Agenda packet — Santa Cruz City Council, August 23, 2022 (part 3 of 8)

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64 20. “Live/work unit” is a dwelling unit, part of which is used as a business establishment and the dwelling unit is the principal residence of the business operator or an employee of the business establishment who works in the unit.

21. “Local public employee” means a household including an employee of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.

22. “Local public funds” means any discretionary local resources, including but not limited to general and special revenue funds as approved by the Santa Cruz city council, awarded to any residential development project for the purposes of developing affordable housing.

23. “Market rate unit” is a dwelling unit that is not an affordable unit or an inclusionary unit.

24. “Member of the public” means a household that does not include either a “local public employee” or a “teacher or school district employee” with a preference for persons living or working in the city or county of Santa Cruz.

25. “Ownership residential development” means any residential project that includes the creation of two or more new or additional dwelling units or live/work units that may be sold individually, including co-housing developments.

26. “Payment standard unit” means an inclusionary unit available to tenant-based subsidy holders, as provided in Section 24.16.030(9).

27. “Rental residential development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the California Subdivision Map Act.

28. “Residential development” is any project requiring any discretionary permit from the city, or a building permit, for which an application has been submitted to the city, and which would create two or more new or additional dwelling units or SOU FDU or SRO units by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map.

29. “SOU” “FDU” means a small ownership unit Flexible Density Unit as defined at Section 24.12.1510.

30. “SRO” means a single-room occupancy residential unit that provides sleeping and living facilities in a single room but where sanitary or cooking facilities may be provided within the unit and/or shared within the housing project, or a rooming unit or efficiency unit located in a residential hotel, as that term is defined in accordance with California Health and Safety Code Section 50519, that is offered for occupancy by tenants for at least thirty consecutive days.

31. “Teacher or school district employee” means a household including any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades one to twelve, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten and grades one to eight, inclusive, or a high school district maintaining grades nine to twelve, inclusive, including but not limited to certified and classified staff.

32. “Tenant-based subsidy holder” (subsidy holder) is a household that holds a tenant-based voucher with the county of Santa Cruz housing authority.

Section 21. Section 24.16.020 – Basic On-Site Inclusionary Housing Requirements of Chapter

24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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65 24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

1. Applicability.
a. The inclusionary housing requirements defined in this chapter are applicable to all residential developments that create two or more new and/or additional dwelling units or SOUFDU or SRO units at one location by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map, except for exempt residential developments under subsection (2). b. Additional rent above and beyond affordable rent or affordable ownership cost may be permitted for the commercial/work space in a live/work unit at a rent that is determined to be affordable to qualifying households and is proportionate to the amount of commercial space provided. The amount of rent for the commercial portion of the live/work unit shall be agreed upon by the developer, the economic development director, and the planning and community development director. If no agreement can be reached, the city will retain an outside financial consultant to evaluate and determine the allowable affordable rent and establish a methodology for determining future commercial rent levels. The methodology for determining future commercial rent levels shall be defined in every affordable housing development agreement for residential developments that include at least one live/work unit.

2. The following residential developments are exempt from the requirements of this chapter:
a. Residential developments developed pursuant to the terms of a development agreement executed prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any affordable housing requirements included in the development agreement or any predecessor inclusionary housing requirements in effect on the date the development agreement was executed. b. Residential developments for which a complete application was filed with the city prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
c. Residential developments if exempted by California Government Code Section 66474.2 or 66498.1; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
d. Residential developments replacing dwelling units that have been destroyed by fire, flood, earthquake, or other acts of nature, so long as no additional dwelling units are created by the residential development; and provided, that such residential developments comply with any inclusionary housing requirements previously applied to the dwelling units being replaced.
e. Accessory dwelling units.
f. Rental residential developments with two to four dwelling units.

3. Ownership Residential Developments with Two to Four Dwelling Units. For ownership residential developments that would create at least two but not more than four new or additional dwelling units and/or live/work units at one location, the applicant shall either: (a) make one inclusionary unit available for sale at an affordable ownership cost; (b) make one inclusionary unit available at an affordable rent for low income households; or (c) pay an in-lieu fee calculated pursuant to Section 24.16.030(6).

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66 4. Ownership Residential Developments with Five or More Dwelling Units. For ownership residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Affordable Housing Requirement for Ownership Residential Developments. In an ownership residential or live/work development, twenty percent of the dwelling units shall be made available for sale to low and moderate income households at an affordable ownership cost.
b. Fractional Affordable Housing Requirement for Ownership Residential Developments – 0.7 Units or Less. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of 0.7 or less, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; (ii) make one inclusionary unit available at an affordable rent for low income households; or (iii) pay an in-lieu fee calculated pursuant to Section 24.16.030(6). This subsection (4)(b) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).
c. Fractional Affordable Housing Requirement for Ownership Residential Developments – More Than 0.7 Units. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of greater than 0.7, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; or (ii) make one inclusionary unit available at an affordable rent for low income households. This subsection (4)(c) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).
d. Rental Units in an Ownership Residential Development. i. In an ownership residential development where all dwelling units are initially offered for rent, an applicant may satisfy the inclusionary requirements by providing rental units as provided in subsection (5).
ii. The rent regulatory agreement required by Section 24.16.045 shall include provisions for sale of the inclusionary units at an affordable ownership cost to eligible households within ninety days from the issuance of the public report by the California Department of Real Estate permitting sale of the units or at termination of the tenant’s lease whichever is later and otherwise in compliance with state law; provided, however, that the sale of the entire ownership residential development from one entity to another shall not trigger the obligation to sell individual inclusionary units. To the extent relocation payments are required by law the applicant shall be wholly responsible for the cost of preparing a relocation plan and making required payments. Any tenant of an inclusionary unit at the time units are offered for sale that qualifies to purchase an inclusionary unit at an affordable ownership cost shall be offered a right of first refusal to purchase the inclusionary unit. At sale appropriate documents shall be recorded to ensure the continued affordability of the inclusionary units at an affordable ownership cost as required by Section 24.16.045.

5. Rental Residential Developments with Five or More Dwelling Units. For rental residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the

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67 dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.
b. SRO Developments. In a rental residential development comprised of SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low income households at an affordable rent.
c. Fractional Affordable Housing Requirement for Rental Residential Developments with More Than Five Dwelling Units. If the number of dwelling units required results in a fractional requirement of 0.7 or less, then there will be no inclusionary requirement for the fractional unit. If the number of dwelling units required results in a fractional requirement of greater than 0.7, then the applicant shall make one inclusionary unit available at an affordable rent. This subsection (5)(c) applies to the fractional unit only, and whole units shall be provided as required by subsections (5)(a) and (b).

6. The requirements of subsections (3) through (5) are minimum requirements and shall not preclude a residential development from providing additional affordable units or affordable units with lower rents or sales prices than required.
a. By mutual agreement by the developer, the planning and community development director, and the economic development director, the percentage of inclusionary units may be increased in exchange for reduced parking and/or other development requirements.
b. If the developer agrees to make at least forty percent of the residential project available for rent to low income households at a rental cost affordable to low income households, in addition to reduction of development requirements, by mutual agreement by the developer, the planning and community development director, and the economic development director, the city may also provide financial incentives to increase the number of inclusionary units in a project.

7. For purposes of calculating the number of inclusionary units required by this section, an accessory dwelling unit or units, constructed on parcels in the R-1 Districts or otherwise as part of a development of detached, single-family homes, shall not be counted either as part of the residential development or as an affordable unit fulfilling the inclusionary requirements for the residential development unless an alternative is approved under Section 24.16.030.

8. For the purposes of calculating the number and type of inclusionary units required by this section, accessory dwelling units constructed on parcels with multifamily structures, either as part of the initial development or anytime thereafter, shall be subject to the requirements of Section 24.16.020.5, commencing with the fifth accessory dwelling unit proposed for the parcel.

The first four accessory dwelling units on such a parcel shall not be counted either as part of the residential development or as affordable units fulfilling the inclusionary requirements for the residential development. The inclusionary requirement for accessory dwelling units constitutes a separate inclusionary requirement than that of the primary residential use and shall be met with accessory dwelling units or as otherwise permitted under 24.16.030.

89. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section.

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68 Section 22. Section 24.16.025 – Standards for Inclusionary Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.025 STANDARDS FOR INCLUSIONARY UNITS.

1. All inclusionary units shall remain affordable in perpetuity.

2. Inclusionary units shall be dispersed throughout the residential development to prevent the creation of a concentration of affordable units within the residential development, and no required inclusionary units shall be constructed as accessory dwelling units, except for inclusionary accessory dwelling units required for residential developments including five or more accessory dwelling units, subject to the requirements of Section 24.16.020.8.

3. Inclusionary units shall be compatible with the design of market rate units in terms of exterior appearance, materials, and finished quality. Interior finishes, features, and amenities may differ from those provided in the market rate units, so as long as the finishes, features, and amenities are durable, of good quality, compatible with the market rate units, and consistent with contemporary standards for new housing.

4. The applicant may reduce square footage of inclusionary units as compared to the market rate units, provided all units conform to all requirements of Titles 18 and 19 and meet the minimum square footage requirement that affordable units are at least seventy-five percent of the average size of all market rate units in the development with the same bedroom count, and for residential developments including five or more accessory dwelling units, the inclusionary requirements for the accessory dwelling units shall be met by providing accessory dwelling units conforming to the above standards for size. For the purpose of this subsection, the “average size” of a unit with a certain bedroom count equals the total square footage of all market rate units or all accessory dwelling units, with that bedroom count in the development divided by the total number of market rate units, or accessory dwelling units, with the same bedroom count in the development.

5. For developments with multiple market rate unit types containing differing numbers of bedrooms, inclusionary units shall be representative of the market rate unit mix and for developments including accessory dwelling units, the required inclusionary accessory dwelling units shall be calculated separately and shall be representative of the accessory dwelling unit size mix.

6. All building permits for inclusionary units in a phase of a residential development shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the inclusionary units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for inclusionary units in a phase of a residential development shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. When alternative methods of compliance are proposed pursuant to Section 24.16.030, the planning and community development director and the economic development director may jointly approve alternative phasing of market rate and inclusionary units if it finds that the proposal provides adequate security to ensure construction of the inclusionary units. Phases of construction shall be defined as a part of the first approval.

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69 7. Rental to Tenant-Based Subsidy Holders. Owners of rental residential developments or SRO developments shall accept tenant-based subsidy holders (subsidy holders) as tenants of the inclusionary units, on the same basis as all other prospective tenants. The owner shall not apply selection criteria to subsidy holders that are more burdensome than the criteria applied to all other prospective tenants, nor shall the owner apply or permit the application of management policies or lease provisions which have the effect of precluding occupancy of the inclusionary units by subsidy holders.

Section 23. Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.100 PURPOSE.

The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single- or multifamily dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community’s housing stock. Thus, it is found that accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are compatible with residential development. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security.

In addition the ordinance codified in this part provides a mechanism to grant legal status to existing illegally constructed accessory dwelling units in single-family neighborhoods. By encouraging legalization, safe dwellings may be added to the city’s existing housing supply.

Thus it is found that accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities throughout the city of Santa Cruz. To ensure that accessory dwelling units will conform to General Plan policy the following regulations are established.

24.16.120 LOCATIONS PERMITTED.

Accessory dwelling units are permitted on lots of any size in conjunction with a proposed or existing residential use in any zone that allows residential uses.

24.16.125 DEFINITIONS.

The following definitions shall apply to accessory dwelling units throughout the municipal code:
“Conversion accessory dwelling unit” shall mean any accessory dwelling unit created primarily by the conversion of any permitted, entitled, or legal nonconforming structure, or portion of such a structure. On property developed with multifamily structures only areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, shall be eligible to become conversion accessory dwelling units.

Consistent with zoning standards, conversion accessory dwelling units shall be permitted to expand the existing footprint of the structure by up to one hundred fifty square feet, and the

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70 existing height by up to two feet, and must be in conformance with all requirements of Section 24.16.142.
“New construction accessory dwelling unit” shall mean any accessory dwelling unit that includes new construction and which does not meet the definition and requirements for a conversion accessory dwelling unit.

