be less well-kept arenow upgrading. The Code Enforcement Division continues to monitor.

5.2 Rental Housing
Inspection Program
Continue to administer the City's rental
inspection program to ensure
maintenance of a healthy and safe rental
housing stock throughout the City.

Annually
This is an ongoing program and one of the Code Enforcement Division's signature programs. Through this program, many units have been and continue to be upgraded to meet basic life/safety standards.

5.3 Housing Rehabilitation
Concentrate limited rehabilitation
program funding where it will provide
the most benefit.

Annually This is always the City's goal.

5.3 Housing Rehabilitation
Projects using rehabilitation program
funding shall explore ways to improve
energy efficiency within the project.
2015-2018 Once life/safety issues have been addressed, energy efficiency is the next most important factor in rehabilitation projects.

5.3 Housing Rehabilitation Explore programs that would assist low income seniors to age in place. 2015-2018 The City partnered successfully with Habitat for Humanity to pilot the My HouseMy Home program, which is now expanding to other communities.

5.4 Beach/South of Laurel
Comprehensive Area Plan
Continue to provide pro-active code
enforcement and other community
development activities for the
Beach/South of Laurel and Lower OceanNeighborhood Revitalization Strategy Areas.

Ongoing Ongoing.

6.1 Water Provision and
Conservation
Continue to require all residential,
commercial and industrial buildings to
be retrofitted completely with lowconsumption plumbing fixtures at the time of sale of the property.

Ongoing
This project has been discontinued as the saturation of water efficient indoor plumbing fixtures, along with the passage of a State bill, SB 407, in 2009 has made this program costly and largely redundent.

31.87 6.1 Water Provision and
Conservation
Continue to implement water
conservation measures and publicize
efforts at the City Hall and on the City’s
Water Conservation Office website at
www.cityofsantacruz.com/departments/
water/conservation
Ongoing Ongoing

6.1 Water Provision and
Conservation
Maintain and implement short- and longterm contingency plans to ensure an adequate water supply for residents and
business.

Ongoing
Ongoing. The City is pursuing a Water Supply Augmentation Strategy, with a portfolio including demand management (conservation), transfers and exchanges, aquifer storage and recovery, and recycled water or desalination in order to ensure a safe, adequate, reliable, affordable, and environmentally sustainable water supply. To support the augmentation strategy, the City has certified an Environmental Impact Report for the Santa Cruz Water Rights Project and is seeking water rights modification with the State Water Resources Control Board to increase the flexibility of the water system by improving the City’s ability to utilize surface water within existing allocations. Additionally, the City is pursuing a capital investment program, the Santa Cruz Water Program, to secure its future water supply portfolio, to improve reliability and resiliency in the face of climate change, and to address aged infrastructure. Finally, as required by California Water Code and to manage risks due to possible future water supply shortages, the City has adopted a Water Shortage Contingency Plan as part of its 2020 Urban Water Management Plan.

6.2 Green Building
Program
Continue the Green Building Program
for design and construction of new
housing.

Ongoing This is one the the Building Division's basic functions.

6.3 Transit Oriented
Development
Continue to facilitate the development of
transit-oriented housing projects
through regulatory concessions,
financial assistance, and zoning.

Ongoing Ongoing.

6.3 Transit Oriented
Development
Link land uses and transportation
systems and promote bicycle- and
pedestrian-friendly neighborhoods.

Ongoing Ongoing.

7.1 Greenhouse Gas (GHG)
Reduction
Encourage the construction of housing
along major transportation corridors and
where alternative transportation is
viable.

Ongoing
This is a basic tenate of the 2030 General Plan and the Zoning Ordinance. Most larger development projects in the past few years have been along major corridors or in the downtown area.

31.88 7.1 Greenhouse Gas (GHG)
Reduction
Adopt and implement key programs
related to housing developed by the
Regional Compact that meet city GHG
reduction goals.
2016-2019 The City has included such reductions through the Green Building reguirements.

7.1 Greenhouse Gas (GHG)
Reduction
Encourage property owners to consider
construction techniques and methods to
reduce and respond to global warming.

Ongoing
The City's Green Building Standards ensure that individual projects include such techniques and methods. The City adopted an electrification ordinance in 2020 that requires new buildings to be 100% electric. The City's electricity is provided by Cental Coast Community Energy (formerly Monterey Bay Community Power), which provides carbon free electricity from renewable and hydropower sources.

7.1 Greenhouse Gas (GHG)
Reduction
Implement tracking and reporting
procedures that meet AB32
requirements and the public interest.
2016-2019 Completed.

7.1 Greenhouse Gas (GHG)
Reduction
Continue to implement the Climate
Adaption Plan. Ongoing
The City updated and adopted the update of the Climate Adaptation Plan in 2018.

The update includes an assessment of social vulnerability to climate change and sea level rise.

7.2 Energy Conservation
Promote efficiency upgrades and
renewable energy projects over the use
of carbon offsets to meet climate
reduction goals.

Ongoing
The City discourages the use of carbon offsets for projects and seeks to achieve all green building standards without use of "carbon credits." Carbon offsets are rarely used, only in limited circumstances when other options are exhausted.

7.2 Energy Conservation Promote solar energy systems on housing projects. Ongoing
The City developed a pilot program and awarded one CBDG grant for a Grid Alternative Low-Income Solar Project for 6 low income households. Three properties/households have had solar installations. ED extended the grant to also allow non-profit installations. MHCAN, a local non-profit providing mental health services, has been identified as a potential recipient. The City has partnered with several Property Assessed Clean Energy (PACE) financing providers to provide a variety of options for financing of solar installations on existing properties.

General Comments:

31.89 Annual Progress Report January 2020
Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculationformulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Description of Commercial Development Bonus
Commercial Development Bonus
Date Approved
1 2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below

31.90 Annual Progress Report January 2020
Jurisdiction Santa Cruz ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+TOTAL UNITS+
Rehabilitation Activity 22 22
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income 22 22

31.91 Jurisdiction Santa Cruz NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Note: "+" indicates an optional field
Reporting Period 2021 (Jan. 1 - Dec. 31)
Cells in grey contain auto-calculation
formulas
Planning Period 5th Cycle 12/31/2015 - 12/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
Summary Row: Start Data Entry Below

31.92 Jurisdiction Santa Cruz
Reporting Period 2021
(Jan. 1 - Dec.
31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
Parcel Identifier
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
Summary Row: Start Data Entry Below
005-151-35 326 Front Street Public Facilities
005-151-48 310 Front Street Public Facilities

31.93 31.94

31.95 31.96

31.97 Note: "+" indicates
an optional field
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
Exempt Surplus
Land 0.101
Exempt Surplus
Land 0.11
ESS REPORT
mentation
2)
Sites

31.98 31.99

31.100

31.101

31.102
Jurisdiction Santa Cruz
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low Deed Restricted 0
Non-Deed Restricted 0
Low Deed Restricted 2
Non-Deed Restricted 81
Moderate Deed Restricted 0
Non-Deed Restricted 0
Above Moderate 228
Total Units 311
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
SFA 3 2 8
SFD 7 11 13
2 to 4 12 6 2
5+ 421 212 0
ADU 2 80 55
MH 0 0 0
Total 445 311 78
Housing Applications Summary
Total Housing Applications Submitted: 144
Number of Proposed Units in All Applications Received: 709 Total Housing Units Approved: 547
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 1
Total Developments Approved with Streamlining 1
Total Units Constructed with Streamlining 0
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas

31.103
Jurisdiction Santa Cruz
Reporting Year 2021 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PRO
Local Early Action Planning
(CCR Title 25 §
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on ho 50515.02 or 50515.03, as applicable.

Total Award Amount $ 285,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Housing Element
Existing Conditions $20,000.00 $0.00
Public Outreach $25,000.00 $0.00
Policies and Objectives $40,000.00 $0.00
CEQA $30,000.00 $0.00
Draft Plan and Final Document $30,000.00 $0.00
Adoption $15,000.00 $0.00
Downtown Expansion
Existing Conditions $20,000.00 $0.00
Public Outreach $25,000.00 $0.00
Draft and Final Expansion Plan $50,000.00 $0.00
CEQA $30,000.00 $0.00
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Completed Entitlement Issued by Affordability Summary
Income Level
Very Low Deed Restricted
Non-Deed Restricted
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low Deed Restricted
Non-Deed Restricted

31.104
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low Deed Restricted
Non-Deed Restricted
Low Deed Restricted
Non-Deed Restricted
Moderate Deed Restricted
Non-Deed Restricted
Above Moderate
Total Units

31.105
Total award amount is auto-populated based on amounts entered in rows 15-26.

Task Status
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Other (Please Specify in Notes)
Current Year
72 0
100
3 0
0 270
445
Current Year
0 0
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
ng and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specifie 285,000.00
ed from Table A2)
ry

31.106
2 81
0 0
228
311
Current Year
0 0
0 44
0 10
24 78
ary

31.107
Other
Funding Notes
None Not started
None Not started
None Not started
None Not started
None Not started
None Not started
REAP Not started
REAP Not started
REAP Not started
REAP Not started
ased on the eligible uses specified in Section

31.108
Table Cell
Table A P:107
Table A P:107
Table A H:111
Table A H:112
Table A H:113
Table A H:114
Table A H:115
Table A H:116
Table A H:117
Table A H:118
Table A H:119
Table A H:120
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Table A H:128
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Table A H:148
Table A H:149
Table A H:150
Table A H:151
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Table A H:153
Table A H:154

31.109
Table A H:155
Table A H:156
Table A2 O:57
Table A2 O:58
Table A2 O:59
Table A2 O:60
Table A2 O:61
Table A2 O:62
Table A2 O:63
Table A2 O:64
Table A2 O:65
Table A2 O:66
Table A2 O:67
Table A2 O:68
Table A2 O:69
Table A2 O:70
Table A2 O:71
Table A2 O:72
Table A2 O:73
Table A2 O:74
Table A2 O:75
Table A2 X:76
Table A2 X:77
Table A2 X:78
Table A2 X:79
Table A2 X:80
Table A2 X:81
Table A2 X:82
Table A2 X:83
Table A2 X:84
Table A2 X:85
Table A2 X:86
Table A2 X:87
Table A2 X:88
Table A2 X:89
Table A2 X:90
Table A2 X:91
Table A2 X:92
Table A2 X:93
Table A2 X:94
Table A2 X:95
Table A2 X:96
Table A2 X:97
Table A2 X:98
Table A2 X:99
Table A2 X:100
Table A2 X:101

31.110
Table A2 X:102
Table A2 X:103
Table A2 X:104
Table A2 X:105
Table A2 X:106
Table A2 X:107
Table A2 X:108
Table A2 X:109
Table A2 X:110
Table A2 X:111
Table A2 X:112
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Table A2 X:114
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Continued on reverse 
ADU Owner Survey
The City of Santa Cruz is collecting some basic information about how ADUs function in the local housing market. Your participation is completely voluntary, and individual responses will be kept anonymous.

Please return by September 30, 2021.
1) How large is your ADU? (If you don’t know exactly, take your best guess.) < 400 square feet
400-500 square feet
501-650 square feet
651-800 square feet
801-1000 square feet
> 1000 square feet
2) How many bedrooms are in your ADU?
 Studio  One bedroom  Two bedrooms  More than two bedrooms 3) How many people live in your ADU?
 1 person  2 people  3 or more people
4) How is your ADU currently used?
Occupied as housing by a member of the primary household (adult child, parent, in-law, etc.) Occupied as housing by a separate household
Vacant/office/storage/other use NOT housing (Skip to question 11) My property no longer has an ADU (You’re done – thank you!) Short term rental/seasonal use by friends and family (Skip to question 11) 5) If your ADU is currently occupied as housing, do you charge rent? Yes No (Skip to question 9)
6) If you charge rent, how much rent do you currently charge per month? $__________________________________
7) Is your ADU subject to an affordability restriction enforced by the City? Yes No I’m not sure.

31.136
8) Do you accept Housing Choice Vouchers (Section 8 tenants)? Yes No
9) Do you currently include any work by the tenant in place of rent or in exchange for a reduction in rent? (i.e. childcare/yardwork/housework/maintenance/home health support, etc.)
Yes No
10) Do your ADU tenants include a part-time or full-time college or university student? Yes No I’m not sure.
11) If your ADU is currently vacant/ used by the primary household/ used as a vacation rental, how do you intend to use it in the next five years?
As housing for a family member/current household member/myself. As housing for a friend/acquaintance.
As housing for a renter currently unknown to me.
As a short term vacation rental.
I intend to continue the current use of the ADU.

