B. Walkability
Goal: To promote pedestrian permeability
and walkability through districts as
redevelopment occurs over time, particularly
for larger sites.
1. Existing public connections:
i. In all areas of the city, where a
project site includes an
existing public street, alley,
path, staircase, paseo, trail, or
other public pedestrian
wayconnection, this public
connection will be maintained or relocated in kind within the project site. ii. Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable Area Plan, or, in the case where no Area Plan applies, the requirements of Section II.E Ground Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20 of the Municipal Code. Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply. a. Decorative sidewalks may be required based on Area Plan standards.
Installation of all sidewalks will be based on the standard details provided by the Department of Public Works.
ii.iii. The total number of connections through the site for cyclists and pedestrians shall not be reduced.
2. New public connections:
1. Any new connections shall be at least 10 feet wide and a minimum of 80 percent open to the sky.
i. Where block length exceeds 500 feet (measured from curb to curb along the length of any a new public right of way) and new street, alley, path, paseo, trail, or other public pedestrian connection is required by an Area Plan, this connection shall be incorporated into any development or redevelopment is proposed withinproposal for the middle 50 percentsites identified by the Area Plan. i.ii. Where the street frontage length of the blocka site exceeds 400 feet along a single roadway, and there is not already a public connection required by an Area Plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, staircasepaseo, trail, or other public pedestrian way that is at least 10 feet wide and a minimum of 80connection within the middle 50 percent open toof the sky. site. See Figure 1.
i. Where the project parcel touches more than one existing public way, the newly created public way shall connect to the existing public ways, and clear passage shall be permitted during daylight hours.
Word on the Street
Interview Excerpt
“People will say to me, ‘You don’t have
a car? How do you get around?’ Um, I
walk! I prefer to walk. I always wanted
to retire where I could walk to things,
[it] was never [the plan] that I would
have a car. I want to be able to walk to
shopping or take transit. It’s very
important for my living space.”
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a. Where the new public waystreet, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be provided, posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the dedication of right-of-way or the granting of a public easement.
Figure Properties adjacent to parcels developed with1: New Public Connections ii.iii. Regardless of the street frontage length of a project, properties abutting a public way shall include street, alley, path, paseo, trail, or other public connection to on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public way, regardless of block length,connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.
iv. All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least 10 feet wide and a minimum of 80 percent open to the sky. Standards for public or private streets shall be met as required by Department of Public Works design guidelines.
3. Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any Area Plan, the requirements of Section II.E Ground Floor Design, and the requirements for sidewalk widths as defined in chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.
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C. Public Frontages
Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.
1. Where a common Residential lobby is provided, the lobby shall be accessed from a public frontage.
2. In the Mixed Use, all MU zones, the ground floor along any public frontage shall consist of 100 percent Uses for Active Frontage as allowed in the underlying zone district.
3. In the C-C, R-T, C-T, C-N, and R-TC-B zones, the ground floor facingalong the public frontagepublic frontage shall consist of no less than 50 percent Uses for Active Frontage as allowed in the underlying zone district.
i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter
15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
2.4. Uses for Active Frontage shall be subject to the following standardstandards:
iii.i. The frontage shall consist of 100 percent Active UsesUses for Active Frontage shall be built to a minimum depth of at least 25 feet as measured perpendicular to the predominant building facepredominant building face, with the exception of areas for building ingress/egress, and access to parking or loading access, and mechanical rooms.areas. If more than one ground floor Active Frontage space is provided, the 25-foot minimum depth shall be applied as an average applies todepth of the total depth of all the Active UseActive Frontage spaces facingalong the predominant building face.
ii. In all Commercial and Mixed-Use zones, the ground floor facing the public frontageMechanical rooms shall not be placed along the public frontage.
Mechanical rooms shall be located adjacent to a driveway or parking area. a. On lots with multiple public frontages, such as corner lots or doublefrontage lots, mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20.
In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
iii. Amenities provided to building residents do not qualify as Uses for Active Frontage unless they are also open and available to the general public.
3.5. In the C-C, R-T, C-T, C-N, C-B, and all MU zones, the ground floor facing a public frontage shall be subject to the following standards:
i. On corner lots, the ground floor shall have 100 percent nonresidentialcommercial uses at the corner, extending for at least 30 feet on either Field Code Changed
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side of the corner, or the distance of the frontage of the corner parcel, whichever is less.
ii. Entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage. The following uses are exempt from this requirement:
• Food and Beverage Stores, MedicalMedial/Health Offices • Lodging in areas designated MXVC in the 2030 General Plan iii. Residential or Commercial lobbies are limited to a maximum of 30 feet of frontage, unless they are combined with an Active Use, in which case they are limited to 80Active Use, in which case they are limited to 50 feet of frontage.
6. In primarily residential districts, all R-districts, with the exception of flag-lots, a parcel’s public frontage shall be comprised of ground -floor residential uses that are oriented toward the public frontage.
i. Ground floor residential units that face a public frontagepublic frontage shall provide an entry facing toward the public frontagepublic frontage that provides access into an entry area, living area, kitchen, or hallway (not a bedroom or bathroom). or bedroom, with the exception of studios).
ii. Entries facing a public frontagepublic frontage shall include a minimum of 48 square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Planning Code Section 24.12.120 for allowed projections into setback areas.)
D. Parking Location and Screening
Goal: To minimize the visual impact of parked cars from sidewalks and open spacesstreets.
1. ParkingOff street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12 Part 3.
1.2. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building facepredominant building face to the edges of the lot. See Figure
12. Figure 12: Parking Location
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2.3. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:
i. Podium parking facing a public frontage shall be wrapped with activeUses for Active Frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least 18 feet average, measured on each level perpendicular from the predominant building face. (Also see Active Building Frontage requirements which may apply at the ground floor.) ii. Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage, tuckTuck-under parking may not face on a public frontage; instead it shall be wrapped with active or residential usesUses for Active Frontage to a depth of at least 18 feet average, measured perpendicular from the predominant building face. See Figure 3. (Also see Active Building FrontagePublic Frontage requirements which may apply at the ground floor.)
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Figure 3: Tuck-Under Parking Screening
iii. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except where drivewaythe width of the access is provided, shall be screened by buildings, evergreen buffer landscapingbuffer landscaping to a minimum depth of 3 feet, or fences that are at least 75 percent opaque. Fences or hedges shall not be greater than, nor allowed to exceed 68 feet in height on an interior side yard or rear yard, or 3.5 feet in height in ana front or exterior side yard. (Also see Section
24.12.280.)
4. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area.
5. Driveways and approaches shall comply with the standards set forth in Municipal Code Sections 15.20 and 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a Transportation Study.
Field Code Changed
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E. Landscape and Buffering
Goal: To enhance the urban forest, provide shade
for buildings and sidewalks, and incorporate
landscape, and provide visual buffering into new
development in a way that is visually appealing
and consistent with the character of Santa Cruz.
In primarily residential R-districts, the goal of
landscape is also to soften the massing of
buildings as they front the street. In commercial
and mixed-use districts, the goal is also to create
a landscaped edge to sidewalks and encourage
the incorporation of terraces and balconies for
privateusable outdoor space (livability),
architectural interest (modulation), and access to
outdoor space for public health and passive
cooling (resilience).
1. In the primarily residential districts:
1. In all R-districts:
i. All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least 75 percent softscapelandscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.
ii. Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.
iii. Turf areas shall include no more than 25 percent of the total irrigated area on the site.
2. In commercial the C-C, R-T, C-T, C-N, C-B, and mixed-use districtsall MU zones :
i. Public frontagesAll public frontages shall provide ground-level landscaping at a ratio of 8incorporate 12 square feet of planted area tofor each 30 linear feet of building frontage. counted by rounding up to the next increment of planted area.
For example, a building with a 31-foot building frontage would incorporate a minimum of 24 square feet of landscaped area (two increments of 12 square feet).
ii. This may be provided in small, individual pockets of planting, or in larger, planted areas, and must occur within the property line. This standard applies regardless of ground floor use.
Word on the Street
Survey Results
• When asked what features residents
would like to allow in a larger front
setback, 23 percent of respondents
voted for landscaping.
Focus Group Feedback
• “[The] trees are memorable and
special, [and] they create peace.
There’s a lot of access to
nature...biodiversity.”
• “[Referring to sidewalk amenities:]
more emphasis on greenscaping,
[being] environmentally conscious.
More native trees and plants, and
more trees in general.”
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iii. A landscaped buffer of at least 5 feet in depth and the length of the property line shall be provided at the rear property line on sites that are 100 feet or greater in depth and abut a residentially zoned parcel at the rear property line . iii.iv.Plants shall be selected to comply with WELO standards found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. iv.v. Street Trees shall be planted in the public right of way, or within 5 feet of the public right of way, at a rate of 1 tree per each 30 feet of site frontage. Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the Parks and Recreation and Public Works Departments, including the Street Tree Master Plan, and the requirements of Municipal Code Section 13.30 and 15.20 as applicable at the time of design review.
v.vi. Any plantings or landscaping materials within surface parking areas are required to comply with the City’s Low-Impact Development (LID) standards, Storm Water Best Management Practices, and Storm Water Management Program.
3. Refuse/Recycling Storage Facility: Enclosures for refuse bins or dumpsters are required of all new multi-family and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.
F. Usable Open Space
Goal: To provideenhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy.
1. In the C-C, R-T, C-T, C-N, C-B and all MU districts:
vi.i.At least 40 square feet of private open space and at least 20 square feet of common open space shall be provided per dwelling unit.
vii.ii.Common open space may be substituted for private open space at a ratio of 2:1 (i.e., 80 square feet of common open space may be substituted for 40 square feet of private open space).
2. In all R-districts: the amount of required open space shall be determined by the underlying zone district standard.
3. In all districts where residential uses are an allowed use:
i. Private usable open space must be at least 4 feet in any horizontal dimension and common usable open space must be at least 15 feet in any horizontal dimension.
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ii. There shall be no limit to the
percent of the required open space
that may be assigned to private
balcony or patio areas.
iii. No less than 25 percent of the total
common open space area shall be
permanently landscaped with live
plant material incorporating trees,
shrubs, and groundcover.
iv. A minimum of three of the
following features shall be
incorporated into common open
spaces and maintained on the site:
• Fixed or movable seating
• Picnic-style tables
• Shade trees (see allowances
under 24.22.586, Open
Space, Useable) or shaded
canopy
• Community garden
• Flowering plants
• Native habitat
• Play area for pets
• Educational or interpretive
information about
geographic, historic, or
ecological features, such as
plaques about relevant tribal
history or indigenous plant
information
• Outdoor kitchen equipment
or fire pit
• Children’s play equipment
• Sports courts
• Public art or interactive art,
such as a life-size chess
game, sculpture, or murals
1. In commercial and mixed-use districts:
• Spa, pool, or hot tub
Word on the Street
Focus Group Feedback
“[In a previous living situation with
communal courtyards] having those
communal spaces, they were not used
as much as you would think. They
were often empty…Having the
individual spaces will probably be
used more often. Having communal
space is important, but people will find
communal space elsewhere.”
“People would use [communal space]
sometimes for soccer games and
sometimes for a birthday party, but it
wasn’t used on a day-to-day basis the
way a private space is. You can’t go to
the park and, you know, have your
coffee, and you can’t let your dog poop
wherever you want, and you can’t grow
your basil and know that no one else’s
dog is pooping on it.”
Word on the Street
A wide variety of menu options are
provided so that developers and
architects can decide what may work
best in a certain location. This is based
on community feedback that amenity
needs vary by location. One participant
wrote:
“Generic public spaces are often
"sterile" and underused, it's essential
to determine what makes some
spaces work as opposed to others.”
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i. At least 40 square feet of private open space and at least 20 square feet of common open space shall be provided per dwelling unit.
v.ii.Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Municipal Code Section 24.12.150 Height Limits Modifications. vi.iii.Up to 30 percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other humanactive use (i.e. not auto or bike parking), which is open to the sky, and is not less than 15 feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.
2. In primarily residential districts, the
amount of required open space shall be
determined by the underlying zone district
standard.
II. Building Design
A. Upper-Level Taper
A. Neighborhood Transition
Goal: To create a flexible waytransition between
new development and existing neighborhoods,
provide privacy for larger buildings to taper toward
their tops, thereby reducing visual bulk of
additional floors.current and future residents, and
minimize potential shading on neighboring residents.
1. In the C-C, R-T, C-T, C-N, C-B, and all MU districts: along property lines that abut an Rdistrict:
1. Where no other upper-level setback or stepback controls apply (e.g. a Specific Plan), for projects that exceed 90 percent of the allowable FAR or exceed 4 stories or 45 feet in height, the area of the uppermost floor of the building shall be reduced by at least 15 percent of the occupiable area of the floor below it. This reduction shall be combined with a 15 percent reduction in the maximum diagonal dimension. See Figure 2 for examples of floorplate reduction. As with other buildings, roofline standards, described in Section II.B below, do not apply to the roofline that is more than 15 feet behind the predominant building face.
i. Buildings shall not intercept a 45-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of 35 feet above grade.
See Figure 4.
Word on the Street
Community Feedback
Community members who attended
public hearings and participated in our
online web activity frequently
mentioned the idea of a daylight
plane. Development professionals also
responded well to this idea, citing its
clarity compared to the previously
proposed standard to reduce the
floorplate of only the uppermost story
of taller buildings.
Formatted: i, Outline numbered + Level: 2 +
Numbering Style: i, ii, iii, … + Start at: 1 + Alignment:
Left + Aligned at: 0.69" + Indent at: 0.94"
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Figure 4: Neighborhood Transition Plane
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2. Private or shared balconies and decks shall not extend into an underlying setback.
3. The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least 3 feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with Lighting requirements.
Figure 2: Upper-Level Taper
B. B. Roof Form
Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.
1. Buildings shall be designed to havewith variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every 30 feet of frontage that occursand shall be located within 15 feet of the predominant building face on all building frontages. On Corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 35. i. Roof form is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 46.
ii. A change in roof form must be combined with a change in height of at least 3 feet, a horizontal change in plane of at least 4 feet, or a change in roof pitch. See Figure 57 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
iii. Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least 36 square feet in Formatted: Font: Bold, Italic
Formatted: List Paragraph, Centered, Indent: Left: 0",
Space Before: 0 pt, Border: Top: (No border), Bottom:
(No border), Left: (No border), Right: (No border),
Between : (No border)
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areahorizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size. iv. Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least 48 square feet in areahorizontal area.
Balconies should also conform to the standards for Useable Open Space in Section I.F.
v. EachFor the purposes of calculating the number of required roof forms on a building, each increment of 30 feet of building frontage requires an additional roof form, counted by rounding up to the nearestnext whole number. For example, a frontage of 31 feet would be required to provide two roof forms. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in 30-foot increments.
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Figure 35: Applying Roofline Standards
Figure 6: Roof Forms
2. Combining Roof Forms
i. The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 57.
ii. Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.
iii. Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. iv. Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least 36 square feet in area. See Figure 56 for examples.
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iv.v. For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum 2-foot change in height relative to the adjacent roof form. For buildings that are three stories or taller, the minimum change in height shall be 3 feet. This change in height shall be measured to the top of the parapet, where present. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
Figure 4: Roof Forms
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Figure 57: Combining and Counting Roof Forms
C. Building Modulation
Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
1. Where no other upper-level setbackmodulation controls apply (e.g. a Specifican Area Plan), building frontagesfaces that are longer than 30 feet wide and face onto a public frontage, or rear or side yard setback, shall be articulated in one of the following three ways (Note that articulation is not required for the sides or rears of buildings that are built to zero lot-line):.
i. Provide a horizontal change in plane for every 30 feet of frontagebuilding face, rounded up to the nearestnext whole number (e.g., a frontage of 31 feet would be required to provide two changes in plane). TheAs shown in Figure 8, the change in plane must be at least 4 feet deep and 6 feet wide, and must be open to the sky; or
Figure 68: Building Modulation – Option One
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ii. Provide a horizontal change in plane for every 30 feet of frontagebuilding face, rounded up to the nearest whole number (e.g., a frontagebuilding face of 31 feet would be required to provide two changes in plane). TheAs shown in Figure 9, the change in plane must be at least 2
feet deep and 6 feet wide, and be
combined with a change in
material; or
Word on the Street
Focus Group Feedback
(Responding to images of different
buildings) “[The image on the left] is
very monolithic. It’s like a big slab
presented at you. Even though it
has only one more floor than the
one on the right, it looks visually so
much more obtrusive because it
doesn’t have any architectural
features to break it up.”
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Figure 79: Building Modulation – Option Two
iii. Provide a horizontal change in plane at an interval of 50 feet or less. TheAs shown in Figure 10, the change in plane must be at least 6 feet deep and 12 feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent.
Figure 810: Building Modulation – Option Three
2. FrontagesBuilding faces that are less than 30 feet wide are not required to have a change in plane incorporated into their frontages.design.
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3. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.
D. Corridor Frontage
Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, humanscaled ground floors that promote walkability and provide space for local businesses.
1. Unless otherwise dictated by an Area Plan, the ground floor frontage facing a Corridor shall be set back at least 12 feet from the face of the curb. See Figure 11. i. This may be achieved with an inset ofby setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-of-way., except that awnings and balconies at the second story or above may extend into the right of way no more than 3 feet. No projection shall be closer than 8 feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the City Engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.). ii. This setback area shall not be counted toward the Active Use requirement to incorporate Uses for Active Frontage, and the area shall be used as a 12-footwide sidewalk over at least 80 percent of the frontage. iii. In no case shouldshall the passable sidewalk width be less than 8 feet. without approval of an Administrative Use Permit and revocable license as allowed under Municipal Code Section 24.12.192 for Outdoor Extension Areas, in which case the passable sidewalk width shall not be less than 6 feet.
Figure 11: Corridor Frontage
E. Ground Floor Design
Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability and provide space for commercial uses and allow for some exclusively residential developmentwith functional commercial or live-work frontages. Also, where residential
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units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
1. In Commercial the C-C, R-T, C-T, C-N, C-B, and Mixed Use Zones, non-residentialall MU districts, commercial ground-floors shall be designed as follows:
i. Minimum ground floor frontage transparency of 70 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade, and. ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included. a. In a commercial space, any mezzanine shall be set back at least 30 feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.
iii. Entries shall be inset from the building face at least 32 feet.
2. In CommercialIn the C-C, R-T, C-T, C-N, and C-B zones where exclusively residential development is allowed, ground floor residential units alongshall not occupy more than 50 percent of a public frontage shall . Residential units on the ground floor may be designed as Live-Work units.Live-Work units or may be exclusively residential units.
2.3. Any Live-Work units shall be designed as follows:
i. Live-Work units are only permitted on the ground floor. iv.ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included. a. In a Live-Work unit any mezzanine shall be set back at least 18 feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.
v.iii. Minimum ground floor depth of 2518 feet.
vi.iv.Minimum unit/storefront width of 1512 feet.
vii.v.Minimum ground floor frontage transparency of 50 percent. between a height of 2 feet and 12 feet measured parallel above sidewalk grade. viii.vi. Entries shall be inset from the building face at least 32 feet.
4. In commercialin the C-C, R-T, C-T, C-N, and mixed-use districts,C-B zones where residential units including live-workother than Live-Work units are located at the ground floor, the following standards shall apply:
i. Where units are individually accessed, the doorentry must be set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 12. a. This may be a setback of the ground floor only, or a setback of the entire building face.
b. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.
c. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated
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from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:
● An increase in elevation of at least 2 feet;
● A railing or gate;
● Clustered landscaping, as in a hedge or other dense planting, not exceeding 42 inches in height.
Figure 912: Ground Floor Residential - With Individual AccessEntry Setback ii. Where a unit does not have individual external access, shared to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least 4 feet from the sidewalk; this setback may be reduced to 2 feet if the unit is elevated at least 2 feet above the sidewalk. See Figure 13.
a. This may be a setback of the ground floor only, or of the entire building face.
b. This setback area should incorporate landscaping or planters.
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Figure 1013: Ground Floor Residential – Without Individual Access F. Architectural Detail
Goal: To highlight the prominence of corner
buildings along Corridors,Corridors, ensure that
buildings have an appropriate level of detailing,
and ensure that building facesfacades convey the
qualities of substantiality and depth.
1. Buildings that are mixed-use and/or
fourthree stories in height or greater shall
visually differentiate the ground floor from
the floors above by one or more of the
following:
i. a change in material; and/or
ii. a change in plane; and/or
iii. a cornice line, belly band, or similar horizontal element.
2. Buildings at the intersection of a Corridor and another street (including another Corridor) shall implement at least one of the following corner features:
i. Increased height of the corner roofline of at least 3 feet above the adjacent roofline; and/or
ii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner.
See Figure 14. This may be at the ground floor only, or for the entire height of the building; and/or
Word on the Street
Survey Results
When asked “what is most important
for a new building on a commercial
corridor to include, even if it increases
housing costs” the most common
response was architectural detail.
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Figure 1114: Chamfered Corner
iii. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk.
Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 15.
Figure 1215: Public Open Space at Corner
3. Buildings in commercialthe C-C, R-T, C-T, C-N, C-B, and mixed-use districtsMU zones shall apply at least two categories of the following architectural devicesfeatures to each building face on everyand to each level above ground floor (excluding side and rear faces that are built to zero lot-line):. Buildings may incorporate different features on each
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face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.:
i. Category 1 - Terrace, balcony, or Juliette balcony (at least one per level)with a minimum projection of 10 inches and a minimum width of 3 feet (at least one per level; see also Neighborhood Transition).
ii. Category 2 - Windows detailed with a lintel, sill, or arch iii. Category 3 - Awnings, louvers, or shutters
iv. Category 4 - Decorative cornice or decorative lighting sconcesconces (see also Standard II.GH Lighting, below)
4. Windows shall be inset such that there is at least 2 inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to 3 inches for buildings that areinclude 4 or more stories or taller, for all windows above the ground floor.
5. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of 15 feet.
G. Building Materials
Goal: To ensure that building materials are high-quality, durable, and convey a sense of permanence, and reflect the existing character of buildings in the urban environment.
1. Building materials shall be selected according to the following criteria:
i. The following materials are acceptable for use on building faces: tile, brick, glass, metal , painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and greenliving walls. (as defined). ii. PanelizedUnarticulated or flat
panelized materials (such as
cement board panels, metal panels,
or GFRC panels) are prohibited on
public frontages. but may be
incorporated on other building
faces. Panels for modular and prefabricated construction are allowed (including sandwich panels).
iii. Any materials that are not explicitly
listed here are required to be
approved through a
discretionaryrequire an
administrative design review
applicationpermit to ensure that
approved materials conform to the goal of this section.
2. Buildings shall incorporate two or more of the accepted materials listed above or as approved in the design of each elevation.building face. No single material may make up overmore than 85 percent of each elevationany building face. This can include materials Word on the Street
Survey Results
High-quality materials and material
application were among the most
frequently mentioned ideas in surveytakers’ free responses.
Focus Group Feedback
(Responding to images of different
buildings) “[I] especially [liked] the
building material. I like the brick and
whatever it is above it, wood or metal. I
like that change [in materials].”
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for building decoration (e.g., awnings, louvers, balconies, cornice lines, or window sillswindowsills), but does not include fenestration (glass, frames, or other elements of windows and doors).
3. At building corners, materialexcept for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes at corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 1316.
4. Living walls shall meet the following standards:
i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
ii. The living wall shall not be located on a north, or north-east-facing building face. iii. The living wall shall include an integrated irrigation system. iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO. vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.
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Figure 1316: Material Application
H. Lighting
Goal: To ensure that public areas of buildings are well-lit for wayfinding and safety, while minimizing the amountimpacts of glare, light trespass, and light pollution and helpingin order to help make new development Dark Sky friendly.
1. Individual exterior luminaires shall be
shielded to direct light downward and
shall not exceed 1,260 lumens if fully
shielded, or 315 lumens if unshielded
(excluding lighting at the main entry)..
Exterior light fixtures shall utilize light
sources with a color temperature that
does not exceed 3000 Kelvin value.
i. A luminaire is considered to be fully
shielded if it is constructed and
installed in such a manner that all
light emitted by the luminaire, either
directly from the lamp or a diffusing
element, or indirectly by reflection
or refraction from any part of no
more than 3000. the luminaire, is
Word on the Street
Several community members provided
suggestions to clarify and refine the
lighting standards. One resident’s
email:
“Good civic design should require that
the building entrance(s) should be the
main visual event, helping people
orient and pay most attention to safety
at important transitional zones.
Everywhere else should be visually
secondary. Humans perceive
brightness (luminance) on a log scale,
so 3:1 ratio means other surfaces will
appear about half as bright.”
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projected below the horizontal plane through the luminaire's lowest light-emitting part.
2. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motiondetecting lights).
1.3. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas.
2.4. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.
5. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any R-district.
3. The height of luminaires shall not exceed 1815 feet above grade.
4.6. Outdoor lights shall not blink, flash, for all luminaires other than those in parking areas or change intensitydecorative sconces as allowed under F. 3. Architectural Detail.
7. Building faces shall be illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.
III. Definitions
Active Uses
Uses that qualify as Uses for Active UsesFrontage are defined in each zone district where site design requires active frontage as follows:
● Uses listed in the C-C district that are principally permitted or allowed with a use permit or special use permit.
● Ground floor live-work units (See Section II.D.3 for requirements); ● Spaces accessory to residential uses, such as lobbies, fitness, or community rooms, are considered uses only if they meet the requirement for transparency in Section II.D.2 and have access directly to the public sidewalk or street.
The following uses are excluded from the Active Use designation: Auto Supply Stores; Repairs, Alterations and Maintenance Services for Household Items; Off-Site Public/Private Parking Facilities; Ambulance Services, Auto Services and Repair; Boat Repair; all uses involving manufacturing; Residential Units (unless they are live-work units); Mortuaries; and Smoking Lounges..
Buffer Landscaping
Landscaping that can be expected to be at least 50 percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of 2 feet or less.
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Commercial and Mixed-Use Districts
Parcels that are zoned to allow a range of non-residential uses, either exclusively or in conjunction with residential uses at a range of densities that are typically more intense than those found in the Primarily Residential Districts. For the purposes of this section, this term refers to the following zone districts: C-C, C-T, C-N, C-B, P-A, SC-H, I-G, P-F, All R-T zones, and the R-H zone when two or more residential units are included in a development proposal.
Corridors
Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this document, these road waysroadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.
Live-Work
Live-work is a type of Residential use that also incorporates commercial uses. A live-work unit is defined as a unit that meets the prescribed design standards in Section II.D.3. Due to the commercial uses which accompany this Residential use, it is the only type of residential unit that may be considered an Active Use when located at the ground floor. The commercial uses allowed in a live-workThe commercial uses allowed in a Live-Work unit are dictated by the uses allowed in the underlying zoning district.
Primarily Residential Districts
Parcels that are zoned for residential development at a range of densities. For the purposes of this document, these are limited to the following zone districts, or other districts with the same use allowances: R-S, R-1, R-L, R-M.
Living Wall
A Living Wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.
Predominant Building Face
Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 17.
Figure 1417: Predominant Building Face
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Public Frontage
A frontage that faces a street, public right of way, publicly accessible pedestrian path, or public open space, such as a river levee.
Shielded Luminaire
A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part. (Credit: “Model Lighting Ordinance,” Illuminating Engineering Society and International Dark Sky Association, June 2011.)
Stacked Flats
A multi-family building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 18.
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Figure 1518: Stacked Flats
Townhomes
AFor the purposes of interpreting this section only, a townhome is a multi-family building type that consists of side-by-side units, each standing on a discreet area of land, often with parking on the ground floorwhich may or may not be a separate legal lot, with parking on the ground floor within the building envelope. This definition shall not apply beyond this section of the Municipal Code, and does not supersede the Definition of Dwelling, Townhouse in Section
24.22.318 See Figure 19.
Figure 1619: Townhomes
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24.12.110 SETBACK REQUIREMENTS MODIFICATIONS.
1. Front Yards.
a. Where twenty-five percent or more of the lots fronting on any block in the same zone (exclusive of the frontage along the side of a corner lot) have been improved with buildings permitted in said zone and the depth of the front yards on such lots varies not more than ten feet, then the front yard depth required on any lot in said block shall be not less than the median depth of the front yards on the lots on which are located such existing buildings; or b. In any district where the two adjacent lots on either side of a parcel, neither of which is a corner lot and each of which is in the same zone as the center lot, are already improved with uses permitted in the zone, and the average of the front yards of such adjoining lots is less than that required for the zone, then the required front yard depth for the center lot shall not be less than half the sum of the front yard setbacks of the two adjoining lots; or c. Where Section 24.12.185.13 applies, required front yard depth shall not be less than twelve feet measured from back of curb.
2. Corner Lot Yards.
a. Where, on a corner lot, an exterior side yard abuts a front yard of an adjoining lot in an RDistrict, the corner lot exterior side yard shall have a width of not less than one-half of the required depth of such adjacent front yard.
b. Each corner lot should have one front yard, two side yards, and one rear yard of the depth required by this title. Normally the front yard shall be across the narrow dimension of the lot and the rear yard opposite this; in unusual cases, however, the location and the relationship of such yards to abutting streets and to each other may be determined by the zoning administrator.
c. In any zoning district in which a minimum front yard is established, no obstruction to view between three and one-half feet, and eight feet above grade shall be placed within the clear corner triangle as defined in this title.