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.

2. Accessory dwelling units on substandard lots shall not be required to obtain a design permit unless they are associated with the construction of a new single-family dwelling per Section 24.08.400 et seq.

3. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of a single-story accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3). Applications that propose to locate an accessory dwelling unit on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundred-square-foot accessory dwelling unit that would not trigger additional reviews;
b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the same lot or parcel; or
c. When the applicant seeks a delay.

4. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

5. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.

24.16.140 DEVELOPMENT STANDARDS.

All accessory dwelling units, both new construction and conversion, must conform to the following requirements:

1. Number of Accessory Dwelling Units per Parcel.

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71 a. For parcels zoned for and including a proposed or existing single-family home: One accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For parcels developed with an existing multifamily structure(s): Two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

2. Parking. No off-street parking shall be required for any accessory dwelling unit outside of the Coastal Zone. Any parking spaces, covered or uncovered, removed in order to create an accessory dwelling unit shall not be required to be replaced outside the Coastal Zone. For properties within the Coastal Zone, parking requirements are contained in Section

24.12.240(1)(w).

3. Unit Size.
a. The floor area for new construction detached accessory dwelling units shall not exceed ten percent of the net lot area or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater, and no detached new construction ADU shall exceed a maximum of one thousand two hundred square feet of habitable area.
b. The floor area for new construction accessory dwelling units attached to the principal residential use on the property shall not exceed fifty percent of the existing habitable floor area of the principal residential use on the property, or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater.
c. The floor area for conversion accessory dwelling units shall not be limited, subject to compliance with Section 24.16.142.
d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:

1. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;

2. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i).

5. Rear Yard Lot Coverage. In no case shall any accessory dwelling unit be limited in size based on rear yard lot coverage requirements contained in Section 24.12.140(5). In the

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72 application of Section 24.12.140(5), accessory dwelling units shall count toward the limit on allowable coverage by other accessory structures.

6. The following standards apply to accessory dwelling units located outside the standard side and rear yard setbacks for the zone district in which they are proposed:
a. The entrance to the accessory dwelling unit shall face the interior of the lot unless the accessory dwelling unit is directly accessible from an alley, a public street, or the Monterey Bay Sanctuary Scenic Trail.
b. Windows which face an adjoining residential property shall be designed to obscure views of neighboring yards by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

7. Alley or Rail Trail Orientation. When an accessory dwelling unit is adjacent to an alley or the Monterey Bay Sanctuary Scenic Trail, the accessory dwelling unit is encouraged to be oriented toward the alley or trail with the front access door and windows facing the alley.

Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to six eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.

8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing for such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third

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73 percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes.

Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental. i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

9. Connections Between Units. At the discretion of the planning director, accessory dwelling units may be permitted to create direct access between units, or common access to a shared garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

10. Other Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

11. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.

24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Design. The design of the accessory dwelling unit shall relate to the design of the principal single-family dwelling by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

2. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least five feet and rear setbacks of at least ten feet.

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74 i. Exception: Any two-story accessory dwelling unit oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall provide a setback of no less than five feet from the side and rear property lines.
c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front and side yard setbacks shall be the same as those required for single-family homes in the zoning district.

3. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall meet the same setbacks required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit.

4. Building Height and Stories.
a. A one-story detached new construction accessory dwelling unit shall be no more than sixteen feet in height measured to the roof peak.
b. A two-story detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:
i. Any two-story accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. ii. Any two-story accessory dwelling unit that is oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall be subject to a height limit of twentytwo feet. iii. Any other two-story accessory dwelling unit shall be subject to a height limit of twenty-two feet.
c. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be oriented to obscure views of neighboring yards by ADU occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to twostory ADUs that conform to the setbacks required for the primary structure on the parcel. d. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district, except as noted in subsection (3). e. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

5. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.

Decks under thirty inches in height or fully cantilevered with no vertical support posts do

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75 not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage.

For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted as lot coverage. b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area. c. Continuous long walls parallel to the side property line with narrow side yards shall be minimized.
d. Landscaping shall be required at least for front yard areas. e. Structures, landscaping or other features shall incorporate methods to lessen the visibility of garages on a street facade.

6. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.

24.16.142 CONVERSION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Setbacks and Lot Coverage. Conversion accessory dwelling units shall be permitted to maintain the existing setbacks and lot coverage of the structure to be converted or reconstructed, regardless of their conformance to current zoning standards.

2. Reconstruction. Structures to be converted may either be converted utilizing the existing structural components of the building, or reconstructed within the existing three-dimensional physical space occupied by the structure.

3. Additions and Expansions. An accessory dwelling unit shall be considered a conversion accessory dwelling unit when the proposed dwelling unit is created primarily within an existing or reconstructed structure.
a. Expansions of floor space up to one hundred fifty square feet shall be permitted, and these expansions shall comply with the development standards that apply to new construction accessory dwelling units as stated in Section 24.16.141, and shall not enlarge the accessory dwelling unit beyond one thousand two hundred square feet, unless necessary to accommodate ingress and egress to the accessory dwelling unit. b. Expansions of height up to two feet in additional height shall be permitted, and these expansions shall comply with the height limits set for new construction accessory dwelling units in Section 24.16.141.
c. Any expansion in excess of the above thresholds will trigger review as a new construction accessory dwelling unit, including assessment of any required fees.

24.16.150 DEED RESTRICTIONS.

Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:

1. The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately.

21.319
76 2. The unit is restricted to the approved size.

3. The use of the accessory dwelling unit or junior accessory dwelling unit shall be in effect only so long as the property is in compliance with the ordinance as codified and the land use agreement recorded on the property, including any requirements regarding occupancy.

4. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement.

5. The deed restrictions shall lapse upon removal of the accessory dwelling unit or junior accessory dwelling unit.

6. For properties with accessory dwelling units and/or junior accessory dwelling units that are located in a permit parking program district, the primary residence and the accessory dwelling unit combined shall qualify only for the number of residential parking permits that would have been available to the primary residence. No additional permits will be granted for the accessory dwelling unit. The property owner shall offer the tenant of an accessory dwelling unit a residential parking permit if requested by the tenant.

7. For properties developed with single-family homes, neither the accessory dwelling unit, the junior accessory dwelling unit, nor the primary unit shall be used as a short-term rental. On properties zoned for and developed with multifamily structures, the accessory dwelling unit shall not be used as a short-term or vacation rental. In units within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.

24.16.160 ZONING INCENTIVES.

The following incentives are to encourage construction of accessory dwelling units:

1. Affordability Requirements for Fee Waivers. Accessory dwelling units proposed to be rented at affordable rents, as established by the city, may have development fees waived per Part 4 of this chapter. Existing dwelling units shall be relieved of the affordability requirement upon payment of fees in the amount previously waived plus the difference between that amount and the fees in effect at the time of repayment.

2. Covered Parking. The covered parking requirement for the principal single-family dwelling shall not apply if an accessory dwelling unit is provided. However, no plumbing fixtures may be installed in any remaining existing garage or newly constructed garage on a property that has an accessory dwelling unit without approval of the zoning administrator.

3. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the zoning administrator. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than fifty percent of the front yard width shall be allowed to be parking area.

4. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the principal single-family dwelling and the accessory dwelling unit may be provided in tandem on a driveway. A tandem arrangement consists of one car behind the other. No more than three total cars in tandem may be counted towards meeting the parking requirement.

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

1. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an

21.320
77 allowed use and where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

3. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in an addition to a single-family dwelling.

4. Junior accessory dwelling units may be no larger than five hundred square feet in size.

5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.
c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Junior accessory dwelling units may include separate sanitation facilities, or may share sanitation facilities with the primary dwelling.

7. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling. Junior accessory dwelling units that do not contain all the required features of a dwelling unit will be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling unit.

8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.

Section 24. Section 24.16.205 - Definitions of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.205 DEFINITIONS.

For purposes of this Part 3 of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Part 3 its most reasonable interpretation.

1. “Affordable ownership costs” means a sales price resulting in projected average monthly housing costs during the first calendar year of a household’s occupancy, including mortgage payments, property taxes, homeowners insurance, and homeowners association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, which do not exceed the following:
a. For moderate-income households: one hundred ten percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty-five percent, and divided by twelve.
b. For lower-income households: seventy percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

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78 c. For very-low-income households: fifty percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.

The city may determine sales prices of affordable units by any reasonable method so long as average monthly housing payments of eligible households do not exceed those permitted by this definition.

2. “Affordable rent” means monthly housing expenses, including rent, utilities, and all fees for housing services, which does not exceed the following:
a. For lower-income households: sixty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
b. For very-low-income households: fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
c. For federally subsidized units under the Housing Choice Voucher/Section 8 Program or other similar federal programs, federal rental terms may be applied at the discretion of the planning and community development director.

3. “Affordable units” are dwelling units which are affordable to very-low-, lower-, or moderate-income households as defined by this Part 3 and are subject to rental, sale, or resale provisions to maintain affordability.

4. “Area median income” is area median income for Santa Cruz County as published by the state of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

5. “Assumed household size based on unit size” is a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.

6. “Child care facility” is a child daycare facility other than a family daycare home, as defined in Section 24.22.355, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age child care centers.

7. “Commercial development” is a construction project for nonresidential uses.

8. “Commercial development bonus” is a modification of development standards mutually agreed upon by the city and a commercial developer that is provided to a commercial development eligible for such a bonus under Section 24.16.258. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

9. “Density bonus” is a density increase over the otherwise allowable maximum residential density on a site, granted pursuant to this Part 3 of this chapter or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

10. “Density bonus units” are residential units granted pursuant to this Part 3 of this chapter which exceed the otherwise allowable maximum residential density for a housing development.

11. “Development standard” is any site or construction condition that applies to a housing development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation. A “site and construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a housing development.

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79 12. “First approval” is the first of the following approvals to occur with respect to a housing development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permit listed in Section 24.04.030.

13. “Flexible Density Unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and Zoning Ordinance density standards. Developments including this unit type may consist solely of FDUs or include other residential units.
1413. “Household income” is the combined adjusted net household income for all adult persons living in a living unit as calculated pursuant to California Code of Regulations, Title 25, Section 6916, or successor provision.
1514. “Household, low or lower income” is a household whose income does not exceed the lower-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1615. “Household, moderate income” is a household whose income does not exceed the moderate-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1716. “Household, very low income” is a household whose income does not exceed the verylow-income limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105.
1817. “Housing development” is a development project on contiguous lots that are the subject of one development application, consisting of five or more residential units (not including any density bonus units), including single-family and multifamily and single-room occupancy units, for sale or for rent. For the purposes of this Part 3, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. In all cases density bonus units are not included for the purpose of determining whether the development consists of five or more units or lots. 1918. “Incentives and concessions” are regulatory concessions as listed in Section 24.16.255. 2019. “Inclusionary unit” is an ownership or rental dwelling unit or single-room occupancy unit within a housing development which is required under Part 1 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households. 2120. “Major transit stop” is an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than twenty-five percent of their area farther than onehalf mile from the stop and if not more than ten percent of the units or one hundred units, whichever is less, in the housing development are farther than one-half mile from the stop.

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80 2221. “Market rate unit” is a dwelling unit which is not an affordable unit as defined in this Part 3.
2322. “Maximum residential density” is the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the General Plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the land use element density shall prevail. This definition is used to calculate a density bonus pursuant to this Part 3 of this chapter. 2423. “Partnered housing agreement” is an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

24. “Small ownership unit” or “SOU” is a dwelling unit containing no more than one bedroom and floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a housing development where all dwelling units are SOU units and are offered for sale to the general public.

25. “Special needs housing” is any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by California Welfare and Institutions Code Section 5890.

26. “Unobstructed access” to a location means that a resident is able to access the location without encountering natural or constructed impediments.

Section 25. Section 24.22.160 – Building, Height of in Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.22.162 BUILDING, HEIGHT OF.