31.137
General Plan and
Housing Element
Annual Reports 2021
City of Santa Cruz
City Council
March 22, 2022

31.138
State Reporting Requirements
General Plan Report
Housing Element Report - New
Requirements
Grant Opportunities
Council accepts reports and directs
submission to HCD and OPR
April 1st Deadline

31.139
General Plan Annual Report
2021

31.140
Departmental Implementation

31.141
Housing Element Annual Report 2021
Regional Housing Needs
Allocation (RHNA)
Association of Monterey Bay
Area Governments (AMBAG)
Reporting Period: 2015-2023
Assigned RHNA total 2015-
2023: 747 Units
Draft RHNA total 2024-2032:
3,736

31.142
Housing Element Annual Report 2021
TABLE 1
Permitted Units Issued by Affordability and RHNA Targets Income Level
RHNA
Allocation
by Income
Level
2015 2016 2017 2018 2019 2020 2021
Total
Units to
Date (all
years)
Total
Remaining
RHNA by
Income
Level
Very Low
Deed
Restricted 180
5 1 6 45
57 123 Non-Deed
Restricted
Low
Deed
Restricted 118
7 15 13 47 17 2
282 Non-Deed
Restricted 6 51 43 81
Moderate
Deed
Restricted 136 233 Non-Deed
Restricted 39 112 41 1 16 24
Above
Moderate 313 94 44 109 90 26 12 228 603
Total RHNA 747
Total Units 145 172 163 150 155 79 311 1,175 123

31.143
Housing Element Annual Report 2021
2021 Housing Development Activity*
Income
Level
Planning
Applications
Submitted
Planning
Applications
Approved
Building
Permits
Issued
Building
Permits
Finaled
Very Low 158 72 0 0
Low 212 103 83 44
Moderate 6 0 0 10
Above
Moderate 333 270 228 24
GROSS
TOTAL: 709 445 311 78
*All numbers represent number of housing units.

Individual units may be included in several categories
for 2021.

31.144
Housing Element Annual Report 2021
ADUs:
New ADU survey for 2021
Designed specifically for Annual Report
Both average and median rents calculated support ADUs as Low Income
Many ADUs utilized for family members at low or no rent ADUs also used as guest housing (not short-term rentals) 2021 ADU Survey Results
Number of
Bedrooms
HCD Low
Income Rent
Limits
Mean Rents from
Survey
Median Rents
from Survey
Studio $1,951 $1,320 $1,600
1 Bedroom $2,230 $2,071 $2,100
2 Bedroom $2,500 $2,067 $2,000

31.145
Housing Element Annual Report 2021
Additional Projects:
119 Coral St: total 121 units, final affordability levels pending but anticipated to be 120 VLI units, 1 manager’s unit. Building permit application submitted in December 2021.
818 Pacific Ave (Pacific Station South): total 70 units, 59 VLI, 10 LI, 1 manager’s unit. Building permits for the Pacific Station South project are expected to be issued in April 2022. Cedar St Family Apartments (532 Center St): total 65
units, 35 VLI units, 29 LI, 1 manager’s unit. Planning permit submitted February 2022.
Library Mixed Use Project (119 Lincoln St): 100-125 units, all ELI, VLI, up to 10 LI. Planning application pending.

31.146
SB 35
If RHNA totals (or proportionate share at mid-cycle)
met, City not subject to SB 35 requirements until next
review (cycle end, mid-cycle)
If Above Moderate totals or share met but not Low and
Very Low, City subject to SB 35 for projects with 50% or greater lower income units.
If Above Moderate totals or share not met, City subject to SB 35 for projects meeting the City’s Inclusionary
requirement (so all projects)
Income Level: Number of
VLI Units
Number of LI
Units
Number of
Moderate
Units
Number of
Above
Moderate
Units
Total Units
Draft 6th RHNA
Cycle: 857 562 709 1,606 3,736
Current 5th
RHNA Cycle: 180 118 136 313 747

31.147
Next StepsHousing Element 2024-2032
6th Cycle Housing Element due December
2023
Staff preparing RFP
Previous Housing Elements prepared by
staff; new requirements make that
difficult
May require rezoning to meet 6th Cycle
RHNA

31.148
General Plan and Housing
Element Annual Reports 2021
• RECOMMENDATION: Accept the 2021 General
Plan and Housing Element Annual Progress
Reports and direct staff to submit the reports to
the Governor’s Office of Planning and Research
and the California Department of Housing and
Community Development.

31.149
Housing Element Annual Report 2021
Questions?

31.150
City Council

AGENDA REPORT
DATE: 03/16/2022
AGENDA OF: 03/22/2022
DEPARTMENT: City Manager
SUBJECT: Sidewalk Vending Ordinance, Program, and Resource Request (CM) RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”); and
2) Adopt a resolution creating a new sidewalk vending permit fee required upon issuance of a sidewalk vending permit; and
3) Adopt a resolution to amend the FY 2022 budget to appropriate funds and authorize the City Manager or their designee to complete necessary actions for the resources requested per costs associated with an e-citation platform and devices, permit materials, contract Code Compliance and security staff, and other expenditures; and
4) Direct staff to return to Council with FY 2023 requests, as part of the regular budget and personnel complement change process, to support operational needs for one Senior Code Compliance Specialist, contract Code Compliance staff, contract security staff, and other expenditures.

BACKGROUND: Senate Bill (SB) 946, Sidewalk Vendors, decriminalized sidewalk vending throughout the state. The bill became effective January 1, 2019, and its intent is to promote economic opportunities to low-income and immigrant communities. SB 946 does not allow the City to prohibit sidewalk vendors based on perceived community animus or economic competition; rather, the City may regulate sidewalk vending based on objective public health, safety, and welfare concerns.

SB 946 states, “a [sidewalk vending] violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.” The ability to pay clause reduces all fees to 20% of the original charge if the violator meets the criteria described in Government Code Section 68632(a) or (b), which includes factors such as receiving public benefits under Medi-Cal or CalWORKS.

Since 2019, the City has piloted various sidewalk vending programs along Beach Street, which continues to be a highly popular vending area. The pilot programs allowed staff to understand

32.1 some of the impacts SB 946 has on the local area. Public health and safety concerns observed by staff and the public over the course of the pilot programs include, but are not limited to:
● Complaints involving foodborne illness and pathogens; ● Hampered public accessibility to the beach, sidewalk, benches, trash/recycling cans, and bike racks;
● Concerns for emergency access by fire and police;
● Congested points that caused pedestrians to move onto the street or into bike lanes; ● Aggressive/violent behavior related to vending “turf wars”; ● Congestion in parking areas and near parking meters;
● Excess trash and litter; and
● Other environmental concerns (e.g. stormwater management, illegal discharge into storm drains that lead to the Monterey Bay National Marine Sanctuary).

In summer 2021, the City created a permit program, consistent with SB 946, to permit six (6) street vendors in the beach area. However, the City was not well-equipped to address unpermitted vendors, and upwards of 50 vendors crowded Beach Street, Main Beach, and the surrounding area on any given day. The City fielded complaints from residents and businesses about the significant encroachment of vendors. The sheer number of unpermitted vendors caused significant congestion along an already heavily-used corridor (pedestrians, designated bike lane, vehicular traffic, active rail line, etc.). This forced pedestrians into the bike lane and road which caused unsafe conditions, blocked sidewalks, and impacted public and ADA access.

When consulted, the California Coastal Commission expressed concerns that vendors limited coastal access. In addition, unpermitted vendors improperly disposed of trash by using Cityprovided waste receptacles, discarded boxes and food waste on Main Beach, and discarded food waste into storm drains. This led to major issues with litter on the sidewalk and Main Beach, adjacent to the federally-protected Monterey Bay National Marine Sanctuary. Increased waste management and labor resources led to approximately $115,000 in increased costs to the Parks & Recreation Department. Former Police Chief Andy Mills reported that enforcement of unpermitted vending contributed to $250,000 in Police Department overtime and $300,000 in overtime by the Santa Cruz Department of Public Health. These costs are in addition to time of salaried staff across the offices of Planning and Community Development, the City Manager, and the City Attorney.

As City municipal code is written today, there is no citywide sidewalk vending program except for permits required for vending on City parks and beaches (SCMC 13.10) and for motorized units selling food, such as food trucks (SCMC 5.22). The conditions and requirements sidewalk vendors should follow today are those from SCMC:
● 13.10, Sales –Public Beaches and Parks (if applicable); ● 5.81, Display Devices (Note that the City has had challenges enforcing this section due to lack of sufficient administrative enforcement staff); and
● 5.04, Business Licenses and Fees.

For example, a food sidewalk vendor who wishes to do business in the city for six days or more and wants to vend in a city park needs a: 1) County Health Permit, issued by County of Santa Cruz Environmental Health; 2) a City Business License, issued by Finance/Planning; and 3) a Park permit, issued by City Parks & Recreation. In the case of a brick-and-mortar business wishing to conduct sidewalk vending sales in the right-of-way outside of the storefront, the

32.2 business would have to apply to the Planning & Community Development department for an administrative use permit and a revocable license, which requires a public hearing with and approval from the Zoning Administrator.

Santa Cruz Municipal Code (SCMC) Section 5.81.004 and 5.81.005 contain regulations that limit “display device” locations and operation; however, (1) to date, the City has not had the resources dedicated to create and operate a brand new administrative citation enforcement scheme, (2) staff believes that the administrative citation process, as it currently exists in Chapter

5.81, is not a good use of resources, as administrative citations alone are unlikely to be sufficient to address and deter unlawful behavior, and (3) some of location-based display device restrictions currently in Chapter 5.81 are not obviously tied to public health and safety and are therefore are potentially subject to challenge under SB 946. Current resources only support a complaint-driven response to management and enforcement when issues arise.

Enforcement Challenges, Concerns, and Current Resources Several entities play an enforcement role in sidewalk vending in the City of Santa Cruz. Those entities can include:
● SCPD - Police Officers and Community Service Officers ● City Code Compliance Division (Planning & Community Development Department) – Code Compliance Specialists
● County of Santa Cruz Environmental Health
SCPD supports sidewalk vending enforcement efforts, particularly related to supporting County Environmental Health, and responding to criminal and/or violent crimes/behavior. SCPD’s preference is that administrative sidewalk vending violations be handled by non-sworn staff.

SCPD also has Community Service Officers assigned to Beach Street (1) and Downtown (2).

However, due to limited staffing in SCPD due to injuries and other factors, these three individuals can often be called away to support non-injury traffic accidents, vehicle break-ins, and other reporting.

The Code Compliance Division of the Planning & Community Development department has four code compliance inspection staff responsible for ensuring the City’s housing stock, including long-term and short-term rentals, meets International Property Maintenance Code. Two of the code compliance inspection staff are assigned to the Rental Inspection Service, and two are assigned to code complaints throughout the City. Given property complaint volume (approximately 750 active cases) and 11,000 rentals in the City generating an average of more than 600 complaints, current Code Compliance staff are unable to support the City’s sidewalk vending programs, even on a complaint-driven basis.

The County of Santa Cruz Environmental Health Division enforces food safety and conducts enforcement efforts based on the number of complaints received. Given current resources, County Health does not respond the same day to sidewalk vending complaints are received; rather, enforcement efforts are targeted and planned based on the number of complaints received.

32.3 City Police, Code Compliance, and County staff experienced several obstacles and/or concerns regarding compliance efforts in past summers, including:
● Limited staff resources,
● Language barriers,
● Lack of storage space for County impounded equipment, ● Unwillingness of vendors to provide contact information or identification, ● Turf wars for vendor space,
● Aggressive/violent behavior,
● Lack of a clear SB 946-compliant internal citation process (including lack of an electronic citation platform and associated devices), and
● A citation process (derived from SB 946) that has been viewed as ineffective to prevent illegal behaviors.

DISCUSSION: With a sidewalk vending ordinance, expectations regarding acceptable behavior can become more clear and consistent. With additional staff resources, the City can better address the significant impacts to public health and safety in a manner that meets the expectations of city residents, visitors, and businesses.

To better understand concerns when drafting the ordinance, staff solicited feedback from a wide variety of stakeholders, including businesses, sidewalk vendors, local elected officials and staff, and community-based organizations, such as Community Bridges and El Pajaro Community Development Corporation. Staff also contacted the City of Santa Monica to learn about impacts in a coastal community facing similar challenges. Sidewalk vending ordinances passed by the cities of Santa Monica and San Diego, among others, were also reviewed.

Considering input from staff, businesses, vendors, and the spirit of SB 946, the purpose of the proposed ordinance is to address public health, safety, and welfare concerns to the fullest extent possible, while also providing equitable and accessible economic opportunities for all.

A report by the Organisation of Economic Co-operation and Development, “Reducing the Risk of Public Policy Failure: Challenges for Regulatory Compliance, (2000) notes that “regulation is not achieved simply by passing a law, but requires detailed knowledge of, and intimate involvement with, the regulated activity.”
In Santa Cruz, an effective sidewalk vending program requires more than an ordinance, but the collective efforts of multiple departments and entities toward communication, education/outreach, continuous improvement, evaluation and performance monitoring, compliance; and resource allocation necessary to support such efforts. No matter what rules are developed, successful adherence to the proposed regulations relies on a vendor’s ability to 1) know and understand the rules, 2) willingness to follow the rules, and 3) ability to comply.

Relying on fines and penalties alone will not be enough to influence behavior. A holistic, programmatic approach that includes planning, proactive communications, continuous review of regulations, and continuous contact with vendors, business, and other stakeholders will determine the effectiveness of the proposed ordinance.