3. Double-Frontage Yards. The width of required interior side yard or required rear yard may be reduced or waived when such interior side yard or rear yard abuts an alley or a street (e.g., doublefrontage lot), freeway, stream, public utility right-of-way, coastline or other similar feature which precludes or inhibits construction on or development of the property.
4. Lots of Record – Required Yards. In any district for which a minimum lot area is established, a lot of record, as defined in this title, having less than the required area and/or width and/or depth may be used for a use permitted in the district, except as provided in Section 24.10.351. a. In any district or for any use where side yards are required, the minimum side yard width shall be four feet or ten percent of the lot width, whichever is greater, for the first story only.
Beyond the first story, the standard side yard setback established in the specific district regulations shall apply.
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b. In any district or for any use where a rear yard is required, the depth of the rear yard of any such lot shall be ten feet or twenty percent of the depth of the lot, whichever is greater. c. A single-family dwelling may be constructed on any lot of record, subject to Section 24.10.351. For residential districts other than single-family, the district requirements for minimum lot and land area per dwelling unit shall apply, except as modified by the density bonus provisions of this title.
24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS,
SETBACKS AND EASEMENTS.
1. Projections Into Required Yard Areas. The following are permitted projections into required yard areas. Projections shall not be permitted in yards that are less than the minimum established by district regulations except as provided for in subsection (2), or as allowed in certain areas under Section 24.12.185.13.
a. Architectural features such as cornices, canopies, eaves and sills shall be permitted to project into front, rear and side yards two and one-half feet; b. Steps serving the first floor, and bay windows, chimneys, decks, and porches serving the first floor and above may extend into front, rear and exterior side yards one-half of the required yard or six feet, whichever results in a greater setback. For interior side yards, maximum projection is one foot, eight inches unless the projection meets the requirements of subsection (1)(c). Bay window, deck, porch and step projections are permissible in interior side yards on the first floor only. In all cases, no projection or aggregate of projections listed in this subsection shall be more than one-third of the building wall along which it is located; c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior side yards without restriction; d. Guardrails on decks and porches and handrails on stairs projecting into required yards on the first floor shall be considered fences and shall be governed by Section 24.12.160, with the exception of guardrails and/or handrails required for access to the first floor for the physically challenged;
e. Rain retention systems attached to the main residence may extend into side and rear yards one-half the required yard or six feet, whichever results in the greater setback. For interior side yards, the minimum setback shall be three feet. Such encroachment shall be no higher than six feet from finished grade.
2. Any structure necessary to provide access to the first floor for the physically challenged.
3. Projections into Special Street Setbacks. The following uses are permitted within the special street setbacks established in Section 24.12.115 herein. a. Streetlights, traffic signs and signals and appurtenances necessary to the conduct or operation of a public utility, facility, or purpose;
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b. Fences, walks, hedges, landscaping, outdoor merchandise display, platforms, landings, steps and signs, when constructed or installed so as to have a maximum height of two and one-half feet above curb grade, except as provided for in Section 24.12.120, subsection (3)(d); c. Unenclosed porches, cornices, canopies, eaves, and similar architectural features and signs when constructed so that the clearance from curb grade to the lowest portion thereof, except supporting members, is at least eight feet; and further provided that no supporting member shall have a cross-section of greater than eight inches, nor be located closer than six feet to another supporting member within the setback area; d. Any structure necessary to provide access to the first floor for the physically challenged.
4. Projections into Easements. No structure or projection thereof may extend into a public utility easement.
24.12.125 LANDSCAPING REQUIREMENT.
In all districts where yards are required, all portions of each front and exterior side yard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained. Additional landscaping requirements are contained in Section 24.12.185 Objective Design Standards for Multifamily Housing
24.12.127 BIRD SAFE BUILDING DESIGN REQUIREMENT.
In all districts where new construction or exterior changes to the façade of buildings or structures requiring a Planning Permit are located within 300 feet of any of the following: parcels with a General Plan Land Use Designation of CR, PR, NA, or AG; an open waterway mapped in the City-wide Creeks and Wetlands Management Plan; or any area within 300 feet of undeveloped property likely to provide significant bird habitat, as determined by the Zoning Administrator, proposed buildings or structures shall be designed in a manner consistent with the published Bird Safe Building Design Standards as maintained by the City Planning and Community Development Department and as updated from time to time.
24.12.150 HEIGHT LIMITS MODIFICATIONS.
1. The height limitations specified in this title shall not apply to the following uses:
a. Church spires, minarets, belfries, domes;
b. Water, fire observation, and lifeguard towers, chimneys, aids to navigation; c. Buildings and structures intended for agricultural purposes; d. Fire walls, not extending more than four feet above the height of the building; e. Cupolas, scenery lofts, or other unoccupied roof structures for the housing of elevators, stairways, or tanks, tanks no more than twenty feet in height. Such structures must be set back from the edge of the building at a ratio of 1.2 feet horizontal for every 1 foot in height.
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f. vVentilating fans, air conditioning, or similar equipment used solely to operate and maintain a building, which are screened from the view of a building of equivalent height by a parapet or other architectural screen.
g. Railings, up to forty-eight (48) inches in height, or the height required by building code, whichever is greater, consistent with the requirements in Section 24.12.185 relating to rooftop decks as applicable.
2. The height limitations specified in this title may be exceeded for the following uses, subject to a special use permit:
a. Smokestacks, monuments, flagpoles;
b. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters;
c. Antennas for radio broadcast and receiving, electric power transmission and distribution lines, poles and towers;
d. Wireless telecommunications facilities;
e. Places of public assembly such as places of worshipchurches, schools, and other permitted public and semipublic buildings, the principal activities of which are conducted on the ground floor of such buildings; provided, that for each foot by which the height of such buildings exceed the maximum height permitted, the depth or width of the required side and rear yards shall be increased by one foot.
24.12.160 FENCING AND SCREENING.
1. Fencing. Regulations governing the installation, construction and placement of fences and structures in the nature of fences which exceed height limitations contained herein are set forth in Chapter 24.08, Part 7, Conditional Fence Permit.
a. Height Limitations. No person shall erect upon any private property in the city any fence, or structure in the nature of a fence, exceeding the following height limitations:
(1) Within the required front and exterior side yard setback areas established by this title, Chapter 18.04 or other ordinances of the city, fences shall not exceed a height of three feet, six inches from finished grade, except as provided in Chapter 24.08, Part 7; (2) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of six eight feet from finished grade, with any portion of the fence above six feet consisting of lattice or other similar material that is at least 50% open except as provided in Chapter 24.08, Part 7; (3) Any fence along a property line adjacent to a street, or in the adjacent required setback, except in the clear corner triangle, may include a gate, trellis or other entry feature exceeding the height limit stated in subsections (1)(a)(1) and (2). Such gate, trellis or entry feature shall be limited to ten feet in width and ten feet in height. Only one such
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gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.
b. Fire Hazard. The erection of any fence which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, or which will interfere with access in case of fire, by the fire department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians shall not be permitted. c. Temporary Fences – Exceptions. Nothing contained in this title shall be deemed to interfere with the erection of temporary fences around construction works, erected or maintained pursuant to Chapter 18.04 and other ordinances of the city. d. Barbed-Wire Fencing. No barbed-wire fences may be constructed, electrified or otherwise, without a conditional fence permit.
e. Hedges. Hedges or dense planting in the nature of a hedge in excess of three feet, six inches in height shall not be grown or maintained within the required front or exterior side yard setbacks of the zoning district in which the property is located. f. Clear Corner Triangles and Clear Vision Areas. Fences or hedges shall not be greater than, nor allowed to exceed, three feet, six inches in height in the clear corner triangle and the clear vision area as defined in Section 24.22.202.
g. Fences within Watercourse Setback Areas. Fencing within a designated riparian corridor or development setback area of a watercourse shall be consistent with requirements of the watercourse development permit, Section 24.08.2150.
2. Screening.
a. In any nonresidential district adjacent to any R- District, screening between districts shall be provided.
b. All areas of outdoor storage in any commercial or industrial district shall be permanently screened from view from any adjacent street, public way or adjacent private property.
24.12.180 COMMUNITY HOUSING PROJECT REQUIREMENTS.
1. Separate Utilities. A community housing project shall provide for independent services of water, sewer, gas and electricity to each dwelling unit. Separate meters are not required.
2. Off-Street Parking. A community housing project shall provide off-street parking as required by Part 3 of this chapter.
In addition, a community housing project shall provide one additional parking space for each four dwelling units within the project.
3. Private Useable Open Space. A community housing project shall provide a minimum of one hundred square feet of private open space for each dwelling unit located in such a manner as to be
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immediately accessible to each dwelling unit usable open space in compliance with the requirements of Section 24.12.185 and the underlying zoning district.
4. Storage Area. A community housing project shall provide a minimum of two hundred cubic feet of enclosed storage space within the project capable of being secured by lock or other means for each unit, in addition to kitchen cupboards, clothes and linen closets.
24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY
DEVELOPMENT.
1. General
a. The purpose of this section is to provide a set of clear, objective, and measurable standards for multi-family and mixed-use residential development that is consistent with the character of Santa Cruz while also ensuring that new housing development is economically feasible. b. The objective standards in this section relate to building design and site design for new development and redevelopment projects (including all multi-family proposals that meet the definition of demolition in the municipal code).
c. The regulations in this section shall apply to new development or redevelopment of residential and mixed-use buildings containing two or more dwellings (excluding any ADUs or Jr. ADUs), proposed in the city of Santa Cruz in any zone district other than the Central Business District (CBD) or Central Business District, Subdistrict –E (CBD-E). In some cases, standards apply to some zoning districts and not others; where no specific district is indicated, standards apply to all zoning districts other than the CBD and CBD-E.
2. Definitions
For the purposes of interpreting Municipal Code Section 24.12.185 the following definitions shall apply:
Active Uses. Uses that qualify as Uses for Active Frontage are defined in each zone district where standards for site design requires active frontage.
Buffer Landscaping. Landscaping that can be expected to be at least 50 percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of 2 feet or less.
Corridors. Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this document, these roadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.
Live-Work. Live-work is a type of Residential use that also incorporates commercial uses. The commercial uses allowed in a Live-Work unit are dictated by the uses allowed in the underlying zoning district.
Living Wall. A Living Wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural
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support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.
Predominant Building Face. Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 1.
Figure 1: Predominant Building Face
Public Frontage. A frontage that faces a street, public right of way, publicly accessible pedestrian path, or public open space, such as a river levee.
Shielded Luminaire. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
Stacked Flats. A multi-family building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 2.
Figure 2: Stacked Flats
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Townhomes. A townhome is a multi-family building type that consists of side-by-side units, each standing on a discreet area of land, which may or may not be a separate legal lot, with parking on the ground floor within the building envelope. See Figure 3.This definition shall not apply beyond this section of the Municipal Code, and does not supersede the Definition of Dwelling, Townhouse in Section 24.22.318.
Figure 3: Townhomes
I. Site Design
3. Maximum Building Length
Goals: To incentivize multi-family buildings that are more affordable by design, and more ‘housesized' in residential zone districts. a. In all R-districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions. Where the building façade along the public frontage is no greater than 75 feet in length and where the proposal meets the definition of a stacked flat building type (as opposed to a townhome building type), the parking requirement shall be reduced by half.
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i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Where required sidewalks are of equal width, this requirement shall apply to all frontages.
Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
b. In C-C, R-T, C-T, C-N, C-B, and all MU districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions.
4. Walkability
Goal: To promote pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites.
a. Existing public connections:
i. In all areas of the city, where a project site includes an existing public street, alley, path, paseo, trail, or other public pedestrian connection, this public connection will be maintained or relocated within the project site.
ii. Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable Area Plan, or, in the case where no Area Plan applies, the requirements of Section II.E Ground Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20 of the Municipal Code.
Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply.
1. Decorative sidewalks may be required based on Area Plan standards. Installation of all sidewalks will be based on the standard details provided by the Department of Public Works.
iii. The total number of connections through the site for cyclists and pedestrians shall not be reduced.
5. New public connections:
a. Where a new public street, alley, path, paseo, trail, or other public pedestrian connection is required by an Area Plan, this connection shall be incorporated into any development or redevelopment proposal for the sites identified by the Area Plan. b. Where the street frontage length of a site exceeds 400 feet along a single roadway, and there is not already a public connection required by an Area Plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle 50 percent of the site. See Figure 4. i. Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement.
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Figure 4: New Public Connections
c. Regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.
d. All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least 10 feet wide and a minimum of 80 percent open to the sky. Standards for public or private streets shall be met as required by Department of Public Works design guidelines.
e. Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any Area Plan, the requirements of Section II.E Ground Floor Design, and the requirements for sidewalk widths as defined in chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.
6. Public Frontages
Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.
a. Where a common Residential lobby is provided, the lobby shall be accessed from a public frontage.
b. In all MU zones, the ground floor along any public frontage shall consist of 100 percent Uses for Active Frontage as allowed in the underlying zone district. c. In the C-C, R-T, C-T, C-N, and C-B zones, the ground floor along the public frontage shall consist of no less than 50 percent Uses for Active Frontage as allowed in the underlying zone district.
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i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Where required sidewalks are of equal width, this requirement shall apply to all frontages.
Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
d. Uses for Active Frontage shall be subject to the following standards:
i. Uses for Active Frontage shall be built to a minimum depth of at least 25 feet as measured perpendicular to the predominant building face, with the exception of areas for building ingress/egress and access to parking or loading areas. If more than one ground floor Active Frontage space is provided, the 25-foot minimum depth shall be applied as an average depth of the total depth of all the Active Frontage spaces along the predominant building face.
ii. Mechanical rooms shall not be placed along the public frontage. Mechanical rooms shall be located adjacent to a driveway or parking area.
iii. On lots with multiple public frontages, such as corner lots or double-frontage lots, mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Where required sidewalks are of equal width, mechanical rooms are prohibited along all frontages. Sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
iv. Amenities provided to building residents do not qualify as Uses for Active Frontage unless they are also open and available to the general public. e. In the C-C, R-T, C-T, C-N, C-B, and all MU zones, the ground floor facing a public frontage shall be subject to the following standards:
i. On corner lots, the ground floor shall have 100 percent commercial uses at the corner, extending for at least 30 feet on either side of the corner, or the distance of the frontage of the corner parcel, whichever is less.
ii. Entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage. The following uses are exempt from this requirement:
1. Food and Beverage Stores, Medical/Health Offices
2. Lodging in areas designated MXVC in the 2030 General Plan iii. Residential or Commercial lobbies are limited to a maximum of 30 feet of frontage, unless they are combined with an Active Use, in which case they are limited to 50 feet of frontage.
f. In all R-districts, with the exception of flag-lots, a parcel’s public frontage shall be comprised of ground-floor residential uses that are oriented toward the public frontage. g. Ground floor residential units that face a public frontage shall provide an entry facing toward the public frontage that provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios).
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h. Entries facing a public frontage shall include a minimum of 48 square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Planning Code Section 24.12.120 for allowed projections into setback areas.)
7. Parking Location and Screening
Goal: To minimize the visual impact of parked cars from sidewalks and streets. a. Off street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12.200 et seq.
b. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot. See Figure 5.
Figure 5: Parking Location
c. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:
i. Podium parking facing a public frontage shall be wrapped with Uses for Active Frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least 18 feet average, measured on each level perpendicular from the predominant building face. (Also see Sections 24.12.185.13 Corridor Frontage and .14 Ground Floor Design.)
ii. Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage and is setback less than 15 feet from the public right of way, tuck-under parking shall be wrapped with active or residential uses to a depth of at least 18 feet average, measured perpendicular from the predominant building face. See Figure 6. (Also see Sections 24.12.185.13 Corridor Frontage and .14 Ground Floor Design.)
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Figure 6: Tuck-Under Parking Screening
d. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except the width of the access, shall be screened by buildings, evergreen buffer landscaping to a minimum depth of 3 feet, or fences that are at least 75 percent opaque. Fences or hedges shall not be greater than, nor allowed to exceed 8 feet in height on an interior side yard or rear yard, or 3.5 feet in height in a front or exterior side yard. (Also see Section 24.12.280.) e. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area. f. Driveways and approaches shall comply with the standards set forth in Municipal Code Sections 15.20 and 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a Transportation Study.
8. Landscape and Buffering
Goals: To enhance the urban forest, provide shade for buildings and sidewalks, incorporate landscape, and provide visual buffering into new development in a way that is visually appealing and consistent with the character of Santa Cruz.
In R-districts, the goal of landscape is also to soften the massing of buildings as they front the street.
In commercial and mixed-use districts, the goal is also to create a landscaped edge to sidewalks and encourage the incorporation of terraces and balconies for usable outdoor space (livability), architectural interest (modulation), and access to outdoor space for public health and passive cooling (resilience).
a. In all R-districts:
i. All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least 75 percent landscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.
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ii. Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.
iii. Turf areas shall include no more than 25 percent of the total irrigated area on the site. b. In the C-C, R-T, C-T, C-N, C-B, and all MU zones :
i. All public frontages shall incorporate 12 square feet of planted area for each 30 linear feet of building frontage counted by rounding up to the next increment of planted area.
For example, a building with a 31-foot building frontage would incorporate a minimum of 24 square feet of landscaped area (two increments of 12 square feet). ii. This may be provided in small, individual pockets of planting, or in larger planted areas, and must occur within the property line. This standard applies regardless of ground floor use.
iii. A landscaped buffer of at least 5 feet in depth and the length of the property line shall be provided at the rear property line on sites that are 100 feet or greater in depth and abut a residentially zoned parcel at the rear property line . iv. Plants shall be selected to comply with WELO standards found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. v. Street Trees shall be planted in the public right of way, or within 5 feet of the public right of way, at a rate of 1 tree per each 30 feet of site frontage. Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the Parks and Recreation and Public Works Departments, including the Street Tree Master Plan, and the requirements of Municipal Code Sections 13.30,15.20, and 24.12.186 as applicable at the time of design review.
vi. Any plantings or landscaping materials within surface parking areas are required to comply with the City’s Low-Impact Development (LID) standards, Storm Water Best Management Practices, and Storm Water Management Program. c. Refuse/Recycling Storage Facility: Enclosures for refuse bins or dumpsters are required of all new multi-family and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.
9. Usable Open Space
Goal: To enhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy. a. In the C-C, R-T, C-T, C-N, C-B and all MU districts:
i. At least 40 square feet of private open space and at least 20 square feet of common open space shall be provided per dwelling unit.
ii. Common open space may be substituted for private open space at a ratio of 2:1 (i.e., 80 square feet of common open space may be substituted for 40 square feet of private open space).
b. In all R-districts: the amount of required open space shall be determined by the underlying zone district standard.
c. In all districts where residential uses are an allowed use:
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i. Private usable open space must be at least 4 feet in any horizontal dimension and common usable open space must be at least 15 feet in any horizontal dimension. ii. There shall be no limit to the percent of the required open space that may be assigned to private balcony or patio areas.
iii. No less than 25 percent of the total common open space area shall be permanently landscaped with live plant material incorporating trees, shrubs, and groundcover. iv. A minimum of three of the following features shall be incorporated into common open spaces and maintained on the site:
1. Fixed or movable seating
2. Picnic-style tables
3. Shade trees (see allowances under 24.22.586, Open Space, Useable) or shaded canopy
4. Community garden
5. Flowering plants
6. Native habitat
7. Play area for pets
8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information
9. Outdoor kitchen equipment or fire pit
10. Children’s play equipment
11. Sports courts
12. Public art or interactive art, such as a life-size chess game, sculpture, or murals
13. Spa, pool, or hot tub
d. Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Municipal Code Section 24.12.150 Height Limits Modifications.
e. Up to 30 percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other active use (i.e. not auto or bike parking), which is open to the sky, and is not less than 15 feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.
II. Building Design
10. Neighborhood Transition
Goal: To create a transition between new development and existing neighborhoods, provide privacy for current and future residents, and minimize potential shading on neighboring residents. a. In the C-C, R-T, C-T, C-N, C-B, and all MU districts: along property lines that abut an Rdistrict:
i. Buildings shall not intercept a 45-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of 35 feet above grade. See Figure 7.
Figure 7: Neighborhood Transition Plane
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ii. Private or shared balconies and decks shall not extend into an underlying setback. iii. The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least 3 feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with Lighting requirements of Section 24.12.185.17.
11. Roof Form
Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.
a. Buildings shall be designed with variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every 30 feet of frontage and shall be located within 15 feet of the predominant building face on all building frontages. On Corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 8.
i. Roof form is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 9.
ii. A change in roof form must be combined with a change in height of at least 3 feet, a horizontal change in plane of at least 4 feet, or a change in roof pitch. See Figure 7 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
iii. Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least 36 square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size.
iv. Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least 48 square feet in horizontal area. Balconies should also conform to the standards for Useable Open Space in Section 24.12.185.8.
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v. For the purposes of calculating the number of required roof forms on a building, each increment of 30 feet of building frontage requires an additional roof form, counted by rounding up to the next whole number. For example, a frontage of 31 feet would be required to provide two roof forms. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in 30-foot increments.
Figure 8: Applying Roofline Standards
Figure 9: Roof Forms
b. Combining Roof Forms
i. The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 10.
ii. Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.
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iii. Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. iv. Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least 36 square feet in area. See Figure 6 for examples.
v. For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum 2-foot change in height relative to the adjacent roof form.
For buildings that are three stories or taller, the minimum change in height shall be 3 feet. This change in height shall be measured to the top of the parapet, where present.
Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
Figure 10: Combining and Counting Roof Forms
12. Building Modulation
Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
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a. Where no other modulation controls apply (e.g. an Area Plan), building faces that are longer than 30 feet wide shall be articulated in one of the following three ways. i. Provide a horizontal change in plane for every 30 feet building face, rounded up to the next whole number (e.g., a frontage of 31 feet would be required to provide two changes in plane). As shown in Figure 11, the change in plane must be at least 4 feet deep and 6 feet wide, and must be open to the sky; or
Figure 11: Building Modulation – Option One
ii. Provide a horizontal change in plane for every 30 feet of building face, rounded up to the nearest whole number (e.g., a building face of 31 feet would be required to provide two changes in plane). As shown in Figure 12, the change in plane must be at least 2 feet deep and 6 feet wide, and be combined with a change in material; or
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Figure 12: Building Modulation – Option Two
iii. Provide a horizontal change in plane at an interval of 50 feet or less. As shown in Figure 13, the change in plane must be at least 6 feet deep and 12 feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent.
Figure 13: Building Modulation – Option Three
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b. Building faces that are less than 30 feet wide are not required to have a change in plane incorporated into their design.
c. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.
13. Corridor Frontage
Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, humanscaled ground floors that promote walkability and provide space for local businesses. a. Unless otherwise dictated by an Area Plan, the ground floor frontage facing a Corridor shall be set back at least 12 feet from the face of the curb. See Figure 14. i. This may be achieved by setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-of-way, except that awnings and balconies at the second story or above may extend into the right of way no more than 3 feet. No projection shall be closer than 8 feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the City Engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.).
1. This setback area shall not be counted toward the requirement to incorporate Uses for Active Frontage, and the area shall be used as a 12-foot-wide sidewalk over at least 80 percent of the frontage.
2. In no case shall the passable sidewalk width be less than 8 feet without approval of an Administrative Use Permit and revocable license as allowed under Municipal Code Section 24.12.192 for Outdoor Extension Areas, in which case the passable sidewalk width shall not be less than 6 feet.
Figure 14: Corridor Frontage
14. Ground Floor Design
Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are
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allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
a. In the C-C, R-T, C-T, C-N, C-B, and all MU districts, commercial ground-floors shall be designed as follows:
i. Minimum ground floor frontage transparency of 70 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.
ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included.
3. In a commercial space, any mezzanine shall be set back at least 30 feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.
iii. Entries shall be inset from the building face at least 2 feet. b. In the C-C, R-T, C-T, C-N, and C-B zones where residential development is allowed, ground floor residential units shall not occupy more than 50 percent of a public frontage. Residential units on the ground floor may be designed as Live-Work units or may be exclusively residential units.
c. Any Live-Work units shall be designed as follows:
i. Live-Work units are only permitted on the ground floor. ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included.
4. In a Live-Work unit any mezzanine shall be set back at least 18 feet from the building frontage and shall occupy no more than one-half of the area of the ground floor. iii. Minimum ground floor depth of 18 feet.
iv. Minimum unit/storefront width of 12 feet.
v. Minimum ground floor frontage transparency of 50 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.
vi. Entries shall be inset from the building face at least 2 feet. d. In in the C-C, R-T, C-T, C-N, and C-B zones where residential units other than Live-Work units are located at the ground floor, the following standards shall apply:
i. Where units are individually accessed, the entry must be set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 15.
1. This may be a setback of the ground floor only, or a setback of the entire building face.
2. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.
3. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:
• An increase in elevation of at least 2 feet;
• A railing or gate;
• Clustered landscaping, as in a hedge or other dense planting, not exceeding 42 inches in height.
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Figure 15: Ground Floor Residential Entry Setback
e. Where a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least 4 feet from the sidewalk; this setback may be reduced to 2 feet if the unit is elevated at least 2 feet above the sidewalk. See Figure 16.
i. This may be a setback of the ground floor only, or of the entire building face. ii. This setback area shall incorporate landscaping or planters.
Figure 16: Ground Floor Residential – Without Individual Access
15. Architectural Detail
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Goal: To highlight the prominence of corner buildings along Corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.
a. Buildings that are mixed-use and/or three stories in height or greater shall visually differentiate the ground floor from the floors above by one or more of the following:
i. a change in material; and/or
ii. a change in plane; and/or
iii. a cornice line, belly band, or similar horizontal element. b. Buildings at the intersection of a Corridor and another street (including another Corridor) shall implement at least one of the following corner features:
i. Increased height of the corner roofline of at least 3 feet above the adjacent roofline; and/or
ii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner. See Figure 17. This may be at the ground floor only, or for the entire height of the building; and/or
Figure 17: Chamfered Corner
c. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 18.
Figure 18: Public Open Space at Corner
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d. Buildings in the C-C, R-T, C-T, C-N, C-B, and MU zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.
i. Category 1 - Terrace, balcony, or Juliette balcony with a minimum projection of 10 inches and a minimum width of 3 feet (at least one per level; see also Section 24.12.185.10 Neighborhood Transition).
ii. Category 2 - Windows detailed with a lintel, sill, or arch iii. Category 3 - Awnings, louvers, or shutters
iv. Category 4 - Decorative cornice or decorative lighting sconces (see also Section
24.12.185.17 Lighting)
e. Windows shall be inset such that there is at least 2 inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to 3 inches for buildings that include 4 or more stories, for all windows above the ground floor.
f. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of 15 feet.
16. Building Materials
Goal: To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment. a. Building materials shall be selected according to the following criteria:
i. The following materials are acceptable for use on building faces: tile, brick, glass, metal (except as prohibited below) painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined).
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ii. Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces.
Panels for modular and pre-fabricated construction are allowed (including sandwich panels).
iii. Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section. b. Buildings shall incorporate two or more of the accepted materials listed above or as approved in the design of each building face. No single material may make up more than 85 percent of any building face. This can include materials for building decoration (e.g., awnings, louvers, balconies, cornice lines, or windowsills), but does not include fenestration (glass, frames, or other elements of windows and doors). c. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane.
See examples shown in Figure 19.
d. Living walls shall meet the following standards:
i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
ii. The living wall shall not be located on a north, or north-east-facing building face. iii. The living wall shall include an integrated irrigation system. iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face. v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO.
vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.
Figure 19: Material Application
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17. Lighting
Goal: To ensure that public areas of buildings are lit for wayfinding and safety, while minimizing impacts of glare, light trespass, and light pollution in order to help make new development Dark Sky friendly.
a. Individual exterior luminaires shall be shielded to direct light downward and shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
i. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part. b. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motion-detecting lights).
c. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas. d. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.
e. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any R-district.
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f. The height of luminaires shall not exceed 15 feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under F. 3. Architectural Detail. g. Building faces shall be illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.
24.12.186 REQUIREMENTS FOR STREET TREES.
1. When new development or redevelopment is proposed that triggers the requirement for a sidewalk greater than or equal to seven feet in width based on requirements of Section
24.12.185.12, Section 15.20.060, or any applicable Area Plan, street trees shall be provided by the owner or developer either within the public right-of-way along any site frontage or within five feet any site frontage immediately adjacent to the required public sidewalk. The street trees shall be permanently maintained in the approved location by the owner or successor in interest of the property whose project triggered the tree planting requirement. a. The street trees shall conform to the Public Works Department Tree Planting Details and Tree Sidewalk Program Policy. Except when otherwise provided in those guidelines, the street trees provided shall be a minimum of one tree for each 30 feet of frontage of the property along each street frontage, with any remaining fraction of 10 feet or more of frontage requiring an additional tree. For example, a lot that is no more than 30 feet in width is required to provide a minimum of one street tree, and a lot of 50 feet in width is required to provide a minimum of two street trees.
i. If closer spacing is recommended by an applicable area plan the spacing in the area plan shall govern.
ii. The rates above govern the number of trees to be provided but do not establish a minimum spacing. Trees may be grouped at the recommendation of the Landscape Architect or Project Certified Arborist.
b. The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy, and all the standards of Chapter 13.30.
i. Planting wells may incorporate alternative technologies to enhance root development and promote tree growth. Where existing soils beyond the tree well are not conducive to tree growth, as determined by the City of Santa Cruz Urban Forester, techniques including but not limited to structural soils and suspended pavement may be conditioned. c. Street trees newly planted in the public right-of-way or within five feet of the public right-ofway shall not be planted:
i. Within a Clear Vision Area required by the city
ii. Within 3 feet of a parking sign unless the Department of Public Works agrees to relocate the sign at the expense of the project.
iii. Within 5 feet of a gas or water meter, or underground electrical conduit. iv. Within 5 feet of a fire hydrant.
v. Within 10 feet of a sewer lateral.