The vertical distance from average grade, as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average midpoint of roof planes (calculated by using the intersection of the roofline with the exterior building wall, not including eaves or overhangs, as the low point and the peak of the roof as the high point) of the highest

21.324
81 gable of a pitch or hip roof. In calculating the height of a stepped or terraced building, the height of each individual segment of the building shall first be calculated; the height of a stepped or terraced building is the height of the tallest segment of the building. Height limitations shall not apply to uses listed in Section 24.12.150, Height limit modifications, of this title.

Section 26. Section 24.22.355 – Family Daycare Home of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.22.355 FAMILY DAYCARE HOME.

1. A family daycare home means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Such facilities must be licensed by the state of California and operate under the standards of state law. The capacities include children under the age of ten who live in the home.

A family daycare home, either small or large, includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A family daycare home, either small or large, is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
a. “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 of the State Health and Safety Code and as defined in State regulations.

A large family daycare home may provide family daycare to seven to twelve children, inclusive, or up to fourteen children, inclusive, if all of the following conditions are met:
(i) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
(ii) No more than three infants are cared for during any time when more than twelve children are being cared for.
(iii) The licensee notifies a parent that the facility is caring for two additional school age children and that there may be up to thirteen or fourteen children in the home at one time.
(iv) The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented. b. “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 of the State Health and Safety Code and as defined in State regulations.

A small family daycare home may provide family daycare to six or fewer children, or eight or fewer children if all of the following conditions are met:
(i) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.

21.325
82 (ii) No more than two infants are cared for during any time when more than six children are cared for.
(iii) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.
(iv) The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented.

Section 27. Section 24.22.456.1 – Housing, Volumetric Modular of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

24.22.456.1 HOUSING, VOLUMETRIC MODULAR
Buildings for residential or mixed commercial and residential buildings composed fully or primarily (over 50%) of modules or building systems that are manufactured off-site in such a manner that all concealed parts or processes of manufacture cannot be inspected on the construction site. These factory-finished modules are then stacked and joined onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the California Building Standards Commission pursuant to Section 19990 of the Health and Safety Codes to form a substantially complete building. Ideally, only bolting and interconnection of building services is required at the site. This definition does not apply to mobilehomes or recreational vehicles.

Section 28. Section 24.22.586 – Open Space, Usable of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.22.586 OPEN SPACE, USABLE.

Outdoor area on the ground, roof, balcony, deck, or porch which is designed and used for outdoor living, recreation, pedestrian access, or landscaping. The term shall not include off-street parking or driveway areas, nor shall more than twenty-five percent of the required open space be assigned to private balcony areas, nor shall such area have a slope greater than ten percent, or any dimension of less than ten feet. The term may include private balconies if their least smallest dimension is four linear feet or more.

For new construction, where trees are retained on a site, the area under the canopy of a retained tree shall count double toward the Usable Open Space requirement. This area shall be calculated as the area contained within the circumference of a circle drawn using a radius equivalent to the average depth of the canopy from the center of the tree.

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ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 24.04 – ADMINISTRATION; 24.08 – LAND USE PERMITS AND FINDINGS;

24.10 – LAND USE DISTRICTS; AND 24.12 – COMMUNITY DESIGN OF THE SANTA

CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM TO ESTABLISH

OBJECTIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY HOUSING, ADD NEW

MIXED-USE ZONING DISTRICTS, IMPLEMENT DEVELOPMENT REVIEW PROCESS

CHANGES, AND MAKE ADDITIONAL MODIFICATIONS TO MUNICIPAL CODE TITLE 24 – ZONING ORDIANCE TO CLARIFY AND UPDATE VARIOUS CODE SECTIONS,

REMOVE OBSOLETE SECTIONS AND REFERENCES, STREAMLINE APPLICATION

PROCESSES, AND BRING THE ZONING ORDINANCE INTO CONFORMITY WITH

STATE LAW
Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter 24.04 – Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.030 TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE.

The following permits and actions are established in order to carry out the purposes and requirements of this title:

1. Appeals;

2. Coastal permit;

3. Conditional driveway permit;

34. Conditional fence permit;

45. Conservation regulations modifications (in the Coastal Zone only);

56. Design permit;

67. Demolition/conversion permit:
a. Demolition authorization permit for residential structures, b. Historic demolition permit;

78. Extension of permits;

89. Historic building survey: building designation and deletion; 910. Historic alteration permit;
9a10a. Administrative historic alteration permit;
1011. Historic landmark designation;
1112. Mobile homes: certificate of compatibility;
1213. Mobile home park conversion;
1314. Planned development permit;

14. Project modifications, pursuant to Section 24.04.160(4)(b);

15. Relocation permit;

16. Revocation of permits;

17. Signs:

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a. Design permit (for signs),
b. Building permit (for signs),
c. Sign permit – public art exception;

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; plus the following:
(1) Any earth-disturbing activity on known archaeological sites, b. Special use permit, for uses requiring a special use permit;

20. Variance;

21. Watercourse development permit;

22. Watercourse variance;

23. Zoning Ordinance and General Plan text/map amendments;.

24. Project modifications, pursuant to Section 24.04.160(4)(b).

Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.

Application for any permit shall be made by the property owner, or his/her authorized agent, to the zoning administrator on forms prescribed for the purpose. Alternatively, where a property developer has entered into an owner participation agreement or a disposition and development agreement with the redevelopment agency of the city of Santa Cruz for development of property for which the developer has yet to secure site control, the cityredevelopment agency may make the permit application if the subject agreement provides for the city’sredevelopment agency’s acquisition of the property on the developer’s behalf. The application shall include information as may be necessary for adequate review of the application. A list of such information is set forth on the application form.

Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

1. Appeals;

2. Coastal permit except for an accessory dwelling unit;

3. Conditional fence permit when required by Section 24.08.620;

4. Design permit:
a. When accompanying another permit requiring a public hearing or upon a zoning administrator determination that a public hearing is required; b. For new two-story structures and/or second-story additions associated with a singlefamily residential use on substandard residential lots, excluding any Accessory Dwelling

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Unit or Junior Accessory Dwelling Unit as defined in Chapter 24.16 Part 2 in the R-S and any R-1 Districts;
c. For large homes in R-1 Districts per Section 24.8.450; d. Wireless telecommunications facilities per Part 15 of Chapter 24.12; or e. New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
f. Mixed-Use or Residential Development that varies from one or more of the objective design standards of Chapter 24.12.185 of the Municipal Code

5. Density Bonus Applications

6. Demolitions: residential, except for a single-family residence, and historical buildings;

76. Historic building survey: building designation, deletion;

87. Historic landmark alteration permit;

98. Historic landmark designation;
109. Mobile home park conversion;
1110. Slope Development Permit (on or within 20 feet of a 50% or greater slope) outside the Coastal Zone;
1211. Planned development permit;

12. Relocation of structures;
1312. Revocation of permits;
1413. Use permits:
a. Administrative use permit, except:
i. when the proposed use is temporary, as defined in this title; ii. for variations to parking design requirements and number of spaces; and iii. half baths in accessory structures; and
iv. for low risk alcohol outlets;
b. Special use permit (including historic district/historic landmark use permit); 1514. Variance;
1615. Watercourse variance;
1716. Project modifications, pursuant to Section 24.04.160(4)(c); 1817. Zoning Ordinance and General Plan text and map amendments.

Section 4. Section 24.04.130 – Decision-Making Body With Final Authority on Application Approval of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

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.

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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.

Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Permits/Actions****
Action Recommendation Action
Appeal Bodies
(in order)
Coastal Permit ZA
(ADU*)
ZA* CPC/CC/CCC*
Administrative Use Permit: Large
family daycare homes, temporary
Temporary uses, variations to
parking design requirements and
number of spaces, low risk alcohol
outlets, and half baths in accessory
buildings

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

ZA CPC/CC
Conditional Driveway Permit ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
Slope Regulations Modifications
(Variance) in the Coastal Zone
CPC CC
Slope Development Permit (on or
within 20 feet of a 50% or greater
slope) outside the Coastal Zone

ZA CPC/CCC
Slope Regulations Modifications
(Design Permit) in the Coastal
Zone

ZA CPC/CC
Slope Development Permit (on or
within 20 feet of a slope greater
than or equal to 30% and less
than 50%) outside the Coastal
Zone

ZA CPC/CC
Design Permit ZA CPC/CC

1. Substandard lots: New twostory structures and secondstory additions with a singleZA CPC/CC

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2. Large homes per
Section 24.08.450

ZA CPC/CC

3. Wireless
telecommunications
facilities

ZA ZA CPC/CC

4. New structures or
improvements to existing
structures in the WCD
Overlay which are exempt or
excluded from coastal permit
requirements

ZA CPC/CC

5. New structures or
improvements to existing
structures in the WCD
Overlay which require a
coastal permit

ZA CPC/CC

6. Mixed-Use or Residential
Development conforming to
all standards of Section

24.12.185
ZA

7. Mixed-Use or Residential
Development varying from
no more than five standards
of Chapter 24.12.185 of the
Municipal Code
ZA

8. Mixed-Use or Residential
Development that varies
from six or more standards
of Chapter 24.12.185 of the
Municipal Code
CPC
Demolition Permit

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

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Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Permits/Actions****
Action Recommendation Action
Appeal Bodies
(in order)

3. Historic demolition permit HPC CC

4. Nonresidential ZA** ZA** CPC/CC
General Plan Text and Map
Amendments
C 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
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 Hearing 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

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Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Permits/Actions****
Action Recommendation Action
Appeal Bodies
(in order)
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 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). ** 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).

Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.160 LIFE OF PERMIT.

1. Expiration.
a. Each approved permit shall expire and become null and void thirty-six months from the date on which it is approved, unless exercised; a lesser time period may be specified. A relocation permit shall be exercised within six months. b. An approved permit applies to the subject property and runs with the land. Once exercised, an approved permit remains effective unless terminated or modified and remains effective even if the subject property is rezoned.
c. An approved permit is transferable to any future owner of the subject property.

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d. Any use permit which has been exercised shall expire and become void where the use has ceased for a period of six consecutive months, whether or not it is the intent to abandon said use.
e. All active permits as of March 10, 2009, and those approved up to and including March 10, 2010, shall have the life of the permit automatically extended an addition one year from the length of time currently allowed under subsection (1)(a). This extension authorization shall expire on March 11, 2011, unless otherwise extended by the city council.

2. Extension of Permits. Any permit issued in conjunction with a project that has had its tentative subdivision map or parcel map extended pursuant to the provisions of the California Subdivision Map Act, Government Code Sections 66410 et seq. or the city’s Subdivision Ordinance, S.C.M.C. Title 23, shall have its associated land use permits automatically extended for a period coextensive to any extension of the tentative subdivision map or parcel map attributable to the application of Subdivision Map Act or Subdivision Ordinance provisions.

3. Revocation of Permits. In any case where the conditions to the granting of a permit have not been or are not complied with, the decision-making body with final authority over said permit shall give notice thereof to the permittee, which notice shall specify a reasonable period of time within which to perform said conditions and correct said violation. If the permittee fails to comply with said conditions, or correct said violation, within the time allowed, notice shall be given to the permittee of intention to revoke such permit at a hearing to be held not less than ten calendar days after the date of such notice. Following such hearing and, if good cause exists therefor, the decision-making body with final authority over said permit may revoke such permit.

4. Modifications.
a. Minor Modifications. The zoning administrator may modify conditions imposed on any permit at the request of the permit holder where evidence has been submitted that the requested modifications:
(1) Will not significantly alter the approved permits; and (2) Are made on the basis of changed circumstances since the original approval; and (3) Would not contradict or go against any direction in the record that was instrumental in the approval of the original permit.: and (4) In the case of a housing development application, that the requested modification applies to a variation from a design standard that was previously reviewed at a public hearing as an alternative design, or does not involve a variation from the design standards of Section 24.12.185.
b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the project, or approve partial variation from one of the standards in Section 24.12.185 without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance, or the purpose of the standard in Section 24.12.185 as applicable. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. AdditionalMinor modifications not related to such increases in floor

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area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.
c. Major Modifications. The zoning administrator shall refer to the decision-making body with final authority for review and action any requested modifications which involve significant increases in size or nature of an approved project beyond those limits set in subsection (4)(b). A public hearing will be required unless the permit proposed for modification was approved administratively, in which case the modification may also be decided administratively, or may be elevated at the discretion of the zoning administrator.