The image below maps regulatory goals and compliance factors with ordinance sections, administrative policies and needs, and other program characteristics. The remainder of this report explains how the ordinance and other supportive efforts will achieve regulatory goals and

32.4 address compliance factors. It also outlines the recommended resources required to achieve the regulatory goals and compliance.

Key Ordinance Provisions
Restricted Locations Due to Public Health, Safety, and Welfare Concerns Location restrictions are proposed in limited areas, seasonally for some and year-round for others. Last summer’s experience with congestion, trash, illegal discharge, and the aggressive and sometimes violent behavior used to claim limited space in popular areas such as Beach Street, along with fire hazards, limited emergency access, general accessibility, and environmental concerns are the reasons staff and the Parks Commission, as part of its February 28, 2022 hearing, recommend limiting sidewalk vending in the following areas:
● From April 1 until October 31, on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street.
● Year round, on the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf. ● Year round, on the Beach Street Promenade Deck.
● Year round, in areas on Pacific Avenue that are outside of the City demarcated vending and display zones.
● Year round, in any City park or beach where the City has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. ● Within five hundred feet (500’) of a permitted certified farmer’s market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmer’s market or swap meet, or the limited duration of the temporary special permit.
● Year round, in areas that are zoned exclusively residential, including within residential parks. ● Year round, within the City’s open space, natural, and scenic areas, which includes Arana Gulch, Pogonip, Moore Creek, the San Lorenzo Riverwalk, and the West Cliff Drive pedestrian / bike path.
● Year round, on that portion of Main Beach over which the city has an easement for recreation and beach purposes only pursuant to a 1933 superior court judgment quieting title to the Seaside Company, which mandates “that no peddling, soliciting or bartering shall be permitted thereon.”

32.5 ● Year round, on a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.

The proposed ordinance also includes a section that states the City Council may adopt additional location restrictions by resolution, due to objective health, safety, or welfare concerns. It is possible that prohibiting stationary vending in some areas could push stationary vendors to other areas, leading to objective health, safety, or welfare concerns. Continuous analysis of impacts caused by restrictions requires staff commitment and aligns with the need for additional staff to address this evolving need.

Vendor Conduct (Good Neighbor Policy)
The proposed ordinance includes a section on vendor conduct and aligns with existing conditions required in City park and beach areas. In summary, expected conduct requirements include:

Conduct Requirements Avoids
Display Device Min. Height 18” Safety -Trip hazard
No Unleashed Animals /No Accompanied
Animals for Food vendors
Public Health
Easy-Up, Tent Approvals Required Safety -Visibility and Glare Generators Must be Specifically Permitted Safety - Electrical Cord Trip Hazard, unapproved building modifications/electrical
access, fire safety, noise and air pollution
concerns
Trash Receptacle and Collection and Proper
Discharge of Fats, Grease, and Oil
Public Health and environmental stewardship
Displayed County Health Permit (Food
Vendors)
Public Health
Displayed Sidewalk Vending Permit Community Welfare, a permit system is essential to assure City requirements are met
Compliance with Other Permit Requirements
(alcohol, cannabis, tobacco, etc.)
Public Health, Safety, and Community Welfare
No Chaining or Fastening Display Devices to
Community Fixtures
Safety and Accessibility
No Unattended Belongings Public Health, environmental stewardship, community welfare
No Sale of Live Animals or Counterfeit
Merchandise
Public Health, Community Welfare
No Sidewalk or Street Furniture for Storage Safety and Accessibility No Blocking Sidewalk Safety and Accessibility
Hold Harmless Clause/Insurance Requirements Safety and limiting City (taxpayer) liability The restrictions contained in the draft ordinance set the framework from which all vendors should operate. To improve awareness, understanding, and willingness to comply, regular engagement on social media platforms in advance of busy seasons, simplified informational handouts in English and Spanish, clear signage in English and Spanish, and reinforcement of rules during in-person visits and online is critical. Awareness efforts around “packing your trash” and “bringing out what you brought in” remind residents, visitors, businesses, and sidewalk

32.6 vendors of this collective responsibility and should focus on vendors and customers, too, as they both play a role in keeping our beaches and community clean.

Permit Process and Visible Compliance
Requiring a permit is the first step in creating consistent rules for vendors regardless of where in the City they choose to vend. Through the joint efforts of several departments, the City aims to create a one-stop process for all City-required permits. A single contact point aims to encourage compliance by improving the process – after all, the easier the process, the more likely vendors are to comply. Not only more efficient, but the new permit process also allows City staff to provide an orientation (in English and Spanish) that helps outline the rules of the sidewalk vending program (trash collection, County health permit requirements, etc.) and provide additional resources, such City and state economic development resources, to help the vendor be more successful in their endeavor. Informational handouts clearly and simply explaining expected vendor conduct in English and Spanish, landfill information, programs that help fund permit costs, trash receptacles, and more, are examples of informational resources that could be provided at a one-stop permit location.

Additionally, issuing a sidewalk vending ID provides displayed identification for enforcement officials. A displayed sidewalk vendor ID helps an official see clearly whether someone has completed the appropriate process, reducing the need to ask. The recommended permit charge is reasonable, $30, and has been developed to cover costs of issued ID cards and staff time. A merchandise vendor operating outside of a City park or beach for more than six days could expect to pay around $175 for the business license (approximately $145) and sidewalk permit.

Existing staff would support permit services, including reviews for vendors located in parks, food trucks, and businesses wishing to vend outside their storefronts. The application process is recommended to occur at the Planning & Community Development permit counter and routed through the department's permit tracking software to gain all necessary approvals.

Enforcing Violations
Citations
Violations of the provisions outlined in the ordinance by a sidewalk vendor with a valid sidewalk vending permit are punishable only by an administrative citation in the following amounts: $100 for a first violation; $200 for a second violation within one year of the first violation; and $500 for each additional violation within one year of the first violation.

Sidewalk vending without a valid City sidewalk vending permit, and a Parks vending permit if applicable, are punishable only by an administrative citation, not to exceed the following amounts: $250 for a first violation; $500 for a second violation within one year of the first violation; and $1,000 for each additional violation within one ear of the first violation.

Impoundment
A limited impoundment section has been drafted in the ordinance and is seen as an essential tool needed by the City to gain compliance from unpermitted individuals who, after receiving an administrative citation, are unwilling to remove their own belongings and repeat violators. Santa Monica and San Diego have added similar provisions to their Municipal Code, as paper administrative citations have been ineffective in achieving compliance.

32.7 Public Complaints
The efficiency of the complaint process is also important. With public education and additional code enforcement and CSO staff present in active vending locations, staff and the public can help ensure public health and safety concerns are reduced through reporting. Currently, the website, www.cityofsantacruz.com/sidewalkvending has an online form for City violation concerns and provides the reporting link to County Environmental Health. Additional staff time from IT and program staff could develop a complaint reporting feature in CRSP, the City’s community reporting portal, and is recommended.

Administering Citations
Funding will determine the City’s approach for issuing and processing citations for sidewalk vending violations. Staff is requesting funding to implement the digital citation system currently being used in Parking Services. Without funding, a paper citation process will be implemented.

Costs for each option are listed below. Staff is requesting funding for the digital option, which would require more costs up-front but provide more efficient and accurate historical reporting of repeat offenders, general reporting on numbers of warnings and violations, and warning and violation types. The digital option also requires less time for processing and costs less in the long run, given reduced staff time. All costs are based on a $51.70 hourly rate and processing of 2,500 citations annually, which was used for cost analysis and comparison purposes.

Paper Process Digital Process
Paper Ticket Costs/2500……………….$5,000 Software Cost…………………………$25,000 Staff Time Includes 2 mobile printers…………………...

Officer Write Up……………………...$20,680 Staff Time
Officer Data Entry……………………$10,770 Officer Data Input/Print………………$20,680 Data Entry Review……………………$4,308 Data Entry Review (accuracy)……….$4,308 Other Considerations Other Considerations
Routing Delay Mandatory Fields - Increased Collection
Accuracy
Legibility of Citation, Revenue Loss Collections Costs
Collections Costs
Attachment "AIMS Code Enforcement Software Quotes" includes a quote from AIMs, the ecitation vendor used by the City’s Parking Program. This service is included in the resource request for the sidewalk vending program.

Resourcing Administration and Enforcement
To effectively implement the ordinance, staff recommends the development of a crossdepartmental team.

Senior Code Compliance Specialist/Program Coordinator: Administers the sidewalk vending permit program, including citations and appeals. Oversees contract code compliance support staff. Provides code enforcement in the off-season to ensure year-round implementation of the ordinance.

Community Service Officer (CSO): Ensures the health, safety and welfare provisions of the ordinance. CSO capacity may need to be added in the future for full-time coverage during the summer months, May-September.

32.8 Contract Code Compliance Support: Ensures seasonal needs for code compliance are met through temporary contracted staff. Mitigates the difficulty in hiring code compliance officers for part-time, seasonal assignments.

Contract Security Support: Ensures seasonal needs for increased security are met through contracted staff. Mitigates the difficulty in hiring CSOs for part-time, seasonal assignments.

The table below outlines staffing considerations and the additional budget required. While more costly, additional Code Compliance and CSO staff and a program coordinator could support, monitor, and coordinate consistent enforcement efforts in conjunction with County Environmental Health in the long-term, provide cross support for other code enforcement needs in the off season, and provide for additional downtown and beach street area needs during the peak season. While funding for additional staffing in Code Compliance is requested, CSO support will be covered by existing positions, which may need to be revisited based on the experience of the 2022 summer season.

Status Quo – Complaint Driven, ECitations Program Coordinator, CSO, and Contract Support
$32,300 annually $402,420 annually ($32,300 + $370,120) (-) delayed response time
(+) no additional costs
(-) priority trade-offs
(-) minimal compliance
(-) performance management
(-) coordination/planning (long-term)
(-) intensity of violations
(-) continued health, safety and welfare risks
(+) improved response time
(+) improved compliance
(+) career ladder improved
(+) cross support
(+) safety in numbers
(-) increased cost
(-) consultant hiring
(+) performance management
(+) coordination/planning (long-term)
(+) managed hiring of City staff
(+) program management
(+) seasonal nature
(+) permanent progress
(+) program evaluation
FISCAL IMPACT: Attachment "Estimated Sidewalk Vending Budget" provides the estimated budget. For FY 2022, a General Fund budget appropriation of $205,110 is needed. In FY 2023, the anticipated General Fund impact is $370,120 and will be submitted as part of the regular budget process for Council's consideration.

Prepared By:

Elizabeth Smith
Communications Manager
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager

32.9 ATTACHMENTS:

1. ORDINANCE.DOCX

2. RESOLUTION.DOCX

3. SIDEWALK VENDING PERMIT FEE ANALYSIS.PDF

4. AIMS CODE ENFORCEMENT SOFTWARE QUOTES.PDF

5. FEBRUARY 28, 2022 PARKS AND RECREATION COMMISSION ACTION SUMMARY.DOCX

7. ESTIMATED SIDEWALK VENDING BUDGET.PDF

32.10 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ REPEALING CHAPTER 5.81 OF THE SANTA CRUZ MUNICIPAL CODE AND ADDING CHAPTER 5.82 - SIDEWALK

VENDING - TO THE SANTA CRUZ MUNICIPAL CODE
WHEREAS, in 2016, the City adopted Santa Cruz Municipal Code (“SCMC”) Chapter

5.81, which was intended to regulate display devices on City property, in a way that permitted First Amendment expressive activity, but did not, in some areas of the City, allow for purely commercial sidewalk vending.

WHEREAS, in 2019, California Senate Bill (“SB”) 946 (Sidewalk Vendors) became law, decriminalizing commercial sidewalk vending and limiting local governments’ ability to restrict sidewalk vending.

WHEREAS, in 2020, the City made limited changes to SCMC Chapter 5.81, with the goal of bringing that section into compliance with SB 946.

WHEREAS, since 2020, it has become clear that, in order to promote public health, safety, and welfare, the City requires a comprehensive City-wide dedicated sidewalk vending permitting and regulation scheme that both complies with state law and is effective at regulating sidewalk vending in public spaces.

WHEREAS, the intent of this ordinance is to effectively regulate sidewalk vending in a way that: (a) complies with state law; (b) addresses objective public health, safety, and welfare concerns; (c) promotes the public’s use and enjoyment of natural resources and recreational opportunities; and (d) prevents an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks and open spaces.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Santa Cruz Municipal Code Chapter 5.81 is hereby repealed.

Chapter 5.82 (Sidewalk Vending) is hereby added to the Santa Cruz Municipal Code, and it shall read as follows:
“CHAPTER 5.82 - SIDEWALK VENDING

5.82.010 - INTENT AND PURPOSE.
(a) The City Council of the City of Santa Cruz declares that:
(1) If properly regulated, sidewalk vending can foster vibrant public spaces, promote a diverse and inclusive local economy, and create economic opportunities for lowincome and immigrant communities.