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vi. Within 10 feet of an electrical utility pole.
vii. Within 10 feet of a driveway.
viii. Within 15 feet of a crosswalk.
ix. Within 20 feet of a traffic signal.
x. Within 15 feet of existing trees unless the location is recommended by a landscape architect or Project Certified Arborist, as approved by the City of Santa Cruz Urban Forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting.
d. Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.
e. Where location criteria eliminate all options for locating the required number of street trees within the public right-of-way or within five feet of the public right-of-way, and utilities cannot be further consolidated to allow for installation of street trees as demonstrated in a landscaping plan, the requirement to provide street trees shall be met in the following alternative method:
i. Incorporation of trees on the development site at a rate of 1.5 trees per 1 street tree that is not provided, with fractional requirements rounded up to the next whole number.
1. These trees may be located anywhere on the site, including but not limited to; a buffer at the rear of the property, in a permanent rooftop garden (not in a stand-alone planter), or as a shade tree within a parking area.
2. Trees placed within 5 feet of any paved area shall be installed consistent with the Public Works Department Tree Planting Details.
24.12.240 NUMBER OF PARKING SPACES REQUIRED.
1. Where the computation of required parking spaces produces a fractional result, fractions of onehalf or greater shall require one full parking space.
Use Spaces Required
a. Automobile or machinery sales and service garages 1 for each 400 square feet of floor area b. Banks without automatic teller machines 1 for each 400 square feet of floor area c. Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each machine
d. Business and professional offices, excluding medical and dental offices
1 for each 300 square feet of floor area
e. Billiard parlors 1.5 for each table
f. Community care residential facilities, including, but not limited to:
assisted living facilities, children’s homes, congregate care homes, nursing homes, residential treatment facilities
1 for every 5 guests, plus 1 for each
employee on the shift with the
maximum number of personnel
g. Houses of worship 1 for each 3.5 seats in the sanctuary h. Dancehalls and assembly halls without fixed seats, exhibition halls, except church assembly rooms in conjunction with auditoriums
1 for each 3 persons of design
occupancy load
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Use Spaces Required
i. Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or manager
j. Funeral homes, mortuaries 1 for each 5 seats of the aggregate number of seats provided in all
assembly rooms
k. Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
l. Hospitals 1 for each bed, plus 1 for each
employee on the shift with the
maximum number of personnel
m. Hotels, motels 1 for each unit intended for separate occupancy, plus 1 for the resident
owner or manager
n. Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair
1 for each 500 square feet of floor area
o. Medical and dental clinics and offices 1 for each 200 square feet of floor area p. Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift with the
maximum number of personnel
q. Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square feet of
floor area
r. Physical therapy 1 space per 200 square feet of floor area. In addition, 1 space per 50
square feet of pool (water) area
s. Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat,
duplex, triplex, multiple
mobilehomes, community
housing projects, other
multifamily dwelling units
1.0 1.0 2.0
Community housing projects,
townhouses, and multifamily
projects of 5 units or more
In addition to meeting above residential parking requirements, guest parking spaces shall be provided at a rate 10% of the above standards. Fractional spaces will be rounded up to the next whole number.
Lodging, rooming houses and
bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the required offstreet parking for multifamily units, not including required
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open space, which could be converted to parking should the retirement center change to a multifamily residential use Small ownership unit (SOU) 1 space for each dwelling unit Single-room occupancy
dwelling unit, less than 300
square feet
0.75 for each dwelling unit
Single-room occupancy
dwelling unit, 300 square feet
or more
1 for each dwelling unit
Accessory dwelling unit The parking standards for accessory dwelling units are as follows (these standards do not affect the amount of required parking for the primary residence):
Outside the coastal zone, no off-street parking shall be required for an ADU and spaces removed to accommodate
an ADU will not require replacement.
On parcels located inside the coastal zone and within the designated areas shown in the LCP Figure “ADU Parking
Required” (which follows this table), at least one off-street parking space shall be required for each ADU, and all offstreet parking requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are removed to
accommodate an ADU.
On parcels located inside the coastal zone but not within the designated areas shown in LCP Figure “ADU Parking
Required” (which follows this table), zero parking spaces shall be required for each ADU. When a garage, carport, or
covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. If other parking areas on a site (e.g., a driveway or other nonstructural parking area) are removed to provide for an ADU, off-street replacement
parking spaces shall be required for the primary (non-ADU) residential use.
Use Spaces Required
t. Restaurants and other
establishments selling food and
beverages on the premises
(including bars and nightclubs
without live entertainment)
1 for each 120 square feet of floor area
u. Restaurants with counter and/or
take-out service or drive-in
facilities
1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service
v. Research and development
facilities
1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
w. Retail stores, shops, service
establishments, including shopping
centers other than furniture and
appliance stores
1 for each 250 square feet of floor area
x. Schools:
• Elementary and junior high 1 for each employee
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Use Spaces Required
• High schools 1 for each employee, plus 1 for each 10 students y. Colleges (business, beauty, etc.)
and universities
1 for each employee, plus 1 for each 3 students
z. Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
aa. Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
ab. Sports arenas, auditoriums,
assembly halls, and meeting
rooms
1 for each 3.5 seats of maximum seating capacity
ac. Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
ad. Tutoring facilities 1 for each 250 square feet of floor area ae. Wholesale establishments,
warehouses, service and
maintenance center,
communications equipment
buildings
1 for each 1,000 square feet of floor area
af. Recycling collection facilities
• Independent 2 spaces
• In conjunction with other uses
that provide required parking
0 spaces
ag. Unspecified uses of buildings,
structures, or premises
Where the parking requirement for a particular use is not specifically established in this section, the parking requirements for each use shall be determined by the zoning administrator, and such determination shall be based upon the requirements for similar uses.
Public uses not specifically established in this section shall meet the parking requirement as established by the planning commission.
The planning commission shall take into account the proposed use and parking availability in the vicinity of the use.
ah. Uses in Parking District No. 1
(Downtown)
Parking shall be provided in conformance with the resolution of the city council for this district in effect at the time of submittal of a complete application.
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2. Covered Parking. All residential development has the option of including covered or enclosed parking, consistent with other zoning standards. No covered or enclosed parking is required for any residential or mixed use housing unit.
3. Unbundled Parking. All residential development of has the option to rent or sell off-street parking spaces separately from the rental or purchase of dwelling units for the life of the dwelling units, such that potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s). Unbundled parking will qualify for a reduced parking requirement when executed in conformance with the requirements of Section 24.12.290.3(e).
4. 3. The following exceptions may be granted for specific types of residential projects:
a. Exceptions to parking requirements may be granted to publicly subsidized housing units, affordable housing projects, and projects for special needs or senior tenants where such requirements are in conflict with state or federal regulations or funding policies. b. SRO parking requirements may be reduced by one-quarter space for each dwelling unit if the project is either located:
(1) Within one-quarter mile or one thousand three hundred twenty feet of an alternative parking facility and spaces are available and can be committed to residents; or
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(2) Within one-quarter mile or one thousand three hundred twenty feet of access to public transportation such as a bus stop.
c. Parking requirements for mixed use developments in the I-G District, as permitted under Section 24.10.1510(2)(k)(3), may be reduced by a maximum of four-tenths space for each dwelling unit as a part of an on-site shared parking plan. d. In addition to the allowances afforded through accessory dwelling unit regulations in Part 2 of Chapter 24.16, existing covered parking may be converted into additional units if all the requirements for the underlying zoning district can be met and replacement parking can be provided that meets the other parking requirements herein.
5. 4. No more than forty percent of the front setback of a residential property developed with up to four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking. No portion of the front setback of a residential property developed with more than four dwelling units (excluding any ADUS or Jr. ADUs) shall be utilized or developed for parking (See also Section
24.12.185.7). No more than fifty percent of the front setback of a residential property may be paved or covered with any impervious surface.
24.12.280 DESIGN REQUIREMENTS.
1. Driveway Design Standards.
a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title. These areas shall be maintained in conformance with Section 13.30.110.
b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces.
c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.
d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles based on AASHTO Green Book sight distances.
e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:
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* Back edge of standard city driveway.
** All percentages are measured from the edge of standard city driveway. f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20.
2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer.
a. Each standard-size parking space shall be not less than nineteen feet in length by eight and one-half feet in width. Each compact parking space shall be not less than sixteen feet in length by seven and one-half feet in width.
3. Access to Spaces or Facilities.
a. Access to parking facilities shall not be less than twenty feet in width; except as follows:
(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes.
(2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.
(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.
(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:
i. That the width is necessary to preserve the open-space character of the area; ii. That the width contributes to the compatible use of open-space lands.
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(5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use. b. Backing Out.
(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley. (2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street.
(3) Dimensions. Public and private parking facilities shall provide at least twenty-four feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-five-degree parking is used, and at least eighteen feet when sixty degree parking is used. In unique situations, a California-licensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles. Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.
4. Tandem Spaces.
a. Required parking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.
5. Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.
6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:
a. Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works; b. Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;
c. Parking facilities approved by the zoning administrator or planning commission for a different parking surface;
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d. All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.
7. Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.
8. Lighting. Lighting shall be directed onto the subject property only and shielded so that the light source is not visible from adjacent properties or streets. The requirements of Section 24.12.185.17 shall also apply to development proposals including any multi-family housing.
9. Landscaping and Screening.
a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design. (1) Every commercial parking facility abutting property either located in R-Districts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use. Screening devices may not exceed the standards set forth in Section 13.30.110. (2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging.
Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention.
b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments.
Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften the effect of the parking area, within the first year. Additional standards for screening found in Section
24.12.185 shall also apply where required.
24.12.295 OFF-STREET LOADING FACILITIES.
1. Purpose. To reduce street congestion and traffic hazards and to add to the safety and convenience of the community, adequate, attractively designed, and functional facilities for off-street loading shall be incorporated as necessary in conjunction with new uses of land.
2. General Provisions. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, commercial, residential, retail and/or wholesale store, market, hotel, hospital, mortuary, motel, laundry, dry cleaning, exercise facility or other similar uses or mixed21.622 use combinations requiring the receipt or distribution by vehicles of material and merchandise, offstreet loading areas shall be provided in accordance with the requirements herein.
In the case of mixed uses in the same structure, on the same lot or in the same development, or more than one type of activity involved in the same use, the total requirements for off-street loading spaces shall be the sum of the requirements for the various uses or activities computed separately, including fractional values.
3. Requirements.
a.
Gross Floor Area
Required
Loading
Spaces
10,000 to 24,999 square feet 1
25,000 to 49,000 square feet 2
For each additional 50,000 square
feet or fraction thereof
1 Use Size of Use Required OffStreet Loading Spaces
Manufacturing, storage, warehouse, retail
and/or wholesale store, market, hotel,
hospital, mortuary, motel, laundry, dry
cleaning, exercise facility, or other similar
uses
10,000 to 24,999 square
feet of gross floor area 1 Type B
25,000 to 49,000 square
feet of gross floor area 2 Type B
For each additional
50,000 square feet of
gross floor area or
fraction thereof
1 Type B
Office
0-24,999 square feet of
gross floor area 0
25,000-99,999 square
feet of gross floor area 1 Type A
over 100,000 square feet
of gross floor area 2 Type A
Residential
0-50 Units 0
51-200 Units 1 Type A
over 200 Units 2 Type A
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b.
MINIMUM DIMENSIONS FOR LOADING SPACES
Type of Loading Space Required
(See Table 22.112.130-A)
Minimum
Length
(feet)
Minimum
Width
(feet)
Required
Vertical
Clearance
(feet)
Type A 24 8 None
Type B 30 10 14
b. Each loading space shall be not less than ten feet in width, thirty feet in length, and with an overhead clearance of fourteen feet.
c. Such space shall not occupy all or any part of any required front or exterior yard area or court space, and shall not be located closer than twenty fifty feet to any lot in an R- District, unless inside a structure or separated from such district by a wall not less than eight feet in height, provided a conditional fence permit is approved. d. Sufficient room for maneuvering vehicles shall be provided on site. e. Each loading berth shall be accessible from a street or alley. f. Entrances and exits shall be provided at locations approved by the public works director.
The location of entrances and exits will be determined based on the results of a transportation study (if required based on Section 15.15.010) and approved by the City’s public works director.
Alternatively, the applicant may allow the public works director to specify entrance and exit locations.
g. The loading area, aisles and access drives shall be paved with a durable, dustless surface, and shall be so graded and drained so as to disperse surface water. h. Wheel stops and bumper rails shall be provided where needed for safety and or to protect property.
i. If the loading area is illuminated, lighting shall be directed away from any abutting residential sites and adjacent streets to reduce light and glare impacts, and shall conform to the standards of Sections 24.12.185.17 and 24.12.280.8 as applicable.
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j. No repair work or servicing of vehicles shall be conducted in a loading area. k. Trucks with trailers or detached trailers shall not be stored on-site. l. Loading areas shall be maintained in good condition and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without approval of review by the zoning administrator. m. Required off-street loading facilities shall be located on the same site as the use for which the off-street loading spaces berths are required.
24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.
1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.
2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits. For development on sites that have “known resources” see subsection (12).
3. An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or on-site monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city and development applications shall demonstrate compliance with any recommended mitigations identified in the required report.
4. Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeological deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.
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5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development.
Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;
d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.
6. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.
7. Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.
8. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.
9. Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.
10. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan.
The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate and that the development plan has been altered sufficiently to the demonstrate compliance
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with all recommended mitigations of the mitigation plan, the director shall authorize the resumption of work in conformance with the mitigation plan.
11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.
12. Development on Known Archaeological Sites. No building permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources without the owner first obtaining an administrative use permit.
The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Historic Preservation Element and the Local Coastal Land Use Plan.
Part 8: UNDERGROUND UTILITIES
24.12.700 GENERAL.
All facilities and wires for the extension of facilities for the supplying and distribution of electrical energy and service, including communication service (as defined in Section 12.60.010), shall be placed underground; and further, there exists a need for regulation of certain modifications of existing utility pole lines, all in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city of Santa Cruz.
24.12.710 PROVISIONS.
1. All new extensions of electrical and communications distribution and service facilities, equipment, and lines carrying less than thirty-four thousand five hundred volts hereafter constructed or installed in the city of Santa Cruz shall be placed underground, unless special permission to construct said facilities above ground is granted, as hereinafter provided.
2. All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts required to be relocated by reason of change of grade or alignment or the widening of the street within which such overhead facilities exist shall, upon relocation, be placed underground, unless special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.
3. Overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts shall not be installed to support overhead facilities where such installation would duplicate an existing pole line within an entire city block.
4. Electric and communication service wires or cables to any new building or structure shall be placed underground unless the Project is subject to an exception identified in Section 24.12.720.
Where this requirement would be impractical or unreasonable, the director of public works, upon application of the property owner, may permit overhead services.
5. Any new building or structure where an expansion of any electric or planned communication service on or within 500 feet of the property is planned to occur within 5 years of construction completion, as demonstrated through related capital projects or private development, and which
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has not otherwise been permitted for overhead utilities or in-lieu fee payment, shall install dark conduit (as defined in Section 12.60.010) along the project frontage or within the project site, together with any necessary easements for the city to facilitate expansion and future connection to all such service(s) in conformance with the Public Works dark conduit installation specifications that are current at the time of design review and available from the Public Works Department.
6. Any new building or structure, shall be connected to existing or planned electric and communications services by active lines, if available, or dark conduit leading to the building from an adjacent main, in conformance with the applicable Public Works dark conduit installation specifications that are available from the Public Works Department. Any lots or structures with more than one unit shall provide such connections to every individual unit.
7. Any existing building, site, underground utility installation, or structure, for which trenching is required to, from, or along existing or planned electrical or communications services, shall provide underground utilities or dark conduit connections of consistent form and quality with all the specifications of this Section 24.12.710 except as provided in 24.12.720 (7).
8. All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure, and units therein, being served shall be provided by the person building, renovating, owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission and to the lawful requirements of state laws and city ordinances. All such infrastructure, upon completion and acceptance by the city, shall be dedicated as public improvements to the city.
24.12.720 EXCEPTIONS.
The provisions of Section 24.12.710 shall not apply to: the following. Applicants shall be responsible for any studies, analysis, and reports required by Public Works to demonstrate eligibility for any exceptions.
1. Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision of, and to the satisfaction of, the city engineer.
2. Poles or electroliers used exclusively for street lighting.
3. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any street.
4. Radio antennas, their associated equipment and supporting structures used by a utility for furnishing communication services.
5. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, and other facilities which are determined by the city engineer as infeasible for undergrounding.
6. The property owner may voluntarily apply to the city engineer to request an alternate discretionary process for the purposes of assessing the applicability of this Part 8 and shall provide Public Works with any studies, analysis, or reports and payment of any associated fees.
Subsequent to such study or analysis, the city engineer may require in-lieu payments, grant exceptions or other modifications to the requirements of this Part 8 on a case by case basis.
7. The city engineer may exempt city led projects from the requirement to install dark conduit connections.
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CITY OF SANTA CRUZ
Objective Development Standards
DRAFT FOR ADOPTION, 5/20/2022
Table of Contents
Document Guide
Differentiation by District
Site Design
Building Design
Definitions
Document Guide
Purpose of the Document
The purpose of this document is to provide a set of clear, objective, and measurable standards for multi-family and mixed-use residential development that is consistent with the character of Santa Cruz while also ensuring that new housing development is economically feasible.
To address the housing shortage, recent State legislation, including Senate Bill (SB) 35,SB 330, and SB 9, requires multi-family projects to be reviewed only against objective design and development standards. According to the Government Code (Sections 65913.4 and 66300[a][7]), objective development standards “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable” by development applicants and public officials before submittal of a project application. In other words, objective standards allow applicants to know the requirements that will apply to a proposed project so that they can design a project that meets those standards. These objective development standards can therefore make development more predictable and easier to interpret for all stakeholders, including decision makers, City staff, applicants, and members of the public.
The standards in this document will dictate the form and style of new development on some prominent parcels throughout the city at key intersections and in many residential neighborhoods. Creating standards that are easy to understand and effective at creating highquality buildings will make creating new affordable and market rate housing easier and more transparent for existing and future residents of Santa Cruz.
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Relationship to Other Planning Documents
While the City has many design guidelines that promote best practices, many are subjective or optional, and therefore cannot currently be enforced under State law. The objective development standards in this document work as a baseline, creating citywide standards that apply to all new multi-family and mixed-use residential projects. The standards in this document work in tandem with other City standards already in place. ● General Plan. The General Plan contains objective standards related to floor-area-ratio (FAR) and/or development density for all land uses in the City. The objective development standards in this document are consistent with the General Plan and dictate the bulk, mass, and design of buildings in a more fine-grained way than the General Plan.
● Area Plans. The Area Plans will continue to set a vision and best practices for specific geographic areas/neighborhoods in Santa Cruz. Where applicable, the objective development standards have drawn on standards and guidelines that exist in the Area Plans. Objective standards that exist in Area Plans will continue to apply. Objective standards can be identified in Area Plans by reviewing guidelines and standards for words like “must,” “shall,” “will” or “will not.”
● Zoning. The Zoning District Standards contain objective standards that define the building envelope such as setbacks, heights, parking, and open space requirements.
These district-by-district standards will continue to dictate basic development standards, and the objective development standards will apply in addition to these requirements, providing refinement in terms of site and building design. Note that in order to maximize opportunities for housing, zoning standards relating to required open space are proposed to be amended with the objective standards. ● Other Municipal Code Sections. The City also maintains and enforces standards related to stormwater drainage, roadway and traffic requirements, and standards for working within the public right of way to install sidewalks, street trees, and lighting. These standards will continue to apply, and City departments are evaluating the need to make some of the existing standards more objective in order to ensure they continue to apply in the necessary manner.
● Building Standards Codes. All construction in the State of California is subject to the California Building Standards Codes which dictate health, safety, and energy and water efficiency standards for new and remodeled structures. In Santa Cruz, the City’s Green Building Program also requires additional green building features of every new housing unit and requiring responsible disposal of construction waste products.
Implementation
The objective standards in this document relate to building design and site design for new development and redevelopment projects (including all multi-family proposals that meet the definition of demolition in the municipal code). The standards here will be incorporated into the zoning code as part of chapter 24.12, meaning they will be required of all new development and
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could be waived through a State Density Bonus application for projects providing incomerestricted affordable housing units or, like any zoning standard, could be subject to an application for a variance in situations where exceptional circumstances prevent a particular site from being able to meet one or more of the standards or varied through an application for a Planned Development where public benefit is proposed. Like other zoning standards review for compliance will happen during the development review process, and ongoing maintenance of required conditions will be a matter of code enforcement.
Community Input
In the preparation of this document, the City
performed significant outreach to understand
the desires of the Santa Cruz community. These
standards were shaped in response to the
preferences gathered through this outreach
process. Excerpts from the outreach efforts are
included as call-out boxes throughout the
document -- these are not intended to be regulatory and are simply provided to give background and context.
Assumptions
The regulations in this document shall apply to newly constructed residential and mixed-use buildings proposed in the city of Santa Cruz in any district other than the Central Business District (CBD). In some cases, standards apply to some zoning districts and not others; where no specific district is indicated, standards apply to all zoning districts other than the CBD and CBD-E, which are governed by the Downtown Plan. Due to potential changes in allowable development densities as a result of State-level legislation, these standards are written to apply to multi-family development -- from duplexes to mid-rise buildings, and everything in between -- in any zoning district including the R-1 zone, even though the R-1 zone is currently limited to development of single-family homes and duplexes. These standards are intended to ensure high-quality design of any new or redeveloped multi-family housing, regardless of zoning district, General Plan designation, or property ownership.
Throughout the document there are some standards which may apply specific considerations to different zoning districts because of their specific types of uses or densities. Generally, differences are split between those districts that are primarily commercial, mixed-use, or residential in nature. Where standards differentiate between districts, the specific districts they apply to are listed. If no specific district is listed, then the standard applies to all districts.
All standards in this document are written to be objective and quantifiable. Where a measurement in feet is given, it is assumed to be a linear dimension in the horizontal or vertical direction, unless otherwise stated. Where a measurement in square feet is given, it is assumed Word on the Street
Look for this box for snippets of what
we’ve heard from our community
engagement exercises, including public
meetings, focus groups, interviews, and
online surveys.
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to be gross square feet, unless otherwise stated. Where a specific term is not defined, the definitions contained in Chapter 24.22 of the Santa Cruz Municipal Code shall apply.
Differentiation by District
Surveys and focus group discussions with the
Santa Cruz community revealed that, while
neighborhoods do have unique characteristics
in terms of street width, building spacing,
streetscape improvements, and existing uses,
there is no single architectural or building style
that best represents any given district or
neighborhood. In fact, there was a strong
feeling that an eclectic mix of architectural
styles is what best represents the city’s
architectural identity. Similarly, survey
respondents preferred giving architects
creative freedom over certain design features
instead of dictating strict standards.
However, the results also indicated that
community members desire a difference
between how buildings are designed in
residential neighborhoods versus along the
city’s major corridors (like Soquel Avenue,
Ocean Street, Mission Street, and Water
Street). The findings are summarized below:
● It was commonly expressed that
buildings along major corridors can be
taller and larger and should be
designed to contribute to the walkability and livability of the community, with active ground floor uses and more space for pedestrians.
● By contrast, the lower-intensity, more residential neighborhoods were described as having a diversity of single-family homes alongside smaller apartment buildings, with abundant opportunities for landscaping.
● For all areas, the community expressed a desire for high-quality building materials, architectural features and/or detailing, and for sustainability measures that reflect the environmental values of Santa Cruz.
● In addition to environmental sustainability, the community voiced a strong desire to prioritize housing affordability and creation of a more livable, newer housing stock.
Word on the Street
Survey Results
• On commercial corridors, 67 percent
of respondents preferred an eclectic
building look over a uniform one.
• In both commercial and residential
areas, respondents generally
preferred giving architects freedom
or a menu of options.
Focus Group Feedback
• “Santa Cruz is about uniqueness and
being different, like there’s nothing
that’s exactly the same in Santa Cruz
and that comes from the culture of
not only the buildings but mostly the
community and the people and the
types of people that live in Santa
Cruz. It’s about being different and
embracing your own uniqueness and
everyone is ok with that. Everyone is
ok with being different, which I think
is really magical and something
that’s really important to the culture
of Santa Cruz.”
• “[An eclectic mix] is the only [option] I
wrote yes to...It is the change in
heights, it is not a box, it has visual
interest, and a mix of styles.”
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● As noted above, elements that contribute to the unique feeling of each neighborhood include the width of the streets, the sizes of the lots, the heights of the buildings, the distance that buildings are set back from the street and one another, and the mix of residential densities and non-residential uses. These are patterns that have been set -- and continue to be governed -- by requirements of the different zoning districts and street plan lines.
In response to these findings, the Objective Standards do not require any specific architectural style for specific neighborhoods and enable a wide variety of building styles throughout the City.
Instead, these new standards require specific design approaches related to the scale and type of development in each zoning district. In a few cases, they create flexibility for building forms to achieve specific, performance-based outcomes. For all residential development, the Objective Standards emphasize human scale design, depth and articulation of building faces, high quality building materials, and sustainable design.
I. Site Design
Consistent with the City of Santa Cruz General Plan Goals and Policies and feedback from community members, the following site design requirements guide a development pattern that promotes walkability, minimizes the visual and physical impact of vehicles, and supports opportunities for greenery and landscape.
A. Maximum Building Length
Goals: To incentivize multi-family buildings that are more affordable by design, and more ‘housesized' in residential zone districts.
1. In all R-districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions. Where the building façade along the public frontage is no greater than 75 feet in length and where the proposal meets the definition of a stacked flat building type (as opposed to a townhome building type), the parking requirement shall be reduced by half.
i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk.
Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
2. In C-C, R-T, C-T, C-N, C-B, and all MU districts with mixed use development: The maximum building length shall be as dictated by required setbacks and parcel dimensions.
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B. Walkability
Goal: To promote pedestrian permeability and
walkability through districts as redevelopment
occurs over time, particularly for larger sites.
1. Existing public connections:
i. In all areas of the city, where a
project site includes an
existing public street, alley,
path, , paseo, trail, or other
public pedestrian connection,
this public connection will be
maintained or relocated within
the project site.
ii. Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable Area Plan, or, in the case where no Area Plan applies, the requirements of Section II.E Ground Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20 of the Municipal Code. Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply. a. Decorative sidewalks may be required based on Area Plan standards.
Installation of all sidewalks will be based on the standard details provided by the Department of Public Works.
iii. The total number of connections through the site for cyclists and pedestrians shall not be reduced.
2. New public connections:
i. Where a new public street, alley, path, paseo, trail, or other public pedestrian connection is required by an Area Plan, this connection shall be incorporated into any development or redevelopment proposal for the sites identified by the Area Plan.
ii. Where the street frontage length of a site exceeds 400 feet along a single roadway, and there is not already a public connection required by an Area Plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle 50 percent of the site. See Figure 1.
a. Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement.
Word on the Street
Interview Excerpt
“People will say to me, ‘You don’t have
a car? How do you get around?’ Um, I
walk! I prefer to walk. I always wanted
to retire where I could walk to things,
[it] was never [the plan] that I would
have a car. I want to be able to walk to
shopping or take transit. It’s very
important for my living space.”
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Figure 1: New Public Connections
iii. Regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal.
These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots. iv. All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least 10 feet wide and a minimum of 80 percent open to the sky. Standards for public or private streets shall be met as required by Department of Public Works design guidelines.
3. Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any Area Plan, the requirements of Section II.E Ground Floor Design, and the requirements for sidewalk widths as defined in chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.
C. Public Frontages
Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.
1. Where a common Residential lobby is provided, the lobby shall be accessed from a public frontage.
2. In all MU zones, the ground floor along any public frontage shall consist of 100 percent Uses for Active Frontage as allowed in the underlying zone district.
3. In the C-C, R-T, C-T, C-N, and C-B zones, the ground floor along the public frontage shall consist of no less than 50 percent Uses for Active Frontage as allowed in the underlying zone district.
i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest
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sidewalk. Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter
15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
4. Uses for Active Frontage shall be subject to the following standards:
i. Uses for Active Frontage shall be built to a minimum depth of at least 25 feet as measured perpendicular to the predominant building face, with the exception of areas for building ingress/egress and access to parking or loading areas. If more than one ground floor Active Frontage space is provided, the 25-foot minimum depth shall be applied as an average depth of the total depth of all the Active Frontage spaces along the predominant building face.
ii. Mechanical rooms shall not be placed along the public frontage. Mechanical rooms shall be located adjacent to a driveway or parking area. a. On lots with multiple public frontages, such as corner lots or doublefrontage lots, mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20.
In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
iii. Amenities provided to building residents do not qualify as Uses for Active Frontage unless they are also open and available to the general public.
