Agenda packet — Santa Cruz City Council, August 23, 2022 (part 6 of 8)

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

1. Appeals;

2. Coastal permit except for an accessory dwelling unit;

3. Conditional fence permit when required by Section 24.08.620;

4. Design permit:
a. When accompanying another permit requiring a public hearing or upon a zoning administrator determination that a public hearing is required; b. For new two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots, excluding any Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined in Chapter 24.16 Part 2 in the R-S and any R-1 Districts;
c. For large homes in R-1 Districts per Section 24.8.450; d. Wireless telecommunications facilities per Part 15 of Chapter 24.12; or e. New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
f. Mixed-Use or Residential Development that varies from one or more of the objective design standards of Chapter 24.12.185 of the Municipal Code

5. Density Bonus Applications

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

76. Historic building survey: building designation, deletion;

8.7. Historic landmark alteration permit;

98. Historic landmark designation;
109. Mobile home park conversion;

11.10. Slope Development Permit (on or within 20 feet of a 50% or greater slope) outside the Coastal Zone;
Comment [SN1]: These two are listed in

24.08.420 but were omitted here. Adding
as a clean-up.

Comment [SN2]: Also a clean up. Public
hearing required in 24.16.270.

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1211. Planned development permit;

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

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

The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:

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

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

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

Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies (in
order)
Action Recommendation Action
Coastal Permit ZA
(ADU*)
ZA* CPC/CC/CCC*
Administrative Use Permit: Large family ZA CPC/CC
Comment [A3]: Clean up item: According
to 24.04.130 this doesn’t trigger a public
hearing.

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Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies (in
order)
Action Recommendation Action
daycare homes, temporary uses, and half
baths in accessory buildings
Other uses as listed by individual zoning
districts as requiring an Administrative Use
Permit

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

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

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

ZA CPC/CC
Design Permit ZA CPC/CC

1. Substandard lots: New two-story
structures and second-story additions
with a single-family residential use,
excluding ADUs

ZA CPC/CC

2. Large homes per Section 24.08.450 ZA CPC/CC

3. Wireless telecommunications facilities ZA ZA CPC/CC

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

ZA CPC/CC

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

ZA CPC/CC

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

24.12.185
ZA

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

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

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1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

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

Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark Designation HPC CC
Mobile Homes (Certificate of Compatibility) ZA CPC/CC
Mobile Home Park Conversion CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures Permit ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development Permit ZA CPC/CC
Zoning Ordinance Text and Map
Amendments
Amendments recommended by CPC CPC CC/CCC***
Amendments not recommended by CPC CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission HPC = Historic Preservation Commission ZA = Zoning Administrator

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Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies (in
order)
Action Recommendation Action
* For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section 24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10).
** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey. *** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2).

24.04.160 LIFE OF PERMIT.

1. Expiration.
a. Each approved permit shall expire and become null and void thirty-six months from the date on which it is approved, unless exercised; a lesser time period may be specified. A relocation permit shall be exercised within six months. b. An approved permit applies to the subject property and runs with the land. Once exercised, an approved permit remains effective unless terminated or modified and remains effective even if the subject property is rezoned.
c. An approved permit is transferable to any future owner of the subject property. d. Any use permit which has been exercised shall expire and become void where the use has ceased for a period of six consecutive months, whether or not it is the intent to abandon said use.

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e. All active permits as of March 10, 2009, and those approved up to and including March 10, 2010, shall have the life of the permit automatically extended an addition one year from the length of time currently allowed under subsection (1)(a). This extension authorization shall expire on March 11, 2011, unless otherwise extended by the city council.

2. Extension of Permits. Any permit issued in conjunction with a project that has had its tentative subdivision map or parcel map extended pursuant to the provisions of the California Subdivision Map Act, Government Code Sections 66410 et seq. or the city’s Subdivision Ordinance, S.C.M.C.

Title 23, shall have its associated land use permits automatically extended for a period coextensive to any extension of the tentative subdivision map or parcel map attributable to the application of Subdivision Map Act or Subdivision Ordinance provisions.