32.11 (2) At the same time, inadequately regulated sidewalk vending has presented unintended negative consequences for the City. For example, sidewalk vending has caused or been associated with unsafe overcrowding; decreased accessibility for persons with disabilities; a lack of adequate access for first responder and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; diversion of pedestrians into bike lanes or vehicular lanes; parking congestion; accumulation of trash and pollution in public spaces; violent altercations arising from vending “turf wars”; foodborne illnesses; the sale of counterfeit goods; and a lack of sales tax being collected by sidewalk vendors.
(3) Because the City is densely populated by residents and visitors, its public spaces often become extremely crowded. Many of the City’s parks, beaches, the Wharf, Beach St. and the Beach St. Promenade, Pacific Avenue and its side streets, and pedestrian paths are heavily trafficked by the public, and heavy congestion in these places can be constant.
(4) Sidewalk vending must be regulated to address the concerns discussed above. (b) The purpose of this chapter is, therefore, to promote the public peace, safety, health, and welfare by, among other outcomes, ensuring rapid access for first responder and emergency personnel; improving sidewalk accessibility for persons with disabilities; facilitating ingress into and egress from vehicles, rights-of-way, buildings, and public spaces; maximizing use and promoting maintenance of public rights-of-way, parks, beaches, and other public spaces; and reducing the City’s exposure to civil liability. (c) The City desires to accomplish all of the foregoing public health, safety, and welfare policy objectives while simultaneously providing ample public access to desired goods, including culturally significant food and merchandise, and providing ample opportunity for underrepresented community members, including low-income and immigrant communities, to access the formal economy through entrepreneurial sidewalk vending.

5.82.020 - DEFINITIONS.

For the purpose of this chapter, the following words and phrases are defined as follows:
(a) “City demarcated vending and display zones” means those areas specifically set aside for sidewalk vending, operating vending display devices, operating other display devices, and/or conducting first amendment activities. The City demarcated vending and display zones on Pacific Avenue are rectangles marked with brass markers on the sidewalk, and an up-to-date, accurate copy of the map of Pacific Avenue City demarcated vending and display zones shall be posted on the City’s website. The City demarcated vending and display zones on Pacific Avenue must permit a reasonable amount of sidewalk vending on

32.12 Pacific Avenue, but also must limit vending on Pacific Avenue solely based on objective health, safety, or welfare concerns.
(b) “Director” means the Director of the Planning & Community Development department or their designee.
(c) “Farmers’ market” or “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. (d) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumptions, chewing gum and/or any other items defined as food by the California Retail Food Code. (e) “Food sidewalk vendor” means any type of sidewalk vendor offering products defined as food.
(f) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
(g) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The city council may establish no vending or limited vending zones by resolution, as set forth in Section 5.82.080(c).
(h) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(i) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or other public property, with or without the assistance of a vending display device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation.
(j) “Sidewalk vending permit” means a permit or card issued by the City to a sidewalk vendor pursuant to Section 5.82.040.
(k) “Sidewalk vendor” means a person who sells food or merchandise from a vending display device or from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors. (l) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

32.13 (m)“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code and any regulations adopted pursuant to that Article.
(n) “Temporary special permit” is any permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit pursuant to Chapter 15.34, a major public special event permit pursuant to Chapter 10.64, or any other type of City-issued temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. (o) “Vending display device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. “Vending display device” does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks.

5.82.030 - SIDEWALK VENDING CONDUCT.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable pedestrian and vehicular traffic, improper disposal of trash, provide coastal access, assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares, minimize trip and fall hazards, address visibility concerns, prevent glare for drivers, and address other public health, safety, and welfare concerns:
(1) Vending display devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of a dog or any other animal. Merchandise sidewalk vendors may have one leashed animal. (3) To maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to a minimum of forty-eight (48) inches excluding curb, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a

32.14 fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices.
(4) Sidewalk vendors may not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures may be requested in a sidewalk vending permit application. (See Section

5.82.050.)
(5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (6) Sidewalk vendors may not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic. (7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending display device. (8) Vendors may not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application. (See Section 5.82.050.)
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a fifteen-foot (15’) radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use City receptacles for this purpose. (10) Sidewalk vendors must properly dispose of fats, grease, and oil as required in Santa Cruz Municipal Code Chapter 16.19.
(11) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending display device a valid permit from the County of Santa Cruz Environmental Health Division.
(12) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending display device a valid sidewalk vending permit issued pursuant to Section 5.82.040.
(13) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards set for in Title 6

32.15 and 16 including, but not limited to, the product regulations set forth in SCMC 6.48 (Environmentally Acceptable Food Packaging), SCMC 6.49 (City of Santa Cruz Bag Reduction Ordinance), and SCMC 16.19 (Storm Water and Urban Runoff Pollution Control); and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
(14) Vending display devices shall not be chained, fastened, or affixed at any time to any building or structure, including but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending display device shall become a permanent fixture on the vending site or be considered an improvement to real property.
(15) Vending display devices shall not be left or stored unattended on public property or within the public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; (B) items prohibited from being sold or distributed by SCMC 6.48 (Environmentally Accepted Food Packaging) or SCMC 6.49 (City of Santa Cruz Bag Reduction Ordinance), or (C) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. See Section 5.82.140 (c).
(17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending display devices, items placed on or in vending display devices, and associated seating, (B) personal belongings wholly contained underneath or inside of a vending display device. (18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (19) Sidewalk vendors shall not unreasonably interfere with access or use of City infrastructure, including City benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles. (20) Sidewalk vendors shall not unreasonably block access to or create unreasonable congestion at: (A) a corner of any street intersection, (B) any fire hydrant, fire call box, emergency exit, or other emergency facility, (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any building entrance or stairway access point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or dividing section; or (G) at any parking pay station. Vending or

32.16 operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
(21) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(22) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit or parks vending permit (if applicable). (b) The city manager or their designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this chapter and to address objective health, safety and welfare concerns. A violation of such regulations shall constitute a separate violation of this chapter.

5.82.040 - SIDEWALK VENDING PERMIT APPLICATION.
(a) No person may engage in sidewalk vending in the City without first obtaining: (1) a sidewalk vending permit issued pursuant to this section; (2) a business license issued pursuant to Chapter 5.04; (3) if applicable, a mobile vending permit issued pursuant to Chapter 5.22; and 4) if applicable, a parks vending permit, issued pursuant to Section

5.82.090 of this chapter.
(b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the Planning & Community Development Department, accompanied by an application fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain the following:
(1) The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.);
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members.

If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager; (3) If applicable, the vehicle identification number, make, model and engine number, and photograph of any mobile vending vehicles (as defined in SCMC Section 5.22.010(b)) proposed to be operated in conjunction with any proposed sidewalk vending operations, or so much of said information as is available at the time of application; (4) A description of the food or merchandise offered for sale;

32.17 (5) A description of, along with the dimensions of, the vending display device that will be used;
(6) The hours per day and the days per week during which the applicant sidewalk vendor proposes to operate;
(7) A description of the area(s) where the applicant sidewalk vendor wishes to operate; (8) Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
(9) A sidewalk vendor applicant must provide a copy of a valid business license issued pursuant to City of Santa Cruz Municipal Code 5.04 prior to issuance of a sidewalk vending permit;
(10) A copy of a valid California’s seller’s permit pursuant to Revenue and Taxation Code Section 6067;
(11) A copy of the applicant’s California driver’s license, California identification card, US Passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government; (12) Certification by the applicant, under penalty of perjury that the information contained in the application is true to their knowledge and belief; (13) If a food sidewalk vendor, proof of all required approval(s) from the County of Santa Cruz Environmental Health Division and copies of any applicable discharge permits;
(14) An acknowledgement of having read and an agreement to abide by this SCMC Chapter 5.82 (Sidewalk Vending), SCMC Chapter 6.48 (Environmentally Acceptable Food Packaging), SCMC 6.49 (City of Santa Cruz Bag Reduction Ordinance), and SCMC Chapter 16.19 (Urban Runoff Pollution Control); and (15) The following release, indemnification, and acknowledgement requirements:
(A)An agreement by the applicant to waive and release the City and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments (including attorneys fees and court costs) related to or arising out of the applicant’s sidewalk vending activities. (B) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the City, its officers, agents, employees, contractors,

32.18 and volunteers from and against any and all claims related to or arising out of the applicant’s sidewalk vending activities.
(C) An acknowledgement and agreement that the applicant’s use of the sidewalk or other City facilities is at the applicant’s own risk, and it is not the City’s responsibility to ensure that the vending location is safe or conducive to the vending activities.

5.82.050 - SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR REVOCATION.
(a) The Director or their designee shall approve the issuance of the sidewalk vending permit unless they determine that:
(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or (2) The proposed operations contained in the application are contrary to the provisions of this Chapter, or are contrary to any regulations promulgated pursuant to Section

5.82.030 (b); or
(3) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; or (4) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in this Chapter or any standards set forth in regulations promulgated pursuant to Section 5.82.030 (b); or
(5) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this chapter; or (6) The location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(7) The proposed vending operations are illegal, and/or the City’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the City.
(b) If the permit is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.

32.19 (c) The Director or their designee may add reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending. Such conditions must be (1) consistent with this Chapter and any regulations promulgated pursuant to Section 5.82.030 (b), and (2) directly related to objective public health, safety, welfare concerns, or directly related to legal requirements applicable to the City.
(d) Use of a shade structure may be requested in a sidewalk vending permit application, and such request will be granted if: (1) there is adequate space for the shade structure at the proposed vending location (including any space needed for pedestrians (including disabled pedestrians), vehicles, and bicyclists), (2) use of the shade structure at the proposed location would not adversely impact or put at risk public health, safety, or welfare, and (3) use of the shade structure at the proposed location would not be contrary to legal requirements applicable to the City.
(e) Use of a generator may be requested in a sidewalk vending permit application, and such request will be granted if the proposed generator use: (1) will not create unreasonable noise, trip and fall hazards, or other adverse risks or impacts to public health, safety, or welfare; (2) is not otherwise illegal or contrary to legal requirements applicable to the City; and (3) is approved by all appropriate regulating entities, such as the Monterey Bay Air Resources District (MBARD), if those appropriate regulating entities require generator use approval. (f) The Director or their designee may revoke a sidewalk vending permit for a fourth or subsequent violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit. (g) Any person whose application for a sidewalk vending permit is denied, revoked, or conditioned in a way that the applicant believes is not in accordance with applicable legal requirements may appeal such decision to the City Manager by filing a written notice of appeal with the City Manager or their designee within 10 calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4 of this Code.

5.82.060 - SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.

A sidewalk vending permit shall be valid for twelve (12) months from the date of issuance, except that a City sidewalk vending permit shall be deemed null and void upon the revocation or expiration of: (a) the related City issued business license, (b) a required permit from the Santa Cruz County Department of Environmental Health, and/or (c) the California’s seller’s permit pursuant to Revenue and Taxation Code Section 6067.

32.20 5.82.070 - PERMIT APPLICABILITY.
(a) A sidewalk vending permit shall only permit the operation of one vending display device at any one time.
(b) No permit granted pursuant to this chapter shall be transferable.

5.82.080 - RESTRICTED VENDING TIMES AND LOCATIONS.
(a) Unless specifically permitted by another provision of this municipal code, to ensure rapid access by first responder and emergency personnel; to improve sidewalk accessibility for persons with disabilities; to facilitate ingress into and egress from vehicles, rights-of-way, buildings, and public spaces; to maximize use and promote maintenance of public rightsof-way, parks, the beach, and other public spaces; to help preserve and protect sensitive habitats, community landmarks, natural and scenic areas and the Monterey Bay National Marine Sanctuary; and to reduce the City’s exposure to civil liability, stationary sidewalk vending is not permitted in the following limited areas:
(1) Year round, in areas on Pacific Avenue that are outside of the City demarcated vending and display zones;
(2) Year round, in any City Park or beach where the City has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
(3) Within five hundred feet (500’) of a permitted certified farmer’s market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmer’s market or swap meet, or the limited duration of the temporary special permit;
(4) Year round, in areas that are zoned exclusively residential, including within residentially zoned parks; and
(5) Year round, within the City’s open space, natural, and scenic areas, which includes Arana Gulch, Pogonip, Moore Creek, the San Lorenzo Riverwalk, and the West Cliff Drive pedestrian / bike path.
(b) For the same reasons identified in subdivision (a) above, both stationary and roaming sidewalk vending shall not be permitted in the following limited areas:
(1) From April 1 until October 31, on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street;

32.21 (2) Year round, on the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf;
(3) Year round, on that portion of Main Beach over which the city has an easement for recreation and beach purposes only pursuant to a 1933 superior court judgment quieting title to the Seaside Company, which mandates “that no peddling, soliciting or bartering shall be permitted thereon”;
(4) Year round, on the Beach Street Promenade Deck; and (5) Year round, on a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.
(c) The city council, by resolution, may from time-to-time designate no vending or limited vending zones due to objective health, safety, or welfare concerns. In designating a no vending or limited vending zone, the city council shall first determine that vending without limitation in the area would impede or interfere with public health, safety, or welfare. (d) This section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, Chapters 10.64, Major Special Events and 10.65, Public Gathering and Expression Events.