In the case of a housing development project, any variation from a requirement of Section

24.12.185 that was not previously reviewed at a public hearing, shall trigger the need for a public hearing at the level indicated by 24.08.420.

Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

1. The zoning administrator is hereby authorized to issue use permits for all uses designated in the district regulations of this title as being subject to the issuance of an administrative use permit.

2. A public hearing shall be held, except in the following cases:
a. Where the proposed use is temporary, as defined herein; b. Where the proposed use pertains to a large family daycare home as defined in Section

24.22.355;
cb. Where the proposed use permit is for a variation to design standards for parking or for a reduction to the required number of parking spaces; or dc. Where the proposed use is for the construction of a half bathroom in an accessory building, subject to the requirements in Section 24.12.140.; or d. Where the proposed use is for a low risk alcohol outlet subject to the requirements of Part 12: Alcoholic Beverage Sales of Chapter 24.12.

Section 7. Part 5: Design Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 5: DESIGN PERMIT

24.08.400 PURPOSE.

The purpose of the design permit is to promote the public health, safety and general welfare through the review of architectural and site development proposals and through application of recognized principles of design, planning and aesthetics and qualities typifying the Santa Cruz community. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

24.08.410 GENERAL PROVISIONS.

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A design permit shall be required for the following types of projects:

1. Multiple dwellings and dwelling groups containing threetwo or more dwelling units;

2. New structures intended for commercial use;

3. New structures intended for industrial use;

4. Commercial or industrial uses of land not involving a building;

5. Accessory structures and uses except those accessory uses or structures customarily associated with and accessory to a single-family dwelling unless a design permit is otherwise required in this title;

6. Any structure on, or use of, a substandard residential lot when that structure or use is associated with a single-family residential use, except for structures which provide access to the first floor for the physically challenged and accessory structures that are less than one hundred twenty square feet and less than fifteen feet in building height. Such accessory structures shall be included in the calculation of maximum lot coverage pursuant to Section 24.08.440;

7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;

8. Any project where the applicant is a public agency over which the city may exercise land use controls;

9. Public projects in the Coastal Zone, including but not limited to buildings, roads, bridges, wharf structures, shoreline riprap, and port district projects;

10. Any project which requires a design permit as a result of a specific city action or as a result of a condition of a prior project approval;

11. Parking lots with capacity for five or more spaces;

12. Any project which requires a planned development permit;

13. Single-family homes over four thousand square feet in R-1-10, three thousand five hundred square feet in R-1-7, and three thousand square feet in R-1-5 zoning districts;

14. Any structures in the West Cliff Drive Overlay District.

Electric vehicle charging stations are exempt from the requirement for a design permit.

24.08.420 PROCEDURE.

1. Applications for design permits shall be acted upon by the zoning administrator without a public hearing unless the design permit is accompanied by an application which must be heard by a higher body (planning commission or city council) or meets the requirements for review at a public hearing by either the Zoning Administrator of the City Planning Commission as delineated below. When acting on a fully compliant application for a housing development project, the ZA shall make the findings required by 24.08.425.

2. Any applications for design permits of the types listed below above shall be acted upon by the zoning administrator at a public hearing pertains to:
a) New two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots in R-1 districts; b) Large homes per Section 24.08.450;
c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or

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d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
e) Mixed-Use or multifamily residential development that varies from no more than five of the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.426.

3. Any applications for design permits for mixed use or multifamily residential development that vary from six or more of the objective design standards of Section 24.12.185 of the Municipal Code shall be acted upon by the City Planning Commission at a public hearing, pursuant to the findings required by 24.08.426.

24.08.425 FINDINGS REQUIRED – FULLY-COMPLIANT MIXED USE OR MULTIFAMILY DEVELOPMENT.

Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects for which the following findings can be made will not be subject to a public hearing except by reason of appeal.

1. The site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. The site plan and building design are in full conformance with the design standards of Section 24.12.185.

24.08.426 FINDINGS REQUIRED – ALTERNATIVE DESIGN MULTI-FAMILY OR MIXED USE DEVELOPMENT.

Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects which propose to vary from one or more of the design standards of Section 24.12.185 shall be subject to a public hearing in accordance with 24.08.420.

The public hearing body shall approve the design permit based upon the following findings.

These findings shall apply only to alternative designs for compliance with Section 24.12.185, and are not applicable to applications seeking to vary from any other standard, requirement, or policy of the Municipal Code.

1. With the exception of the standards for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. For each standard for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section

24.12.185.

24.08.430 FINDINGS REQUIRED – GENERAL.

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All applications for design permits that cannot be reviewed under Sections 24.08.425 or

24.08.426 shall be reviewed in relation to below established criteria for design review.

Applications for design review other than those processed pursuant to Sections 24.08.425 and

24.08.426 shall be approved if proposed buildings, structures, streets, landscaping, parking, open space, natural areas and other components of the site plan conform with the following criteria, as applicable:

1. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. For nonresidential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.

3. For nonresidential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.

4. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worthy of preservation.

5. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas. Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rights-of-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.

6. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.

7. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan maintain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.

8. The site plan ensures that the scale, bulk, and setbacks of new development preserves important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.

9. The site plan shall reasonably protect against external and internal noise, vibration and other factors which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.

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10. Building and structures shall be designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.

24.08.440 STANDARDS FOR SUBSTANDARD RESIDENTIAL LOT DEVELOPMENT.

Whenever a project associated with a single-family residential use is proposed for a substandard residential lot, as defined in Section 24.22.520, applications for design review shall be approved if the findings set forth in Section 24.08.430 can be made and proposed buildings, structures, landscaping and other components of the site plan conform to the following additional criteria:

1. The maximum allowable lot coverage for structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage and other accessory buildings (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet. Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage. For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted toward lot coverage.

2. The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes thirty percent or less of the net lot area.

3. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.

4. New structures shall be sited in ways which avoid causing substantial change in the pattern of existing building projections along streets. Continuous long, parallel abutting walls on narrow side yards shall be avoided.

5. Spacing of buildings and overall siting of structures shall maximize the potential for solar access to each lot.

6. Landscaping shall be required at least for front yard areas and shall be used to screen parking from street.

7. Structures shall incorporate methods to lessen the impact of garages on a street facade.

Section 8. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.200 PURPOSE.

To provide a residential living area within the city which allows low residential densities and provides a transition to rural areas which adjoin portions of the city. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

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4. Small and large family daycare homes in residential unitssingle-family dwellings or duplexes.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.230. d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

8. Supportive and transitional housing in single-family dwellings.

24.10.230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

24.10.240 USE DETERMINATIONS.

24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.250 DISTRICT REGULATIONS.

1. General.

Classification or Type of Use
Provision Single-Family Residential
RS-10A RS-5A RS-2A RS-1A

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Classification or Type of Use
Provision Single-Family Residential
RS-10A RS-5A RS-2A RS-1A
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 & 30 2 & 30 2 & 30 2 & 30 • Accessory: (stories and feet) 1 & 20 1 & 20 1 & 20 1 & 20 b. Lot area (acre) 10 acres 5 acres 2 acres 1 acre
c. Lot width (feet) 250 200 150 100
d. Front yard (feet) 40* 40* 40* 40*
e. Rear yard (feet) 30 30 30 30
f. Side yards (feet) 25 20* 20* 15*
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. Design Guidelines. Development guidelines adopted by the city shall be used as applicable to provide site design standards to augment the general district regulations in the development of property in this district.

4. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings, including accessory dwelling units; and six feet between accessory buildings.

Section 9. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.300 PURPOSE.

To stabilize and protect the residential characteristics of the district, and to promote and encourage a suitable environment for family life and single persons; and intended for singlefamily detached dwellings and the services appurtenant thereto. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 42, Sections 24.10.4200 et al. for properties within the West Cliff Drive Overlay District. Please also see Section 24.08.440 for substandard lots and Section 24.08.450 for large home developments.

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster homes (six or fewer persons).

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3. Small and large family daycare homes in residential unitssingle-family dwellings or duplexes.

4. Community garden.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.330.

6. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

7. Supportive and transitional housing in single-family dwellings.

24.10.330 USE PERMIT REQUIREMENT.

24.12.140.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. 2. The following uses are subject to approval of an administrative a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9. b. Community care facilities including nursing homes, retirement homes, daycare (except family daycare homes) and foster homes (seven or more persons). c. Health facilities for inpatient and outpatient psychiatric care and treatment. d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. e. Plant nurseries and greenhouses.
f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
g. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses. h. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:
(1) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;

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(2) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall have a minimum setback of twenty feet from the property line to the vehicle entrance of the structure.
i. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

24.10.340 USE DETERMINATION.

Any other use or service establishment determined by the zoning boardadministrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.350 DISTRICT REGULATIONS.

1. General.

Classification or Type of Use
Single-Family Residential
Provision R-1-10 R-1-7 R-1-5
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 1/2 & 30 2 1/2 &
30 2 1/2 &
30 • Accessory: (stories and feet) 1 & 15 1 & 15 1 & 15 • Single-story structure 1 & 19 N/A N/A
b. Minimum lot area (net) (square
feet)
10,000 7,000 5,000
c. Minimum lot width (feet) 70 70 50
d. Front yard (feet) 25* 20* 20*
e. Rear yard (feet) 30 25 20
f. One side yard (feet) 10 7* 5*
g. Both side yards – total
• Interior lot (feet) 20 14 10
• Exterior lot (feet) 22 16 13
h. Exterior side yard or end (feet) 12* 9* 8*

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Classification or Type of Use
Single-Family Residential
Provision R-1-10 R-1-7 R-1-5
i. Maximum building area
without design permit
4,000 (See Section 24.08.450 for
findings)
3,500 3,000
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings including accessory dwelling units; and six feet between accessory buildings.

4. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.

24.10.351 SUBSTANDARD R-1 LOT DEVELOPMENT REQUIREMENTS AND REGULATIONS.

1. Two or more vacant, contiguous lots in the R-1, Single-Family Residential District which are each less than fifty feet in width, and which are under common ownership, shall not constitute or be deemed a lawful site for building purposes, unless they are combined to be made conforming with respect to width, or an administrative use permit is obtained for a single-family dwelling for each lot, or unless they are combined and developed as described in subsection (1)(c) below.
a. Where such lots are combined to meet the lot width requirement of an R-1 District (fifty feet in the R-1-5 District, seventy feet in the R-1-7 and R-1-10 Districts), the resultant lot may be used as a building site as provided by this title. b. Lots as described above may be used as a building site for single-family dwellings upon approval of an administrative use permit for each lot. c. Combined lots may be used as a building site for a duplex, triplex, or a series of duplexes and/or triplexes. The total number of units shall not exceed the original number of lots combined. Findings for approval of a use permit and design permit shall be required. (1) Where any existing lot prior to combination is less than thirty-five feet wide, a special use permit shall be required.
(2) Where any existing lot prior to combination is between thirty-five feet and fifty feet wide, an administrative use permit shall be required.

2. The maximum height of structures on lots of thirty-five feet or less in width shall be twentytwo feet.

Section 10. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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Part 5: R-L MULTIPLE RESIDENCE – LOW-DENSITY DISTRICT

24.10.400 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a low to medium density of 10.1 to twenty-seven units per acre, depending on unit mix; to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.410 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities including daycare (except family daycare homes), retirement homes and foster homes (six or fewer).

3. Small family daycare homes. Small and large family daycare homes in residential units.

4. Large family daycare homes in single-family dwellings or duplexes.

45. Two-family dwellings, subject to the density requirements in the General Plan.

56. Community garden.

67. Single-family dwellings, subject to the density requirements in the General Plan.

78. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Park and recreational facilities.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.430.

89. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit. 910. Supportive and transitional housing.

24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
b. Temporary structures and uses.