5. In the C-C, R-T, C-T, C-N, C-B, and all MU zones, the ground floor facing a public frontage shall be subject to the following standards:
i. On corner lots, the ground floor shall have 100 percent commercial uses at the corner, extending for at least 30 feet on either side of the corner, or the distance of the frontage of the corner parcel, whichever is less. ii. Entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage. The following uses are exempt from this requirement:
• Food and Beverage Stores, Medial/Health Offices
• Lodging in areas designated MXVC in the 2030 General Plan iii. Residential or Commercial lobbies are limited to a maximum of 30 feet of frontage, unless they are combined with an Active Use, in which case they are limited to 50 feet of frontage.
6. In all R-districts, with the exception of flag-lots, a parcel’s public frontage shall be comprised of ground-floor residential uses that are oriented toward the public frontage. i. Ground floor residential units that face a public frontage shall provide an entry facing toward the public frontage that provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios).
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ii. Entries facing a public frontage shall include a minimum of 48 square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Planning Code Section 24.12.120 for allowed projections into setback areas.)
D. Parking Location and Screening
Goal: To minimize the visual impact of parked cars from sidewalks and streets.
1. Off street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12 Part 3.
2. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot. See Figure 2.
Figure 2: Parking Location
3. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:
i. Podium parking facing a public frontage shall be wrapped with Uses for Active Frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least 18 feet average, measured on each level perpendicular from the predominant building face. (Also see Active Building Frontage requirements which may apply at the ground floor.) ii. Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage and the underlying zoning requires a setback of less than 15 feet from the public right of way, tuck-under parking shall be wrapped with active or residential uses to a depth of at least 18 feet average, measured perpendicular from the predominant building face. See Figure 3. (Also see Public Frontage requirements which may apply at the ground floor.)
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Figure 3: Tuck-Under Parking Screening
iii. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except the width of the access, shall be screened by buildings, evergreen buffer landscaping to a minimum depth of 3 feet, or fences that are at least 75 percent opaque. Fences or hedges shall not be greater than, nor allowed to exceed 8 feet in height on an interior side yard or rear yard, or 3.5 feet in height in a front or exterior side yard. (Also see Section 24.12.280.)
4. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area.
5. Driveways and approaches shall comply with the standards set forth in Municipal Code Sections 15.20 and 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a Transportation Study.
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E. Landscape and Buffering
Goal: To enhance the urban forest, provide shade
for buildings and sidewalks, incorporate landscape,
and provide visual buffering into new development
in a way that is visually appealing and consistent
with the character of Santa Cruz.
In R-districts, the goal of landscape is also to
soften the massing of buildings as they front the
street. In commercial and mixed-use districts, the
goal is also to create a landscaped edge to
sidewalks and encourage the incorporation of
terraces and balconies for usable outdoor space
(livability), architectural interest (modulation), and
access to outdoor space for public health and
passive cooling (resilience).
1. In all R-districts:
i. All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least 75 percent landscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.
ii. Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.
iii. Turf areas shall include no more than 25 percent of the total irrigated area on the site.
2. In the C-C, R-T, C-T, C-N, C-B, and all MU zones :
i. All public frontages shall incorporate 12 square feet of planted area for each 30 linear feet of building frontage counted by rounding up to the next increment of planted area. For example, a building with a 31-foot building frontage would incorporate a minimum of 24 square feet of landscaped area (two increments of 12 square feet).
ii. This may be provided in small, individual pockets of planting, or in larger planted areas, and must occur within the property line. This standard applies regardless of ground floor use.
iii. A landscaped buffer of at least 5 feet in depth and the length of the property line shall be provided at the rear property line on sites that are 100 feet or greater in depth and abut a residentially zoned parcel at the rear property line . iv. Plants shall be selected to comply with WELO standards found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review.
Word on the Street
Survey Results
• When asked what features residents
would like to allow in a larger front
setback, 23 percent of respondents
voted for landscaping.
Focus Group Feedback
• “[The] trees are memorable and
special, [and] they create peace.
There’s a lot of access to
nature...biodiversity.”
• “[Referring to sidewalk amenities:]
more emphasis on greenscaping,
[being] environmentally conscious.
More native trees and plants, and
more trees in general.”
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v. Street Trees shall be planted in the public right of way, or within 5 feet of the public right of way, at a rate of 1 tree per each 30 feet of site frontage. Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the Parks and Recreation and Public Works Departments, including the Street Tree Master Plan, and the requirements of Municipal Code Section 13.30 and 15.20 as applicable at the time of design review.
vi. Any plantings or landscaping materials within surface parking areas are required to comply with the City’s Low-Impact Development (LID) standards, Storm Water Best Management Practices, and Storm Water Management Program.
3. Refuse/Recycling Storage Facility: Enclosures for refuse bins or dumpsters are required of all new multi-family and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.
F. Usable Open Space
Goal: To enhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy.
1. In the C-C, R-T, C-T, C-N, C-B and all MU districts:
i. At least 40 square feet of private open space and at least 20 square feet of common open space shall be provided per dwelling unit.
ii. Common open space may be substituted for private open space at a ratio of 2:1 (i.e., 80 square feet of common open space may be substituted for 40 square feet of private open space).
2. In all R-districts: the amount of required open space shall be determined by the underlying zone district standard.
3. In all districts where residential uses are an allowed use:
i. Private usable open space must be at least 4 feet in any horizontal dimension and common usable open space must be at least 15 feet in any horizontal dimension.
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ii. There shall be no limit to the
percent of the required open space
that may be assigned to private
balcony or patio areas.
iii. No less than 25 percent of the total
common open space area shall be
permanently landscaped with live
plant material incorporating trees,
shrubs, and groundcover.
iv. A minimum of three of the
following features shall be
incorporated into common open
spaces and maintained on the site:
• Fixed or movable seating
• Picnic-style tables
• Shade trees (see allowances
under 24.22.586, Open
Space, Useable) or shaded
canopy
• Community garden
• Flowering plants
• Native habitat
• Play area for pets
• Educational or interpretive
information about
geographic, historic, or
ecological features, such as
plaques about relevant tribal
history or indigenous plant
information
• Outdoor kitchen equipment
or fire pit
• Children’s play equipment
• Sports courts
• Public art or interactive art,
such as a life-size chess
game, sculpture, or murals
• Spa, pool, or hot tub
Word on the Street
Focus Group Feedback
“[In a previous living situation with
communal courtyards] having those
communal spaces, they were not used
as much as you would think. They
were often empty…Having the
individual spaces will probably be
used more often. Having communal
space is important, but people will find
communal space elsewhere.”
“People would use [communal space]
sometimes for soccer games and
sometimes for a birthday party, but it
wasn’t used on a day-to-day basis the
way a private space is. You can’t go to
the park and, you know, have your
coffee, and you can’t let your dog poop
wherever you want, and you can’t grow
your basil and know that no one else’s
dog is pooping on it.”
Word on the Street
A wide variety of menu options are
provided so that developers and
architects can decide what may work
best in a certain location. This is based
on community feedback that amenity
needs vary by location. One participant
wrote:
“Generic public spaces are often
"sterile" and underused, it's essential
to determine what makes some
spaces work as opposed to others.”
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v. Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Municipal Code Section 24.12.150 Height Limits Modifications. vi. Up to 30 percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other active use (i.e. not auto or bike parking), which is open to the sky, and is not less than 15 feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.
II. Building Design
A. Neighborhood Transition
Goal: To create a transition between new
development and existing neighborhoods, provide
privacy for current and future residents, and
minimize potential shading on neighboring
residents.
1. In the C-C, R-T, C-T, C-N, C-B, and all MU
districts: along property lines that abut an
R-district:
i. Buildings shall not intercept a 45-
degree neighborhood transition
plane inclined inward from the
underlying setback, starting at a
height of 35 feet above grade. See
Figure 4.
Figure 4: Neighborhood Transition Plane
Word on the Street
Community Feedback
Community members who attended
public hearings and participated in our
online web activity frequently
mentioned the idea of a daylight
plane. Development professionals also
responded well to this idea, citing its
clarity compared to the previously
proposed standard to reduce the
floorplate of only the uppermost story
of taller buildings.
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2. Private or shared balconies and decks shall not extend into an underlying setback.
3. The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least 3 feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with Lighting requirements.
B. Roof Form
Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.
1. Buildings shall be designed with variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every 30 feet of frontage and shall be located within 15 feet of the predominant building face on all building frontages. On Corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 5.
i. Roof form is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 6.
ii. A change in roof form must be combined with a change in height of at least 3 feet, a horizontal change in plane of at least 4 feet, or a change in roof pitch. See Figure 7 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
iii. Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least 36 square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size. iv. Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least 48 square feet in horizontal area.
Balconies should also conform to the standards for Useable Open Space in Section I.F.
v. For the purposes of calculating the number of required roof forms on a building, each increment of 30 feet of building frontage requires an additional roof form, counted by rounding up to the next whole number. For example, a frontage of 31 feet would be required to provide two roof forms. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in 30-foot increments.
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Figure 5: Applying Roofline Standards
Figure 6: Roof Forms
2. Combining Roof Forms
i. The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 7.
ii. Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.
iii. Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. iv. Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least 36 square feet in area. See Figure 6 for examples.
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v. For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum 2-foot change in height relative to the adjacent roof form. For buildings that are three stories or taller, the minimum change in height shall be 3 feet. This change in height shall be measured to the top of the parapet, where present. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
Figure 7: Combining and Counting Roof Forms
C. Building Modulation
Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
1. Where no other modulation controls apply (e.g., an Area Plan), building faces that are longer than 30 feet wide shall be articulated in one of the following three ways. i. Provide a horizontal change in plane for every 30 feet building face, rounded up to the next whole number (e.g., a frontage of 31 feet would be required to provide two changes in plane). As shown in Figure 8, the change in plane must be at least 4 feet deep and 6 feet wide, and must be open to the sky; or
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Figure 8: Building Modulation – Option One
ii. Provide a horizontal change in
plane for every 30 feet of building
face, rounded up to the nearest
whole number (e.g., a building face
of 31 feet would be required to
provide two changes in plane). As
shown in Figure 9, the change in
plane must be at least 2 feet deep
and 6 feet wide, and be combined
with a change in material; or
Word on the Street
Focus Group Feedback
(Responding to images of different
buildings) “[The image on the left] is
very monolithic. It’s like a big slab
presented at you. Even though it
has only one more floor than the
one on the right, it looks visually so
much more obtrusive because it
doesn’t have any architectural
features to break it up.”
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Figure 9: Building Modulation – Option Two
iii. Provide a horizontal change in plane at an interval of 50 feet or less. As shown in Figure 10, the change in plane must be at least 6 feet deep and 12 feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent.
Figure 10: Building Modulation – Option Three
2. Building faces that are less than 30 feet wide are not required to have a change in plane incorporated into their design.
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3. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.
D. Corridor Frontage
Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, humanscaled ground floors that promote walkability and provide space for local businesses.
1. Unless otherwise dictated by an Area Plan, the ground floor frontage facing a Corridor shall be set back at least 12 feet from the face of the curb. See Figure 11. i. This may be achieved by setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-of-way, except that awnings and balconies at the second story or above may extend into the right of way no more than 3 feet. No projection shall be closer than 8 feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the City Engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.). ii. This setback area shall not be counted toward the requirement to incorporate Uses for Active Frontage, and the area shall be used as a 12-foot-wide sidewalk over at least 80 percent of the frontage.
iii. In no case shall the passable sidewalk width be less than 8 feet without approval of an Administrative Use Permit and revocable license as allowed under Municipal Code Section 24.12.192 for Outdoor Extension Areas, in which case the passable sidewalk width shall not be less than 6 feet.
Figure 11: Corridor Frontage
E. Ground Floor Design
Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
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1. In the C-C, R-T, C-T, C-N, C-B, and all MU districts, commercial ground-floors shall be designed as follows:
i. Minimum ground floor frontage transparency of 70 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade. ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included. a. In a commercial space, any mezzanine shall be set back at least 30 feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.
iii. Entries shall be inset from the building face at least 2 feet.
2. In the C-C, R-T, C-T, C-N, and C-B zones where residential development is allowed, ground floor residential units shall not occupy more than 50 percent of a public frontage. Residential units on the ground floor may be designed as Live-Work units or may be exclusively residential units.
3. Any Live-Work units shall be designed as follows:
i. Live-Work units are only permitted on the ground floor. ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included. a. In a Live-Work unit any mezzanine shall be set back at least 18 feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.
iii. Minimum ground floor depth of 18 feet.
iv. Minimum unit/storefront width of 12 feet.
v. Minimum ground floor frontage transparency of 50 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade. vi. Entries shall be inset from the building face at least 2 feet.
4. In in the C-C, R-T, C-T, C-N, and C-B zones where residential units other than Live-Work units are located at the ground floor, the following standards shall apply:
i. Where units are individually accessed, the entry must be set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 12. a. This may be a setback of the ground floor only, or a setback of the entire building face.
b. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.
c. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:
● An increase in elevation of at least 2 feet;
● A railing or gate;
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● Clustered landscaping, as in a hedge or other dense planting, not exceeding 42 inches in height.
Figure 12: Ground Floor Residential Entry Setback
ii. Where a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least 4 feet from the sidewalk; this setback may be reduced to 2 feet if the unit is elevated at least 2 feet above the sidewalk. See Figure 13. a. This may be a setback of the ground floor only, or of the entire building face.
b. This setback area should incorporate landscaping or planters.
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Figure 13: Ground Floor Residential – Without Individual Access F. Architectural Detail
Goal: To highlight the prominence of corner buildings along Corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.
1. Buildings that are mixed-use and/or three
stories in height or greater shall visually
differentiate the ground floor from the
floors above by one or more of the
following:
i. a change in material; and/or
ii. a change in plane; and/or
iii. a cornice line, belly band, or similar
horizontal element.
2. Buildings at the intersection of a Corridor and another street (including another Corridor) shall implement at least one of the following corner features:
i. Increased height of the corner roofline of at least 3 feet above the adjacent roofline; and/or
ii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner.
See Figure 14. This may be at the ground floor only, or for the entire height of the building; and/or
Word on the Street
Survey Results
When asked “what is most important
for a new building on a commercial
corridor to include, even if it increases
housing costs” the most common
response was architectural detail.
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Figure 14: Chamfered Corner
iii. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk.
Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 15.
Figure 15: Public Open Space at Corner
3. Buildings in the C-C, R-T, C-T, C-N, C-B, and MU zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.:
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i. Category 1 - Terrace, balcony, or Juliette balcony with a minimum projection of 10 inches and a minimum width of 3 feet (at least one per level; see also Neighborhood Transition).
ii. Category 2 - Windows detailed with a lintel, sill, or arch iii. Category 3 - Awnings, louvers, or shutters
iv. Category 4 - Decorative cornice or decorative lighting sconces (see also Standard II.H Lighting, below)
4. Windows shall be inset such that there is at least 2 inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to 3 inches for buildings that include 4 or more stories, for all windows above the ground floor.
5. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of 15 feet.
G. Building Materials
Goal: To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment.
1. Building materials shall be selected according to the following criteria:
i. The following materials are acceptable for use on building faces: tile, brick, glass, metal , painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined). ii. Unarticulated or flat panelized materials (such as cement board panels, metal, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces. Panels for modular
and pre-fabricated construction are
allowed (including sandwich
panels).
iii. Any materials that are not explicitly
listed here require an administrative
design review permit to ensure that
approved materials conform to the
goal of this section.
2. Buildings shall incorporate two or more of
the accepted materials listed above or as
approved in the design of each building
face. No single material may make up
more than 85 percent of any building face.
This can include materials for building
decoration (e.g., awnings, louvers, balconies, cornice lines, or windowsills), but does not include fenestration (glass, frames, or other elements of windows and doors).
3. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane Word on the Street
Survey Results
High-quality materials and material
application were among the most
frequently mentioned ideas in surveytakers’ free responses.
Focus Group Feedback
(Responding to images of different
buildings) “[I] especially [liked] the
building material. I like the brick and
whatever it is above it, wood or metal. I
like that change [in materials].”
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that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 16.
4. Living walls shall meet the following standards:
i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
ii. The living wall shall not be located on a north, or north-east-facing building face. iii. The living wall shall include an integrated irrigation system. iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO. vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.
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Figure 16: Material Application
H. Lighting
Goal: To ensure that public areas of buildings are lit for wayfinding and safety, while minimizing impacts of glare, light trespass, and light pollution in order to help make new development Dark Sky friendly.
1. Individual exterior luminaires shall be
shielded to direct light downward and
shall not exceed 1,260 lumens. Exterior
light fixtures shall utilize light sources with
a color temperature that does not exceed
3000 Kelvin.
i. A luminaire is considered to be fully
shielded if it is constructed and
installed in such a manner that all
light emitted by the luminaire, either
directly from the lamp or a diffusing
element, or indirectly by reflection
or refraction from any part of the
luminaire, is projected below the
horizontal plane through the
luminaire's lowest light-emitting
part.
Word on the Street
Several community members provided
suggestions to clarify and refine the
lighting standards. One resident’s
email:
“Good civic design should require that
the building entrance(s) should be the
main visual event, helping people
orient and pay most attention to safety
at important transitional zones.
Everywhere else should be visually
secondary. Humans perceive
brightness (luminance) on a log scale,
so 3:1 ratio means other surfaces will
appear about half as bright.”
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2. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motiondetecting lights).
3. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas.
4. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.
5. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any R-district.
6. The height of luminaires shall not exceed 15 feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under F. 3. Architectural Detail.
7. Building faces shall be illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.
III. Definitions
Active Uses
Uses that qualify as Uses for Active Frontage are defined in each zone district where site design requires active frontage.
Buffer Landscaping
Landscaping that can be expected to be at least 50 percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of 2 feet or less.
Corridors
Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this document, these roadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.
Live-Work
Live-work is a type of Residential use that also incorporates commercial uses. The commercial uses allowed in a Live-Work unit are dictated by the uses allowed in the underlying zoning district.
Living Wall
A Living Wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.
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Predominant Building Face
Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 17.
Figure 17: Predominant Building Face
Public Frontage
A frontage that faces a street, public right of way, publicly accessible pedestrian path, or public open space, such as a river levee.
Shielded Luminaire
A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part. (Credit: “Model Lighting Ordinance,” Illuminating Engineering Society and International Dark Sky Association, June 2011.)
Stacked Flats
A multi-family building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 18.
Figure 18: Stacked Flats
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Townhomes
For the purposes of interpreting this section only, a townhome is a multi-family building type that consists of side-by-side units, each standing on a discreet area of land, which may or may not be a separate legal lot, with parking on the ground floor within the building envelope. This definition shall not apply beyond this section of the Municipal Code, and does not supersede the Definition of Dwelling, Townhouse in Section 24.22.318 See Figure 19.
Figure 19: Townhomes
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1 UNDERGROUND UTILITY DISTRICTS*
* Editor’s Note: As originally adopted, this chapter was designated as Chapter 12.44. It was renumbered to be Chapter 12.60 at the direction of the city clerk at the time of the 1995 republication.
Sections:
12.60.010 Definitions.
12.60.020 Council may designate underground utility districts by resolution.
12.60.030 Overhead wires – Unlawful to maintain poles.
12.60.040 Overhead wires – Exception by special permission.
12.60.050 Exceptions.
12.60.060 Overhead wires – Notification of affected property owners and utilities.
12.60.070 Overhead wires – Underground construction.
12.60.080 Overhead wires – Property owner’s responsibility.
12.60.090 Service of notice.
12.60.100 Contents of notice.
12.60.110 Performance of work by city – Assessment.
12.60.120 Notice of assessment.
12.60.130 Hearing and confirmation of assessment.
12.60.140 Assessment as lien.
12.60.150 Overhead wires – Obligation of city.
12.60.160 Overhead wires – Force majeure.
12.60.010 DEFINITIONS.
Whenever in this chapter or in chapter 24.12.700 the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
(1) “City” means the city of Santa Cruz, a municipal corporation of the state of California.
(2) “Commission” means the Public Utilities Commission of the state of California. (3) “Communications Service” means any service offering a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications most typically via subatomic particles or the electromagnetic spectrum, including but not explicitly, those under jurisdiction of the Federal Communications Commission such as cable, cellular, telephone, radio, fiber-optic, or internet.
(43) “Council” means the city council of the city.
(5) “Dark Conduit” means unused or empty conduit and any associated infrastructure, such as but not exclusively, junction boxes, termini, and access panels, for the installation
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2 or expansion of electrical or communications services and lines by others or at a future date, all as specified by Public Works.
(64) “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of Section 12.60.020. (75) “Person” means and includes individuals, firms, corporations, copartnerships, and their agents and employees.
(86) “Poles and overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.
(97) “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. NS 602, 1964: prior code § 7910).
12.60.040 OVERHEAD WIRES – EXCEPTION BY SPECIAL PERMISSION.
The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.
The City Engineer, may also grant special permission for a period not to exceed three (3) years, on such terms as the Department may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate temporary poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.
(Ord. NS 602, 1964: prior code § 7912.1).
6.12.050 STORAGE OF RECEPTACLES
Containers or receptacles must be stored in a manner which facilitates a safe and sanitary condition and which does not impose a barrier to efficient and physically safe collection by city collection crews as determined by the director of public works. All receptacles or containers
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3 shall be stored in a manner as to prevent their contents from being scattered or carried by wind or water in a fashion which causes the accumulation of litter or an unsightly, unsafe or unsanitary condition to exist.
All containers or receptacles containing acceptable wastes or recyclables produced by any commercial or industrial establishment shall be placed for collection at a convenient and accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.
Development permit applications for all industrial, institutional, commercial, professional office and residential developments having more than two units in each structure shall be reviewed by the director of public works to assure that sufficient space is provided in accordance with this section.
In all cases of dispute or complaints concerning the place where refuse or receptacles shall be placed while awaiting the removal of their contents and the same is not specifically fixed by this chapter, the director of public works shall forthwith designate the place and such decision shall be final.
Refuse Container Storage Facility Design Standards – Refuse container enclosures are required of all new multi-family and mixed-use residential projects with 3 or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Design Standards that are current at the time of design review available from the Public Works Department.
15.15 PUBLIC REALM DESIGN FOR MULTI-FAMILY AND MIXED USE RESIDENTIAL PROJECTS. The purpose of this regulation is to establish objective standards for development of multi-family and mixed use residential projects to maintain and enhance the desirable character of neighborhoods, to lessen traffic congestion, to facilitate adequate transportation facilities, and to promote the health, safety and welfare of the community in accordance with the Santa Cruz General Plan.
Sections:
15.15.010 Transportation Study Requirements
15.15.015 Traffic Control Devices
15.15.020 Bicycle Facilities
15.15.025 Sidewalk Facilities
15.15.030 Transit Facilities
15.15.035 Streetlights
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4 15.15.010 TRANSPORTATION STUDY REQUIREMENTS - Projects shall develop a Transportation Study if existing pedestrian, bicycle, or transit circulation will be disrupted or if the project is estimated to generate 50 or more vehicle trips during the P.M. peak hour. The Transportation Study will determine the extent of the impact of the new development or redevelopment on the city transportation infrastructure and the associated requirements for project development. Transportation Study requirements are set forth in the City of Santa Cruz Public Works Transportation Study Requirements for Developers document that are current at the time of design review and available from the Public Works Department.
15.15.015 Traffic Control Devices – Projects shall be required to install traffic control devices based on the results of the Transportation Study. Installation of traffic control devices (such as traffic signals, lane markings, signage) shall be installed in accordance with the traffic engineering and safety standards set forth in the California Manual on Uniform Traffic Control Devices and consistent with Area Plans and NACTO Urban Street Design Guide.
15.15.020 Bicycle Facilities – Projects shall be required to install bicycle facilities based on the results of the Transportation Study and consistent with the City of Santa Cruz Active Transportation Plan. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).
15.15.025 Sidewalk Facilities –
• Existing public connections:
In all areas of the city, where a project site includes or is adjacent to an existing public street, alley, path, staircase, or pedestrian way, this public connection will be maintained or relocated within or adjacent to the project site. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060. i. Decorative sidewalks may be required based on the Area Plans. ii. Installation of sidewalks will be based on the Curb, Gutter, and Sidewalk standard details that are current at the time of design review and available from the Public Works Department.
iii. The total number of connections through the site shall not be reduced.
• New public connections:
i. Projects shall be required to install new sidewalks along the frontage in accordance with the Area Plans. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060.
ii. Decorative sidewalks may be required based on the Area Plans. iii. Installation of sidewalks will be based on the Curb, Gutter, and
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5 Sidewalk standard details that are current at the time of design review and available from the Public Works Department.
15.15.030 Transit Facilities – Residential projects of 5 or more units, and commercial/office projects greater than 10,000 square feet that are proposed for a parcel that has an existing METRO bus stop located on its street frontage and include work within the street right-of-way (e.g. sidewalk construction; curb cut addition or relocation) shall be required to upgrade the bus stop to full ADA compliance, including a 5’ x 8’ boarding and alighting area and an accessible route to/from the bus stop. Projects shall be required to install new transit facilities, either on the project’s street frontage, or within 300 feet of the property line, when the City identifies transit as a mitigation measure for significant impacts identified by the Transportation Study. Transit facilities will be installed in accordance with Santa Cruz Metropolitan Transit District (METRO) design standards that are current at the time of design review available from METRO.
15.15.035 Streetlights - Projects (with exception of ADUs) shall be required to install or replace streetlights based on the following:
• A development of 3 or more housing units on one lot shall require the installation of a City Standard street light(s).
• A development of 3 or more housing units on multiple lots shall require the installation of a City Standard street light(s).
• Any new commercial development shall require the installation of a City Standard street light(s).
• Installation or replacement of streetlights will be based on the City of Santa Cruz streetlight standard detail (Electrolier or Decorative Streetlight) current at the time of design review and available from the Public Works Department and consistent with the Area Plans.
• Coordination with PG&E is the applicant’s responsibility. The type of streetlight the city requires will be a standard Electrolier (Type 1) unless a decorative streetlight is specified in the Area Plans or matches existing City streetlights in the area.
15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed thirty feet, including the wings or returns, the measurement being made at the curbline.
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6 (b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street. (c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the Area Plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed use residential projects with 3 or more residential units or any commercial development– Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – 8 feet minimum Ocean – Soquel Ave to Water St – 15 feet minimum
Ocean - Water St to Pryce St/Plymouth St – 12 feet minimum Mission St –Community Commercial District as defined in the Mission Street Urban Design Plan (Swift St to just east of Laurel St) – 12 feet minimum Mission St – Professional and Administrative District (just east of Laurel St to Chestnut St Ext.) – 8 feet minimum
Soquel Ave – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Ave to Morrissey Blvd ) – 10 feet minimum
Soquel Ave – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Blvd to Poplar Ave) – 10 feet minimum
Soquel Ave – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Ave to Branciforte Ave) – 10 feet minimum
Soquel Ave - (Ocean St to Branciforte Ave) – 8 feet minimum Soquel Ave - (Dakota Ave to Ocean St) – 10 feet minimum Water St – Front St to River St – 12 feet minimum
Water St – River St to Ocean St – 8 feet minimum
Water St - Ocean St to Branciforte Ave – 8 feet minimum Water St - Branciforte Ave to Soquel Ave – 10 feet minimum Other Arterials and Collectors
Branciforte Drive - Broadway Ave to Soquel Ave – 8 feet minimum Branciforte Drive - Soquel Ave to Water St – 8 feet minimum Branciforte Drive - north of Water St – 8 feet minimum
Morrissey Blvd from Soquel Ave to Fairmount Ave – 8 feet minimum Broadway Ave – San Lorenzo Blvd to Ocean View Ave – 8 feet minimum Broadway Ave –Ocean View Ave to Frederick St – 8 feet minimum Seabright Ave – Murray Ave to Logan St – 8 feet minimum Seabright Ave – Logan St to Gault St – 8 feet minimum
Seabright Ave – Gault Ave to Soquel Ave – 8 feet minimum Front St – Pacific Ave to Laurel St – 8 feet minimum
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7 Front St –Laurel St to Water St – 10 feet minimum
Laurel St – River St to Chestnut Ave – 10 feet minimum
Laurel St – Chestnut Ave to Mission St – 8 feet minimum Cedar St – Laurel St to Center St – 10 feet
Bay St – West Cliff to Mission St – 8 feet minimum
Bay Drive – Mission St to High St – 8 feet minimum
Delaware Ave – Bay Ave to Swift St – 8 feet minimum
Delaware Ave – Swift St to Shaffer Rd – 8 feet minimum
All Other Roadways
Unless specified in an Area Plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with 3 or more residential units or any commercial development shall be a minimum of 8 feet.
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Ocean
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Residential Zoning
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R-1 Single-Family Residence
R-L Multiple Residence - Low Density
R-M Multiple Residence - Medium Density
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R-S Residential Suburban
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Assessors Parcels
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Mixed Use General Plan Designations
Commercial Zones
C-B Beach Commercial
C-C Community Commercial
C-N Neighborhood Commercial
C-T Thoroughfare Commercial
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13.30.010 Short title.
13.30.020 Purpose.
13.30.030 Definitions.
13.30.040 Parks and recreation director – Powers and duties.
13.30.050 Parks and recreation commission – Powers and duties.
13.30.060 Property owner maintenance responsibilities – Duties and liabilities.
13.30.065 Harming Damaging street trees forbidden.
13.30.067 House moving.
13.30.070 Duties of public utilities.
13.30.080 Master Approved street tree list.
13.30.090 Master Street tree planting plan.
13.30.100 Permits required.
13.30.110 Prohibited vegetation – Nuisance.
13.30.120 Abatement of public nuisances.
13.30.130 Charges against property owners or other persons pursuant to this chapter.
13.30.130 Recovery of damages for loss of street trees.
13.30.140 Infraction.
13.30.150 Legal Remedies/Penalties and Fines.
13.30.160 Right of appeal.
13.30.170 Where to file appeal.
13.30.180 Procedure for appeals.
13.30.190 Stay, pending appeal.
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13.30.200 Hearing on appeal.