5.82.090 - VENDING IN CITY BEACHES AND PARKS.
(a) An additional parks vending permit is required for sidewalk vendors who wish to operate in a City park, beach, or other facility within the jurisdiction of the parks and recreation department. No person may vend in a City park, City beach, or facility within the jurisdiction of the parks and recreation department without first obtaining a parks vending permit.
(b) The director of parks and recreation, or their designee, may refuse to grant a parks vending permit if:
(1) the sidewalk vendor does not yet have a sidewalk vending permit; or (2) if granting the parks vending permit would negatively impact objective health, safety, or welfare concerns; or
(3) if denial is necessary to ensure the public’s use and enjoyment of natural resources or recreational opportunities; or
(4) if denial of the permit is necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park or beach; or

32.22 (5) if the location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(6) if the vending operations are illegal, or the City’s approval of the permit would be contrary to legal requirements imposed on the City.
(c) If the permit is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
(d) The director of parks and recreation, or their designee, may attach conditions to a parks vending permit. All conditions must be: (1) directly related to objective health, safety, welfare concerns, or directly related to legal requirements imposed on the City; or (2) necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities; or (3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (e) Any person aggrieved by a decision of the parks and recreation department to issue, deny issuance, condition, or rescind a parks vending permit may appeal the decision to the City Manager or their designee within 10 calendar days after receipt of the notice of denial, conditions, or revocation. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4 of this Code. If the appeal is successful, the hearing officer shall order the City to return the fee paid for appeal.

5.82.100 - MOBILE VENDING PERMIT REQUIRED.

All mobile vendors require a mobile vending permit, issued pursuant to Santa Cruz Municipal Code Chapter 5.22.

5.82.110 ADMINISTRATIVE CITATIONS.
(a) Unless otherwise provided, a violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative citation pursuant to Chapter 4, in amounts not to exceed the following:
(1) One hundred dollars ($100.00) for a first violation. (2) Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.
(3) Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

32.23 (b) Unless otherwise provided, person engaged in sidewalk vending without a valid City sidewalk vending permit (and/or a parks vending permit, if applicable) shall be issued an administrative citation pursuant to Chapter 4 in amounts not to exceed the following, in lieu of the amounts set forth in paragraph (a):
(1) Two hundred and fifty dollars ($250.00) for a first violation. (2) Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.
(3) One thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of a valid sidewalk vending permit issued by the City (and/or a parks vending permit, if applicable) within ten (10) calendar days of the date a citation is issued, may have the amount of their citation reduced to amounts set forth in paragraph (a). (d) Unless otherwise provided, a violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. (e) If an individual violates this chapter and is issued an administrative citation, that person is required to come into reasonably prompt compliance with this Chapter. If a cited individual continues to operate unlawfully and/or fails to come into reasonably prompt compliance with this Chapter, the individual may be issued a subsequent administrative citation on the same day, so long as at least one (1) hour has passed between each administrative citation.
(f) In order to facilitate the administration of this chapter, City enforcement staff is authorized to ask sidewalk vendors who are reasonably believed to be vending in violation of this chapter for their identification card, or other identifying information, and said individuals are required to provide such information to the requesting enforcement staff. (g) A person who is issued an administrative citation(s) may appeal their administrative citation(s), within 10 calendar days of issuance. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4 of this Code. If the appeal is successful, the hearing officer shall order the City to return the fee paid for appeal.
(h) The City shall also provide a person who receives a citation with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an abilityto-pay determination at any time before the assessed fine is paid, including while a

32.24 judgment remains unpaid, when a case is delinquent, or when a fine has been referred to a comprehensive collection program. There shall be no charge for an ability-to-pay determination.
(i) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of the fee assessed for an administrative citation imposed pursuant to this chapter. (j) The City may develop processes or regulations that would (1) allow for a person to complete community service in lieu of paying the total administrative fine; (2) provide for waivers of the administrative fine; or (3) provide for the offering of alternative dispositions. (k) Administrative citations issued under this section shall include the following notice: “You have a right to appeal this citation within 10 calendar days. If you do not appeal, you waive your right to appeal. You also have the right to request an ability-to-pay determination at any time before the assessed fine has been paid.”
(l) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed for failure to pay an administrative citation fine.
(m)No person shall willfully interfere with or obstruct any City code enforcement officer, CSO, or police officer in their enforcement of the provisions of this chapter. Willful (1) failure to properly identify oneself done for the purpose of attempting to evade an administrative citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to Section 5.82.120, shall constitute unlawful interference or obstruction under this subdivision. Violation of this subdivision is a misdemeanor.

5.82.120 – IMPOUNDMENT.
(a) The City may impound vending display devices, food, goods, and/or merchandise that:
(1) reasonably appear to be abandoned on public property; or (2) are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by Section 5.82.110(f); and (C) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a City enforcement official; or
(3) are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit (and/or, if

32.25 applicable, a valid applicable parks vending permit); and (B) also refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a City enforcement official; or (4) is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending display device or the nature of the goods being offered for sale, and (B) refuses to remove their vending display device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a City enforcement official; or
(5) are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a 24-month period, been found responsible for violating this chapter four or more times.
(b) The City may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within 10 days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the City under Title 4, and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Title 4 of this Code. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The City Council may by resolution adopt impound fees, which shall reflect the City’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the City after 90 days following impoundment.

5.82.130 - NON-APPLICABILITY.

The restrictions in this chapter do not apply to individuals or groups engaged solely in artistic performance, free speech, political or petitioning activities, or engaged solely in the free distribution of items constituting expressive activity protected by the First Amendment, such as newspapers, leaflets, and pamphlets.

32.26 5.82.140 INTERPRETATION OF CHAPTER.
(a) Unless otherwise stated, the rules set forth in this chapter shall apply citywide. (b) Nothing in this chapter shall be interpreted as prohibiting properly licensed mobile vendors from operating in accordance with the terms of their mobile vending permit issued pursuant to SCMC Chapter 5.22.
(c) Nothing in this chapter is intended to preempt or replace federal, state, or local criminal or civil law on issues that are not wholly related to or arising from sidewalk vending (e.g, issues such as the sale of narcotics, copyright/trademark infringement, laws addressing unlawful dumping and littering, etc.).
(d) If any subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
(e) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (f) In enacting and implementing this chapter, the city is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.”
PASSED FOR PUBLICATION this 22nd day of March, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

32.27 PASSED FOR FINAL ADOPTION this __ day of _______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-XX and
that it has been published or posted
in accordance with the Charter of
the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

32.28 ORDENANZA Nº 2022-XX
UNA ORDENANZA DE LA CIUDAD DE SANTA CRUZ: (A) DEROGANDO EL CAPÍTULO 5.81 DEL CÓDIGO MUNICIPAL DE SANTA CRUZ, Y (B) AÑADIENDO EL CAPÍTULO 5.82 - VENTA EN ACERAS - AL CÓDIGO MUNICIPAL DE SANTA CRUZ
CONSIDERANDO que, en 2016, la ciudad adoptó el capítulo 5.81 del Código Municipal de Santa Cruz ("SCMC"), cuyo objetivo era regular los dispositivos de exhibición en la propiedad de la ciudad, de manera que permitiera la actividad expresiva de la Primera Enmienda, pero no permitiera, en algunas áreas de la ciudad, la venta puramente comercial en las aceras.

CONSIDERANDO que, en 2019, el proyecto de ley del Senado de California ("SB") 946 (vendedores en las aceras) se convirtió en ley, despenalizando la venta comercial en las aceras y limitando la capacidad de los gobiernos locales para restringir la venta en las aceras.

CONSIDERANDO que, en 2020, la Ciudad realizó cambios limitados en el Capítulo

5.81 del SCMC, con el objetivo de hacer que esa sección cumpla con el SB 946.

CONSIDERANDO que, desde 2020, ha quedado claro que, para promover la salud, la seguridad y el bienestar público, la ciudad requiere un esquema integral de permisos y regulación de las ventas en las aceras en toda la ciudad que cumpla con la ley estatal y sea eficaz para regular las ventas en las aceras en los espacios públicos.

CONSIDERANDO que la intención de esta ordenanza es regular eficazmente la venta en las aceras de manera que (a) cumpla con la ley estatal; (b) aborde las preocupaciones objetivas sobre la salud, la seguridad y el bienestar públicos; (c) promueva el uso y el disfrute del público de los recursos naturales y las oportunidades recreativas; y (d) evite una concentración indebida de actividad comercial que interfiera injustificadamente con el carácter escénico y natural de los parques y espacios abiertos de la ciudad.

POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE SANTA CRUZ DECRETA lo siguiente:

Queda derogado el capítulo 5.81 del Código Municipal de Santa Cruz.

Se añade al Código Municipal de Santa Cruz el capítulo 5.82 (Venta en aceras), que queda redactado como sigue:
" CAPÍTULO 5.82 - VENTA EN LA ACERA

5.82.010 - INTENCIÓN Y FINALIDAD.
(a) El ayuntamiento de la ciudad de Santa Cruz declara que:

32.29 (1) Si se regula adecuadamente, la venta en las aceras puede fomentar espacios públicos vibrantes, promover una economía local diversa e inclusiva y crear oportunidades económicas para las comunidades de bajos ingresos e inmigrantes. (2) Al mismo tiempo, una regulación inadecuada de la venta en las aceras ha tenido consecuencias negativas no deseadas para la ciudad. Por ejemplo, la venta en las aceras ha provocado o se ha asociado a un hacinamiento inseguro; a la disminución de la accesibilidad para las personas con discapacidad; a la falta de acceso adecuado para el personal de primeros auxilios y emergencias; a la monopolización de los espacios públicos para el uso comercial privado; a los problemas de seguridad del tráfico para los automovilistas, los ciclistas y los peatones; desvío de los peatones hacia los carriles para bicicletas o vehículos; congestión del aparcamiento; acumulación de basura y contaminación en los espacios públicos; altercados violentos derivados de las "guerras territoriales" de los vendedores; enfermedades transmitidas por los alimentos; venta de productos falsificados; y falta de recaudación del impuesto sobre las ventas por parte de los vendedores en las aceras.
(3) Dado que la ciudad está densamente poblada por residentes y visitantes, sus espacios públicos suelen estar muy concurridos. Muchos de los parques de la ciudad, las playas, el muelle, la calle Beach y el paseo de la calle Beach, la avenida Pacific y sus calles laterales, y los caminos peatonales son muy transitados por el público, y la congestión en estos lugares puede ser constante. (4) La venta en las aceras debe ser regulada para responder a los problemas mencionados anteriormente.
(b) El propósito de este capítulo es, por lo tanto, promover la paz pública, la seguridad, la salud y el bienestar, entre otros resultados, garantizar el acceso rápido para el personal de primera respuesta y de emergencia; mejorar la accesibilidad de las aceras para las personas con discapacidad; facilitar la entrada y salida de vehículos, derechos de paso, edificios y espacios públicos; maximizar el uso y promover el mantenimiento de los derechos de paso públicos, parques, playas y otros espacios públicos; y reducir la exposición de la Ciudad a la responsabilidad civil.
(c) La ciudad desea cumplir con todos los objetivos de la política de salud pública, seguridad y bienestar antes mencionados y, al mismo tiempo, proporcionar un amplio acceso público a los bienes deseados, incluyendo alimentos y mercancías culturalmente significativas, y proporcionar una amplia oportunidad para los miembros de la comunidad subrepresentada, incluyendo las comunidades de bajos ingresos e inmigrantes, para acceder a la economía formal a través de la venta de acera empresarial.

5.82.020 - DEFINICIONES.

32.30 A efectos del presente capítulo, las siguientes palabras y frases se definen de la siguiente manera:
(a) "Las zonas de venta y exhibición demarcadas por la ciudad son aquellas áreas específicamente reservadas para la venta en la acera, la operación de dispositivos de exhibición de venta, la operación de otros dispositivos de exhibición, y/o la realización de actividades de primera enmienda. Las zonas de venta y exhibición demarcadas por la ciudad en la avenida Pacific son rectángulos marcados con marcadores de latón en la acera, y una copia actualizada y precisa del mapa de las zonas de venta y exhibición demarcadas por la ciudad en la avenida Pacific se publicará en el sitio web de la ciudad.