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c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons). c. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except that accessory dwelling units are not subject to approval of a design permit unless located on a substandard lot as defined in Section 24.22.520.
d. Dormitories, fraternity/sorority residence halls, boardinghouses. e. Health facilities for inpatient and outpatient psychiatric care and treatment. f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve. g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs. h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.440 USE DETERMINATION.

24.10.450 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision Single-Family
Detached 2 or More Units
a. Maximum height of buildings
• Principal (feet) 30 30
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (square feet) 5,000 5,500

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c. Minimum lot area per dwelling unit
(net) (square feet)
2,200 (1,600 sq. ft. for 1-
bedroom/studios)
d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit
(square feet)
– 400

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet except that the front yard may be reduced to not less than ten feet for a portion not to exceed fifty percent of the building frontage, and providing that a total of fifteen square feet of front yard is provided for each lineal foot of total lot frontage.
b. The minimum rear yard setback shall be ten feet.
c. The minimum side yard setback shall be five feet, and or one five additional feet foot of setback for each story three feet of height above the second story, or portion thereof, of a structure, whichever is greater.
(1) There shall be no side yard required for townhouses on interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
(2) The minimum exterior side yard setback shall be eight feet, and five additional feet of setbackor one foot of setback for each three feet of height for

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each additional story above the second story, or portion thereof, of structure, whichever is greater.
d. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. e. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet. f. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.

4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

Section 11. Part 6: R-M Multiple Residence – Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 6: R-M MULTIPLE RESIDENCE – MEDIUM-DENSITY DISTRICT

24.10.500 PURPOSE.

To promote the development of multifamily townhouses, condominiums and apartments at a medium residential density of 20.1 to forty units per acre depending on unit mix; to stabilize and protect the residential characteristics of the district; and to promote a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.510 PRINCIPAL PERMITTED USES.

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1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

3. Community garden.

4. Small family daycare homes. Small and large family daycare homes in residential units.

5. Large family daycare homes in single-family home or duplex.

56. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section

24.10.530.

67. Supportive and transitional housing.

78. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.
b. Two family dwelling if the lot area exceeds five thousand five hundred square feet. c. Temporary structures and uses.
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Single-family dwellings on substandard lots.
f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home. c. Dormitories, fraternity/sorority residence halls, boardinghouses. d. Health facilities for inpatient and outpatient psychiatric care and treatment. e. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. f. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

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g. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses. h. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.540 USE DETERMINATION.

24.10.550 DISTRICT REGULATIONS.

1. General.

Dwelling Type
Provision
Duplex 3 or More Units
Maximum Height of Buildings
Principal (feet) 30 35
Accessory (stories and feet) 1 and 15 1 and 15
Minimum lot area (net) (square feet) 4,400 5,500
Minimum lot area (net) per dwelling unit
(square feet)
2,200 1,450 (1,100 sq. ft. for 1-
bedroom/studios)
Minimum lot width (feet) 50 65
Usable open space per dwelling unit – 400
(square feet)
200 (1-bedroom/studios)*
* Open space shall be attached or aggregated in a manner that provides usable open space for all units exclusive of setbacks and other small landscape areas less than 10 feet in width. ** Existing lots of 5,500 square feet or greater with a minimum lot width of 50 feet may have 3 or more units if all other RM development standards can be met.

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front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, and or five additional feet one foot of setback for each story three feet of height above the second story, or portion thereof, of structure, whichever is greater.
c. The minimum side yard setback shall be five feet, andor five additional feet of setback one foot of setback for each story above the second storythree feet of height , or portion thereof, of a structure, whichever is greater.
d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, and five additional feet of setbackor one foot of setback for each three feet of height for each additional story above the second story, or portion thereof, of structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

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h. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

Section 12. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 6A: R-H MULTIPLE RESIDENCE – HIGH-DENSITY DISTRICT

24.10.560 PURPOSE.

To promote the development of multifamily apartments, townhouses and condominiums at a high residential density of 30.1 to fifty-five units per acre in order to increase the supply of affordable and rental housing, and provide new market rate infill housing opportunities. This district provides a suitable environment for higher density households. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures; (830, 840)

2. Small community care residential facilities including daycare (except family daycare homes), foster homes, and retirement homes, with six or fewer persons; (800A)

3. Small family daycare homes; (510a) Small and large family daycare homes in residential units.

4. Large family daycare homes in single-family dwellings or duplexes; (510a)

45. Supportive and transitional housing.

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56. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

24.10.570 ACCESSORY USES.

Accessory uses are principally permitted subject to a design permit when they are a subordinate use to the principal use of the lot. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height.

1. Garages and parking areas, private;

2. Home occupations subject to home occupancy regulations as provided in Section 24.10.160;

3. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Sections 24.10.575 and 24.12.140.

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an Administrative Use Permit and may also require a Design Permit per section 24.08.410 in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Expansion of any existing single-family dwelling; (800) b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)
c. Temporary structures and uses;
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence). e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a Special Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)
b. Community care facilities including daycare (except family daycare homes), foster homes, nursing and retirement homes for seven or more persons; (850e) c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b) d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)

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e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)
f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540) g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit (570).

24.10.580 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.585 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision
Duplex 3 or More Units
a. Maximum height of buildings
• Principal (feet) 30 48
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (sq. ft.) 4,000 5,000
c. Minimum lot area per dwelling unit (net) (sq. ft.) 2,000 790 d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit (sq. ft.) – 250
f. Lot coverage 45% 70%

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requirements may not be reduced for those portions of buildings that are three stories or taller.
b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. d. Where a parcel abuts a public right-of-way on opposite sides of the parcel, the front yard setback requirements shall apply to the major street and the rear yard setbacks shall apply to the secondary street; however, in the case of the rear yard setback, the setback shall not be less than the average of the two adjacent lots. e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. To preserve the view to Beach Hill down Front Street, the height of the first twentyfive feet of depth along Front Street shall be limited to twenty-four feet.

3. Design.
a. The site and building design shall conform to the General Site Design Standards, Part 2, Chapter 24.12 ,and the Beach and South of Laurel Design Guidelines of any applicable area plan, and Section 24.12.185 Objective Design Standards for Multifamily Housing. b. The building facades that abut streets, public rights-of-way, or public open space, such as a river levee, shall have an articulated facade that creates a designed, threedimensional rhythm to the building face. Architectural elements such as roof overhangs, roof slopes, building step backs and projections, bay windows, covered porches, entryways, decks and balconies, dormers, and single-story elements may be used to create the required three-dimensional architectural interest in the facade. In addition to the above, the front side and rear building facades that are visible from streets, public rights-of-way or public open space shall be composed of at least two separate building planes. A separate building plane is distinguished by an average horizontal difference of four feet measured perpendicular to the plane closet to the street or property line. These building planes shall occupy at least twenty percent of the total building elevation area but not exceed sixty percent of that area.
c. Maintain views to Beach Hill by creating view corridors through new structures.

Portions of the building(s) shall not occupy more than sixty percent of the top ten feet of the height limit, as viewed from the center of the Soquel Bridge. The minimum forty percent open view to Beach Hill shall be reasonably distributed over the length of the building.
d. All open space, except balconies, shall be fully landscaped. To soften the massing of high density buildings, the building landscape shall include tree massing and/or landscape elements attached to the building such as trellises, arbors, espalier structures, etc. e. All parking shall be fully screened from the roadways, pedestrian ways, and open space by building elements, walls, and landscaping.

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24.10.590 FINDINGS REQUIRED.

In addition to required Use and Design Permit findings, any development permit must also meet all the following findings, to the extent permitted by state law:

1. The amenity level of the development, the quality of the architecture, and the landscaping provided substantially enhance the site;

2. The bulk, massing, height, and rooflines of the proposed development are found to be consistent with the Design Criteria and add to the architectural quality of the neighborhood; and

3. The siting, landscaping, access, and design of the proposed development demonstrate a sensitive relationship to the San Lorenzo River and maximize the natural attributes of this riverside location.

Section 13. Part 7A: R-T(A) Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7A: R-T(A) SUBDISTRICT A – MEDIUM-DENSITY RESIDENTIAL

24.10.602 PURPOSE.

The purpose of Subdistrict A is to establish standards for medium-density residential uses which promote and protect the residential characteristics of the subdistrict and provide a suitable environment for its residents. To preserve the architectural and historic character of this subdistrict, all new development will be reviewed to ensure high-quality design compatible with surrounding residential uses, in compliance with the Beach Hill Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are may be subject to approval of a design permit per section 24.08.410 and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small family daycare facility in single-family home or duplex; (510a) Small and large family daycare homes in residential units.
c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums; (830)

2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

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24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 and are also subject to all other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Single-family dwellings; (810)
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
c. Multiple dwellings, townhouse dwelling groups, and condominiums (three to nine units); (830)
d. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence);
ce. Supportive and transitional housing in multifamily dwellings (three to nine units). d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9; (300c)
b. Large community care facilities; (850e)
c. Group care homes; (850e)
d. Multiple dwellings, townhouse dwelling groups, and condominiums, ten units or more; (840)
de. Public and private commercial parking;
ef. Public and private noncommercial recreation areas, buildings and facilities such as parks; (710)
fg. Public and quasi-public buildings and uses including recreational, educational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540, 570) gh. Retirement homes or centers; (850b)
hi. Supportive and transitional housing.

24.10.606 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then aA use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

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24.10.608 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 8,000 c. Minimum lot area (net) per dwelling unit
(square feet)
5,000 2,500 1,450 –
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater for the second story and above.
d. There shall be no side yard required for townhouses or interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, Chapter 24.16, Part 2,

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Accessory Dwelling Units, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

Section 14. Part 7B: R-T(B) Subdistrict B – Motel Residential-of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7B: R-T(B) SUBDISTRICT B – MOTEL RESIDENTIAL

24.10.610 PURPOSE.

The purpose of Subdistrict B is to establish and control uses to ensure a compatible mixture of uses addressing the needs of residents and tourists. Dominant uses contemplated are motel and medium-density residential uses. To encourage development which is attractive to both permanent residents and tourists, emphasis will be placed on compatibility of design, landscaping, and a comprehensive review of site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

2. Small family daycare homes. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

4. Single-family and duplex dwellings (800, 810).

5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring no public hearing.

24.10.612 USE PERMIT REQUIREMENTS.

1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, nine units or fewer (830).
b. Single-family and duplex dwellings (800, 810).
ca. Storage and equipment structures.
db. Temporary structures and uses.
e. The providing of board and room for not more than two paying guests per dwelling unit, when located within principal building.
fc. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

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gd. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
h. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
ie. Supportive and transitional housing, nine or fewer units.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Coffee shops subject to the live entertainment regulations in Chapter 24.12, Part 2 (280g).
b. Large community care facilities (850e).
c. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).
d. Multiple dwellings, townhouse dwelling groups, and condominiums, ten units or more (840).
ed. Public and private commercial parking (940, 950).
fe. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).
gf. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570). hg. Retirement homes or centers (850b).
ih. Supportive and transitional housing, ten or more units.

24.10.614 USE DETERMINATION.

24.10.616 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type Medium Density
Residential Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36

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Dwelling Unit Type Medium Density
Residential Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 8,000 c. Minimum lot area (net) per dwelling unit
(square feet)
5,000 2,500 1,450 –
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure for the second story and above.
d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

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Section 15. Part 7B.1: R-T(B)/PER - Motel Residential Performance Overlay of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7B.1: R-T(B)/PER – MOTEL RESIDENTIAL PERFORMANCE OVERLAY

24.10.617.1 PURPOSE.

The purpose of the Motel Residential Performance Overlay district is to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development.

24.10.617.2 USE PERMIT REQUIREMENT.

The overlay district allows all of the uses identified in the underlying RTB zone with the exception that new motel or hotel rooms will not be allowed.

The following uses are allowed in the overlay district subject to a Special Use Permit and a Design Permit, in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
a. Indoor and outdoor recreation facilities and other facilities related to existing hotel or motel facilities.
b. Bed-and-Breakfast Inns.