13.30.210 Liability.
13.30.220 House moving.
13.30.220 Severability.
13.30.010 SHORT TITLE.
This chapter shall be known as the “Street Tree and Nuisance Vegetation Ordinance of the City of Santa Cruz.”
(Ord. 85-29 § 2 (part), 1985).
13.30.020 PURPOSE.
The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this Street Tree and Nuisance Vegetation Ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of street trees and other vegetation within the city of Santa Cruz. For any heritage trees, the provisions of this chapter 13.30 shall be applied in addition to the provisions of chapter 9.56 of the Municipal Code. For any street trees that are also heritage trees, the provisions of chapter 9.56 shall be applied in addition to the provisions of this chapter 13.30. (Ord. 85-29 § 2 (part), 1985).
13.30.030 DEFINITIONS.
For the purposes of this chapter, the following words have the meaning given in this section:
(a) “Approved Street Tree List” means a list prepared and maintained by the Parks & Recreation Department of the city of Santa Cruz of tree species approved for use in the city’s public right-of-way.
(b) “Clear Vision Area” means the twenty-five foot triangle of property at the intersection of any streets improved for vehicular traffic as diagrammed below.
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(c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any street tree or vegetation, any trenching or excavating near any street tree or vegetation, or any action which may cause death, destruction or injury to any street tree or vegetation, or which places any street tree or vegetation in a hazardous condition or in an irreversible state of decline.
(d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.
(e) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.
(f) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.
(g) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk.
(h) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(i) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.
(j) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.
(k) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
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(l) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010 of the Municipal Code. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210. (m) “State Tree Care License” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.
(n) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.
(o) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.
(p) “Street Tree Planting Details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted.
(q) “Traffic Diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.
(r) “Tree Sidewalk Program Policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the Parks and Recreation Street Tree Sidewalk Program. (s) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.
(Ord. 85-29 § 2 (part), 1985).
13.30.040 PARKS AND RECREATION DIRECTOR – POWERS AND DUTIES. (a) The director of parks and recreation shall be responsible for administering and enforcing this chapter. The director of parks and recreation shall have the following powers and duties in addition to those created elsewhere in this chapter:
(1) Issue permits pursuant to Section 13.30.100;
(2) Maintain the city’s Approved Street Tree List a list of street trees approved by the parks and recreation commission;
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(3) Abate public nuisances as hereinafter provided, and in an emergency situation to protect public health, safety, and welfare; (4) Order removal of dead or diseased street trees on private property or within the public right-of-way when found to pose a threat to public safety, property or other trees in the vicinity.
(b) The director shall have the power to perform the following services to aid landowners with compliance of any maintenance obligations in maintaining parkways as required by this code chapter and, in his or her discretion, take any measures necessary to prevent or eliminate hazards when said maintenance has not been performed:
(1) Provide technical assistance and information to assist landowners in maintaining street trees;
(2) Inspect and maintain street trees and make recommendations regarding street trees to City staff and the public;
(3) Assist in the maintenance, removal and replacement of street trees in the public right-of-way on public property;
(4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use; (5) Require street tree planting and replacement, inspection, trim, prune, pruning, root pruning, spraying, replace or otherwise maintain maintenance of any street tree planted on public property pursuant to the requirements of this chapter. within the city of Santa Cruz.
(6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or street public right-of-way. (c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, and/or street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as required in the city’s Municipal Code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, and/or street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4 of the Municipal Code.
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(Ord. 94-61 § 1, 1995: Ord. 85-29 § 2 (part), 1985).
13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.
The parks and recreation commission shall have the following powers and duties:
(a) Hear appeals pursuant to Section 13.30.170 and 13.30.180, from persons aggrieved by any decision of the director of parks and recreation taken under the provisions of this chapter.
(b) Make recommendations to the city council concerning policies, programs and decisions relating to street trees.
(Ord. 85-29 § 2 (part), 1985).
13.30.060 PROPERTY OWNER MAINTENANCE RESPONSIBILITIES – DUTIES AND LIABILITIES.
(a) An adjacent property owner shall be responsible for the maintenance (as further described in subsection (b) below) of all street trees and other vegetation located on adjacent parkways and in adjacent sidewalk areas per Section 15.20.210 (including but not limited to street trees or other vegetation contained in planters located on adjacent parkways and in traffic diverters adjacent to parkways). The adjacent property owner shall also be responsible for the maintenance of all street trees and other vegetation causing or threatening damage to or obstructing sidewalk areas as specified by Section
15.20.210 and 15.20.220. All duties, obligations and liabilities of property owners specified by Sections 15.20.210 and 15.20.220 of this code apply to maintenance of parkways and street trees. Specifically, a property owner obligated by Section
15.20.210 to maintain a sidewalk area must prune and trim all trees, tree roots, shrubs, hedges and ground cover, and weed, clear and otherwise maintain all included parkways so as to make the area safe and convenient for public use. A property owner who fails to so maintain a street tree or a parkway adjoining his property is liable under Section 15.20.220 of this code for any injury or damage suffered by a member of the public which is caused by said failure.
Maintenance of parkways, as required by this section, includes maintenance of all trees and other vegetation contained in planters located on parkways and in traffic diverters adjacent to parkways.
(b) Maintenance required under this Section 13.30.060 Section 15.20.210 of this code shall include, but not be limited to the following acts:
(1) Watering as necessary;
(2) Removing any material which would be harmful injurious to street trees, such as wire, rope, and signs;
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(3) Notifying the director of any diseased street tree or hazard posed by to street trees or vegetation;
(4) Maintaining street trees or vegetation so that there is adequate vertical pedestrian clearance from the top of the sidewalk and adequate vertical vehicular clearance from the top of the curb, to any part of a street tree; (5) Pest control and fertilizing, as needed;
(6) Pruning and trimming street trees, shrubs and other vegetation to allow for adequate visibility of and clearance of street signs, traffic-control devices, utility lines and other stationary equipment;
(7) Pruning any street trees, street tree roots, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way; (8) Pruning any trimming street trees, and shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director for their well being so as to avoid any damage to public health, safety and welfare, to standards set by the city; (9) Planting and replacing street trees pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in Section 13.30.090. (c) Before any street tree is planted, pruned, trimmed root pruned, removed, or replaced under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite. (d) All maintenance activities on street trees contemplated by this section shall be performed in conformity with guidelines, standards and recommendations of the department:
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of planting, replacement, or any other maintenance responsibilities or requirements provided in this Section 13.30.060, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, replacement, or other maintenance.
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In order to enforce maintenance of street trees and parkways under this chapter, all relevant provisions and procedures delineated in Section 15.20.210 of this code and Chapter 22 of Division 7, Part 3, of the Streets and Highways Code and related provisions will be applied.
(Ord. 94-61 § 2, 1995: Ord. 85-29 § 2 (part), 1985).
13.30.065 HARMING DAMAGING STREET TREES FORBIDDEN.
No person shall injure damage, or allow to exist any condition, which may damage, any street tree, including but not limited to the following:
(a) Cutting Pruning a street tree to expose business signs or buildings or for any other purpose except as provided otherwise permitted herein;
(b) Exposing the street tree to deleterious materials and substances; (c) Allowing fire to burn so near a street tree as to cause damage to a street tree or that may be detrimental to the health of the street tree; (d) Allowing wires to constrict any part of a street tree; (e) Constructing, altering, or repairing a sidewalk or structure other improvement in a manner which may be detrimental to the health of injurious to a street tree; (f) Disfiguring a street tree by any means of physical injury or graffiti; (g) Nailing or tacking a sign, poster, or similar device into a street tree; (h) Driving stakes into the street tree for any purpose other than supporting the street tree.
(Ord. 94-61 § 3, 1995).
13.30.067 HOUSE MOVING.
Where a structure is to be moved over a route which may entail damage to street trees, the city may require the person moving the structure to post a bond or other security to cover the cost of anticipated damage to street trees.
(Ord. 85-29 § 2 (part), 1985).
13.30.070 DUTIES OF PUBLIC UTILITIES.
It shall be the duty and responsibility of any public utility installing or maintaining any overhead wire or underground pipes or conduit in the vicinity of a parkway strip, to obtain permission from the director before performing any maintenance on said wires, pipes or conduits, which would cause injury to street trees. Such public utilities shall in
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no way injure, cut roots, deface, prune, or scar any street tree until their plans and procedures have been approved by the director.
(Ord. 85-29 § 2 (part), 1985).
13.30.080 MASTER APPROVED STREET TREE LIST.
(a) The director of parks and recreation shall prepare and maintain the Approved Street Tree master street tree List enumerating the species of shade and ornamental trees permitted to be planted on public property in the public right-of-way. The master street tree list shall be submitted to the parks and recreation commission which shall make a final recommendation to the city council. When approved by the city council Any amendments to the Approved Street Tree List shall be presented to the parks and recreation commission for discussion, with a final recommendation to the Director. The Approved Street Tree master street tree List shall be made available to the public through the department of parks and recreation. The master street tree list shall be reviewed annually by the director and the parks and recreation commission. (b) Newly planted sStreet trees planted in a public right-of-way must comply with the master Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list. (c) All street trees shall conform with any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (Ord. 85-29 § 2 (part), 1985).
13.30.090 PLANTING STREET TREES MASTER STREE TREE PLANTING PLAN. (a) The director shall prepare a master Street Tree Master planting Plan for the city, which shall include but not be limited to, an inventory of street trees in the public rightof-way, as well as any city goals for managing existing street trees and planting future street trees. This plan shall identify tree species and areas within the city appropriate for their use. The plan shall be submitted to the parks and recreation commission for recommendation to the city council. When approved by the city council, the plan shall be made available to the public through the parks and recreation department and the department of planning and community development.
(b) Objective Standards for Planting Street Trees. The following objective standards shall apply to the planting of any street trees:
(1) Any street trees installed shall be a minimum container size #15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock.
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(2) Tree species shall be selected from the Approved Street Tree List, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list. (3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (4) The property owner shall check for the presence of utilities in the area of a proposed plantings and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.
(Ord. 85-29 § 2 (part), 1985).
13.30.100 PERMITS REQUIRED.
(a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any street tree on any parkway or right-ofway. (1) The application required herein in this subsection (a) shall state the number of trees to be planted or set out the location, grade size, and variety of each tree, the method of planting, and such other information as the director may require. (2) The director shall may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood.
(b) Permit for Trimming Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to No person shall root prune, transplant or remove any tree on public property or within the city public right-of-way without first filing an application and procuring a permit to do so from the director. A permit shall also be obtained from the director by any person proposing to No person shall prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree on public property or within the city public right-of-way, without first filing an application and procuring a permit to do so from the director.
(1) The application required herein in this subsection (b) shall state the number of trees affected, the location, grade size and variety of each tree, the work proposed, and such further information as the director may require. (2) The director shall may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter or, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning trimming is found to be consistent with the purposes of this chapter. The Formatted: Not Highlight
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director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree. i. In circumstances where replacement of the removed street tree is not feasible due to conflicts with planned or existing public infrastructure, including other street trees, or existing private infrastructure, the director may authorize the payment of an in lieu fee. This fee shall be determined any applicable Council resolution, or, where no such resolution applies, shall be determined by an administrative official based upon the current retail cost of purchasing, installing, and maintaining until establishment a tree of comparable size or a tree appraisal conducted in accordance with current tree appraisal methods as published by the International Society of Arboriculture.
(c) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify. (d) The permit requirement proposed by this section may not apply to street tree planting or removal associated with development projects that are reviewed by another City of Santa Cruz advisory body or city department, which includes a public hearing process, under Title 24 pursuant to applicable state or federal law, that include a public hearing process, and to which the relevant advisory body or city department has applied the standards of this Chapter 13.30 in consultation with the city’s urban forester is not satisfied by approval of other city departments, or under city contracts. (e) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated. (f) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.
(Ord. 2013-19 § 1, 2013; Ord. 94-61 § 4, 1995: Ord. 85-29 § 2 (part), 1985).
13.30.105 STATE TREE CARE LICENSE REQUIRED.
(a) Except as set forth in subsection (b) of this section, and in addition to any permit required pursuant to Section 13.30.100 above, a valid State Tree Care License issued by the State of California shall be obtained by any person proposing to perform any pruning, maintenance, care or removal of any street tree for hire within the city limits of the city of Santa Cruz.
(b) Any person who is the property owner adjacent to the street tree needing pruning, maintenance, care, or removal shall be exempted from the requirements of this section requiring a State Tree Care License if said property owner intends to personally Formatted: Font: (Default) Arial, 12 pt
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perform, and subsequently does personally perform, himself or herself said needed pruning, maintenance, care or removal of said street tree. Said owner shall comply with all other provisions of this chapter.
13.30.110 PROHIBITED VEGETATION – NUISANCE.
No person shall allow to exist any of the following, on property either owned by that person or property for which the person is responsible, as specified by Chapters 13.30 and 15.20 of this code, any nuisance condition, including but not limited to the following:
(a) Any tree, or shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement;
(b) Within the a ClearClean Vision Area, any tree limb, shrub, or plant reaching a height more than thirty inches above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feet above curb grade; (c) Vines or climbing plants vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, dead or infected with disease, pests, objectionable insects, scales, fungus or growth injurious to plant material, or dead;
(e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges, or dense thorny trees, shrubs, vegetation, and plants on any street or part thereof interfering with any street improvements or sidewalk areas within the public right-of-way.
(g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare as determined by the director. (Ord. 2007-01 § 1, 2007: Ord. 85-29 § 2 (part), 1985).
13.30.120 ABATEMENT OF PUBLIC NUISANCES.
(a) When any public nuisance as defined herein exists, the owner or occupant shall be served with an abatement notice in accordance with Title 4 and Section 4.03.010 of this code, describing the condition, stating the work necessary to correct remove the condition, and the time within which such work must be completed. Such time for compliance shall not exceed ninety days after the date of service of said notice. The Formatted: Not Highlight
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notice shall also state that the required work will be performed by the city forces or by others under the city’s supervision of the director if it has not been performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city. within 60 days. Any failure to pay the city for the cost incurred by the city may also constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and their enforcement in this chapter. (b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-of-way. Notice to the property owner or occupant shall be served within a reasonable time from the emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.
(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.
(Ord. 2007-01 § 2, 2007: Ord. 85-29 § 2 (part), 1985).
13.30.130 CHARGES AGAINST PROPERTY OWNERS OR OTHER PERSONS PURSUANT TO THIS CHAPTER.
The cost of the abatement of any public nuisance sought to be charged against the owner of the adjacent private property in accordance with the terms of this chapter may be assessed by the city council against the parcel of private property owned by such person as follows:
(a) A notice and order of proposed assessment of charges against such person for failure to comply with said order this chapter shall be served personally upon said property owner stating:
(1) The date of the order affecting such person and requiring compliance with the terms of this chapter;
(2) Notice of the failure of the owner to complete the work, as specified by the order, within the time therein specified;
(3) The dates of performance of the work as specified by the order, by the city of Santa Cruz or such persons or contractors as it may retain to undertake the work; (4) The charge incurred by the city of Santa Cruz for performance in accordance with said order;
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(5) The date and place of hearing of the report of the director before the city council requesting a resolution of the city council authorizing the city clerk to prepare, execute and file a lien against the real property owned by such person in the office of the recorder of Santa Cruz County.
(b) On the date and hour specified in said notice, the city council shall review the report of the director and authorize the preparation, execution and filing of a notice of lien, as provided in this chapter, for all or such portion of the charges reported by the director for the compliance with the order.
(c) The notice of lien shall be filed in the office of the county recorder for Santa Cruz County and shall be in the form of a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority of Chapter 13.30 of the Santa Cruz Municipal Code, and as duly authorized by the City Council of the City of Santa Cruz on the _____ day of _________, 19 ___, by Resolution No. __________, the City of Santa Cruz does hereby claim a lien upon the property hereinafter described for the charges duly assessed by the Council of the City of Santa Cruz as the cost incurred by the City of Santa Cruz for ________ pursuant to order of the Director of Parks and Recreation for the City of Santa Cruz dated ____________, the same has not been paid nor any part thereof, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 10% per annum, from the day of ________, 19__, (insert date of confirmation of assessment by City Council), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Santa Cruz, County of Santa Cruz, State of California, and more particularly described as follows:
(Legal description of the property, either by metes and bounds or by subdivision number. Assessor’s parcel number cannot be used for this type of lien.) (Ord. 85-29 § 2 (part), 1985).
13.30.130 RECOVERY OF DAMAGES FOR LOSS OF STREET TREES.
Any person who damages or destroys a street tree on public property is liable to the city for the any costs of the tree’s repair or replacement related to the repair or replacement of such street tree. Recovery of monetary damages and/or replacement of trees and shrubs shall be in accordance with the current plant appriasal forumla prepared by the International Society of Arboriculture.
(a) The director shall determine if and when replacement of a street tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List.
(b) For heritage trees with a 14” diameter or larger as defined in chapter 9.56, monetary damages may be assessed as specified by the director which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture.
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(a) Replacement value up to eight-inch trunk caliper size shall be based upon the current retail price of a comparable tree up to eight-inch trunk caliper measured at four and one-half feet from the top of the container soil level or the existing soil grade at the site of a damaged tree. Replacement value shall include the cost of replanting or removing a tree.
(b) Replacement trees shall be chosen in accordance with the master street tree planting plan or a species selected by the director.
(c) For trees larger than eight inches in trunk caliper, the monetary value shall be determined on the basis of the current value per square inch of the tree trunk crosssection measured at four and one-half feet above grade in accordance with the formula prepared by the International Society of Arboriculture. (d) A twenty-percent deduction may be applied to any tree found by the director to be in poor condition prior to its damage or destruction.
(e) When injury has occurred during work on any structure, collision with any motor vehicle, an act of vandalism, or house moving, the responsible party shall not be released from liability until the director has determined that the tree(s) has fully recovered.
(Ord. 85-29 § 2 (part), 1985).
13.30.140 INFRACTION.
Any person who violates the provisions of Section 13.30.100 shall be guilty of an infraction punishable by a fine of not less than one five hundred dollars for a first offense and in doubling increments for each successive offense, or as otherwise in accordance with a fee schedule adopted by the city council, a decision of an enforcement official, or administrative hearing officer, or by a state statute. Each such person is guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punished accordingly. (Ord. 85-29 § 2 (part), 1985).
13.30.150 LEGAL REMEDIES/PENALTIES AND FINES
(a) Remedies. The city may enforce the provisions of this chapter through all available administrative remedies, including as set forth in Title 4, and as otherwise expressly stated in this chapter.
(b) Civil Penalties and Fines. Any violation of this chapter may also be subject to administrative civil penalties and fines in accordance with a fee schedule adopted by the city council, a decision of an enforcement official or administrative hearing officer, or by a state statute.
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(c) Recovery of Costs. The city may seek recovery from the property owner of all costs of enforcing this chapter, including but not limited to monitoring, inspection, emergency response, correction, repair, hearing and appeal fees, legal fees and costs. (d) Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.
(e) Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive. Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the administrative enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.
13.30.160 RIGHT OF APPEAL.
Any person who considers an action taken under the provision of this chapter by any official or advisory body to have been improper, may appeal such action or decision. (Ord. 85-29 § 2 (part), 1985).
13.30.170 WHERE TO FILE APPEAL.
(a) Appeals from the decision of the director, or any other administrative office in taking any actions authorized by this chapter shall be made to the city parks and recreation commission pursuant to the procedures provided in Section 13.30.180 below. (b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. through the city clerk All such appeals shall be made pursuant to chapter 1.16 of this code. The city council’s decision shall be final.
(Ord. 85-29 § 2 (part), 1985).
13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.
(a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. and The appellant shall state the nature of the application and the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision. upon which the decision of the official or body is considered to be in error. (b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission or by the city clerk not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.
(Ord. 85-29 § 2 (part), 1985).
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13.30.190 STAY, PENDING APPEAL.
The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the parks and recreation commission or of the city council on such appeal.
(Ord. 85-29 § 2 (part), 1985).
13.30.200 HEARING ON APPEAL.
(a) Upon receipt of the appeal, the secretary to the parks and recreation commission shall schedule the a Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings.
Appeals for consideration by the city council shall be scheduled pursuant to chapter
1.16 by the city clerk at the earliest next regular meeting consistent with city council agenda preparation and meeting schedules.
(b) Unless otherwise required in this chapter, neither the parks and recreation commission, nor the city council need hold public hearings in considering matters on appeal.
(b) The parks and recreation commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision.
(c) The parks and recreation commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief.
(d) The decision of the parks and recreation commission shall be final unless appealed to the city council by the appellant under chapter 1.16. (Ord. 85-29 § 2 (part), 1985).
13.30.210 LIABILITY.
Nothing in this chapter shall be deemed to impose any liability upon the city of Santa Cruz, or any of its officers, agents, or employees, nor to relieve the property owner or occupant of any private property from the duty to keep their private property, sidewalks, and parkway strip on such private property in a safe condition so as not to be hazardous to public use.
(Ord. 85-29 § 2 (part), 1985).
13.30.220 SEVERABILITY.
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Should any section, subpart, clause, provision or any part of this chapter be declared by a court of competent jurisdiction to be unconstitutional, beyond the authority of the city or otherwise invalid, such decision shall not affect the validity of the remaining portion or portions of the chapter.
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Suggested Standard Author Staff Response
Projects with a base density of 50 or more units shall have a 25% inclusionary requirement. Andy Schiffrin This type of policy requires significant additional study outside of this project.Projects with a base density of 100 or more units shall have an inclusionary requirement of 30%.
Andy Schiffrin This type of policy requires significant additional study outside of this project.
Prohibit ADUs and Junior ADUs from meeting a project’s inclusionary requirements. Andy Schiffrin This standard is proposed to be included. See Municipal Code Section 24.16.020, .025, and
24.08.1360
Prohibit building heights that would deny solar access to adjacent housing units for more than 2 hours a day for 2 months of the year.
Andy Schiffrin The project team has analyzed various options for shading and has not been able to identify a satisfactory standard that supports shade restrictions while still providing for the development of the full capacity of allowed housing.
Limit building heights to no more than two stories higher than adjacent residential structures.
Andy Schiffrin Basing development potential on adjacent uses is not a best practice and likely not legally defensible.
Prohibit maximum noise levels from mixed use projects adjacent to residential uses to exceed the General Plan’s residential noise standards.
Andy Schiffrin This standard exists in the General Plan and applies to existing and new development.
Require free parking passes for residents in rental projects with 50 or more total units. Andy Schiffrin New development projects are typically excluded from eligibility in permit parking programs in order to preserve existing street parking resources for existing users. Adding street parking passes for new development would increase, rather than mitigate, street parking impacts.
Require double traffic fees for projects of 50 or more total units within ½ mile of an intersection with a Level of Service D or below.
Andy Schiffrin This type of policy requires significant additional study outside of this project. Further, this standard is not in line with smart growth principles in that would incentivize moving larger projects away from the Downtown and other areas that are well‐served by transity or commercial services and move project towards areas of lower congestion further from the City center.
Require the provision of at least 5 usable bicycles per 50 units to be available for the use of project residents.
Andy Schiffrin This standard would be challenging to enforce and creates an unecessary maintenance issue for property managers. Bike parking spaces are required for new multi‐family development, and the City is currently working with the County to bring a new Bikeshare vendor to the area to meet these community‐wide needs.
Require at least two of the following community gathering spaces in projects with over 50 total units: 1) community room with kitchen; 2) workout room; 3) rooftop community garden; 4) Spa – hot tub and sauna; 5) recreational facility like a bocci court.
Andy Schiffrin See Section24.12.185.9 for open space. Grdens and spas, pools, and hot tubs are incorporated as outdoor open space options.
Require wider sidewalks of no less than 10 feet for mixed use projects with frontage on a collector or arterial city street.
Andy Schiffrin Sidewalk widths are based on a variety of criteria and governed by Area Plans, Municipal Code chapter 15.20, and on Corridors, by proposed Section 24.12.185.13 Require documentation that stormwater, drainage and air quality standards will be met prior to non‐building permit approval (normally discretionary approval) Andy Schiffrin This is not possible at the time of design review. These standards are enforced through conditions of approval due to the level of detail that is required to determine compliance.
Prohibit net increase in greenhouse gas emissions from projects 25 units or greater. Andy Schiffrin The standards in CalGreen (CA State Building Code) combined with the City's Green Building Program ensure that most new development is carbon neutral or very close.
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Require projects to meet the highest green building standard if over 50 total units. Andy Schiffrin The City's Green Building Program does not have a standard for the maximum number of points that can be awarded to an individual project. Many Green Building Standards (LEED, PassivHaus) can be met by certain buildings on certain sites with advantageous solar exposure. Because the City regulates development on all parcels, with all different exposures, this is not an appropriate standard for the City to require as it would not be possible to meet on all parcels due to existing physical conditions.
A grading plan shall be prepared by a qualified professional for projects that propose cut, fill, earthmoving, grading operations, and other such man‐made effects on the natural terrain of over 2,000 cubic yards, and any proposed mitigations implemented.
Andy Schiffrin The City's grading ordinance requires that projects proposing to grade less than 5000 cubic yards of cut or fill conform to the requirements for a Regular Grading Permit, see Muni Code Section 18.45.030. Above that threshold projects must conform to standards for Engineered Grading Permits which are more stringent.
The project shall involve no net water runoff or soil erosion caused by modifications to the natural terrain.
Andy Schiffrin Storm Water Pollution Prevention Plans are required for certain development proposals and governed by the California Department of Water Quality. Full requirements are described on their website: https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html Minimize fire hazard and risks associated with landslides and unstable slopes by requiring a geologic analysis and adoption of its mitigation measures, if any, in areas of steep canyons and arroyos and known landslide deposits.
Andy Schiffrin The California Building Code sets standards for individual and public safety for new buildings, ensuring that buildings are engineered to be compatible with the sites on which they are constructed, including any necessary accommodation for soil conditions and known fire hazards.
Preserve riparian areas and other natural habitat by prohibiting development within 50 feet of the edge of ponds, streams, or rivers without the approval of a variance.
Andy Schiffrin The City's Creeks and Wetlands plan sets standards for development adjacent to bodies of water and sets criteria for Watercourse development permits. The Creeks and Wetlands Plan is a component of the City's General Plan and Local Coastal Program and applies to all existing and proposed development.
Require developments to use existing features of land such as natural vegetation, viewsheds, possible geologic and archaeological features, and other features which preserve a land’s identity.
Andy Schiffrin This is not an objective standard. Most sites for significant development in the City involve redevelopment of land which has been previously graded and developed.
Prohibit a project’s runoff from entering local watercourses. Andy Schiffrin All rain water eventually drains to a natural water course. The City regulates stormwater quality through Muni Code Section 24.14.050.
Require a 5‐year maintenance agreement for street trees provided by a project. Andy Schiffrin Street trees require maintenance in perpetuity per existing Muni Code Section 13.30.060. For projects proposed with 500 feet of the coast or San Lorenzo River, require the analysis of potential sea level rise impacts and impose mitigations to provide 100‐year flood protection.
Andy Schiffrin Floodplain zoning identifies low‐lying areas that are at risk for flooding within the 100‐year time frame, and development restrictions apply. See Municipal Code Section 24.10.2000.
New developments shall incorporate Title 24 energy code standards, apply latest Calif. building laws such as: “Solar panels are required in all new construction homes and certain remodeled homes beginning January 1, 2020… Minimum number of shade trees needed to provide shade to surface parking areas as well as landscape and hardscape areas." Marianne Franks The Building Standards Codes in effect at the time of building permit application apply to all new structures built in the State of California.
‐Separate water meter for each unit in a residential development to help our City conserve water.
Marianne Franks This is generally required by Muni Code Section 16.04.050. In certain cases the Water Department reserves the right to allow collective metering in order to support full buildout of multi‐family property.
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‐Rainwater catch system for any residential development with 10 units or more. Catch system to be used to subsidize landscaping water needs.
Marianne Franks The City's Water Conservation Program does not support this approach for new multi‐family development due to the size of catchment that would be required and the limited utility in our climate. The water department perfers that rainwater be directed toward permeable surfaces to infliltrate.
All residential developments shall include faraday metal shielding between All smart meter arrays and adjacent residential units.
Marianne Franks The City would need to define limit on exposure to various wavelengths of radiation in order to allow design of an appropriate and successful shield. There is no federal or state guidance about how to select any such limit. ‐High filtration air system is required for any residential development with 10 units or more, as well as for any development housing exercise, yoga, or workout rooms.
Marianne Franks MERV 13 exterior air intake filtration is required on all new residential structures as of 2019 energy code; this level of filtration is highly effective against air‐borne pollutants. Protection from communicable disease requires point‐of‐origin/point‐of‐use air filtration which is not a built‐in part of a building (even a hostpital), such as a freestanding HEPA filter. ‐Any structure built after 2021 shall not cast a shadow on an existing structure for more than 3 hours of the day, measured using average winter hours/angle.