Las zonas de venta y exhibición demarcadas por la ciudad en la avenida Pacific deben permitir una cantidad razonable de venta en la acera de la avenida Pacific, pero también deben limitar la venta en la avenida Pacific basándose únicamente en preocupaciones objetivas de salud, seguridad o bienestar.
(b) "Director" significa el Director del departamento de Planificación y Desarrollo Comunitario o su designado.
(c) Por "mercado de agricultores" o "mercado de agricultores certificado" se entiende un lugar operado de acuerdo con el capítulo 10.5 (que comienza con la sección 47000) de la división 17 del Código Alimentario y Agrícola y cualquier reglamento adoptado de acuerdo con dicho capítulo.
(d) "Alimento" significa una sustancia comestible cruda, cocinada o procesada, hielo, bebida, un ingrediente utilizado o destinado al uso o a la venta en su totalidad o en parte para el consumo humano, goma de mascar y/o cualquier otro artículo definido como alimento por el Código de Alimentos de California.
(e) "Vendedor de alimentos en la acera": cualquier tipo de vendedor en la acera que ofrezca productos definidos como alimentos.
(f) "Vendedor ambulante" significa cualquier persona que esté a cargo o conduzca cualquier vehículo motorizado de venta ambulante que requiera una licencia de conducir estatal para operar, ya sea como agente, empleado o de otra manera bajo la dirección del propietario.
(g) "Zona de no venta o de venta limitada" significa un área donde la venta en la acera está prohibida o limitada debido a preocupaciones objetivas de salud pública, seguridad o bienestar. El concejo municipal puede establecer zonas de no venta o de venta limitada mediante una resolución, tal como se establece en la Sección 5.82.080(c). (h) "Vendedor ambulante en la acera" significa un vendedor en la acera que se desplaza de un lugar a otro y se detiene sólo para completar una transacción. (i) "Venta en la acera" significa vender, ofrecer a la venta, exponer o mostrar a la venta, solicitar ofertas de compra o hacer trueques de alimentos, bienes o mercancías en cualquier acera pública, camino peatonal, parque u otra propiedad pública, con o sin la

32.31 ayuda de un dispositivo de exhibición de venta, o exigir a alguien que pague una cuota o fijar, negociar o establecer una cuota antes de proporcionar cualquier alimento, bien o mercancía, incluso si se caracteriza por el vendedor de la acera como una donación. (j) "Permiso de venta en la acera" significa un permiso o tarjeta emitido por la Ciudad a un vendedor en la acera de acuerdo con la Sección 5.82.040. (k) "Vendedor en la acera" significa una persona que vende alimentos o mercancías desde un dispositivo de exhibición de venta o desde su persona, en una acera pública, camino peatonal, parque u otra propiedad pública. Este término incluye tanto a los vendedores ambulantes como a los fijos en las aceras.
(l) "Vendedor estacionario en la acera" significa un vendedor en la acera que vende desde un lugar fijo.
(m)"Reunión de intercambio" significa un lugar operado de acuerdo con el artículo 6 (que comienza con la sección 21660) del capítulo 9 de la división 8 del Código de Negocios y Profesiones y cualquier reglamento adoptado de conformidad con dicho artículo. (n) "Permiso especial temporal" es cualquier permiso emitido por la Ciudad para el uso temporal de, o la invasión de la acera u otra área pública, incluyendo, pero no limitado a, un permiso de invasión de conformidad con el Capítulo 15.34, un permiso de evento especial público importante de conformidad con el Capítulo 10.64, o cualquier otro tipo de permiso de evento temporal emitido por la Ciudad, para fines que incluyen, pero no se limitan a, la filmación, desfiles o conciertos al aire libre. (o) "Dispositivo de exhibición de venta" significa un carro de empuje, soporte, exhibición, carro impulsado por pedales, vagón, vitrina, estante, transporte no motorizado (incluyendo remolques), mesa independiente, estante, silla, caja, soporte, o cualquier contenedor, estructura u otro objeto utilizado o capaz de ser utilizado para sostener, vender, anunciar o mostrar cosas tangibles, junto con cualquier instalación de asientos asociados. "Dispositivo de exhibición de venta" no incluye ningún mobiliario urbano, como bancos o jardineras, ninguna otra estructura instalada permanentemente por la ciudad de Santa Cruz o con el consentimiento de la ciudad de Santa Cruz, ni los quioscos de prensa colocados de conformidad con las disposiciones de este código que regulan los quioscos de prensa.

5.82.030 - CONDUCTA DE VENTA EN LA ACERA.
(a) Los vendedores de aceras deberán cumplir con esta sección para prevenir el tráfico peatonal y vehicular irrazonable, la eliminación inadecuada de basura, proporcionar acceso a la costa, asegurar que los peatones (incluyendo los peatones con discapacidades) tengan vías adecuadas y accesibles, minimizar los peligros de tropiezos y caídas, abordar las preocupaciones de visibilidad, evitar el deslumbramiento de los conductores y abordar otras preocupaciones de salud pública, seguridad y bienestar:

32.32 (1) Los dispositivos de exhibición de la venta deberán tener una altura mínima de dieciocho pulgadas. Ninguna persona que se dedique a la venta en la acera podrá exhibir o vender sus productos en el suelo, o en una tela, lona u otro material similar en el suelo.
(2) Ningún vendedor de comida en la acera podrá estar acompañado, custodiado o en posesión de un perro o cualquier otro animal. Los vendedores de mercancías en la acera pueden tener un animal con correa.
(3) Para mantener los estándares de accesibilidad, los vendedores de la acera no colocarán ni permitirán que se coloque ninguna obstrucción en la acera que reduzca el ancho de la acera a un mínimo de cuarenta y ocho (48) pulgadas excluyendo el bordillo, excepto durante el breve período de tiempo en que un vendedor ambulante de la acera realice una venta. Los vendedores en la acera deberán mantener sus dispositivos de exhibición de ventas en todo momento de manera que se proporcione suficiente acceso a la acera y se evite impedir el flujo del tráfico peatonal. En ningún momento, un vendedor en la acera puede operar de tal manera que viole la Ley de Estadounidenses con Discapacidades o la ley estatal sobre accesibilidad, o causar que la acera se estreche de una manera que viole el camino accesible de viaje para las personas con discapacidad, incluyendo las personas que usan sillas de ruedas u otros dispositivos de movilidad.
(4) Los vendedores en la acera no pueden utilizar estructuras de sombra, carpas o similares, a menos que su permiso de venta en la acera autorice específicamente dicho uso. El uso de este tipo de estructuras puede ser solicitado en una solicitud de permiso de venta en la acera. (Véase la sección 5.82.050.) (5) Los vendedores en la acera no podrán vender a los ocupantes de vehículos motorizados en funcionamiento.
(6) Los vendedores en las aceras no podrán ejercer la venta de manera que obstruyan el camino accesible para las personas con discapacidad, o la libre circulación o visión del tráfico peatonal o vehicular.
(7) Para mantener la libre circulación de peatones y/o vehículos, los vendedores de la acera no pueden utilizar carteles en relación con la venta, la exposición o la oferta de artículos, excepto los carteles fijados o pintados en un dispositivo de exposición de venta.
(8) Los vendedores no pueden utilizar generadores a menos que su permiso de venta en la acera permita explícitamente el uso de generadores. El uso de generadores puede ser solicitado en una solicitud de permiso de venta en la acera. (Véase el apartado

5.82.050.)

32.33 (9) Los vendedores de la acera deben proporcionar un receptáculo de basura para los clientes y emplear esfuerzos de buena fe para asegurar la eliminación adecuada de la basura de los clientes. Antes de dejar cualquier ubicación de venta, el vendedor de la acera deberá recoger, retirar y eliminar toda la basura generada por las operaciones de venta y/o los clientes del vendedor dentro de un radio de quince pies (15') de la ubicación de venta. Los vendedores de la acera son responsables de la eliminación de la basura asociada con su negocio y no pueden utilizar los receptáculos de la ciudad para este propósito.
(10) Los vendedores en las aceras deben deshacerse adecuadamente de las grasas y los aceites, tal como lo exige el capítulo 16.19 del Código Municipal de Santa Cruz. (11) En todo momento, los vendedores de alimentos en las aceras deberán poseer y mostrar a la vista en el dispositivo de exhibición de la venta un permiso válido de la División de Salud Ambiental del Condado de Santa Cruz.
(12) En todo momento mientras venden, los vendedores de la acera deberán poseer y mostrar a la vista en su persona o en su dispositivo de exhibición de venta un permiso válido de venta en la acera emitido de conformidad con la Sección 5.82.040. (13) Los vendedores en las aceras serán responsables de su propio cumplimiento de todas las leyes federales, estatales y locales aplicables, incluyendo, sin limitación, los requisitos estatales de preparación, manipulación y etiquetado de alimentos; los códigos y reglamentos de incendios; las normas sobre el ruido; las regulaciones sobre bebidas alcohólicas, productos de tabaco, cannabis, cigarrillos electrónicos, dispositivos para fumar y sustancias controladas; las normas de saneamiento y salud establecidas en el Título 6 y 16, incluyendo, pero sin limitarse a, las regulaciones sobre productos establecidas en SCMC 6.48 (Envasado de alimentos ambientalmente aceptable), SCMC 6.49 (Ordenanza de reducción de bolsas de la ciudad de Santa Cruz) y SCMC 16.19 (Control de la contaminación de las aguas pluviales y de la escorrentía urbana); y la Ley de Estadounidenses con Discapacidades de 1990 y otras normas de acceso para discapacitados (tanto estatales como federales). (14) Los dispositivos de exhibición de las máquinas expendedoras no podrán estar encadenados, sujetados o fijados en ningún momento a ningún edificio o estructura, incluidos, entre otros, postes de luz, parquímetros, señales de tráfico, bocas de incendio, bancos, paradas de autobús, cubos de basura, señales de tráfico, árboles u otros objetos dentro del derecho de paso público. Ningún dispositivo de exhibición de venta se convertirá en un accesorio permanente en el lugar de la venta ni se considerará una mejora de la propiedad inmobiliaria.
(15) Los dispositivos de exhibición de las máquinas expendedoras no podrán dejarse o almacenarse sin vigilancia en la propiedad pública o en el derecho de paso público.

32.34 (16) Los vendedores en la acera no podrán vender o distribuir (A) animales vivos, vida silvestre, peces, aves o insectos; (B) artículos cuya venta o distribución está prohibida por SCMC 6.48 (Empaques de alimentos aceptados por el medio ambiente) o SCMC

6.49 (Ordenanza de reducción de bolsas de la ciudad de Santa Cruz), o (C) artículos cuya venta o distribución es de otra manera ilegal bajo otras leyes (tales como narcóticos ilegales, armas y mercancía falsificada). Tenga en cuenta que la posesión o distribución ilegal de artículos se castiga de acuerdo con los términos de la ley federal, estatal o local aplicable que hace que dicha posesión o distribución sea ilegal.

Véase la sección 5.82.140 (c).
(17) Los vendedores en las aceras no podrán utilizar las aceras o la propiedad pública como almacén para el inventario extra, la mercancía o las pertenencias personales, excepto para: (A) los dispositivos de exhibición de venta, los artículos colocados sobre o dentro de los dispositivos de exhibición de venta, y los asientos asociados, (B) las pertenencias personales totalmente contenidas debajo o dentro de un dispositivo de exhibición de venta.
(18) Ninguna persona podrá utilizar el mobiliario urbano, incluido cualquier banco, jardinera, armario de servicios públicos u otro mobiliario urbano o estructura instalada permanentemente en la propiedad pública, para la exposición, venta o distribución de alimentos, bienes o mercancías.
(19) Los vendedores en las aceras no interferirán injustificadamente con el acceso o el uso de la infraestructura de la ciudad, incluidos los bancos de la ciudad, los soportes para bicicletas, las rampas de acceso para sillas de ruedas, las escaleras, los parquímetros, los contenedores de basura o los contenedores de reciclaje. (20) Los vendedores en las aceras no bloquearán injustificadamente el acceso o crearán una congestión injustificada en (A) una esquina de cualquier intersección de calles, (B) cualquier boca de incendios, caja de llamada de incendios, salida de emergencia u otra instalación de emergencia, (C) cualquier bordillo que esté designado como zona blanca, amarilla, verde, azul o roja, o una zona de autobuses; (D) cualquier entrada de edificio o punto de acceso a escaleras; (E) cualquier entrada de vehículos o plataforma de entrada de vehículos; (F) sobre o dentro de cualquier calzada, franja de separación o sección divisoria; o (G) en cualquier estación de pago de estacionamiento. Vender u operar de una manera que viole el camino accesible de viaje para las personas con discapacidades es per se irrazonable. (21) Los remolques no están permitidos en la acera de acuerdo con el Código de Vehículos de California 22500(f). La violación de esta norma se sanciona de acuerdo con los términos del Código de Vehículos de California. (22) Los vendedores en las aceras no deben operar o vender de una manera que viole los términos o condiciones de su permiso de venta en las aceras o el permiso de venta en los parques (si es aplicable).

32.35 (b) El administrador de la ciudad o su designado puede promulgar regulaciones que gobiernen la venta en las aceras para llevar a cabo las disposiciones de este capítulo y para abordar preocupaciones objetivas de salud, seguridad y bienestar. La violación de tales regulaciones constituirá una violación separada de este capítulo.