24.10.617.3 DISTRICT REGULATIONS.

1. General.

2. Setback Requirements.

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a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater, for the second story and above.
d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. In addition, development on sites located within the district which fronts on West Cliff Drive shall conform to design standards governing development on West Cliff.

4. Siting.
a. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
b. Building facades shall be articulated with wall offsets, recesses openings ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
c. Any third story element of residential or support development shall be stepped back from the two story element by at least fifteen feet, from the property lines at the streets. d. Buildings design shall be encouraged to include significant building modulation and roof form articulation as specified within the Design Guidelines. e. All required front setback areas shall be landscaped in accordance with the standards or the Design Guidelines.

5. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

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Section 16. Part 7C: R-T(C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7C: R-T(C) SUBDISTRICT C – BEACH COMMERCIAL

24.10.618 PURPOSE.

The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses.

New development including residential units or uses within the zone, are encouraged to incorporate Uses for Active Frontage along the site frontage. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.

24.10.619 PRINCIPAL PERMITTED USES.

1. The following uses are allowed, subject to a Design Permit for new construction per section

24.08.410 and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Food and beverage stores (except liquor stores) (240); fb. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280); RESIDENTIAL USES:
(k)c. Flexible density unit (FDU) housing (fifteen units or fewer) as part of a mixed-use project;
(q)d. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the RT(A) District regulations (830); (r)e. Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) when ground-floor units are designed as Live-Work units consistent with Section

24.12.185.14 and subject to the R-T(A) District regulations (830); cf. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820); eg. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
(v)h. Single-room occupancy (SRO) housing, fifteen units or fewer (860); (p)i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);

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gj. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.

COMMERCIAL USES:
bk. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);
dl. Off-site parking fewer than five spaces (930);
(bb)m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring no public hearing.

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.620.

24.10.620 USE PERMIT REQUIREMENT.
(1)1. The following uses require an administrative use permit and may also require a design permit per section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(ab) Acting/art/music/dance studios/schools (610);
(bc) Apparel and accessory stores (250);
(ce) Community organizations, associations, clubs and meeting halls (570); (df) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ei) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (fj) Educational facilities (public/private) (510);
(gl) General merchandise stores (drug and department stores) (230); (hm) Government and public agencies (530);
(in) Home furnishings (270);
(jp) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ks) Museum and art galleries (600);
(lt) Professional offices associated with a visitor-serving use (400); (mu) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(nw) Specialty retail supply stores (290);
(oz) Video rental (360B);
RESIDENTIAL USES:
(px) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
(qa) Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
(rd) Churches (500);

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(sg) Developed parks (710);
(th) Undeveloped parks and open space (700);
(k) Flexible density unit (FDU) housing (fifteen units or fewer) as part of a mixed-use project;
(o) Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence); (q) Mixed residential and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830);
(r) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830); (v) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (uy) Temporary structures and uses;
(vaa) Sports and recreation facilities, without alcohol sales (720); (wbb) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
(2)2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (be) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H);
(cf) Financial, insurance, real estate offices (420);
(diii) Fish/seafood wholesale sales (200F);
(ei) Medical/health offices (410);
(fl) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
(gn) Personal services (except contractors’ yards and mortuaries) (310); (ht) Theaters (620);
RESIDENTIAL USES:
(c) Duplexes (810);
(u) Triplexes (820);
(is) Supportive and transitional housing, ten or more units, subject to the R-T(A) District regulations;
COMMERCIAL USES:
(jb) Communication and information (550);
(d) Educational facilities (public/private) (510);
(g) Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project;
(kh) Marine facilities and related uses (560E):

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(li) Related research facilities (400L);
(mii) Related storage and warehousing (330);
(j) Mixed residential and commercial developments with noncommercial uses on the ground floor, subject to the R-T(A) District regulations (830); (k) Multiple dwellings, townhouse dwelling groups and condominiums (ten units or more) subject to the R-T(A) District regulations (840); (nm) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use; (p) Single-family residences if lot size does not allow multifamily development (800); (q) Single-room occupancy (SRO) housing, sixteen units or more (860); (pr) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(qv) Utilities and resources (540).

24.10.622 USE DETERMINATION.

24.10.624 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 5,000 c. Minimum lot area (net) per dwelling unit
(square feet)
5,000 2,500 1,450 –
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –

2. Other Requirements.

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a. When located across a street from Subdistrict A, parking and loading facilities shall be at least ten feet distant from said property line, and buildings and structures at least fifteen feet from said property line.
b. The minimum distance between buildings shall be six feet or one foot of setback for each two feet of height of, or portions thereof, a structure, whichever is greater. c. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line, to the entrance of the garage. d. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
e. Height:
e.1. Maximum Building Height: Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians. • Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review. e.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.
f. Design: All development must be in compliance with adopted design guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
f.1. The design of all new structures shall be based upon “Spanish Colonial Revival” architecture as well as Mission Revival and Mediterranean architecture as described in the design guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.
f.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
f.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. f.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
f.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.
f.6. Flat roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. g. Siting:

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g.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
g.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. g.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
h. Accessibility:
h.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
h.2. Access must be aesthetically integrated within the development. i. Setbacks: Development on this site should be designed to encourage and support activities that unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
j. Parking:
j.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.
j.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements. • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.
j.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
j.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. j.5. Off-site parking may be permitted within this subdistrict if:
• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or • The development identifies and develops a suitable permanent parking facility; or
• The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
k. Landscaping:
k.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the

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development, to screen undesirable views and to define development boundaries.

Landscaping shall be maintained in an attractive condition. k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. l. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or
• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either
a Uses for Active Frontage along a minimum of 50% of the length of the site frontage; or b. Live-work units as defined in 24.12.185.14 along 100% of the site frontage.

43. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.624.1 FINDINGS REQUIRED.

In addition to required Use and Design Permit findings, any development permit must also meet the following findings. The proposed project:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTA and RTB neighborhoods; and

2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.

3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.

Section 17. Section 24.10.625.4 – Use Determination of Part 7C.1: R-T(C)/PER: Subsidtrict C – Beach Commercial/Performance Overlay Zone of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.625.4 USE DETERMINATION.

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Section 18. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7D: R-T(D) SUBDISTRICT D – BEACH RESIDENTIAL

24.10.626 PURPOSE.

The purpose of Subdistrict D is to conserve, protect and enhance the beach residential character of the subdistrict and provide a suitable environment for residents. To preserve the small scale and enhance the historic beach cottage character of this subdistrict, and to ensure that new residential land uses are compatible, permanent and of a high quality, all new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan and the Conservation Neighborhood Overlay requirements.

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per section 24.08.410, Conservation Overlay District (Section 24.10.4000) and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
ba. Single-family and duplexes (800, 810);
cb. Storage and equipment structures, if ancillary to principal residential use; dc. Small family daycare homes in single-family homes or duplexes (510a); Small and large family daycare homes in residential units.
ed. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings; fe. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; gf. Supportive and transitional housing in single-family home or duplex.

24.10.628 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410, as well as and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Small community care residential facilities.
b. Temporary structures and uses.
c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
d. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).

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d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9. (300c)
b. Community care facilities. (850e)
c. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
dc. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)
ed. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570) fe. Retirement homes or centers. (850b)
gf. Supportive and transitional housing, three units or more.

24.10.630 USE DETERMINATION.

24.10.632 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision 1-Family
Detached Duplex Triplex 4 or More Units
Other
Uses
a. Height of buildings
• Principal (feet) 22 22 22 30 30
• Accessory (stories and feet) 1 and 15 1 and
15 1 and
15 1 and 15 1 and
15 b. Minimum lot area (net) (square
feet)
3,000 3,600 7,200 8,000 8,000
c. Minimum lot area (net) per
dwelling unit (square feet)
– 1,800 1,600 1,600 –

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Dwelling Unit Type
Provision 1-Family
Detached Duplex Triplex 4 or More Units
Other
Uses
d. Minimum lot width (feet) 40 40 80 80 80
e. Usable open space per dwelling
unit (square feet)
– 400 400 400 –
Dwelling Units
First Story Second Story Other Uses
f. Front yard (feet) 5* 10* 10*
g. Rear yard (feet) 10 15 15
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

2. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.

3. Other Requirements/Standards:
a. Design: All development is subject to a design permit and must be in compliance with adopted Design Guidelines. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. a.1. New buildings shall employ California Bungalow or Victorian architectural style as a basis for design.
a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.
a.3. Buildings shall be wood frame construction with horizontal wood siding. a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style. a.5. Roof materials shall be composition or wood shingle. b. Parking: All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-ofway, and meet the requirements of Section 24.12.240, in addition to the following requirements:
b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.

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b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet.
b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.
b.4. City parking standard requirements may be reduced in the following manner:
one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:
• at least fifty percent of new units are two bedrooms or more; • for units which meet the city’s definition of “affordable”; and • if development is deemed compatible with surrounding neighborhood. c. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement.
d. Height: Multiple story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques. d.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet, • Second-story elements of buildings must be set back ten feet. e. Landscaping, in compliance with the Design Standards, is required. Landscaping shall be maintained in an attractive condition.
e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.
e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.
e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.
e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.

4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060, standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.

In order to ensure safe and sanitary housing and rehabilitation of structures within the RT(D) District, a valid Certificate of Occupancy shall be required for each transfer of the property

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within the district. Certificates will not be issued for properties with a recorded Notice of Violation. Certificates will be issued when units comply with applicable codes.

Section 19. Part 7E: R-T€ Subdistrict E – Beach Medium/High Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 7E: R-T(E) SUBDISTRICT E – BEACH MEDIUM/HIGH DENSITY RESIDENTIAL

24.10.635 PURPOSE.

The purpose of Subdistrict E is to encourage quality medium and/or high density multifamily residential uses in a manner which promotes excellence in building design, provides for familyoriented development, ensures compatibility with the adjacent conservation overlay zone, and limits the need for parking by encouraging use of alternative means of transportation, including the multi-modal center proposed for the depot site. All new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require subject to a design permit per section

24.08.410 as well as and other requirements of the Municipal Code:
a. Duplex dwellings.
b. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. bc. Small family daycare. Small and large family daycare homes in residential units. cd. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, and may also require a design permit per section 24.08.410, and as well as other requirements of the Municipal Code:
a. Educational and cultural institutions.
b. Community care facilities.
c. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. dc. Single-family dwellings on substandard lots.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit, and may also require a design permit as well as and other requirements of the Municipal Code.:
a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board. b. Large family daycare facilities.
ca. Recreational buildings and community centers.

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db. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
ec. Public and private commercial parking, subject to landscaping and design standards.

Non-conforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

24.10.638 USE DETERMINATION.

24.10.640 DISTRICT REGULATIONS.

These regulations apply to all development within the RTE subdistrict.

1. General.

Dwelling Unit Type Provision Duplex 3+ 7+
Other
Uses
a. Height of buildings
Maximum (feet) 22 22 36 36
b. Minimum lot area (net) (square feet) 3,400 6,800 10,200 10,200 c. Minimum lot area (net) (square feet) per
dwelling unit
1,700 1,450 1,200 –
d. Minimum lot width (feet) 40 65 80 80
e. Open space/dwelling unit (square feet) 400 400 400 – Setbacks First Story Second Story Third Story
f. Front yard (feet) 5 10 10*
g. Rear yard (feet) 10 10 10*
h. Side yard, each side (feet) 3 5 5
Total both sides (feet) 6 10 10
* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.

2. Other Requirements/Standards:
a. Setbacks and Height: Multiple-story developments shall minimize scale through upper story setbacks, articulated building elements, and other similar design techniques.

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a.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet from the property line.
• Second-story elements of buildings must be set back ten feet from the property line.
• For three stories, the height of the building must be contained within the building envelope as shown in the following:
a.2. Multi-story buildings or portions of buildings constructed within thirty feet of the Conservation Overlay District shall step-down toward the conservation neighborhood to transition to the adjacent smaller scale conservation area, and shall be no taller than two stories or twenty-three feet at the mid-point of the roof. b. Design: All development must be in compliance with adopted Design Guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the Design Guidelines. b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details.

Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding.
b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies. Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood).

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c. Parking: All parking shall be located within the rear or at the rear of main structures.

Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements. c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line. c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet. c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.
c.4. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility, • off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking.
c.5. City parking standard requirements may be reduced in the following manner:
one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:
• at least fifty percent of new units are two bedrooms or more, or • for units which meet the city’s definition of “affordable.” c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.
d. Open Space: Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:
• projects providing at least fifty percent of the development as two bedroom units; • projects providing community facilities such as a community center and/or a childcare facility. e. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement. e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.
f. Landscaping: Landscaping shall be in compliance with the Design Standards. f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic

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irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.
f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas at entries and in courtyards and plazas.
f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

3. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.641 FINDINGS REQUIRED.

Prior to approval of any design permit for development within this district, the following additional findings must be made. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to an adjacent Neighborhood Conservation Overlay District; and

2. Shall meet the requirements listed above for the high amenity level of the development, the quality of architecture, and the landscaping.

Section 20. Part 8: C-C Community Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 8: C-C COMMUNITY COMMERCIAL DISTRICT

24.10.700 PURPOSE.

To provide locations throughout the community for a variety of commercial and service uses for residents of the city and the region which promote the policies of the General Plan; to encourage a harmonious mixture of a wide variety of commercial and residential activities including limited industrial uses, if they are compatible and nuisance free. New development including residential units or residential uses within the zone are encouraged to incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

24.10.710 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);

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b. Apparel and accessory stores (250);
c. Auto supply stores (260C);
d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Financial, insurance, real estate offices (420);
f. Financial services (320);
g. Food and beverage stores (except liquor and convenience stores) (240); h. General retail merchandise (drug and department stores) (230); i. Home furnishing stores (270);
j. Medical/health offices (except veterinarians and ambulance services) (410); l k. Museums and art galleries (600);
o l. Professional/personal service (except contractors’ yards and mortuaries) (310); p m. Repairs, alterations and maintenance services for household items (except boat repair) (340);
r n. Small preschool/childcare (twelve or fewer) (510A); t o. Specialty retail supply stores (290); except thrift stores (290m); u p. Theaters (620);
v q. Video rental (650).

RESIDENTIAL USES:

L r. Flexible Density Unit (FDU) Housing
s. Mixed residential and commercial/office developments involving permitted or administrative uses allowed commercial uses, on the ground floor and from three to nine multiple dwellings or condominiums either above the first floor or on the same lot; t. Multiple dwellings or condominiums, three to nine units when ground-floor units are designed as Live-Work units consistent with Section 24.12.185. 14 and subject to the minimum (net) land area per dwelling unit of the R-M District (830); k u. One- or two-multiple-family units when located above the first floor with no additional parking required (830);
v. Single-room occupancy (SRO) housing, fifteen units or fewer (860); q w. Small community care residential facilities;
s x. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units;
COMMERCIAL USES:
my. Off-site public/private parking facilities, five or fewer spaces (930); nz. Professional offices (400).
aa. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.720 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory Buildings, and Section 24.10.730.

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24.10.730 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
da. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; eb. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c.h. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Community organizations, associations, clubs and meeting halls (570); e.m. Educational facilities (public/private) (510);
f.p. Government and public agencies (530);
gx. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; hz. Thrift stores (290m);
i.cc. Veterinarians (410A);
o. Foster family homes;
t. Multiple dwellings or condominiums, three to nine units subject to the minimum (net) land area per dwelling unit of the R-M District (830);
d. Single-room occupancy (SRO) housing, fifteen units or fewer (860); a. Flexible Density Unit (FDU) Housing
COMMERCIAL USES:
aj. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
bk. Ambulance services (410B);
cl. Auto services and repair subject to performance standards in Section 24.12.900 (350);
mf. Boat repairs (340D);
ng. Building materials/garden supplies (220);
oi. Churches (500);
pj. Communication and information services (550);
ql. Developed parks (710);
rn. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
sq. Lodging (300);

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r. Mixed residential and commercial/office developments involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor;
ts. Motor vehicle dealers and supplies (260);
u. Off-site public/private parking facilities, five or more spaces (930); v. Recycling collection facilities;
wy. Temporary structures and uses;
xaa. Undeveloped parks and open space (700);
ybb. Utilities and resources (540);
zdd. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
bf. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
ct. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
dcc. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
d. Large family daycare;
ec. Community care facilities;
COMMERCIAL USES:
fb. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; ge. Contractor/building (310E);
hg. Fabricated metal products (manufacturing) (150);
ih. Fabricated wire products (manufacturing) (155A);
ji. Food and beverage preparation (manufacturing) (100); kj. Furniture and fixtures (manufacturing) (120);
lk. Hospitals (520);
ml. Laboratory research experimentation, testing, software development; nm. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; on. Local/interurban passenger transit (bus, cab) (560B);

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po. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
p. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840); q. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); qr. Mortuaries (310I);
rs. Motion picture production (manufacturing) (155E);
su. Rental services (360);
v. Single-room occupancy (SRO) housing sixteen units or more (860); tw. Solar equipment (manufacturing) (155C);
ux. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
vy. Stone, clay, glass products (manufacturing) (140);
wz. Storage and warehouse when connected with permitted use (330); xaa. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
ybb. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);

24.10.740 USE DETERMINATION.

24.10.750 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-Only (stories and feet) 3 & 40
• Commercial or mixed use or residential Residential-Only (stories and feet)
3 & 40
• Additional height for Mixed Use with ground floor retail 0 & 5

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(stories and feet)
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per residential
story)
• Accessory 1 & 20
b. Lot Area – Minimum (net) (sq. ft.) 5,000
• Commercial or residential 5,000
• Mixed Use 8,000
c. Setbacks
• Front-yard 0 **
• Rear-yard 0 *
• Interior 0 *
• Exterior 0
*,**
d. Open space per unit (residential only)
• Private (sq. ft.) 40100
• Common (sq. ft.) and easily accessible to residential units 80150 e. Distance between buildings on same lot 10
* Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District, subject also to the requirements of Section 24.12.185.10 as applicable. ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Additional Setback Requirement. In any C-C District directly across a street or thoroughfare, not including a freeway, from any R-District, parking and loading facilities shall be at least ten feet distant from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

32. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.
b. Other regulations which may be applicable to site design and this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either

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a Uses for Active Frontage as listed in the allowed uses for the zone along a minimum of % of the length of the site frontage; or
b. Where exclusively residential development is proposed, all ground floor units at the shall be developed as live-work units as defined in 24.12.185.14.

Section 21. Part 9: MU-M Mixed-Use Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

Part 9: MU-M MIXED-USE MEDIUM DENSITY DISTRICT
* Editor’s Note: Former Part 9, previously codified herein was repealed in its entirety by Ord. 94-33 § 34.

24.10.800 PURPOSE.

To promote the development of a harmonious mixture of a wide variety of commercial activities including limited industrial uses, if they are compatible and nuisance free, in conjunction with condominiums and apartments; to stabilize and protect the commercial characteristics of the district; and to promote a walkable, dynamic, and efficient environment for residents, businesses, and workers. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 for design standards.

24.10.801 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

USES FOR ACTIVE FRONTAGE:

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

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7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270)

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);
RESIDENTIAL USES:

16. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

17. Single-Room Occupancy (SRO) Housing (860)

18. Flexible Density Units (FDU) Housing

19. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

20. Small and large family daycare homes in residential units.

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

22. Supportive and transitional housing.

23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.

COMMERCIAL USES:

24. Professional offices (400);

25. Communication and information services (550);

26. Community organizations, associations, clubs and meeting halls (570);

27. Educational facilities (public/private) (510);

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500)

30. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.802 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:

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a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

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h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);

24.10.803 USE DETERMINATION.

24.10.804 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum

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• Commercial-only (stories and feet) 3 & 40
• Mixed use (stories and feet) 4 & 45
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4500
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)
e. Setbacks
• Front-yard 0
**
• Rear-yard 15*
• Interior Side 0
*
• Exterior Side 8
*, **
f. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and accessible to residential
units
80 g. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy the site frontage to the dimensions required by Section 24.12.185.

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4. Residential units shall not be located on a street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.

6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.805 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for residential units may also be counted toward required commercial parking.

Section 22. Part 9B: MU-OM Mixed-Use Ocean Street Medium Density District of Chapter

24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM DENSITY DISTRICT

24.10.820 PURPOSE.

To encourage high-quality neighborhood-and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments to promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

24.10.821 PRINCIPAL PERMITTED USES.

USES FOR ACTIVE FRONTAGE:

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

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3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270)

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);
RESIDENTIAL USES:

16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

17. Flexible Density Units (FDU) Housing

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

19. Single-Room Occupancy (SRO) Housing (860)

20. Small and large family daycare homes in residential units.

21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

22. Supportive and transitional housing.

COMMERCIAL USES:

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400);

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32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.822 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

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RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.823 USE DETERMINATION.

24.10.824 DISTRICT REGULATIONS.

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1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 3 & 45
• Mixed use (stories and feet) 3 & 40
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4000
e. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)
f. Setbacks
• Front-yard 0
**
• Rear-yard 1
*
• Interior 0
*
• Exterior 8
*, **
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to
residential units
80 h. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall

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apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section

24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the Ocean street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.

24.10.825 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

Section 23. Part 9C: MU-OH Mixed-Use Ocean Street High Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH DENSITY DISTRICT

24.10.830 PURPOSE.

To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments within larger buildings oriented toward Ocean Street and Broadway, and using building height and massing to create a sense of place, while promoting a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

24.10.831 PRINCIPAL PERMITTED USES.

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USES FOR ACTIVE FRONTAGE:

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

4. Financial, insurance, real estate offices (420);

5. Financial services (320);

6. Food and beverage stores (except liquor and convenience stores) (240);

7. General retail merchandise (drug and department stores) (230);

8. Home furnishing stores (270)

9. Medical/health offices (except veterinarians and ambulance services) (410);

10. Museums and art galleries (600);

11. Professional/personal service (except contractors’ yards and mortuaries) (310);

12. Repairs, alterations and maintenance services for household items (except boat repair) (340);

13. Small preschool/childcare (twelve or fewer) (510A);

14. Specialty retail supply stores (290); except thrift stores (290m);

15. Theaters (620);
RESIDENTIAL USES:

16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

17. Flexible Density Units (FDU) Housing

18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

19. Single-Room Occupancy (SRO) Housing (860)

20. Small and large family daycare homes in residential units.

22. Supportive and transitional housing.

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COMMERCIAL USES:

24. Communication and information services (550);

25. Community organizations, associations, clubs and meeting halls (570);

26. Educational facilities (public/private) (510);

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

31. Professional offices (400);

32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.832 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

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n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

COMMERCIAL USES
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m.Food and beverage preparation (manufacturing) (100);
n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):

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i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);

24.10.833 USE DETERMINATION.

24.10.834 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 4 & 55
• Mixed use (stories and feet) 4 & 50
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4000
e. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)
f. Setbacks
• Front-yard 0
**
• Rear-yard 10*

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• Interior 0
*
• Exterior 8
*, **
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to
residential units
80 h. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section

24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.

24.10.835 PARKING.

Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.

Section 24. Part 11: C-N Neighborhood Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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Part 11: C-N NEIGHBORHOOD COMMERCIAL DISTRICT

24.10.1000 PURPOSE.

To provide commercial and service uses near residential areas for the convenience of local residents. Uses aimed at nearby customers may not require typical development standards such as vehicular parking. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.1010 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Eating and drinking establishments (except bars and fast-food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); b. Financial, insurance, real estate offices (420);
cd. Food, beverage stores (except liquor and convenience stores) (240); de. Hardware stores (indoor sales only) (220A);
ef. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410); fj. Professional/personal service (except contractors yards and mortuaries) (310); RESIDENTIAL USES:
g. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);
hk. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.
il. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
Multiple dwellings and condominiums, three to nine units when located above first floor commercial uses, subject to the minimum land area per dwelling unit of the R-L District (830);
COMMERCIAL USES:
jc. Financial services (320);
kh. Off-site public/private parking facilities five or fewer spaces (930); li. Professional offices (400);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring no public hearing.