Marianne Franks This current project does not have the tools neccessary to conduct the analysis that would be required in order to ensure that this policy would not hinder development in any location. The wording may also be excessively broad: this type of policy should not apply to commercial, or non‐residential structures, and should apply only outside of the Downtown Area. This type of policy, if it can be supported, should apply equally to all types of existing residential buildings, and this would require extensive modeling and study for all potential orientations and existing structures.
All new development shall incorporate the 2030 General Plan Chapter 9 ( Parks, Recreation and Open Spaces) Goals, Policies, and action PR1.1.3‐4, PR1.3.1‐4 to preserve the City's highly valued identity and its Natural Resources(Chapter 4 Land Use).
Marianne Franks The General Plan applies to all new development.
To mitigate the harmful effects of the City’s current technical deficiency in this policy, the following landscaping standards will work to offset the harmful effects and to achieve the City’s stated green space goals.
Marianne Franks See Section 24.12.125 LANDSCAPING REQUIREMENT. "In all districts where yards are required, all portions of each front and exterior side yard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained." Landscaping standards shall promote the creation of green space within commercial, industrial and medium‐ to high‐density residential districts in order to maintain quality of life of those districts, buffer off street parking areas, reduce drainage off site, filter noise and light, encourage the planting of trees throughout the community, and support the City’s health and climate change policies.
Marianne Franks The City has existing setback requirements in every zoning district as well as open space and landscaping requirements.
Street Trees: All commercial, industrial, and multi‐family residential developments within the City shall provide boulevard trees in addition to and separate from other plant requirements.
Marianne Franks See requirements for Street Trees in Section 24.12.186
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‐Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the City will be considered as elements of the project in the same manner as parking, building materials and other plan details. The landowner, or successor in interest, or agent, if any, will be jointly responsible for regularly maintaining all landscaping so that it presents a healthy, neat, and orderly appearance, including the removal of weed species as well as the repair or replacement of damaged or destroyed landscaping.
Marianne Franks Landscape maintenance is required by Section 24.12.125 Heritage Trees: Any heritage tree (s) that is in the footprint of a proposed large development shall be relocated rather than cut down.
Marianne Franks All Heritage Trees are evaluated for preservation in place, or by relocation, before any application to remove them can be submitted. Outright prohibition on tree removal is not a policy that is supported by most arborists or the City Forester. Each tree needs to be evaluated on an individual basis. ‐Depending on size and species, mature heritage trees store on average 1‐2 metric tons of carbon. The usual method of removal after cutting is chipping, which means the vast amount of carbon is released to the atmosphere within 5 years. Replacement saplings take many decades of growth to become equivalent carbon sinks. Removal of heritage trees works against the goals of the city's Climate Action Plan. Relocation of heritage trees has a high success rate and is consistent with the CAP goals.
Marianne Franks Noted.
Vertical Landscaping/Planting: All new housing developments of 3 stories or taller, will include vertical planting that covers no less than 70% of their vertical exterior wall space, excluding doors, windows and balconies. Native plant species and xeriscaping should be prioritized to support pollinators and sustainability throughout drought years. The objective standard of vertical planting will achieve:
Marianne Franks Living Walls been incorporated into the standards as an option for exterior materials.
Vertical Landscaping does not meet all the required Building Code Standards for exterior materials, and therefore requiring it over such a large portion of the structure may not be appropriate.
1. Reduction in air pollution and carbon footprint that is associated with population density increase, thereby mitigating this recorded negative impact proactively Marianne Franks Noted
2. Reduction in noise/sound pollution by buffering the hard exterior space and reverberation Marianne Franks Noted
3. Reduction in light pollution via texture of plants buffering various and varying reflective building materials and paints Marianne Franks Noted
4. Create aesthetic element that is universally pleasing and improve the appearance of less expensive building materials sometimes needed to make an affordable housing development financially feasible.
Marianne Franks Noted
5. Preservation of Santa Cruz as a destination symbolized by the natural environment, thereby maintaining its draw to both tourists and residents. Planted exterior buildings shows environmental responsibility and adds nature to the skyline instead of concrete, paint, etc... Santa Cruz bumper stickers are traditionally whales, butterflies and trees, not mid‐high rise buildings. Living walls will draw butterflies and symbolize that our City values nature and environmental responsibility.
Marianne Franks Noted
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6. Leading other cities by example when challenged with the need to build affordable housing but do so in a way that aims to mitigate its associated impact on global warming.
Marianne Franks Noted
7. Improvement of both mental health and physical health parameters that are negatively impacted by increased population density ‐ by built‐in green space as the surface building exteriors.
Marianne Franks Noted
All proposed developments shall be reviewed under Model Lighting Ordinance & International Dark Sky Association Design guidelines according to General Plan Goal HZ5‐5.1 through HZ5.1.3 Marianne Franks Standards for Lighting have been incorporated. See Section 24.12.185.17. ‐To minimize light trespass and the harmful effects of light pollution, outdoor lighting shall be no more than 3000 Kelvin, no more than 2700 lumens (commercial), no more than 1200 lumens (residential), only be on when necessary for public safety and be fully shielded and pointing downward.
Marianne Franks Standards for Lighting have been incorporated. See Section 24.12.185.17.
Materials: Affordable units and market‐rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable Marianne Franks This standard exists in the Municipal Code 24.16.025. ‐Affordable units qualifying a housing development for SB 35 streamlining or a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. (From Santa Cruz’s Density Bonus Law, edited to include SB 35 [Adopted October 24, 2017]) Marianne Franks This standard exists in the Municipal Code 24.16.025, and is superseded by State Law in cases where the financing of the project relies on clustering the affordable units together to qualify for Low‐Income Housing Tax Credits or other Federal or State funding resource. ‐There shall be distribution of low‐income and very low‐income housing built throughout the City for racial equity.
Marianne Franks This is not a standard that can be applied to an individual development proposal. The City should consider disbursing areas of multi‐family zoning thorughout existing single‐family areas in order to achieve this goal. ‐50% of affordable units should be 2 bedroom or larger units. Marianne Franks The demographics of the households that need affordable housing would not be supported by this policy. Households that need affordable units are similar to overall Santa Cruz demographics which include under 1/3 families with children.
The City of Santa Cruz enforces the objective standard that any development applying for SB 35 streamlining must include a minimum of 50% of their housing units at the affordable level or income category in which the City is currently deemed deficient (the one which needs fulfillment to satisfy regional requirements). Percentage calculated for the total number of units to be developed, including those awarded for the Density Bonus.
The City will likely cycle through different tiers within the streamlining allowed under SB35, and will comply with the requirements of the state law. The suggested standard is not compliant with current state law. ‐Whereas a deficiency in a specific income level in the most recent year’s regional housing reporting, is what qualifies a City to be subject to accepting SB 35 ministerial streamlining and the City’s goal is to fulfill the requirements and not perpetuate the deficiency.
Marianne Franks This is not a feature of an SB35 application that the City has the power to regulate. ‐Whereas allowing larger percentage of market rate units to be constructed, proportional to the lowest income levels of Affordable Housing, drives up the AMI, thereby increasing what is deemed “affordable” to higher than the lower income brackets can reasonably afford.
Marianne Franks This is an inaccurate statement. AMI has changed over time locally and statewide due to a variety of macroeconomic factors that are outside the City's ability to influence. Further, the City does not have the discretion to limit density bonus applications or to deny development proposals that conform to all applicable requirements.
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‐The pitch of roofs to match in design to adjacent structures. Marianne Franks The project team considered a similar standard but roof pitch on existing buildings is highly variable within neighborhoods and prohibiting flat roofs in commercial areas seems unnecessary. The City could consider requiring a minimum pitch for structures in certain neighborhoods, and such a standard would be best implemented through an Area Plan. ‐Any structures with rooftop activity will require 2” acoustical sound walls Marianne Franks These panels add height to the profile of buildings as they meet the sky. Building profiles and roof forms were one of the more sensitive features of buildings, with public comment indicating a preference for variation and tapering. Opaque sound panels are not compatible with these community preferences. ‐Any structures with rooftop activity will limit rooftop pedestrian access and activity to hours of City’s sound/noise ordinance (i.e. rooftop closed at night). Rooftop safety lighting shall turn off accordingly to limit light pollution and light trespass.
Marianne Franks Similar requirements have been incorporatesd. See Sections 24.12.185.9 Usable Open Space,
24.12.185.10 Neighborhood Transition, and 24.12.185.17 Lighting. ‐HVAC systems shall not be visible from residential neighborhoods Marianne Franks Previously regulated through Design Permit findings, this standard is proposed to be added to Muni Code Section 24.12.150 Height Limits Modifications. ‐The height of any building within 100 ft of a single‐family home shall be no taller than 4 stories high including Density Bonus. To achieve maximum density, stepbacks may be used so that the =>30% of the building along the single family zoning conforms to this standard.
Marianne Franks This is not a legal action the City can take. State Density Bonus Law supersedes local regulations.
‐Density increase shall be limited to 10% over current zoning (General Plan LU4.1.2), including Density Bonus Marianne Franks This is not a legal action the City can take. State Density Bonus Law supersedes local regulations.
‐Residential projects located across the street from single‐family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single‐family homes. Parking lot areas and carports shall not be located along single‐family neighborhood street frontages.
Marianne Franks All residential units that abut a public frontage should be oriented toward it. See proposed Muni Code Section24.12.185.6 Public Frontages.
‐Duplexes, triplexes, and fourplexes abutting single‐family neighborhoods shall include individual front doors and interior stairs (when stairs are needed).
Marianne Franks The stacked‐flat building type is more likely to create lower‐cost market‐rate housing than the townhouse building type (described by this proposed standard), and Section 24.12.185.3 Maximum Building Length incentivizes stacked flats through a parking reduction. ‐The first story shall be distinguished from all other stories by using no less than 2 architectural forms, fenestration, or similar details on the front elevation (e.g., arches, awnings, balconies, columns, cornices, lintels, moldings, trellises) that are not also used in the same manner on the other stories.
Marianne Franks See proposed Muni Code Sections 24.12.185.12 Building Modulation, .13 Corridor Frontage, .14 Ground Floor Design, .15 Architectural Detail, and .16 Building Materials. ‐Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.
Marianne Franks See proposed Muni Code Sections 24.12.185.12 Building Modulation, .13 Corridor Frontage, .14 Ground Floor Design, .15 Architectural Detail, and .16 Building Materials. ‐Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
Marianne Franks See requirements for Building Facades Section 24.12.185.15.e
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‐Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
Marianne Franks See proposed Muni Code Sections 24.12.185.12 Building Modulation. ‐Rooflines shall be vertically articulated at least every 50 feet along the street frontage through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.
Marianne Franks See proposed Muni Code Sections 24.12.185.11 Roof Form. ‐Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 18 inches deep and four feet wide and extend the full height of the building.
Marianne Franks See proposed Muni Code Sections 24.12.185.12 Building Modulation. ‐Primary building entrances and associated paths of travel shall be visible from the adjacent street.
Marianne Franks See proposed Muni Code Sections 24.12.185.14 Ground Floor Design. ‐Mirrored glass is prohibited on the exterior of building in order to minimize off‐site glare and maximize transparency.
Marianne Franks Mirrored glass may be an appropriate building material in certain circumstances, provided Bird Safe building design standards can be met, so an outright prohibition is not recommended. ‐At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage, excluding windows and railings. A change in material must be offset by a minimum of six inches in depth.
Marianne Franks See proposed Muni Code Section 24.12.185.16 Building Materials. ‐The tallest part of the building shall not take up a full floor. Marianne Franks See proposed Muni Code Section 24.12.185.10 Neighborhood Transition. ‐Unbundled parking only allowed in Downtown zoning. Marianne Franks Unbundling is currently allowed throughout the City and has been documented to be an effective tool for reducing driving and car ownership. Staff is proposing to make this existing allowance more clear through amendments to Muni Code Section 24.12.240. ‐Structured parking shall be designed such that interior shall be fully shielded and automobile headlamps shall not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.
Marianne Franks See proposed Muni Code Section 24.12.185.7 Parking Location and Screening ‐In addition to the required number of parking spaces shall be made available for use by guests, as follows: ∙ 0.10 spaces per dwelling unit for affordable projects (defined as projects reserving at least 50% or more of the units for income‐restricted households, as defined under California Law). ∙ 0.15 spaces per dwelling unit for all other projects These guest parking spaces shall be located outside of any security gates or other access limitation devices unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).
Marianne Franks The City requires guest parking for all multi‐family development at a rate of 10% of the total required number of parking spaces to be added and reserved for guests.
21.693
The following standards shall apply to a non‐residential or multi‐story residential development (hereafter referred to as the “development”) on a parcel or aggregation of parcels that is adjacent to property in a single family or multi‐family low rise residential district or with a low or medium density residential use (hereafter referred to as the “neighborhood”): (for Rick's 13 proposed standards) Rick Hyman
1. Buffering – where there is no intervening alleywayWhere such development will be on property abutting the neighborhood, the following standards shall apply:a. an at least 10 foot wide heavily landscaped buffer strip shall be established and maintained on the subject property.b. existing shrubs and trees that help soften the visual impacts of the development from the neighborhood must be retained, integrated into the landscape plan, and promptly replaced if any die.c. the majority of plants included in the landscaping whose purpose is to soften the visual impacts of new development from the neighborhood shall be of an initial large size (generally minimum of 15 gallon), fast growing, and evergreen.d. a deed restriction, easement or dedication shall be applied to this buffer strip limiting uses to landscape maintenance and emergency access.
Rick Hyman See proposed Muni Code Section 24.12.185.8. The City's Water Conservation staff and City Arborist recommend smaller‐sized trees for best long term outcomes for healthy vegetation. City Staff recommends a five‐foot buffer to ensure these areas do not become attractive habitat for vermin or create maintenance challenges for owners and neighbors. (CONTINUED) e. a solid 6 foot wall or fence shall be erected and maintained between the buffer strip and the remainder of the subject property where the development is to occur.f. Exceptions:(1) a different fence design, or other barrier or no barrier besides landscaping is permissible if the adjoining neighborhood property owners prefer such an alternative treatment;(2) if a solid building back is constructed at the buffer edge with no openings for the first 6 feet up from ground level, no separate fence or wall is required;(3) if occupied residential space constitutes the entire back of a building constructed at the buffer edge, no solid barrier is necessary; landscaped yards, pathways, stairways, decks and patios covering no more than one‐third of the buffer area are permissible; and residents may be allowed within the landscaped buffer area;(4) if another provision in the Code allows for exceptions to this landscaped buffer requirement, then the applicant for any development must install a solid fence or wall at the property line or an alternative fence design requested by the adjoining neighborhood property owners.
Rick Hyman See proposed Muni Code Section 24.12.185.8.
21.694
2. Buffering – where there is an intervening alleyway
a. Where a public alleyway at least 10 feet wide separates property on which development will occur from the neighborhood, all of the above standards and exceptions apply [in 1 above] except that minimum width for the heavily landscaped buffer adjacent to the alleyway shall be at least 5 feet.b. Where a public alleyway separates property on which development will occur from the neighborhood, no motor vehicle access shall be provided from the alleyway to a parking garage or lot on the subject property; except that access is permissible to individual residential garages or driveways if occupied residential space constitutes the entire back of a building constructed at the buffer edge.
Rick Hyman Screening required by proposed Section 24.12.185.8. Limiting alley access to parking areas is not feasible on standard‐depth (or shallower) parcels.
3. Outdoor parking and accesswaysIf an open parking lot or paved motor vehicle access is installed between the required physical buffer (pursuant to 1 or 2 above) and the back of a new building, then the following measures must be taken:a. any refuse and related containers must be within an enclosure located at least 50 feet from edge of the adjacent neighborhood (otherwise these must be accessible from inside the building or in front of the building).b. any loading area shall be located at least 50 feet from the edge of the adjacent neighborhood (otherwise loading/unloading must occur inside the building or in front of the building).c. any deliveries by truck shall be prohibited between 10 p.m. and 7 a.m.d. a management program must be established to ensure frequent little pick‐up.e. where there is also enclosed parking within in a mixed‐use development, then any additional uncovered parking lot spaces behind the building shall be allocated first to building residents or employees. [this is to avoid frequent turnover in the parking lot caused by commercial patrons that has more noise and related impacts on the adjacent neighborhood]f. “Quiet Zone” or similar signs requesting consideration of the adjacent neighborhood, “No Loitering” or similar sign, hours and time limits for parking, and “Tow Away” signs for parked vehicles not incompliance with the rules shall all be posted in outdoor parking lots.g. security measures are permissible and encouraged, provided they do not result in adverse impacts on the adjacent neighborhood (e.g., loud audible alarm voices; bright shining lights).
Rick Hyman What do our existing conditions of approval say relative to these items?
21.695
4. Driveways and garage accessways
If a motor vehicle entrance/exit is provided off of a non‐arterial or non‐collector street that runs from an arterial or collector street into a neighborhood, then:a. the entrance shall be located as close to the corridor street as possible;b. a semi‐traffic diverter or similar traffic calming device and a “residential traffic only” or similar sign shall be installed just beyond the entrance on the street to slow and caution traffic entering the residential neighborhood;c. turns from the entrance/exit toward the residential neighborhood shall be prohibited.
Rick Hyman Traffic circulation adjacent to major roadways relys on the adjacent street network in order to maintain efficient traffic flows on higher‐volume roadways. the proposed conditions could be considered on a case‐by‐case basis for certain projects but are not appropriate as a standard for all new development.
5. Mechanical equipment and ventinga. All new mechanical equipment and appurtenances, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. that could otherwise be visible from the residential neighborhood shall be permanently screened with material compatible with the materials of the building, except to the extent that such screening would interfere with the operation of solar panels. b. Any necessary mechanical venting of laundry or rest rooms shall be internal to the building if possible; in no case shall vents to the outside face a residential neighborhood.
Rick Hyman See proposed Muni Code Section 24.12.150 Height Limits Modifications
6. Exterior lightsExcept on the ground floor where residential uses constitute the entire back of a building facing a neighborhood, no exterior lights shall be allowed which shine beyond the property line.
Rick Hyman See proposed Muni Code Section 24.12.185.17
7. Heritage treesExisting heritage trees shall be preserved and afforded adequate space to survive. No heritage tree removal shall be allowed solely to allow a proposed building design; rather the building shall be redesigned and resited to allow the heritage tree to remain.
Rick Hyman All Heritage Trees are evaluated for preservation in place, or by relocation, before any application to remove them can be submitted. Outright prohibition on tree removal is not a policy that is supported by most arborists or the City Forester. Each tree needs to be evaluated on an individual basis.
21.696
8. Adjacent uses
a. Non‐residential uses allowed within 50 feet of a neighborhood shall be limited to those principally permitted uses that generate no more than eight vehicular round trips per day from other than employees and do not use any outdoor space on the neighborhood side.b. No non‐residential use shall be allowed within 125 feet of an adjacent neighborhood that is open any time between 9 p.m. and 7 a.m.; includes outdoor uses with amplified music; uses alarms or sirens or similar loud noises that can be heard by the adjacent neighborhood; prepares food in a manner that smoke or odor is allowed to vent from the building or occurs outdoors; includes an outdoor swimming pool; or is a conditional use that the Zoning Administrator determines will have adverse noise, litter, odor, lighting, pollution or traffic impacts on the adjacent neighborhood.
Rick Hyman The City maintains discretion over commercial uses through the existing Use Permit and Design Permit processes. Hours of operation are typically regulated as conditions of approval for individual properties based upon the proposed activities for the site.
9. Design featuresa. All façade features designed and required to make the front of the building attractive (such as varying roof lines, other articulations, breaking up massing to appear or to be separate buildings, architect style compatible with the neighbor) must also be incorporated into all sides of the building that face residential neighborhoods, except where they are unnecessary (e.g., because the height of the building facing the residential neighborhood is only one or two stories), would adversely impact the residential neighborhood (such as glass that would cast a glare), or are in conflict with the other provisions of this section.
Rick Hyman See proposed Muni Code Sections 24.12.185.12 Building Modulation, .13 Corridor Frontage, .14 Ground Floor Design, .15 Architectural Detail, and .16 Building Materials. b. Windows and glass doors above the first floor that face onto a neighborhood shall not be permitted in non‐residentially occupied spaces (e.g., storage rooms, staircases), unless mandated for safety. Any such windows and doors shall have a screen or drape that is closed when any lights are on.
Rick Hyman Proposed standards for Lighting in Section 24.12.185.17 will limit off‐site glare, and commercial uses can be further regulated through the existing Use Permit and Design Permit processes on a case‐by‐case basis. c. Windows or glass doors above the first floor that serve residentially or employee occupied spaces and face onto the neighborhood shall be limited to no more than one standard sized (24” x 36”) one per room or employee cubicle and shall be located in a manner that minimizes intrusion into the neighborhood residents’ privacy.
Rick Hyman See proposed Muni Code Section 24.12.185.10 Neighborhood Transition. d. Vines and similar plants that can grow on building sides that face onto a neighborhood shall be incorporated into building design, using, for example: trellises, window boxes or hanging plants from rooftops gardens.
Rick Hyman See response above under Vertical gardening. d. Painting and other treatments of and on exteriors that face neighborhoods shall be permanently maintained in good condition.
Rick Hyman Muni Code Section 24.14.200 requires continued maintenance of land uses in a manner that is free of environmental nuisances. Building maintenance is required of all development seeking a Design Permit or Use Permit as a condition of approval. For residential structures, the State Housing Code and Building Codes require exterior maintenance.
21.697
e. Signs for non‐residential uses facing the neighborhood shall not be visible to neighborhood residents above the required landscaped buffer; except, if building design (e.g., placement of windows or doors), would thus preclude a sign, one per business shall be allowed that is located no more than one foot above the door, window or other impediment, no more than one foot high, and illuminated only during the time the businessis open.
Rick Hyman Signs are regulated by Muni Code Sections 24.12.300 et seq. See proposed Muni Code Section 24.12.185.17 Lighting for standards limiting glare and off‐site light. e. A deed restriction or other binding legal document shall prohibit building changes in the future that do not comply with the provisions of this section.
Rick Hyman Future development or redevelopment of parcels will be governed by the regulations in place at the time.
Rick Hyman
10. Comprehensive management responsibilitya. A comprehensive management plan shall be prepared to ensure compliance with all on‐going requirements of these standards or any other Municipal Code requirements that apply anywhere on the property over time.b. One management entity shall assume ultimate responsibility for implementing the comprehensive management plan; except for mixed use developments: two management entities may be established ‐‐ one for the residential and one for the non‐residential uses, provided they execute a legally binding agreement to ensure that (1) there is joint management of common areas used by both residents and non‐residents and (2) that all on‐going requirements are the responsibility of either one or the other or both.c. While this entity may designate individual businesses to comply with certain responsibilities pertaining to their businesses, the overall management entity is ultimately responsible for the entire property.
Rick Hyman These features of development projects are typically regulated through Conditions of Approval placed on a development permit, so that they are site‐specific and responsive to a particular development proposal. (CONTINUED) d. Any subsequent use permits issued to individual businesses shall be conditioned to comply with the comprehensive management plan.e. Any subsequent use permits for individual businesses whose operation could result in adverse neighborhood impacts not previously addressed by the original comprehensive management plan can only be approved if (1) conditioned for a supplemental management plan to address these impacts integrated into to comprehensive plan; (2) the overall management entity assumes responsibility for these supplemental measures if the individual business fails to comply.f. A representative of the neighborhood, if one is delegated, shall be given updated contact information for a responsible designee of the management authority.
Rick Hyman Planning Entitlements run with the land and apply to all owners in succession and any future uses established on the site. Any change to a condition of approval would require review by the original approving body. These features of development projects are typically regulated through Conditions of Approval placed on a development permit, so that they are site‐specific and responsive to a particular development proposal.
21.698
11. Construction activity
a. Construction activities shall be limited to the hours of 7:30 am to 6:00 pm, Monday through Friday; except limited interior construction activity from 8:00 am to 5:00 pm on Saturdays may occur with the approval of the Chief Building Official. b. A representative of the neighborhood, if one is designated, shall be provided with contact information for individuals responsible for the construction operations.c. As part of a required construction management plan, all construction materials, equipment, and vehicles shall be stored on site or at an approved location at least 100 feet away from any neighborhood. A construction vehicle access plan shall prohibit construction and related vehicles from using any non‐arterial and non‐collector residential streets beyond the subject site limits, unless no other access route is available. Designated parking for construction workers shall be established off of any non‐arterial and non‐collector residential streets beyond the subject site limits.d. Enforceable measures shall be incorporated into a required construction management plan to prevent adverse noise, dust, utility disruption, nuisance, odor, lighting, vibration impacts on the neighborhood.
Rick Hyman These features of development projects are typically regulated through Conditions of Approval placed on a development permit, so that they are site‐specific and responsive to a particular development proposal.
12. Construction delays and abandonmenta. Security must continue to be provided on a site where construction is delayed or abandoned.b. Once site preparation or construction commences, if it subsequently stops for a period of six continuous months, then a solid fence or wall must then immediately be installed on all sides of the subject property visible from the neighborhood; any equipment or materials stored on site that are visible from the neighborhood above the fence or wall must be removed from the site; and any equipment or materials stored on site that continue to generate noise, odor, light, dust, litter or pollution must be removed from the site.c. If site preparation or construction stops for one year, then the required buffering and landscaping must be immediately installed. [#1 or 2 above]d. Temporary uses that enhance the attractiveness and security of a halted or abandoned construction site may be permitted, provided they comply with all of these provisions.
Rick Hyman These features of development projects are typically regulated through Conditions of Approval placed on a development permit, so that they are site‐specific and responsive to a particular development proposal.
21.699
13. Process
a. Community outreach meetings shall be held for any such developments, except where there is no change of or expansion of use.b. Where State law allows exceptions to these Objective Standards, no further exceptions may be granted pursuant to a Planned Development permit, height limit modification, or other exception provision of the zoning ordinance.c. A representative of a neighborhood affected by such development may be designated to receive notice of when any follow‐up landscape, management, transportation, or other plans required to comply with these Objective Standards to help protect the neighborhood are submitted for approval and shall be allowed to review such plans. d. Public notice and an opportunity to comment shall be provided prior to approval of any changes to approved building design or permit conditions that may affect the neighborhood that otherwise do not require public hearings.
Rick Hyman The City's Community Outreach policy will continue to apply to development projects throughout the City based on size. Any application for a Planned Development Permit, Density Bonus, or other variance from the requirements of the Municipal Code will trigger the requirement for a public hearing and appropriate public noticing.
Heritage trees in the footprint of a proposed large development shall be counted and the following standard apply: Any heritage tree (s) in the footprint of a proposed large development shall be relocated rather than cut down. The location shall be determined at the time of permit application.
Alexander Gershenson
Relocating existing trees is an option available to property owners as part of the required Heritage Tree permits required by Municipal Code Section 9.56.060, and City staff is not recommending any further changes to this division at this time. City staff consulted with reputable reviewing arborists, and the collective advice was to maintain the existing site‐ and specimen‐specific arborist analysis for relocation of mature trees. As stated recently by a reviewing arborist considering a local development application for retention and relocation of existing trees: "...mature trees proposed for relocation should exhibit high vigor, desirable architecture, strong structure, and be free of significant disease and decay. Under the best of circumstances, transplanting is severely traumatic on tree physiology and weak trees are likely to decline over time. Trees at risk of decline or structural failure are poor candidates for relocation. I also do not recommend relocation where operations would result in either an undersized root ball or damage to adjacent trees." If a building is built after 2021 high filtration air system is required for exercise, yoga, workout rooms required to filter the air to protect from spreading viruses.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
The pitch of roofs to match in design to adjacent structures. Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Any structure built after 2021 shall not cast a shadow on an existing structure no more than 3 hours of the day.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Any structure shall not impede sunlight on to adjacent structures with solar panels more than 3 hours per day.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Any structures with rooftop activity will require 2” acoustical sound walls. Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
The height of any building within 100 ft of a single‐family home shall be no taller than 4 stories high including density bonus.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
21.700
Residential projects located across the street from single‐family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single‐family homes. Parking lot areas and carports shall not be located along single‐family neighborhood street frontages.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Duplexes, triplexes, and fourplexes abutting single‐family neighborhoods shall include individual front doors and interior stairs (when stairs are needed).
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Affordable units and market‐rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Rooflines shall be vertically articulated at least every 50 feet along the street frontage through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
No unbundled parking Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Structured parking shall be designed such that interior lighting shall be fully shielded and automobile headlamps shall not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
In addition to the required number of parking spaces shall be made available for use by guests, as follows: ∙ 0.10 spaces per dwelling unit for affordable projects (defined as projects reserving at least 50% or more of the units for income‐restricted households, as defined under California Law). ∙ 0.15 spaces per dwelling unit for all other projects These guest parking spaces shall be located outside of any security gates or other access limitation devices unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 18 inches deep and four feet wide and extend the full height of the building.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Meter for each units to help our town conserve water Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
21.701
There shall be distribution of low‐income and very low‐income housing built throughout the town for racial equity
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Affordable units should be in larger units as well as smaller units. Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Primary building entrances and associated paths of travel shall be visible from the adjacent street.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Mirrored glass is prohibited on the exterior of building in order to minimize off‐site glare and maximize transparency.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage, excluding windows and railings. A change in material must be offset by a minimum of six inches in depth.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
The tallest part of the building shall not take up a full floor. Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Landscaping standards shall promote the creation of green space within commercial, industrial and medium‐ to high‐density residential districts in order to maintain quality of life of those districts, buffer off street parking areas, reduce drainage off site, filter noise and light, encourage the planting of trees throughout the community, and support the City’s health and climate change policies.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Street trees: All commercial, industrial, and multi‐family residential developments within the City shall provide boulevard trees in addition to and separate from other plant requirements.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
City will be considered as elements of the project in the same manner as parking, building materials and other plan details. The landowner, or successor in interest, or agent, if any, will be jointly responsible for regularly maintaining all landscaping so that it presents a healthy, neat, and orderly appearance, including the removal of weed species as well as the repair or replacement of damaged or destroyed landscaping.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Any heritage tree (s) that is in the footprint of a proposed large development shall be relocated rather than cut down.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
Depending on size and species, mature heritage trees store on average 1‐2 metric tons of carbon. The usual method of removal after cutting is chipping, which means the vast amount of carbon is released to the atmosphere within 5 years. Replacement saplings take many decades of growth to become equivalent carbon sinks. Removal of heritage trees works against the goals of the city's Climate Action Plan. Relocation of heritage trees has a high success rate and is consistent with the CAP goals.