5.82.040 - SOLICITUD DE PERMISO DE VENTA EN LA ACERA.
(a) Ninguna persona puede dedicarse a la venta en aceras en la ciudad sin obtener primero (1) un permiso de venta en la acera emitido de acuerdo con esta sección; (2) una licencia comercial emitida de acuerdo con el Capítulo 5.04; (3) si es aplicable, un permiso de venta móvil emitido de acuerdo con el Capítulo 5.22; y 4) si es aplicable, un permiso de venta en parques, emitido de acuerdo con la Sección 5.82.090 de este capítulo. (b) Para solicitar un permiso de venta en la acera, el solicitante de la misma debe presentar una solicitud en el Departamento de Planificación y Desarrollo Comunitario, acompañada de una tasa de solicitud por un cantidad establecido por resolución del Ayuntamiento. La solicitud se presentará en un formulario prescrito por el Director y deberá contener lo siguiente:
(1) El nombre legal y la dirección actual, el número de teléfono y la dirección de correo electrónico del solicitante, que debe ser una persona física (es decir, un ser humano individual y no una corporación, empresa, sociedad, etc.); (2) Si vende en la acera como representante de una empresa, asociación o sociedad, el nombre y la dirección de la misma y los nombres y residencias de los socios o miembros de la asociación. Si vende en la acera como representante de una corporación, el nombre y la dirección de la misma y los nombres y residencias de los funcionarios y de un gerente local;
(3) Si procede, el número de identificación del vehículo, la marca, el modelo y el número de motor, así como la fotografía de cualquier vehículo de venta móvil (tal como se define en la sección 5.22.010(b) del SCMC) que se proponga utilizar junto con las operaciones de venta en la acera propuestas, o toda la información de que se disponga en el momento de la solicitud;
(4) Una descripción de los alimentos o mercancías que se ponen a la venta; (5) Una descripción, junto con las dimensiones, del dispositivo de visualización de venta que se utilizará;
(6) Las horas al día y los días a la semana durante los cuales el vendedor de aceras solicitante propone operar;

32.36 (7) Una descripción de la(s) zona(s) en la(s) que el vendedor de aceras solicitante desea operar;
(8) Si el solicitante pretende operar como vendedor fijo en la acera o como vendedor ambulante en la acera;
(9) Un solicitante de venta en la acera debe proporcionar una copia de una licencia comercial válida emitida de acuerdo con el Código Municipal de la Ciudad de Santa Cruz 5.04 antes de la emisión de un permiso de venta en la acera; (10) Una copia de un permiso de vendedor de California válido, de conformidad con el artículo 6067 del Código de Impuestos y Arbitrios;
(11) Una copia del carnet de conducir de California, de la tarjeta de identificación de California, del pasaporte de EE.UU., del número de identificación del contribuyente individual, del número de identificación federal o de otro número o tarjeta de identificación emitido por un gobierno extranjero;
(12) Certificación del solicitante, bajo pena de perjurio, de que la información contenida en la solicitud es verdadera según su conocimiento y creencia; (13) Si se trata de un vendedor de alimentos en la acera, prueba de todas las aprobaciones requeridas de la División de Salud Ambiental del Condado de Santa Cruz y copias de cualquier permiso de descarga aplicable; (14) Un reconocimiento de haber leído y un acuerdo para cumplir con este capítulo

5.82 del SCMC (Venta en la acera), el capítulo 6.48 del SCMC (Envases de alimentos ambientalmente aceptables), el capítulo 6.49 del SCMC (Ordenanza de reducción de bolsas de la ciudad de Santa Cruz), y el capítulo 16.19 del SCMC (Control de la contaminación de la escorrentía urbana); y
(15) Los siguientes requisitos de liberación, indemnización y reconocimiento:
(A)Un acuerdo por parte del solicitante para renunciar y liberar a la Ciudad y a sus funcionarios, agentes, empleados, contratistas y voluntarios de y contra cualquier y todos los reclamos, costos, responsabilidades, gastos o juicios (incluyendo honorarios de abogados y costos judiciales) relacionados con o que surjan de las actividades de venta en la acera del solicitante.
(B) Un acuerdo por parte del solicitante para, en la mayor medida permitida por la ley, defender, indemnizar y eximir de responsabilidad a la Ciudad, sus funcionarios, agentes, empleados, contratistas y voluntarios de y contra cualquier

32.37 y todas las reclamaciones relacionadas con o que surjan de las actividades de venta en la acera del solicitante.
(C) Un reconocimiento y acuerdo de que el uso de la acera u otras instalaciones de la Ciudad por parte del solicitante es bajo su propio riesgo, y no es responsabilidad de la Ciudad garantizar que el lugar de la venta sea seguro o propicio para las actividades de venta.

5.82.050 - APROBACIÓN, CONDICIONES, DENEGACIÓN O REVOCACIÓN DEL PERMISO DE VENTA EN LA ACERA.
(a) El Director o la persona que éste designe aprobará la concesión del permiso de venta en la acera a menos que determine que
(1) La información contenida en la solicitud, o la información complementaria solicitada al solicitante, es falsa en cualquier detalle material; o (2) Las operaciones propuestas en la solicitud son contrarias a las disposiciones de este capítulo, o son contrarias a cualquier reglamento promulgado de conformidad con la sección 5.82.030 (b); o
(3) El solicitante no ha presentado una solicitud completa, después de haber sido notificado de la obligación de presentar información o documentos adicionales; o (4) El solicitante no ha demostrado su capacidad para cumplir las normas de funcionamiento establecidas en este capítulo o cualquier norma establecida en los reglamentos promulgados de conformidad con la sección 5.82.030 (b); o (5) El solicitante no ha pagado o resuelto de otro modo cualquier citación administrativa anterior relacionada con una infracción anterior de este capítulo; o (6) La ubicación de las operaciones de venta propuestas ya ha sido aprobada para otro uso (incluyendo potencialmente otras operaciones de venta) en el momento en que el solicitante propone vender en la ubicación en cuestión; o (7) Las operaciones de venta propuestas son ilegales, y/o la aprobación por parte de la Ciudad de un permiso de venta en la acera sería contraria a los requisitos legales aplicables a la Ciudad.
(b) Si se deniega el permiso, se entregará al solicitante una notificación por escrito de dicha denegación y los motivos de la misma.

32.38 (c) El Director o su designado puede agregar condiciones razonables para el permiso de venta en la acera, regulando el tiempo, lugar y manera de la venta en la acera. Tales condiciones deben ser (1) consistentes con este Capítulo y cualquier regulación promulgada de acuerdo con la Sección 5.82.030 (b), y (2) directamente relacionadas con la salud pública objetiva, la seguridad, las preocupaciones de bienestar, o directamente relacionadas con los requisitos legales aplicables a la Ciudad. (d) El uso de una estructura de sombra puede solicitarse en una solicitud de permiso de venta en la acera, y dicha solicitud se concederá si (1) existe un espacio adecuado para la estructura de sombra en la ubicación propuesta para la venta (incluido cualquier espacio necesario para los peatones (incluidos los peatones discapacitados), los vehículos y los ciclistas), (2) el uso de la estructura de sombra en la ubicación propuesta no tendría un impacto negativo ni pondría en riesgo la salud, la seguridad o el bienestar públicos, y (3) el uso de la estructura de sombra en la ubicación propuesta no sería contrario a los requisitos legales aplicables a la Ciudad.
(e) El uso de un generador puede solicitarse en una solicitud de permiso de venta en la acera, y dicha solicitud se concederá si el uso propuesto del generador (1) no creará ruidos irrazonables, peligros de tropiezos y caídas u otros riesgos o impactos adversos para la salud, la seguridad o el bienestar públicos; (2) no es de otro modo ilegal o contrario a los requisitos legales aplicables a la Ciudad; y (3) es aprobado por todas las entidades reguladoras apropiadas, como el Distrito de Recursos del Aire de la Bahía de Monterey (MBARD), si esas entidades reguladoras apropiadas requieren la aprobación del uso del generador.
(f) El Director o su designado puede revocar un permiso de venta en la acera por una cuarta o subsiguiente violación de este capítulo. Un vendedor en la acera cuyo permiso es revocado puede solicitar un nuevo permiso de venta en la acera al expirar el término del permiso rescindido.
(g) Cualquier persona cuya solicitud de permiso de venta en la acera sea denegada, revocada o condicionada de una manera que el solicitante considere que no está de acuerdo con los requisitos legales aplicables, puede apelar dicha decisión ante el Administrador de la Ciudad presentando una notificación de apelación por escrito ante el Administrador de la Ciudad o su designado dentro de los 10 días naturales posteriores a la recepción de la notificación de denegación, condiciones o revocación. La audiencia de apelación se llevará a cabo de conformidad con el procedimiento de audiencia de aplicación administrativa contenida en el Título 4 de este Código.

5.82.060 - CADUCIDAD Y RENOVACIÓN DEL PERMISO DE VENTA EN LA ACERA.

32.39 Un permiso de venta en la acera será válido durante doce (12) meses a partir de la fecha de emisión, excepto que un permiso de venta en la acera de la Ciudad se considerará nulo y sin efecto tras la revocación o el vencimiento de: (a) la licencia comercial relacionada emitida por la Ciudad, (b) un permiso requerido del Departamento de Salud Ambiental del Condado de Santa Cruz, y/o (c) el permiso de vendedor de California de acuerdo con la Sección 6067 del Código de Ingresos e Impuestos.

5.82.070 - APLICABILIDAD DEL PERMISO.
(a) Un permiso de venta en la acera sólo permitirá el funcionamiento de un dispositivo de visualización de venta en cualquier momento.
(b) Ningún permiso concedido en virtud del presente capítulo será transferible.

5.82.080 - HORARIOS Y LUGARES DE VENTA RESTRINGIDOS.
(a) A menos que esté específicamente permitido por otra disposición de este código municipal, para garantizar el acceso rápido del personal de primera respuesta y de emergencia; para mejorar la accesibilidad de las aceras para las personas con discapacidades; para facilitar la entrada y salida de vehículos, derechos de paso, edificios y espacios públicos; para maximizar el uso y promover el mantenimiento de los derechos de paso, los parques, la playa y otros espacios públicos; para ayudar a preservar y proteger los hábitats sensibles, los puntos de referencia de la comunidad, las áreas naturales y escénicas y el Santuario Marino Nacional de la Bahía de Monterrey; y para reducir la exposición de la Ciudad a la responsabilidad civil, no se permite la venta estacionaria en las aceras en las siguientes áreas limitadas:
(1) Durante todo el año, en las áreas de la Avenida del Pacífico que están fuera de las zonas de venta y exhibición demarcadas por la ciudad;
(2) Durante todo el año, en cualquier parque o playa de la ciudad donde la ciudad haya suscrito un acuerdo de concesión que permita exclusivamente la venta de alimentos o mercancías por parte del concesionario;
(3) A menos de quinientos pies (500') de un mercado agrícola certificado permitido, una reunión de intercambio o un área designada para un permiso especial temporal. Esta prohibición se limitará a las horas de funcionamiento del mercado agrícola o de la reunión de intercambio, o a la duración limitada del permiso especial temporal;
(4) Durante todo el año, en las zonas exclusivamente residenciales, incluso dentro de los parques con zonas residenciales; y

32.40 (5) Durante todo el año, dentro de los espacios abiertos, naturales y paisajísticos de la ciudad, que incluyen Arana Gulch, Pogonip, Moore Creek, el paseo del río San Lorenzo y el sendero peatonal/bicicleta de West Cliff Drive. (b) Por las mismas razones identificadas en la subdivisión (a) anterior, no se permitirá la venta estacionaria o ambulante en la acera en las siguientes áreas limitadas:
(1) Del 1 de abril al 31 de octubre, en las calles y aceras de la calle Beach entre el Muelle Municipal y la calle Tercera (Third Street);
(2) Todo el año, en las vías de circulación de vehículos y peatones del Muelle Municipal de Santa Cruz;
(3) Durante todo el año, en la parte de Main Beach sobre la que la ciudad tiene una servidumbre de paso para fines recreativos y de playa únicamente en virtud de una sentencia del tribunal superior de 1933 que tranquiliza el título de propiedad de la empresa Seaside, que ordena "que no se permita la venta ambulante, la venta libre o el trueque en dicha zona";
(4) Todo el año, en la cubierta del paseo marítimo de la calle Beach; y (5) Durante todo el año, en un carril bici, una calle (incluso dentro de las plazas de aparcamiento en la calle), dentro de un camino de entrada o en un aparcamiento público.
(c) El concejo municipal, por resolución, puede designar ocasionalmente zonas de no venta o de venta limitada debido a preocupaciones objetivas de salud, seguridad o bienestar. Al designar una zona de no venta o de venta limitada, el concejo municipal deberá determinar primero que la venta sin limitaciones en el área impediría o interferiría con la salud, la seguridad o el bienestar públicos.
(d) Esta sección no se interpretará como una prohibición de los eventos que se llevan a cabo de conformidad con, y de acuerdo con, los capítulos 10.64, Grandes Eventos Especiales y

10.65, Reuniones Públicas y Eventos de Expresión.