24.10.1020 ACCESSORY USES.

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Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1030.

24.10.1030 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
ab. Acting/art/music/dance studios and schools (610);
bc. Apparel and accessory stores (250);
ci. General retail merchandise (drug and department stores) (230); dj. Government and public agencies (530);
en. Preschools/childcare (twelve or fewer) (510A);
fk. Home furnishings (270);
gp. Repair, alteration, maintenance services for household items (except boat repairs) (340);
hr. Specialty retail supply stores (290);
it. Veterinarians (410A);
RESIDENTIAL USES:
jq. Small community care residential facilities;
COMMERCIAL USES:
ka. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
ld. Auto supply stores (260C);
me. Churches (500);
nf. Community organizations, associations, clubs and meeting halls (570); og. Educational facilities (public/private) (510);
h. Family daycare homes and foster family homes;
pm. Parks and open spaces (700);
qo. Recycling collection facilities;
rs. Temporary structures and uses;
su. Video rental (650);
tv. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use

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categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
ab. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); bc. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; cf. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); di. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; RESIDENTIAL USES:
ed. Community care facilities;
fe. Community care residential facilities;
COMMERCIAL USES:
ga. Auto services and repair, subject to performance standards in Section 24.12.900 (350);
hg. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
h. Large family daycare facilities;
j. Two or more stand-alone multiple-family units subject to the minimum land area (net) per dwelling unit of the R-L District (830);
k. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
il. Off-site public/private parking facilities, five or more spaces (930); jm. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
kn. Storage and warehouses with permitted retail (330).

24.10.1040 USE DETERMINATION.

24.10.1050 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings –
Maximum

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Provisions Requirement
• Commercial and mixed use
(stories and feet)
2 & 30
• Accessory (stories and
feet)
1 & 15
b. Minimum Lot Area (net)
(sq. ft.)
• Commercial or residential 5,000
• Mixed use 8,000
c. Setbacks
• Front (feet) 10*,**
• Rear (feet) 0
*
• Side
• Interior 0
*
• Exterior 10
d. Open space per unit
(Residential only)
• Private (sq. ft.) 10040
• Common (sq. ft.) and
easily accessible to
residential units
15080
e. Distance between
buildings on same lot (feet)
10 * Except where abutting an R-District, then not
less than the minimum yard required for the
adjacent yard in the said R-District.
** Except where special street setback
requirements for designated streets apply, then
the setback shall be added to the minimum
setback listed in Section 24.12.115 for affected
streets.

2. Additional Setback Requirement. In any C-N District directly across a street or thoroughfare, not including a freeway, from any R- District, parking and loading facilities shall be at least ten feet distant from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

3. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for parking facilities, or other outdoor uses when appropriately screened and as approved by

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the zoning administrator, or within an outdoor extension area approved pursuant to Section

24.12.192.
b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

Section 25. Part 12: C-B Beach Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 12: C-B BEACH COMMERCIAL DISTRICT

24.10.1100 PURPOSE.

To provide for commercial uses which are primarily coastal-dependent in nature and which serve tourists and visitors to the Santa Cruz coastal recreational areas. Also, to provide commodities and services to residents of such areas. The C-B District shall be applied only in areas designated in the General Plan and the Local Coastal Program. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.1110 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Food and beverage stores (except convenience/liquor stores) (240); f. General merchandise (drug and department stores) (230); g. Handicraft shops and workshops;
hl. Museums and art galleries (600);
in. Personal/professional services (except contractors’ yards and mortuaries) (310); jq. Specialty retail supply stores (290); except thrift stores (290m); RESIDENTIAL USES:
k. One or two multiple-family units when located above the first floor with no additional parking required (830);
lp. Small family daycare facilities, in single-family home or duplex; Small and large family daycare homes in residential units.
m. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums either

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on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
COMMERCIAL USES:
nd. Financial, insurance, real estate offices above first floor (420); oh. Lodging (300);
pi. Marine facilities (560E);
qj. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;
rm. Off-site public/private parking facilities, five or fewer spaces (930); so. Professional offices above first floor (400);
tr. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
us. Theaters (620);
vt. Video rental (650).
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.1120 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1130.

24.10.1130 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
ac. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); be. Educational facilities (public/private) (510);
cg. Fish/seafood/wholesale (200F);
di. Home furnishings (270B);
ep. Thrift stores (290m);
fq. Professional offices associated with a visitor-serving use; COMMERCIAL USES:
ga. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
hb. Community organizations, associations, clubs and meeting halls (570); id. Churches (500);
jf. Financial services (320);
kh. Government and public agencies (530);
lj. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

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k. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
l. Multiple dwellings and condominiums, three to nine units, subject to the minimum land area (net) per dwelling unit of the R-M District (830); m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
pr. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; cb. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
gc. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
RESIDENTIAL USES:
d. Group quarters (850);
COMMERCIAL USES:
b. Large family daycare facilities;
e. Mixed residential and commercial developments with ten or more multiple dwellings or condominiums, either above the first floor or on the same parcel, subject to the minimum land area (net) per dwelling unit of the R-M District (840); f. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); he. Off-site public/private parking facilities, five or more spaces (930); if. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

24.10.1140 USE DETERMINATION.

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as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.1150 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of Building – Maximum
• Commercial and
Mixed Use (stories and
feet)
3 & 40
• Accessory 1 & 20
b. Lot area minimum (net) (square feet)
• Commercial or
residential
5,000
• Mixed Use 8,000
c. Setbacks
• Front yard 0
**
• Rear yard 0
*
Side yard
• Interior 0
1 • Exterior 0
*, **
d. Open Space Per Unit (Residential Only)
• Private (square feet) 10040
• Common (square feet)
and easily accessible to
residential units
15080
e. Distance between
buildings on same lot
10 * Except where abutting an R-District, then not
less than the minimum yard required for the
adjacent yard in the said R-District.
** Except where special street setback
requirements for designated streets apply, then
the setback shall not be less than the minimum
setback listed in Section 24.12.115 for affected
streets.

2. Additional Setback Requirement. In any C-B District directly across a street or thoroughfare, but not including a freeway, from an R-District, parking and loading facilities shall be at least ten

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feet distant from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

23. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator.

34. The following regulations are applicable to site design in the CB Zone north of Beach Street as set forth in General Site Design Standards, Part 2, Chapter 24.12, and the following:
a. Height:
a.1. Maximum Building Height: Maximum building height shall be thirty-six feet.

Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians.
• Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to Design Permit review. a.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.
b. Design: All development must be in compliance with adopted Design Guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. Fantasy Victorian is encouraged for recreational and entertainment development.
b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. b.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.
b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. c. Siting:

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c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
d. Accessibility:
d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
d.2. Access must be aesthetically integrated within the development. e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
f. Parking:
f.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.
f.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements. • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.
f.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
f.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. f.5. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or • the development identifies and develops a suitable permanent parking facility; or • the development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
g. Landscaping:
g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the

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development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition. g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. h. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following:
carpooling requirements, transit subsidies, employee shuttle service, and/or • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

4. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage.

24.10.1160 FINDINGS REQUIRED.

In addition to required use and design permit findings, any development permit must also meet the following findings. The proposed project:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTC and RTE neighborhoods; and

2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.

3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.

Section 26. Part 13: P-A Professional and Administrative Office District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 13: P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT* * Editor’s Note: Former Part 13, C-H Heavy Commercial District, previously codified herein and containing portions of Ords. 87-22 and 88-26 was repealed in its entirety by Ord. 93-21 § 8, 5-25-93.

24.10.1200 PURPOSE.

To provide a district for business and professional offices. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage.

Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

24.10.1210 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright if a design permit is obtained for new structures (numerical references at the end of these categories reflect the general use classifications listed in

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the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
cd. Professional offices (400);
de. Professional/personal services (except contractors yards and mortuaries) (310); ef. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); fg. Museums and art galleries (600);
RESIDENTIAL USES:
gf. Duplexes together with an allowed commercial use (820); h. Multiple dwellings and condominiums, together with an allowed commercial use andtwo to nine units, subject to minimum land area requirements of R-M District (830); ih. One to two units above ground floor office use with no additional parking required (810).
ji. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.

COMMERCIAL USES:
kc. Off-site parking fewer than five spaces (930);
l. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.1220 ACCESSORY USES.

Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1230.

24.10.1230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
ab. Acting/art/music/dance studios and schools (610);
bc. Churches (500);
cd. Communication and information services (550);
de. Community organizations, associations, clubs and meeting halls (570); eg. Educational facilities (public/private) (510);
fi. Government and public agencies (530);
gn. Veterinarians (410A);

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RESIDENTIAL USES:
f. Duplexes (820);
jh. Mobilehomes if lot area cannot accommodate multifamily (870); mi. Single-family residences if lot area cannot accommodate multifamily (810); COMMERCIAL USES:
aj. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
hk. Large family daycare homes and fosterFoster family homes; k. Multiple dwellings and condominiums, two to nine units, subject to minimum land area requirements of R-M District (830);
l. Off-site public/private parking facilities, five or more spaces (930); om. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

COMMERCIAL USES:
a. Community care facilities;
b. Community care residential facilities;
c. Hospitals (520);
d. Mortuaries (310I);
e. Multiple dwellings and condominiums, ten or more units, subject to minimum land area requirements of the R-M District (830);
fe. Emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m. (410B).

24.10.1240 USE DETERMINATION.

24.10.1250 DISTRICT REGULATIONS.

1. General.

Provisions Requirement

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Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and
feet)
2 & 25
• Accessory (stories and
feet)
1 & 15
b. Minimum lot area (net)
(sq. ft.)
5,000
c. Front yard (feet) 10*
d. Rear yard (feet) 5
**
e. Side yard
• Interior (feet) 0
**
• Exterior (feet) 10*
f. Distance between
buildings on same lot (feet)
10 * Except that the front yard and the exterior side
yard may be reduced to not less than six (6) feet,
for a portion not to exceed fifty (50%) percent of
the building frontage, and providing that a total of
ten (10) square feet of front yard is provided for
each lineal foot of total lot frontage.
** Except where abutting an R- District, then not
less than the minimum yard required for the adjacent
yard in the R-District.

2. Additional Setback Requirement. In any P-A District, directly across a street or thoroughfare, not including a freeway, from any R- District, parking and loading facilities shall be distant at least ten feet from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

Section 27. Section 24.10.1320 – Use Determination of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1320 USE DETERMINATION.

Any other uses or service establishments that are determined by the zoning administrator to be of the same general nature character as the foregoing uses, and which; those that will not impair the present or potential use of adjacent properties and are consistent with the policies of the Port

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District Master Plan and the Local Coastal Land Use Plan, may be permitted allowed by special use permit. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 28. Part 16: General Industrial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1500 PURPOSE.

To encourage sound industrial development by providing and protecting an environment for such development, subject to regulations necessary to ensure the purity of the land, air, and waters in Santa Cruz County, and the protection of nearby residential, commercial, and industrial uses of the land from hazards, noise, and other disturbances. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

24.10.1505 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Acting/art/music/dance schools and studios (610);
b. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; c. Financial, insurance, real estate offices (420);
d. Food and beverage preparation (100);
e. Furniture and fixtures (120);
f. Laboratories and related facilities for research, experimentation, testing, film processing, software development, including cannabis testing; g. Medical/health offices/laboratories (410);
h. Millwork textile products (105);
i. Printing and publishing or lithographic shops and plants; j. Professional offices (400);
k. Professional/personal service (except mortuaries) (310); l. Rental service (360);
m. Repair, alterations, maintenance (except boat repairs) (340); n. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex;

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o. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices if operated in an area no greater than three thousand square feet, and no hazardous materials are used during the operation; p. Storage warehousing (330);
q. Wholesale trade durable goods (210);
r. Wholesale trade nondurable goods (200).

24.10.1510 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

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Santa Cruz City CouncilAugust 23, 2022

Santa Cruz City Council
August 23, 2022