Sunny Sanoff These comments are repeats of those of Marianne Franks, above. See responses in that section.
H. Lighting Mark Buxbaum
21.702
Goal: To ensure that exterior public areas of buildings are well‐lit for safety, while minimizing the negative effects of glare, light trespass, and light pollution, thereby helping to make new development Dark Sky friendly.
Mark Buxbaum
1. All exterior lighting shall meet the requirements, including being dimmable and controllable, specified in California Title 24 and the Green Building Ordinance currently enforced by the City of Santa Cruz. In addition:
Mark Buxbaum The California building code will apply to all new development and redevelopment within the City.
2. Individual exterior luminaires shall not exceed 1,260 lumens. Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.3. All light sources greater than 30 lumens shall be fully shielded, such that the light source cannot be directly seen at eye level by a pedestrian or from an existing residential window or balcony within 200 feet, or from any position above the horizon.
Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.
4. The height of luminaires shall not exceed 15 feet above grade. Mark Buxbaum Exterior lights for privat balconies will exceed 15' in height, lighting for auto safety is limited in how short these fixtures can be for circulation. See Standards for Lighting Section 24.12.185.17.
5. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.
6. No lighting visible from the exterior of the building shall blink, flash or flicker. Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.7. After accounting for illuminance provided by existing street lighting and other public lighting sources, nighttime lighting which is sufficient for wayfinding shall be provided at parking lots, pedestrian pathways, outdoor gathering spaces, and building entries.
Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.
8. The main entrance(s) to the building and their immediate surrounds within 10 feet shall have the brightest surfaces visible at night. All other building surface areas visible from adjacent properties, and larger than 6” in any dimension, will maintain luminances less than 33% of the entrance. In other words, a ratio of 3:1 or greater between the brightness of the building’s main entrance(s) and all other building surfaces visible from adjacent properties will be maintained, as measured by a luminance meter.
Mark Buxbaum See proposed Muni Code Section 24.12.185.17 Lighting.
Goal: To ensure that exterior public areas of buildings are well‐lit for safety, while minimizing the negative effects of glare, light trespass, and light pollution, thereby helping to make new development Dark Sky friendly.
Jeff Parry
1. All exterior lighting shall meet the requirements, including being dimmable and controllable, specified in California Title 24 and the Green Building Ordinance currently enforced by the City of Santa Cruz. In addition:
Jeff Parry The California building code will apply to all new development and redevelopment within the City.
2. Individual exterior luminaires shall not exceed 1,260 lumens. Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
3. All light sources greater than 30 lumens shall be fully shielded, such that the light source cannot be directly seen at eye level by a pedestrian or from an existing residential window or balcony within 200 feet, or from any position above the horizon.
Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
4. The height of luminaires shall not exceed 15 feet above grade. Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
5. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 2200 Kelvin.
Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting. Staff recommends 3000 Kelvin after consulting with Public Works.
6. No lighting visible from the exterior of the building shall blink, flash or flicker. Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
21.703
7. After accounting for illuminance provided by existing street lighting and other public lighting sources, nighttime lighting which is sufficient for wayfinding shall be provided at parking lots, pedestrian pathways, outdoor gathering spaces, and building entries.
Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
8. The main entrance(s) to the building and their immediate surrounds within 10 feet, shall have the brightest surfaces visible at night. All other building surface areas visible from adjacent properties, and larger than 6” in any dimension, will maintain luminances less than 33% of the entrance. In other words, a ratio of 3:1 or greater between the brightness of the building’s main entrance(s) and all other building surfaces visible from adjacent properties will be maintained, as measured by a luminance meter.
Jeff Parry See proposed Muni Code Section 24.12.185.17 Lighting.
H. Lighting [re‐write section per below. COMMENTARY below in brackets provides justification] Lisa Heschong
Goal: To ensure that exterior public areas of buildings are well‐lit for safety, while minimizing the negative effects of glare, light trespass, and light pollution, thereby helping to make new development Dark Sky friendly.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
1. All exterior lighting shall meet the requirements, including being dimmable and controllable, specified in California Title 24 and the Green Building Ordinance currently enforced by the City of Santa Cruz. In addition:
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
2. Individual exterior luminaires shall not exceed 1,260 lumens. Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
3. All light sources greater than 30 lumens shall be fully shielded, such that the light source cannot be directly seen at eye level by a pedestrian or from an existing residential window or balcony within 200 feet, or from any position above the horizon.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
4. The height of luminaires shall not exceed 15 feet above grade. Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.5. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
6. No lighting visible from the exterior of the building shall blink, flash or flicker. Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.7. After accounting for illuminance provided by existing street lighting and other public lighting sources, nighttime lighting which is sufficient for wayfinding shall be provided at parking lots, pedestrian pathways, outdoor gathering spaces, and building entries.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
8. The main entrance(s) to the building and their immediate surrounds within 10 feet, shall have the brightest surfaces visible at night. All other building surface areas visible from adjacent properties, and larger than 6” in any dimension, will maintain luminances less than 33% of the entrance. In other words, a ratio of 3:1 or greater between the brightness of the building’s main entrance(s) and all other building surfaces visible from adjacent properties will be maintained, as measured by a luminance meter.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
21.704
[COMMENTARY: Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #1 Along with the current state building codes, the Green Building Ordinance as adopted and updated by the city of Santa Cruz should be the primary mechanism for enforcing good outdoor lighting. I believe it currently applies to all ‘highrise’ (4 story plus) multifamily dwellings. It should be extended to apply to all Multiuse development, including 2+ stories. Dimming and curfew controls are currently required, along with limits on energy use and BUG ratings..
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #2. Since all luminaires should be shielded, I thought this upper lumen limit should stand alone.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #3. I picked 30 lumens or less as an exception for shielding, since it is similar to a personal flashlight or bike light. I’d be happy to go lower, like 20 lumens. We know that even one of those shining directly in your face can be very glary. (See ‘How many lumens do I need?’ at www.BestFlashlightReport.com. Try it yourself!) While an old style 20‐watt incandescent light bulb might have been acceptable to look at, LEDs are considerably more intense because they are more focused. I picked 200 feet away because it the width of one standard Santa Cruz block.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #4. I picked 15 feet as a maximum mounting height because it the height of pedestrian level lighting throughout Santa Cruz, whereas 18 feet is like a powerful street light. 15 feet will stay within tree canopies, whereas 18 feet will shine down on small trees.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #5. 3000 K is a reasonable upper limit on color temperature. Lower would, of course, be nicer.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #6. I moved this blink/flicker criteria further up the list, since it also defines light sources. Flicker, which can cause migraines and epilepsy, is becoming a well‐defined technical term which would be good to get into the standard. It also clarifies that we don’t mean dimming, which is required by code.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section. #7. The goal for exterior building lighting should primarily be ‘wayfinding’—so you can easily determine where you want to go, including escape paths—not ‘safety and security’ which is poorly defined, and becomes a ‘can of loop‐hole worms’ which can never be proven or satisfied. Very low‐level light sources in paving or handrails is now considered state‐of‐the‐art and can provide excellent ‘way‐finding’. (see entrance to boat yard at Santa Cruz Yacht club and recent Class A highrises in Manhattan…) Also, any requirement for additional lighting must account for what light sources are already existing, so we don’t unnecessarily add more light pollution.
Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
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#8. Proposed language (‘Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties’) is vague. It would seem the intent is to avoid glare and highlighting unsightly areas, but the language is unenforceable. Instead, good civic design should require that the building entrance(s) should be the main visual event, helping people orient and pay most attention to safety at important transitional zones. Everywhere else should be visually secondary. Humans perceive brightness (luminance) on a log scale, so 3:1 ratio means other surfaces will appear about ½ as bright. This brightness ratio requirement also helps solves the intent of the previous #3 (service areas)] Lisa Heschong These comments are repeats of those of Jeff Parry, above. See responses in that section.
Regarding OS and privacy. Objective standards around privacy from new developments are standard in Australia. I offer them to be seriously considered since existing single family homes have the most to lose.
Gillian Greensite Proposed Muni Code Section 24.12.185.10 Neighborhood Transitions was addedd to address concerns about privacy, shade and context. Privacy for one residential use will not be prioritized over privacy of another residential use.
The OS for Privacy are: No balconies facing existing single family homes (SFH); windows facing SFH openable only in the upper third; no clear glass on windows facing SFH.
Gillian Greensite Buildings incorporating private balconies will be required to increase setbacks to accommodate privacy for both existing and new residents.
I recommend specific lighting restrictions that, while providing adequate lighting for safety and security, eliminate all off property light trespass, restrict lighting temperature to a max of 2700K and require shielding to eliminate glare.
Mark See proposed Muni Code Section 24.12.185.17 Lighting. Staff recommends 3000 Kelvin after consulting with Public Works.
1. Projects with 50 or more units shall allocate a minimum of 5% of the 25% inclusionary requirement to very low income units.
Jane Mio A standard adjusting the inclusionary requirements will need additional study and analysis to ensure it will not have the effect of chilling overall housing production. The current standard is a minimum of 20% of the units provided available at the Low‐Income level.
2. Provide options that eliminate a Project's light and noise pollution according to Title 24 Standards and General Plan.
Jane Mio All development is required to meet the standards in the General Plan for noise. See standards for Lighting in proposed Muni Code Section 24.12.185.17
3. Require projects incorporate renewable energy resources, rain harvesting and environmental friendly building materials.
Jane Mio The City's Green Building Program requires all new residential building to exceed the requirements of the building code in terms of renewable resources, water efficienty, waste diversion and choosing greener building materials.
4. Require professional documentation that the project will not adversely impact the terrain by grading, soil removed and drilling.
Jane Mio The California Building Standards codes ensure that all new buildings are constructed in a manner that is safe for both the occupants and surrounding community. Additionally, projects that involve grading in excess of 5,000 cubic yards of soil require an Engineered Grading Permit, involving analysis and recommendations of a licensed Geotechnical Engineer.
5. Require 100 feet set‐backs from Watershed bodies. Jane Mio The City's Creeks and Wetlands plan includes required setbacks for buildings, activity, and other structures adjacent to the City's many waterbodies. See more information on the City's website: https://www.cityofsantacruz.com/government/city‐departments/planning‐and‐community‐development/area‐plans‐planning‐documents‐projects/city‐wide‐creeks‐and‐wetlands‐management‐plan
6. Require project landscapes that sustain the local biodiversity with native vegetation. Jane Mio See Standards for Landscaping in Muni Code Section 24.12.125 and proposed Section
24.12.185.8 Landscape and Buffering.
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• As we heard from Council, the disparity in density between the “Eastside triangle”, Ocean St, and Mission St is both glaring and a lightning rod for opposition to the Objective Standards. Despite many arguments put forth to justify this (shallower lots, State right of way, need for a 5‐year public process, etc.), the proposed pattern will locate dense housing about as far away from jobs and the University as can be accomplished within our city limits. This will inevitably lead to congestion and degraded air quality. Conversely, encouraging taller, more dense development on Ocean St and Mission St will reduce those issues. In addition, the enhanced density changes on Mission St should extend all the way to Swift St, rather than ending at / near Miramar. There are plenty of larger C‐C parcels along that additional stretch of Mission St that can be developed to site housing where it’s needed.
Doug Engfer The project to develop objective zoning standards does not include any work to change the existing planned Land Use Pattern. The suggestions made here are considerations that will be undertaken with the next General Plan update. • We need to look deeper into ways to create objective standards that protect public health and privacy – specifically by reducing shading effects and views into existing residential homes and yards. I simply do not accept that it’s “impossible” to capture such guidelines objectively. Privacy can be assured by eliminating balconies, openable windows, and clear glass that overlooks existing private residential properties (as was suggested by a member of the public on 30 November). Shading can be restricted based on (1) time of year and (2) daily duration of shading – I believe that the chair of the Planning Commission has made quite specific suggestions here.
Doug Engfer Shading: Staff and consultants evaluated various options for reducing shading from new structures including: increasing setbacks, allowing increased height, shifting building footprints on sites, and reducing required parking. None of the options was able to produce a net zero change in the shading of adjacent sites when the new development is located south of affected properties. Further, staff as searched for evidence of shade as a public health impact and found no research to support such a claim.Privacy: Standards that prohibit balconies, opening windows, or transparent glass oriented toward existing Single Family Homes or within a stated distance of existing homes could be established in an objective manner. Staff is not recommending such standards due to the community's expressed desire to create new housing that is of a high quality and promotes equity between new and existing residents. Such restrictions would prevent some dwelling units from having access private open space and place those residents at a reduced amenity level relative to their neighbors both within the new development and the surrounding neighborhood, reinforcing patterns of inequity. • Since we are amending the General Plan language, I would suggest that the definition of Dwelling Unit (DU) be adjusted. Specifically, SOUs, SROs, and 1‐bedroom units should not be ignored in evaluating project DU densities, especially for higher unit‐count projects. I would suggest that they be counted fractionally (1/2 unit each?), mindful that these DUs do, indeed, contribute to the impacts of increased development and density. This approach would also help to moderate the impacts of absurd projects like 831 Water, where 140 units are being placed on a 0.9‐acre lot just over 100’ deep, within feet of existing residential homes.
Doug Engfer An objective standard could be written to incorporate this idea. It would require an amendment to the text of the General Plan and the drafting of some new requirements in the Municipal Code. Under the governing state laws, the City would need to show conclusively that the creation of any new limit on dwelling unit density does not effectively change the existing allowable development intensity.
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• Mindful of the work that Staff has done on the Objective Standards over the past year, including test fits, etc., and the preceding topic on the Council agenda (6th round RHNA targets), I had expected to hear some discussion of the potential impact of these standards on our ability to develop a viable Housing Element. I was disappointed that neither Staff nor the Council raised that question, especially after Staff had indicated concerns about the ability to develop a viable Housing Element under 6th round RHNA and our General Plan.
Doug Engfer Meeting the requirements of the 6th cycle RHNA will require zoning additional land to accommodate multi‐family housing. The analysis to determine the precise extent of the rezonings will occur during the initial phase of the Housing Element likely completed in early 2023. o So: assuming build‐out of the designated parcels to target densities (assuming no density bonuses), what would be the net gain in housing units under the proposed Objective Standards? Doug Engfer In January of 2020, staff estimated the total build‐out capacity of the 91 MXHD parcels identified in the 2030 General Plan (absent any Density Bonus) at between 2600 and 2700 dwelling units. This is likely an over‐estimate based on the methodology used. No development estimate has been calculated for other land use designations in the City, and this will be one of the initial tasks for the preparation of the next Housing Element and will therefore likely be completed in early 2023.
In closing, I believe that Staff needs to take a more comprehensive view when pursuing this work. To the goal of “doing it right” without “doing it twice”, Staff should take the initiative to move some density around in order to encourage the development of more dense housing where it can be accommodated throughout town, cognizant of where there is truly high‐quality transit (15‐minute headways), where the jobs are, and where the students are. Staff should also take advantage of the increased densities attendant on the expanded Downtown Area Plan as a target for some density transfers. Choosing not to do this now only opens the process up to continuing deep opposition and delays, thus leaving the city still subject to effective State control of our local zoning and planning.
Doug Engfer Staff discussed this option with the City Council previously and received direction to complete the zoning standards before contemplating any adjustment to the approved land use pattern in the adopted 2030 General Plan.
II. F. Architectural Detail Len Beyea6. For buildings located at the intersection of two or more thoroughfares with at least 30’ of frontage on both thoroughfares, a principal entrance shall be located at the corner of the building, facing the center of the intersection +/‐ 10 Len Beyea See proposed Muni Code Section 24.12.185.15 for an accommodation of this site configuration. The project team feels requiring this precise location of the entrance may be too restrictive to apply to all potential building sites.
II. G. 1. Why are panelized materials prohibited on public frontages? It is appropriate to restrict these materials where the building is constructed to the property line, but if the building is set back (e.g. a minimum of 2’), or on stories above the ground floor, such materials are commonly used, and can in many cases reduce construction costs. This is especially true behind “green walls”.
Len Beyea See proposed Muni Code Section 24.12.185.16 Building Materials. These materials do not age as well as higher quality materials and are therefore prohibited on a public frontage. Because they can be highly cost‐effective, these materials are permitted on other building faces.
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II. H. 5. States that “Outdoor lights shall not blink, flash, or change intensity.” Blinking and flashing would obviously create a nuisance. However, outdoor area lighting currently available (and existing in such places as the Cruzio/Ecology Action parking lot) change intensity based on the detection of motion, going from a dim setting when no motion is detected to a brighter setting when motion is detected. This is not only a common technology, but also an essential element for energy efficiency. It is recommended that this provision be amended to read “… or change intensity, except for parking or area lighting fixtures with cutoff optics that change automatically between low and high settings in response to motion.” Len Beyea See proposed Muni Code section 24.12.185.17 Lighting. This standard has been clarified to allow motion‐sensitive lighting.
Building shading Len BeyeaI. Shading Envelope Len BeyeaGoal: To establish a minimum standard of access to natural daylight and solar energy for adjacent properties, and to reduce visual bulk of building.
Len Beyea
For properties bordered on the north by residential districts, the façade(s) of the building facing within 60 of true north and adjoining walls and roof lines shall fit below an imaginary plane extending from a height of 35’ at the setback line applicable to the respective façade at an angle of 33 above horizontal.
Len Beyea See proposed Muni Code Section 24.12.185.10 Neighborhood Transition. A 45‐degree plane is recommended to maintain buildability.
For properties bordered on the north by commercial or mixed‐use districts, or by a public street or open space, the façade(s) of the building facing within 60 of true north and adjoining walls and roof lines shall fit below an imaginary plane extending from a height of 48’ at the setback line applicable to the respective façade at an angle of 33 above horizontal.
Len Beyea See proposed Muni Code Section 24.12.185.10 Neighborhood Transition. A 45‐degree plane is recommended to maintain buildability.
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From: Candace Brown
To: City Plan
Cc: Candace Brown
Subject: Candace Brown - SCPC Meeting Item #4: Objective Design Standards, 2 June 2022 Date: Wednesday, June 01, 2022 12:00:56 PM
June 1 2022
To: Planning Commission – June 2, 2022
From: Candace Brown
RE: Objective Standards Agenda Item
Thank you for all the effort so far and note that these standards are really only a first draft.
Please ensure that the standards allow for further changes as was clearly needed during the TPWC discussion and seen as a first draft. Any changes that effect density must be deferred until the final draft is determined including by the TPWC. As a member, we were not afforded information at the State Mandate impacts on the draft review and also Planning Staff were not present.
The Objective Standards are presented to address recent State Law Mandates.
FAMILIES AND CHILDREN AMENITIES:
I would hope that families would be considered in the Objective Standards and was surprised to see that was not the case.
ACTION: If a third of the town are families, then why is there no accommodation for 2- bedroom and above facilities with language to accommodate children such as below from Santa Rosa Objective Standards:
Multifamily developments (except Senior restricted multifamily developments) outside the
Downtown Station Area Specific Plan boundary exceeding 22-bedroom units shall have two outdoor areas, one for adults and one for a child play area. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating.
Multifamily developments (except Senior restricted multifamily developments) outside the
Downtown Station Area Specific Plan boundary exceeding 100 units shall have three open space areas, one for adults, one for teenagers, and one for younger children. For the purpose of
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this standard, adult open space does not include play equipment, but does include tables with seating, and teenage outdoor areas include sports fields, age-appropriate park equipment, or other recreational equipment.
Play equipment for children under the age of five shall be included in child play areas.
The play area must be visible to as many units as possible to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.
SHADING / SUNLIGHT ACCESS – EQUITY ISSUE
They also must address the controversial conflicts that arise between mid-rise (up to 8 stories with EXISTING ZONING) and FURTHER HIGH-RISE buildings if there are ANY height changes allowed) next to single family homes WITHOUT ANY transition of arterial streets, neighborhood streets, service alleys, paseos, courtyards, or missing middle housing.
To ignore shading of adjoining properties for miles primarily on the Eastside of Santa Cruz is to ignore just ONE of the elephants in the room when it comes to the Corridor Plan controversy.
While the 45-degree angle above 35 feet has some effect, it is not played out at the maximum height shadow impact even with a basic square building under the existing zoning with inclusionary housing or with the State Density bonus. It is noted that “test fits” to find whether the mass of the building and parking can exist and so modelling in the case of sunlight impacts is also possible.
ACTION: There should be NO HEIGHT INCREASES until these studies are done.
With existing Zoning and High-Density Bonus at 831 Water, Novin Development said they could build an 8-story building.
Further to say that the Staff could not finding any lighting or shading impact studies was also surprising. I was able to pull up studies within half an hour such as:
National Geographic – July 29, 2020 – How “nature deprived” neighborhoods impact the health of people of color
It is noteworthy that much of the Corridors is along City designated “Opportunity Zones” which are areas of Seniors and Latinx and lower income in general. How is this equitable? Psychological-Impact of Light and Color by TCPI.com 2017 ACTION: It is a discussion of Seasonal Affective Disorder (SAD) and Circadian Rhythm impacts. Surely Health-in-All policies should be considered in any change of City policy that impact a majority of Santa Cruz residents.
On Shade and Shadow – A Case Study on the Impacts of Overshading by Tall Buildings on Toronto’s greenspaces.
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There are a number of reference citations in this article alone.
ROOF FORM – ROOF HEIGHT and ROOF ACTIVITY NOISE MITIGATION? ACTION: There is no clear objective standard that allows one to determine the maximum height at the top of the roof line. There should be a stated maximum height rather than an average of the mid-point based on the number of roof peaks including dormers. This has been an issue at previously Planning Commissions for many years.
ACTION: Roof top activities – There is a need to flesh out the impacts of noise as was the case at 831 Water and therefore the plans were changed.
UNBUNDED PARKING:
ACTION: Change language to not allow off-street parking spaces to be sold off for purchased dwelling units. What would stop someone from buying blocks of units and selling the parking lot? Allowing it would restrict use later if it was transformed to Commercial space.
PARKING SPACE:
24.12.240 Number of parking spaces required – SRO PARKING – Do not reduce it by one-quarter space.
These developments on the “Corridors” do not already have established Parking Districts as seen in the Downtown District. To rob someone of a parking space is an equity issue. At 708 Water, there are 41 very low-income affordable housing units (and 20% are for developmentally disabled). I and others did evening studies of the available parking and found the area was completely parked out at night. We convinced the developer, Jim Rendler of Future Housing Now, with the clear data to stay with 1 parking space per unit. The Property Manager notes that there is less than a handful of parking spaces available in the lot.
If they had followed the allowing parking of half space per unit and one-third space for the 20%, they could not have safely served their tenants.
To assume that having a nearby bus stop is adequate transit replacement for someone to get to their destination is simply ignoring the facts. That is not ‘TRANSIT-ORIENTED DEVELOPMENT”. The only Corridor that is a “Transit-Rich” Arterial Street is Bay Street.
The analysis was done here for Santa Cruz if you wish to review. https://transitrichhousing.org/
As you may know, I have always found that the Corridor Plan was very problematic because it was founded on unequitable decision-making by those that wished to ensure that high-density development is away from the University and the Westside primarily. It is also not a “TransitRich” Corridor as is the case Downtown and along Bay Street up to the University. And
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finally, the Corridor Plan proposes to use primarily existing Neighborhood Commercial areas servicing primarily the Eastside – 91 parcels and at the maximum projection creates development space for 2,600-2,700 units (per the Staff own assessment). It means that those businesses no longer service the surrounding Community and that will increase the need for families to go out of the town or across town for their basic needs.
The least that can be done is to ensure that any mitigation is afforded those that are being so heavily impacted.
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From: Doug Engfer
To: City Plan
Cc: Doug Engfer
Subject: SCPC Meeting Item #4: Objective Design Standards, 2 June 2022 Date: Wednesday, June 01, 2022 10:50:01 AM
Attachments: TPWC Agenda Item 5 (May 16 2022) Objective Development Standards.eml.msg TPWC 5-16-22 Packet Public Works Proposed Objective Standards.pdf I would like to thank staff for their ongoing and diligent efforts to craft a body of enforceable objective design and development standards for our town. As we’ve seen in the recent past, the lack of such standards has left open the door for insensitive, out-of-scale developments to be proposed and, under State law, subject to ministerial review. I hope that the current process can result in enforceable (and enforced!) standards that allow us to accommodate reasonable growth in a manner that is respectful of the interests and rights of all of our citizens.
To that end, given the public process under which these standards are being developed, it’s up to the City’s advisory bodies and, ultimately, the City Council, to ensure that the standards are well-crafted and represent our community well. I appreciate the work that Staff has done to attend to the many and varied comments made by members of the public; I will admit that I wish that Staff had been more responsive to some of them, however. I appreciate the improved language around archaeological survey results enforcement, for example. On the other hand, I think that Staff needs to look deeper into ways to ameliorate the shading impacts of tall developments placed immediately adjacent to existing residences. Specifically, common-sense evaluation of the unavoidable health and personal impacts of living shaded for months out of the year can and should be characterized. Further, given the State’s mandate for rooftop solar on new residential development, ensuring that new developments do NOT impact existing or potential rooftop solar installation should be addressed. The proposed standards fall short on these concerns. I ask the Commission to either remedy these issues, or direct Staff to do so.
As regards the draft Transportation and Public Works (TPW) standards, I submitted a body of comments and markup to the TPW Commission (TPWC) prior to their meeting on the subject.
I was unable to attend that meeting due to a scheduling conflict, but learned that TPW staff largely deferred to Planning regarding draft standards language. Now I see Planning staff deferring to TPW staff on these standards. My comments and questions largely went to issues of drafting - many of the proposed draft standards were clearly not objective in nature, or relied solely on TPW staff judgement. Unenforceable standards invite challenges and litigation. Without re-hashing these comments (they are in the TPWC public record and are attached), I would expect that someone would take responsibility for fixing this language before the draft standards are finalized. I would ask that the Planning Commission ensure that there is clear responsibility for getting this language right the first time.
Members of the Commission know that I have supported densification along our transit corridors, and improved public transit service and access, as the smart way to accommodate growth in our community (as opposed to creeping densification of much of the entire city).
Enforceable (and enforced!) standards are the only way to ensure that that densification happens in a way that respects the rights and interests of our current citizens, while creating opportunity for new folks to join our community. It’s critical that development standards reflect our evolving vision of our city, not just the self-interests of ambitious developers. In the main, these design standards work in the right direction, and I again commend Staff for their diligent work and their efforts to engage with the community. It’s up to the Commission now to ensure that these standards are the best that they can be, and that they do not leave us
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unreasonably subject to the whims of Sacramento and litigious activists.
Regrettably, I am unable to participate in this week’s Commission meeting, due to a previously-planned family obligation. Thank you in advance for your efforts here.
I stand with Ukraine.
Doug Engfer
Santa Cruz
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From: Doug Engfer
To: TPWC
Bcc: Candace Brown
Subject: TPWC Agenda Item 5 (May 16, 2022): Objective Development Standards I write today with respect to Item 5 on the Commission’s agenda for May 16, 2022: Objective Development Standards.
Upon reviewing this item's materials from the meeting packet, I’m struck by a few things:
I appreciate the thoroughness of the work that Staff has done; they are looking deeply and broadly at the issue, and trying to “firm up” our standards in an objective and defensible way. This is important and timely work that deserves and demands both broad perspective and diligent attention. Thank you!
That said, I note that there is a lot of “non-objective” language still in the document, along with vague references to judgement calls by developers or staff: “adequate, attractively designed, and functional”, “durable”, “where needed”, and “The City Engineer may…grant exceptions...”, for example. In the SB35 discussions relating to 831 Water (the City’s first and still only SB35 application), it was clear that such vague language, or items open to staff discretion, were deemed, a priori, not objective, and therefore non-operative in assessing the compliance of that proposed development with our community’s standards and expectations. Those standards were simply waived in any such discussions. It would be a shame for Staff’s good work here to be mooted should a developer or litigant challenge the standards language on these grounds.
I have marked up the attached document, identifying language that caught my eye as troubling in this respect. I may not have caught all of it, though. I think that a thorough review of the language, perhaps informed by an opinion from the City Attorney and/or the Planning Department, is warranted.
The solution would seem to be to either (1) eliminate the non-objective language altogether, or (2) clearly define the objective standards that apply to something like “attractively designed” or “durable” or “where needed”. I would prefer (2) wherever feasible, since this non-objective language does still point toward agreed-upon community standards or expectations. The City Attorney’s perspective would seem helpful here.