5.82.090 - VENTA EN PLAYAS Y PARQUES DE LA CIUDAD.
(a) Se requiere un permiso adicional de venta en parques para los vendedores en la acera que deseen operar en un parque de la ciudad, playa u otra instalación dentro de la jurisdicción del departamento de parques y recreación. Ninguna persona puede vender en un parque de la ciudad, playa de la ciudad, o instalación dentro de la jurisdicción del Departamento de Parques y Recreación sin obtener primero un permiso de venta de parques. (b) El director de parques y actividades recreativas, o la persona que éste designe, podrá denegar la concesión de un permiso de venta en parques si:

32.41 (1) el vendedor en la acera no tiene todavía un permiso de venta en la acera; o (2) si la concesión del permiso de venta en parques tuviera un impacto negativo sobre la salud, la seguridad o el bienestar objetivos; o
(3) si la denegación es necesaria para garantizar el uso y disfrute por parte del público de los recursos naturales o las oportunidades recreativas; o (4) si la denegación del permiso es necesaria para evitar una concentración indebida de actividad comercial que interfiera injustificadamente con el carácter escénico y natural del parque o la playa; o
(5) si la ubicación de las operaciones de venta propuestas ya ha sido aprobada para otro uso (incluyendo potencialmente otras operaciones de venta) en el momento en que el solicitante propone vender en la ubicación en cuestión; o (6) si las operaciones de venta son ilegales, o si la aprobación del permiso por parte de la ciudad es contraria a los requisitos legales impuestos a la ciudad. (c) Si se deniega el permiso, se entregará al solicitante una notificación por escrito de dicha denegación y los motivos de la misma.
(d) El director de parques y actividades recreativas, o la persona que éste designe, puede imponer condiciones a un permiso de venta en parques. Todas las condiciones deben ser:
(1) estar directamente relacionadas con preocupaciones objetivas de salud, seguridad y bienestar, o directamente relacionadas con requisitos legales impuestos a la Ciudad; o (2) ser necesarias para asegurar el uso y disfrute del público de los recursos naturales y las oportunidades recreativas; o (3) ser necesarias para prevenir una concentración indebida de actividad comercial que interfiera injustificadamente con el carácter escénico y natural del parque.
(e) Cualquier persona agraviada por una decisión del departamento de parques y recreación de emitir, negar la emisión, condicionar o rescindir un permiso de venta en parques puede apelar la decisión al Administrador de la Ciudad o su designado dentro de 10 días calendario después de recibir el aviso de negación, condiciones o revocación. La audiencia de apelación se llevará a cabo de conformidad con el procedimiento de audiencia de aplicación administrativa contenida en el Título 4 de este Código. Si la apelación tiene éxito, el funcionario de la audiencia ordenará a la Ciudad que devuelva la tasa pagada por la apelación.

5.82.100 - PERMISO DE VENTA AMBULANTE OBLIGATORIO.

32.42 Todos los vendedores ambulantes necesitan un permiso de venta ambulante, expedido de acuerdo con el Capítulo 5.22 del Código Municipal de Santa Cruz.

5.82.110 CITACIONES ADMINISTRATIVAS.
(a) A menos que se disponga lo contrario, la violación de este capítulo por parte de un vendedor en la acera que tenga un permiso válido de venta en la acera por parte de la ciudad se sancionará únicamente con una citación administrativa de acuerdo con el capítulo 4, en cantidades que no excedan lo siguiente
(1) Cien dólares ($100.00) por la primera infracción.
(2) Doscientos dólares ($200.00) por una segunda infracción dentro de un (1) año de la primera infracción.
(3) Quinientos dólares ($500,00) por cada infracción adicional dentro de un (1) año de la primera infracción.
(b) A menos que se disponga lo contrario, la persona que se dedique a la venta en la acera sin un permiso válido de la ciudad para la venta en la acera (y/o un permiso para la venta en los parques, si procede) recibirá una citación administrativa de acuerdo con el capítulo 4 por una cantidad no superior al siguiente, en lugar de las cantidad establecidos en el párrafo (a):
(1) Doscientos cincuenta dólares ($250,00) por una primera infracción. (2) Quinientos dólares ($500,00) por una segunda infracción dentro de un (1) año de la primera infracción.
(3) Mil dólares ($1,000) por cada violación adicional dentro de un (1) año de la primera violación.
(c) Una persona a la que se le haya emitido una citación administrativa de acuerdo con la subsección (b), al presentar prueba de un permiso válido de venta en aceras emitido por la Ciudad (y/o un permiso de venta en parques, si corresponde) dentro de los diez (10) días calendario de la fecha en que se emitió la citación, puede tener el monto de su citación reducido a las cantidades establecidas en el párrafo (a). (d) A menos que se disponga lo contrario, la violación de este capítulo no será punible como infracción o delito menor. Ninguna persona que supuestamente haya violado las disposiciones del presente capítulo podrá ser detenida, excepto cuando la ley lo permita.

32.43 (e) Si un individuo viola este capítulo y se le emite una citación administrativa, esa persona está obligada a entrar en cumplimiento razonablemente rápido con este capítulo. Si una persona citada continúa operando ilegalmente y/o no entra en cumplimiento razonablemente rápido con este capítulo, el individuo puede recibir una citación administrativa posterior en el mismo día, siempre y cuando haya pasado al menos una (1) hora entre cada citación administrativa.
(f) Con el fin de facilitar la administración de este capítulo, el personal de aplicación de la ciudad está autorizado a pedir a los vendedores de la acera que se cree razonablemente que están vendiendo en violación de este capítulo su tarjeta de identificación, u otra información de identificación, y dichos individuos están obligados a proporcionar dicha información al personal de aplicación solicitante.
(g) Una persona a la que se le emita una citación administrativa puede apelar su citación administrativa, dentro de los 10 días naturales siguientes a su emisión. La audiencia de apelación se llevará a cabo de conformidad con el procedimiento de audiencia de aplicación administrativa contenida en el Título 4 de este Código. Si la apelación tiene éxito, el funcionario de la audiencia ordenará a la Ciudad que devuelva la tasa pagada por la apelación.
(h) La ciudad también proporcionará a la persona que reciba una citación un aviso de su derecho a solicitar una determinación de capacidad de pago y pondrá a su disposición instrucciones u otros materiales para solicitar una determinación de capacidad de pago.

La persona puede solicitar una determinación de la capacidad de pago en cualquier momento antes de que se pague la multa impuesta, incluso mientras una sentencia sigue sin pagarse, cuando un caso está en mora, o cuando una multa ha sido remitida a un programa de cobro integral. La determinación de la capacidad de pago será gratuita. (i) Si la persona cumple con los criterios descritos en la subdivisión (a) o (b) de la Sección 68632 del Código de Gobierno, la Ciudad aceptará, a plena satisfacción, el veinte por ciento (20%) de la cuota impuesta por una citación administrativa impuesta de conformidad con este capítulo.
(j) La ciudad puede desarrollar procesos o reglamentos que (1) permitan a una persona completar el servicio comunitario en lugar de pagar el total de la multa administrativa; (2) proporcionen exenciones de la multa administrativa; o (3) proporcionen la oferta de disposiciones alternativas.
(k) Las citaciones administrativas emitidas en virtud de esta sección incluirán el siguiente aviso: "Tiene derecho a apelar esta citación en un plazo de 10 días naturales. Si no apela, renuncia a su derecho de apelación. También tiene derecho a solicitar una determinación de la capacidad de pago en cualquier momento antes de que la multa evaluada haya sido pagada."

32.44 (l) La falta de pago de la multa emitida de acuerdo con esta sección no será punible como infracción o delito menor. No se impondrán multas adicionales, honorarios, evaluaciones o cualquier otra condición financiera más allá de las autorizadas en el presente documento por no pagar una multa de citación administrativa. (m)Ninguna persona interferirá u obstruirá voluntariamente a cualquier oficial de aplicación del código de la ciudad, CSO, o oficial de policía en su aplicación de las disposiciones de este capítulo. El (1) fracaso intencional de identificarse apropiadamente hecho con el propósito de intentar evadir una citación administrativa, y/o (2) la interferencia con u obstrucción de un embargo autorizado conforme a la Sección 5.82.120, constituirá interferencia ilegal u obstrucción bajo esta subdivisión. La violación de esta subdivisión es un delito menor.

5.82.120 - CONFISCACIÓN.
(a) La ciudad puede incautar los dispositivos de exhibición de las máquinas expendedoras, los alimentos, los bienes y/o las mercancías que:
(1) parezca razonablemente que está abandonado en una propiedad pública; o (2) son exhibidos, ofrecidos o puestos a disposición para su alquiler o venta por un vendedor en la acera que (A) opera en violación de este capítulo; y (B) se niega o no proporciona la identificación, como se requiere en la Sección 5.82.110(f); y (C) se niega a retirar su dispositivo de exhibición de venta, alimentos para la venta, y / o bienes / mercancías para la venta después de ser instruido para hacerlo por un funcionario de la ciudad; o
(3) sean expuestos, ofrecidos o puestos a disposición para su alquiler o venta por un vendedor en la acera que (A) no posea un permiso válido de venta en la acera (y/o, si procede, un permiso válido de venta en parques); y (B) también se niegue a retirar su dispositivo de exposición, alimentos para la venta, y/o bienes/mercancías para la venta después de que un funcionario de la ciudad se lo indique; o
(4) (A) crea un peligro inminente y sustancial para la seguridad o el medio ambiente por la ubicación del dispositivo de exhibición de venta o la naturaleza de los bienes que se ofrecen para la venta, y (B) se niega a retirar su dispositivo de exhibición de venta, los alimentos para la venta, y/o los bienes/mercancías para la venta después de ser instruido para hacerlo por un funcionario de la ciudad; o (5) sean expuestos, ofrecidos o puestos a disposición para su alquiler o venta por un vendedor en la acera que, en un período de 24 meses, haya sido declarado responsable de infringir este capítulo cuatro o más veces.

32.45 (b) La ciudad puede deshacerse inmediatamente de los materiales incautados que sean perecederos o que no puedan almacenarse de forma segura. (c) Un vendedor agraviado puede, en un plazo de 10 días, apelar la incautación de su propiedad solicitando una audiencia administrativa ante un oficial de audiencia designado por la Ciudad bajo el Título 4, y si tiene éxito en su apelación, puede tener su propiedad devuelta sin pagar una cuota de incautación. La audiencia de apelación se llevará a cabo de conformidad con el procedimiento de audiencia administrativa de aplicación contenida en el Título 4 de este Código. Cualquier cuota de apelación pagada por el vendedor de aceras será devuelta al vendedor de aceras si tiene éxito en la apelación. (d) Un individuo puede recuperar los materiales incautados tras pagar las tasas de incautación aplicables y demostrar una prueba de propiedad adecuada. (e) El Consejo de la Ciudad puede, mediante resolución, adoptar tasas de incautación, que reflejarán los costes de aplicación, investigación, almacenamiento e incautación de la Ciudad.
(f) Los artículos no reclamados se considerarán abandonados y serán confiscados por la ciudad después de 90 días de su confiscación.

5.82.130 - INAPLICABILIDAD.

Las restricciones de este capítulo no se aplican a los individuos o grupos que se dediquen únicamente a la representación artística, la libertad de expresión, las actividades políticas o de petición, o que se dediquen únicamente a la distribución gratuita de artículos que constituyan una actividad expresiva protegida por la Primera Enmienda, como periódicos, folletos y panfletos.

5.82.140 INTERPRETACIÓN DEL CAPÍTULO.
(a) Salvo que se indique lo contrario, las normas establecidas en este capítulo se aplicarán en toda la ciudad.
(b) Nada en este capítulo se interpretará como una prohibición para que los vendedores móviles con licencia adecuada operen de acuerdo con los términos de su permiso de venta móvil emitido de acuerdo con el Capítulo 5.22 del SCMC. (c) Nada de lo dispuesto en este capítulo pretende suplantar o sustituir el derecho penal o civil federal, estatal o local en cuestiones que no estén totalmente relacionadas con la venta en la acera o que no se deriven de ella (por ejemplo, cuestiones como la venta de

32.46 narcóticos, la infracción de derechos de autor/marcas registradas, las leyes que abordan el vertido ilegal y la basura, etc.).
(d) Si alguna subsección, oración, cláusula o frase de este capítulo es, por cualquier motivo, declarada inválida o inconstitucional por un tribunal de jurisdicción competente, dicha decisión no afectará la validez de las partes restantes de este capítulo. El concejo municipal declara por la presente que habría adoptado esta sección, y todas y cada una de las subsecciones, oraciones, cláusulas y frases de la misma que no hayan sido declaradas inválidas o inconstitucionales, sin tener en cuenta si alguna parte de la ordenanza fuera posteriormente declarada inválida o inconstitucional.
(e) Nada de lo dispuesto en este capítulo se interpretará o aplicará de forma que cree algún requisito, poder o deber que entre en conflicto con cualquier ley federal o estatal. (f) Al promulgar y aplicar este capítulo, la ciudad asume el compromiso de promover el bienestar general. No está asumiendo, ni imponiendo a sus funcionarios y empleados, una obligación por cuyo incumplimiento sea responsable en daños y perjuicios monetarios ante cualquier persona que alegue que dicho incumplimiento ha causado un perjuicio." APROBADO PARA SU PUBLICACIÓN este 22nd día de marzo de 2022, por la siguiente votación:

Santa Cruz City CouncilMarch 22, 2022

Santa Cruz City Council
March 22, 2022