As regards some more-specific considerations:
[Page 5.4]
Why change the 50-foot setback from R- District parcels to 20 feet? Similarly, why relax the fence requirement from 8 feet to 6 feet? There should be a provision that service vehicles must be able to enter and exit a property while driving forward, rather than either backing into or out of the property, for public safety and noise-abatement ("beep beep beep") reasons. This would help refine the currently-vague “sufficient room for maneuvering” clause (though that clause would seem to need more work than that).
I will not be able to attend Monday’s meeting, even electronically. I hope that the Commission and Staff will give these suggestions due consideration.
Once again, I thank the Commission and Staff for their service to our community.
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Doug Engfer
Santa Cruz CA
[The attachment TPWC 5-16-22 Packet Public Works Proposed Objective Standards.pdf has been manually removed]
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CITY OF SANTA CRUZ
City Hall
809 Center Street
Santa Cruz, California 95060
PLANNING COMMISSION
ACTION SUMMARY
Regular Meeting
June 2, 2022
7:00 P.M. GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, ZOOM WEBINAR Call to Order-The meeting was called to order at 7:01 p.m.
Roll Call-Commissioners Conway, Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, and Dawson were present.
Statements of Disqualification-None.
Oral Communications-None.
Approval of Minutes
1. Approval of the Minutes of May 19, 2022.
MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Kennedy, to approve the minutes of May 19, 2022.
ACTION: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Mesiti-Miller, Schiffrin ABSTAIN: Dawson, Maxwell
Consent Public Hearings
2. 555 Pacific Avenue Project Number: CP22-0065 Ordinance for second Amendment of the Development Agreement (DA) to convert 94 Small Ownership Units (SOUs) to a 100% rental project subject to the City’s current inclusionary requirement of 20% in perpetuity at 555 Pacific Avenue.
21.733
MOTION: Motion made by Commissioner Conway, seconded by Commissioner Kennedy, to recommend that the City Council approve the attached Ordinance for the second Amendment of the Development Agreement and related documents in a form to be approved by the City Attorney.
ACTION: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson.
NOES: None
3. 109 South Rapetta Rd. Project Number: CP21-0060 Final Map Amendment and Major Modification to Planned Development Permit #97-279 to amend the El Rancho Carbonera subdivision map and modify Lot B to allow for residential development on a parcel located in the R-1-7 zone district.
Item pulled from the consent public hearing by the Chairperson.
MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to continue this item to the July 16, 2022 regular meeting of the Planning Commission.
ACTION: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson NOES: None
MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Greenberg to reconsider the 109 S. Rapetta item.
ACTION: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson NOES: None
MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to continue this item to a special meeting of the Planning Commission on June 30, 2022 at 7:00 p.m.
ACTION: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson NOES: None
21.734
Public Hearings
4. Objective Development Standards for Multi-Family and Mixed-Use Housing Ordinance Amendments
MAIN MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Kennedy, to approve the staff recommendations with a series of amendments that will be voted upon separately as listed below:
MOTION TO AMEND THE MOTION ON THE FLOOR: Motion made by Commissioner Schiffrin, seconded by Chairperson Dawson, to amend the main motion to include an objective standard to limit building heights within the corridor to no more than two stories higher than the adjacent residential structures.
ACTION ON THE MOTION TO AMEND: Commissioner Schiffrin withdrew the motion to amend the main motion on the floor, with a request that staff cite the language of the law in the Housing Accountability Act prohibiting a height restriction, either in a memo or email.
FRIENDLY AMENDMENT TO MAIN MOTION: Commissioner Kennedy requests that the motion to amend the main motion on the floor to include a friendly amendment that all windows facing the main street shall not be a material made of PVC. Commissioner Schiffrin accepts the friendly amendment to the motion to amend the main motion. After further discussion, Commissioner Schiffrin withdrew his support of this friendly amendment to the motion to amend the main motion.
ACTION: Chairperson Dawson divided the question on vinyl window restriction being included in the main motion.
MOTION TO AMEND THE MAIN MOTION: Motion made by Commissioner Kennedy, seconded by Commissioner Schiffrin, to amend the main motion to include an objective standard that all windows facing the main streets shall be made of a material other than PVC.
ACTION: The motion to amend the main motion passed by the following vote:
AYES: Conway, Kennedy, Maxwell, Schiffrin
NOES: Greenberg, Mesiti-Miller, Dawson
MOTION TO AMEND THE MOTION: Motion to amend the main motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to include an objective standard to require free bus passes for residents in rental projects with 50 or more units. Commissioner Maxwell requests a friendly amendment to the motion to amend the motion on the floor that the free bus passes to be provided would be upon the request of the tenants. Commissioner Schiffrin accepted the friendly amendment. The amended motion to amend now reads:
Motion to amend the main motion to include an objective standard to require
21.735
free bus passes be provided to tenants in rental projects with 50 units or more, upon request of the tenant.
ACTION: The motion to amend the main motion passed upon the following vote:
AYES: Greenberg, Kennedy, Maxwell, Schiffrin, Dawson
NOES: Conway, Mesiti-Miller
MOTION TO AMEND THE MOTION: Motion to amend the main motion made by Commissioner Schiffrin to include an objective standard that would prohibit net increase of greenhouse gas emissions from development projects of 25 units or greater.
ACTION: Commissioner Schiffrin withdrew the motion to amend the motion on the floor.
MOTION TO AMEND THE MOTION: Motion to amend the main motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to include an objective standard requiring projects with a base density of 50 or more units shall have a 25 percent inclusionary requirement.
ACTION: The motion to amend the motion on the floor passed by the following vote:
AYES: Greenberg, Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
MOTION TO AMEND THE MOTION ON: Motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to amend the main motion to include an objective standard requiring projects with a base density of 100 or more units shall have an inclusionary requirement of 30 percent.
ACTION: The motion to amend the main motion passed by the following vote:
AYES: Greenberg, Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
Chairperson Dawson divides the question into the main motion with the amendments including the vinyl window restriction and bus pass for MOTION: Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Conway, to divide the motion on the floor into component parts as follows: the main motion is voted on, and then the amendments to the main motion to be voted upon separately.
ACTION: The motion failed by the following vote:
AYES: Conway, Greenberg, Mesiti-Miller
NOES: Kennedy, Maxwell, Schiffrin, Dawson
The Chairperson divides the question to call for two separate votes: a vote on the main motion as amended to include the vinyl window restriction and the
21.736
bus pass provision for tenants (upon their request) in rental projects with 50 or more units objective standards; and a second vote on main motion as amended to include objective standards that developments with 50 or more units shall have a 25 percent inclusionary requirement and developments with 100 or more units shall have a 30 percent inclusionary requirement.
MOTION: Motion to approve the staff recommendation with the following amendments: an objective standard will be added that all windows facing the main streets shall be made of a material other than PVC and an objective standard will be added to require free bus passes be provided to tenants in rental projects with 50 units or more, upon request of the tenant.
ACTION ON THE MAIN MOTION AS AMENDED: The motion passed by the following vote:
AYES: Conway, Greenberg, Kennedy, Maxwell, Schiffrin, Dawson NOES: Mesiti-Miller
MOTION: Motion to approve the staff recommendation with the following amendments: include an objective standard requiring projects with a base density of 50 or more units shall have an inclusionary requirement of 25 percent, and to include an objective standard requiring projects with a base density of 100 or more units shall have an inclusionary requirement of 30 percent.
ACTION ON THE MAIN MOTION AS AMENDED: The main motion as amended passed by the following vote:
AYES: Greenberg, Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
Information Items-Planning and Community Development Director Lee Butler advised the Commission of upcoming items before the Commission and the status of various city projects.
Subcommittee/Advisory Body Oral Reports-None
Items Referred to Future Agendas-None
Adjournment-The meeting was adjourned at 10:19 p.m.
21.737
1 PLANNING COMMISSION
AGENDA REPORT
DATE: June 20, 2022
AGENDA OF:
DEPARTMENT:
June 30, 2022
Planning and Community Development Department
SUBJECT: Objective Development Standards for Multifamily and Mixed-Use Housing Ordinance Amendments (PL)
RECOMMENDATION: Motion to recommend that the City Council approve the proposed amendments to the City of Santa Cruz Municipal Code as presented, including a proposed amendment to the zoning map to create new mixed-use zone districts, including a finding that the public necessity and the general community welfare, and good zoning practice, are served and furthered, and that the proposed amendment is in general conformance with the principles, policies, and land use designations set forth in the General Plan, Local Coastal Plan, and any adopted area plans as recommended by planning staff and find that the proposed ordinance and zoning map amendments are consistent with the EIR previously adopted for the 2030 General Plan and require no further consideration under the California Environmental Quality Act in accordance with section 15183 of Title 14 of the California Code of Regulations.
BACKGROUND: The Objective Development Standards project was initiated to create new standards relating to building form and design as well as to implement recent state housing laws and to reconcile the existing discrepancy between the City’s Zoning Ordinance and the adopted 2030 General. At its June 2, 2022, meeting, Planning Commission passed a motion recommending approval (with some additions) of proposed new objective development standards more specifically relating to building form and design. This report addresses the seond part of the project: proposed amendments in various sections of the Santa Cruz Municipal Code (SCMC) to finalize implementation of state housing laws and aligning the Zoning Ordinance with the 2030 General Plan.
Further background on the overall project is provided in the attached June 2, 2022 Planning Commission Staff Report.
DISCUSSION: This report will discuss amendments to the following Municipal Code Sections:
24.04 and 24.08: These chapters address the administrative processes and procedures for reviewing development applications. These chapters are proposed to be amended to recognize the addition of objective design standards for multifamily housing development and to reflect state law regarding replacement housing requirements.
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2 24.10: This chapter contains the purpose and standards for all of the zone districts in the City. Additional sections are proposed to include new Mixed-Use zone districts, and existing sections are proposed for amendments to conform with the previously-reviewed design standards, the newly-proposed development review process, and other aspects of state law.
24.16: This chapter addresses affordable housing regulations, and proposed amendments address how accessory dwelling units (ADUs) interact with inclusionary housing standards.
24.22: This chapter contains definitions for the Zoning Ordinance. One definition is proposed to be updated, and a new definition is proposed to be added in order to conform with the goals of the objective design standards.
This report will address each of the proposed amendments to the City’s Zoning Ordinance by topic area because certain policy changes are addressed through multiple code sections.
Existing Zone Districts
Several minor yet substantive amendments are proposed for many of the City’s existing zone districts. They breakdown in the following manner:
Multifamily residential zones (R-L and R-M)
Proposed amendments in these zones adjust the manner in which rear- and side-yard setbacks are calculated. The current code creates setbacks in these zones based on the height of the building, with a minimum setback that could scale larger based on the height of the structure. In an effort to ensure that these parcels can be developed to the full capacity identified in the zone district and General Plan, the proposed ordinance moves to a standardized setback for the first two stories of a structure and then adds an additional setback for any floor above the second. An illustration is also proposed to be added to each zone district. These amendments are in Municipal Code Sections 24.10.450 and 24.10.550.
Commercial zones (C-C, C-T, C-N, C-B, P-A, and R-T(C))
The objective design standards reviewed by the Planning Commission at a previous hearing include requirements for active commercial uses at the street frontage. Because existing zones each have a unique purpose and mix of allowed uses at different levels of review, the proposed amendments in the commercial zone districts add “Uses for Active Frontage” as a new category of uses within each zone, at each level of review, identifying the commercial uses that can fulfill the requirement of providing ground-floor active uses, with the goal to better activate the street frontage through mixed-use development while retaining space for commercial businesses to operate.. In each of these zones, no commercial uses are proposed to be added or removed, and no commercial uses are proposed to have a different level of review than what is currently required. Uses for Active Frontage may be principally permitted, or may need a use permit or special use permit, as those same uses currently require.
Mixed commercial and residential developments in these zones have been uniformly identified as principally permitted uses, regardless of the number of units proposed. Exclusively residential development in the Commercial zones will be limited to sites in the C-C or R-T(C) zones, and residential units at the site frontage will be required to be constructed as live-work units.
Additionally, the existing allowance for single-room occupancy (SRO) units in these zones will
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3 be maintained, with SRO development being excluded from the requirement for either commercial uses or live-work units on the ground floor. This exclusion is necessary in order to comply with the “no net loss” provision in the Housing Crisis Act. In these two zones, SROs are currently allowed to occupy the full amount of Floor Area Ratio (FAR) on a given site, so any requirement to include a commercial use, or a unit larger than an SRO unit (as would be the case with a live-work unit), could be viewed as a reduction to the capacity for housing on these sites.
For these reasons the proposed amendments encourage, but do not require, these uses to develop with a commercial frontage.Because all commercial zones are governed by a limitation on FAR in the General Plan, which limits building volume, the required amount of open space is also proposed to be adjusted to be more in line with urban multifamily development and project feasibility.
The referenced changes in this subsection are in SCMC Sections 24.10.700 (C-C), 24.10.900 (CT) 24.10.1000 (C-N), 24.10.1100 (C-B) and 24.10.1200 (P-A). A map of the City’s existing zone districts can be accessed through the City’s GIS department via the City website.
New Mixed-Use Zone Districts
Six new zone districts are proposed to be added to Chapter 24.10 to implement the vision and land use pattern established in the City’s 2030 General Plan and the Ocean Street Area Plan (OSAP). These zones will implement the three mixed-use General Plan land use designations that have been in place in Santa Cruz since the 2030 General Plan was adopted in 2012, as well as the height ranges adopted in the OSAP in 2014. The six new zones consist of four zones along Ocean Street, one zone along Mission Street, and one zone along Soquel Avenue/Branciforte Avenue/Water Street/Morrissey Boulevard. The locations of these new zones are shown in the attached Mixed-Use Zone District Maps. The zone districts and the purpose of each is listed below. A summary of the site standards for each zone is included as an attachment.
The six new zones are:
24.10.800 Mixed-Use, Medium Density (MU-M): 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. Also refer to Section 24.12.185 for design standards.
24.10.810 Mixed-Use, High Density (MU-H): To promote the development of a harmonious mixture of a wide variety of commercial activities that stabilize and protect the commercial characteristics of the district while also supporting a walkable, dynamic, and efficient environment for residents, businesses, and workers. Development could include limited industrial uses, if they are compatible and nuisance free in conjunction with condominiums and apartments. Also refer to Section 24.12.185 for design standards
24.10.820 Mixed-Use, Ocean Medium Density (MU-OM): 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
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4 and visitors consistent with the Ocean Street Area Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.10.830 Mixed-Use, Ocean High Density (MU-OH): To encourage high-quality neighborhoodand 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, while 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. Also refer to Section
24.12.185 and the Ocean Street Area Plan for design standards.
24.10.840 Mixed-Use, Visitor-Serving High Density (MU-VH): To encourage high-quality visitor-serving commercial development along Ocean Street and parts of Soquel Avenue, particularly hotels and motels, while accommodating other multi-story commercial development and supporting high-density housing within mixed-use developments that promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.24.10.850 Mixed-Use, Visitor Additional Height (MU-VA): To encourage high-quality visitor-serving commercial development as well as high-intensity residential mixed-use development along Ocean Street Soquel Avenue and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and high-density mixed-use developments within larger buildings oriented toward Ocean Street and Soquel Avenue, while using building height and massing to create a sense of place that promotes a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
No General Plan amendments are proposed at this time; each new zone district corresponds to a specific General Plan Land Use Designation in place since the adoption of the 2030 General Plan in 2012. The 2030 General Plan uses Floor Area Ratio (FAR: ratio of floor area square footage within a building to the square footage of a parcel) to set the amount of development allowed on a given site. In the Mixed Use High Density (MXHD) and Mixed Use Visitor Commercial (MXVC), the FAR in the General Plan is 2.75, and for the Mixed Use Medium Density (MXMD) designation, the FAR is 1.75. The General Plan development intensity does not align with the current zoning standards, so changes to standards such as height, setbacks, and open space requirements are necessary in order to comply with state law. The MU-H zone district implements the MXHD General Plan designation with an FAR of 1.0 to 2.75, the MU-VH and MU-VA zone districts implement the MXVC General Plan designation with an FAR of 1.0 to
2.75, and the MU-M, MU-OM, and MU-OH zone districts implement the MXMD General Plan designation with an FAR of .75 to 1.75
Planning staff determined the degree of the mismatch between the FAR and the development standards of the current zoning code through “test-fit” analyses, where hypothetical projects were modeled in several locations to determine to what degree they accommodated the development intensity allowed by the General Plan. These test-fits were previously presented to the Planning Commission and the City Council on January 7, 2021 and March 9, 2021,
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5 respectively. In these new zones, additional stories of height are proposed to address the discrepancies identified through that analysis. For example, properties in the proposed MU-H zone will have an allowed height of five stories and 60 feet of height, rather than the three stories and 40 feet of height currently allowed in the Community Commercial zone. Increasing the height in these districts does not change the total amount of development allowed relative to the existing condition because, since the beginning of 2019, state law has required that local municipalities allow full build out of the planned development capacity on any parcel where housing is an allowed use, based either on the General Plan or zoning allowance. The law allows existing zoning to be waived if it cannot accommodate a General Plan development capacity, allowing instead zoning standards that accommodate the full development capacity. To that end, these amendments to the zoning ordinance only seek to create more transparency for all users of the document including the general public, staff, developers, and decision makers.
In reviewing the zone district standards, there are a few things to note: in all cases, the uses allowed are largely based on the existing uses that are allowed in the C-C zone district. In the case of the zone districts on Ocean Street (and vicinity), these intensities are combined with height ranges adopted in the OSAP. Based on the goals of the OSAP and the Mixed-Use Visitor Commercial land use designation that identify a priority for visitor-serving and commercial uses along Ocean Street, the Ocean Street zone districts require a lower level of review for lodging and allow for more height in fewer stories than the other two mixed-use districts (MU-M and MU-H). Commercial buildings typically have a higher floor-to-floor height (12-15’) than residential (10’), so this additional building volume is intended to make multi-story commercial development more appealing in those locations, based on the priorities of both the MXVC General Plan designation on Ocean Street, and the goals of the OSAP to promote commercial uses serving local residents and tourists, and providing opportunities for employment.
The zones on Mission and on Soquel/Branciforte/Water/Morrissey are highly focused on allowing for the creation of mixed-use housing development with ground floor commercial spaces. A mix of residential and commercial uses is encouraged in all Mixed-Use Districts, and commercial uses are required, meaning a commercial-only development could still be built in these areas. Residential-only development, however, is not supported. The areas with the mixeduse zones represent the core of the City’s commercial areas, and in order to ensure that these areas remain significant commercial centers with employment, goods, services, and entertainment that promote active transportation, healthy lifestyles, and reduced vehicle trip lengths, these standards require that commercial uses be included.
General Plan Implementation
In creating the zone districts described above, the City is moving closer to fully implementing the vision established by the adopted 2030 General Plan. The properties identified for rezonings are those that already carry one of the three mixed use land use designations in the General Plan, and rezoning them into the new zone districts will make the allowances on these properties clear and accessible. They will also make development or redevelopment a more straightforward process for those interested in pursuing it.
The attached Mixed-Use Zone District Maps show the properties where rezonings are proposed to the respective district identified on each map. In most cases, these parcels are currently zoned Community Commercial (C-C). The limited exceptions are some of the parcels around the intersection of Ocean Street and Barson Street, which are currently zoned Neighborhood Commercial (C-N); a few parcels on Leonard Street which are currently zoned Residential
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6 Multifamily, Low Density (R-L); some parcels on Ocean Street south of Broadway that are currently zoned Residential Multifamily, Medium Density (R-M); and two parcels in the Mission Street Corridor at Mission and Almar – one is currently zoned Industrial (I-G) and one is currently zoned Residential Multifamily, Low Density (R-L).
Development Review Process
With the addition of objective design standards and with state law fundamentally altering the amount of discretion available to local jurisdictions, changes to the developmental review process are proposed. Given the requirement to approve housing development proposals that conform to the objective standards in the City’s various policy documents and the additional certainty about site and building design that is created through objective design standards like the ones recommended by the Commission on June 2, 2022, the proposed amendments seek to reduce the number of development applications that will require a public hearing before either the Zoning Administrator or the Planning Commission.
The proposed review process would maintain the existing requirement for a Design Permit for all new multifamily or mixed-use development proposals. The proposed process would lower the threshold for triggering that permit from three units or more to two units or more though in order to fully comply with the Housing Accountability Act, which requires the use of objective standards when reviewing any multifamily development project. By requiring a Design Permit, the City ensures that the right to appeal a project approval is maintained and that the California Environmental Quality Act will continue to apply to the extent possible. Further, regardless of the level of review, the City’s Community Outreach Policy will remain unchanged for multifamily development proposals, creating an opportunity for nearby residents to be notified of new development proposals and to participate in a discussion with the project developer about the proposal prior to the completion of the review by City staff.
Because the objective design standards for multifamily and mixed-use housing are new, and limited to features of site and building design, staff and the consultant team understand the possibility that development proposals may need or desire to vary from one or more of the standards to some degree. For example, the standards for building articulation require that a building be articulated (in one of three ways) at least once for every 30 feet of frontage. There could be a situation where a site would require four such articulations based on a strict application of the standards, but the developer is proposing a design that includes only three articulations due to construction constraints. Staff is interested in supporting housing development and also faithfully implementing the standards that have been drafted through extensive community participation. To this end the proposed ordinance would allow for alternative designs only when a public hearing is held, and the hearing body can make certain findings.
The proposed review process would establish three tiers of review for projects including multifamily housing units. In the first tier, fully-compliant proposals are eligible for administrative review by planning staff. Staff would need to make a finding of consistency with all the requirements of the City’s General Plan, Municipal Code, and other policies governing land development, including all of the applicable standards in the objective design standards Section 24.12.185 (available in the attached June 2, 2022 Planning Commission packet materials)..
In the second tier, projects that seek to vary from no more than five of the proposed objective design standards of Section 24.12.185 will have their project reviewed by the Zoning
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7 Administrator at a noticed public hearing. In the third tier, projects that seek to vary from more than five of the design standards will have their alternative designs reviewed by the Planning Commission at a noticed public hearing. At a public hearing, the hearing body will consider the merits of the proposed alternative design relative to the goal established for each of the standards from which they are proposing to vary. For example, if a project proposed to provide only one finish material on a particular façade, rather than the mix of two or more required by the objective design standards, the Zoning Administrator or Planning Commission would need to find that the alternative met the goal stated in the code section on Building Materials which is:
“To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment.” These proposed new procedures are implemented in code Sections 24.04.090, 24.04.130, and
24.08.400 et seq.
Other processes to vary from design and development standards Both the City and the State of California provide housing developers with a variety of tools to pursue development applications that do not comply with all provisions of the Municipal Code and other land use regulations. These tools include using a local or state density bonus or applying for a variance, development agreement, or planned development. Each of these tools could allow a project proponent to request relief from any of the development standards already in the Municipal Code, and from any of the new design standards recently proposed. Each of these processes has their own rules and allowances, and all will require review at a public hearing, enabling the hearing body to exercise their discretion and place conditions on a project.
In the case of density bonus applications specifically, site standards can be waived when they limit the ability of a project to physically develop the number of units they are able to request.
The most commonly reqested waivers are for standards like height, FAR, setbacks and parking requirements. Relief from standards for building design features such as materials, dimensions of required commercial space, and landscaping could be requested as concessions necessary to make a development financially feasible, but the number of concessions a project may include is limited. Fully affordable development may request up to four concessions, and a project meeting the City’s current inclusionary requirement would be limited to two concessions.
Inclusionary ADUs and Replacement Housing
The proposed ordinance amendments will adjust how affordable ADUs can count towards the City’s inclusionary housing requirement.. Currently, the municipal code allows the City Council to designate a proposed ADU as an inclusionary unit as part of a housing development project.
Staff has encountered a number of challenges with implementing this allowance on for-sale, single-family lots as properties are sold to new owners. Additionally, with the change in state law allowing ADUs with multifamily structures, property owners now have the option to add potentially dozens of ADUs to existing multifamily properties (up to 25% of the existing units as Conversion ADUs, plus up to two New Construction ADUs). The proposed amendments would make two changes to the inclusionary requirements. First, the ability for the City Council to identify ADUs as inclusionary units would be eliminated, and the proposed code expressly prohibits inclusionary ADUs as part of single-family development. This means that ADUs could not be used to meet the inclusionary requirement of a primary residential use in the project.
Second, a separate inclusionary requirement for ADUs in multifamily development will be created for situations where five or more ADUs are proposed or developed over time. The 20%
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8 inclusionary requirement will apply to those units, and inclusionary ADUs would be required.
Essentially, this change would create a separate inclusionary requirement for ADUs on a multifamily property that would apply to and be met with the ADUs only. For instance, if a housing development proposed twenty ADUs, four of them would have to meet the City’s inclusionary requirements for affordability. These amendments are implemented through amendments to Municipal Code Section 24.16.
Another issue relating to housing and affordable housing in particular is the issue of replacement housing. The Municipal Code has certain triggers for replacement housing that differ in some key ways from current state law. The differences are fairly complex, and there are certain situations where the Municipal Code creates a stricter requirement than state law and other situations where the reverse is true. A full update to these code sections to bring the local ordinance into full compliance with the state law should be pursued by the City at some point, but that work fell outside the scope of the current project. Planning staff has worked with the City attorney to ensure that both the local and the state-level requirements are explained to applicants and met by development projects. At this time, the proposed amendments would simply add language alerting users of the code to the potential applicability of state law for replacement housing, which provides better transparency. Staff anticipates working with the City Attorney on a full update on this topic at a future date.
Definitions
The definition of “Open Space, Useable” is proposed to be amended to incentivize development proposals to retain existing trees on site. The definition would state that the area under the canopy of any existing tree can be counted toward the open space requirement at double the rate of other square footage. We believe this incentive will allow enough flexibility for project proponents to work around existing trees and retain them on site as new development takes place.
A definition for “Housing, Volumetric Modular” is also proposed. This type of construction relies on factory-built blocks that are constructed in state-regulated factories and then assembled on site to quickly create a semi-complete building. These building technologies provide significant efficiency in terms of construction time and skilled labor on site, and could contribute to bringing down the costs of construction. Because of the way they are built, these modules end up being a bit taller than a standard ten-foot residential floor plate – most are around 10’9” due to the replication of floor and ceiling features in each module. Additionally, the first floor that connects to the concrete podium or foundation typically requires an additional 1’2” of height.
These height allowances have been added to the chart of “District Regulations” for each of the proposed mixed-use zone districts in order to allow for this building technology.
Rezoning Findings
Section 24.06.040 requires that prior to making a recommendation for approval of a proposed zoning map amendment, the Planning Commission must make the following finding:
“…that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies, and land use designations set forth in the General Plan, Local Coastal Plan, and any adopted area or specific plan.”
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9 The action to amend the zoning map to include six new mixed-use zone districts and to rezone the parcels as identified on the attached maps will create a zoning map that fully implements the land use pattern and designations established in the 2030 General Plan. The land use pattern creates residential and commercial intensity in areas with access to public transit, bike lanes, and a critical mass of retail and service uses to support households and create employment opportunities. Focusing new development into these areas represents the current best practices for zoning and supports the community by creating new opportunities for both residential and commercial development within the existing infrastructure of the City. The required finding can be made based upon the uses, site standards, and other regulations of the six mixed-use zone districts, and maps showing the parcels to be rezoned fully implement the provisions of their General Plan land use designation.
HEALTH IN ALL POLICIES
In 2019, the City adopted a Health in All Policies strategy in order to eliminate inequities in health and well-being and attain equity for all residents. The proposed amendment package furthers the City’s Health in All Policies strategy, as the intent of the proposal is to support creation of a wider variety of housing options, promoting more equitable access to housing. The proposal would serve to support development of dense housing in areas of the City with a mix of employment, housing, retail, and entertainment uses, promoting a sustainable development pattern and making efficient use of urbanized land. This land use pattern also encourages active transportation, which promotes personal health and reduces transportation costs. By incentivizing a variety of new housing opportunities that meet residents’ needs, this proposal supports the social, economic, and environmental health of the community.
ENVIRONMENTAL REVIEW
The proposed amendments fall within the analyzed development potential in the City’s existing 2030 General Plan EIR, as they are intended to fully implement the adopted General Plan Land Use maps and policies. The proposed amendments would not result in increased densities or intensification of uses, rather the proposed amendments will regulate the design and development character of projects achieving those planned densities.
NEXT STEPS: As mentioned in the Background section, this item constitutes the second half of the objective development standards item. Following the Planning Commission’s action on the proposed ordinance amendments, Planning staff will coordinate with Public Works, Parks and Recreation, and Water staff to incorporate the new zone districts and the proposed objective design standards amendments to all the various sections of the Municipal Code into a single ordinance amendment for City Council review. The City Council is likely to hear the item at a regularly scheduled meeting in August 2022. Following action by the City Council, portions of the amendment package, including the amendments to Chapter 24.04, 24.08, 24.10, and 24.22, will be submitted to the California Coastal Commission for review prior to taking effect within the coastal zone. In all areas outside the Coastal Zone, the amendments to the Municipal Code will take effect 30 days following final action by the City Council.
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10 Prepared by:
Sarah Neuse
Senior Planner
Approved by:
Matt VanHua
Principal Planner
Approved by:
Lee Butler
Director of Planning and
Community Development
ATTACHMENTS:
1. Proposed Ordinance Amendments to the Santa Cruz Municipal Code
2. Maps of Mixed-Use Zone Districts
3. Mixed-Use Zone District Summary
4. Planning Commission Staff report of June 2, 2022
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