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

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

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c. Major Modifications. The zoning administrator shall refer to the decision-making body with final authority for review and action any requested modifications which involve significant increases in size or nature of an approved project beyond those limits set in subsection (4)(b).

A public hearing will be required unless the permit proposed for modification was approved administratively, in which case the modification may also be decided administratively, or may be elevated at the discretion of the zoning administrator. In the case of a housing development project, any variation from a requirement of Section 24.12.185 that was not previously reviewed at a public hearing, shall trigger the need for a public hearing at the level indicated by

24.08.420.

Part 5: DESIGN PERMIT

24.08.400 PURPOSE.

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

24.08.410 GENERAL PROVISIONS.

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

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

2. New structures intended for commercial use;

3. New structures intended for industrial use;

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

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

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

7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of Comment [SN4]: This change is based on
the requirements of SB330 to apply to all
multifamily housing.

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such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;

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

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

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

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

12. Any project which requires a planned development permit;

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

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

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

24.08.420 PROCEDURE.

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

2. Any applications for design permits of the types listed below above shall be acted upon by the zoning administrator at a public hearing pertains to:
a) New two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots in R-1 districts; b) Large homes per Section 24.08.450;
c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
e) Mixed-Use or multifamily residential development that varies from no more than five of the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.426.

Comment [SN5]: Allowing 2-story multifamily development on R-L and R-M sites even if they are substandard. This is
necessary to ensure the full allowed
density can be reached.

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

24.08.425 FINDINGS REQUIRED – FULLY-COMPLIANT MIXED

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

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

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

24.12.185.

24.08.426 FINDINGS REQUIRED – ALTERNATIVE DESIGN MULTIFAMILY OR MIXED USE DEVELOPMENT Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects which propose to vary from one or more of the design standards of Section

24.12.185 shall be subject to a public hearing in accordance with 24.08.420. The public hearing body shall approve the design permit based upon the following findings. These findings shall apply only to alternative designs for compliance with Section 24.12.185, and are not applicable to applications seeking to vary from any other standard, requirement, or policy of the Municipal Code.

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

2. For each standard for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section 24.12.185.

24.08.430 FINDINGS REQUIRED – GENERAL.

All applications for design permits that cannot be reviewed under Sections 24.08.425 or 24.08.426 shall be reviewed in relation to below established criteria for design review.

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

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

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

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

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

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

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

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

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

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

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

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

24.08.440 STANDARDS FOR SUBSTANDARD RESIDENTIAL LOT
DEVELOPMENT.

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

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

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

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

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

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

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

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

24.08.1320 GENERAL PROVISIONS.

No demolition permit shall be issued for any residential dwelling unit or single-room occupancy living unit unless a residential demolition/conversion authorization permit has been issued pursuant to this part. Housing development projects shall comply with the requirements of Part 14 of Chapter 24.08 of the Santa Cruz Municipal Code as well as those contained in California state law governing

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demolition of housing units, including but not limited to Government Code Sections 65589.5 and 66300.

24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

Housing development projects must comply with the requirements of this section as well as those contained in California state law governing replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300. For each provision of the regulations, when both this Code and the California Government Code apply, the stricter of the two provisions shall be applied to the project.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of bedrooms contained within all low- or moderate-income units to be demolished or converted. a. The basic requirement is that fifty percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site may also be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units may not be used to fulfill replacement unit requirements.
c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.

2. In determining the number of replacement bedrooms required, any studio unit shall be defined as one bedroom, and any decimal fraction greater than 0.50 shall be construed as requiring one bedroom.

3. Type of Unit. Replacement bedrooms may be grouped into unit-size types as desired by the applicant, but in no case shall more than four replacement bedrooms be contained in any one unit constructed to meet replacement housing requirements.

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4. Affordability Assurances. The entire unit constructed to meet replacement housing requirements and containing one or more replacement bedrooms shall be deemed a low- or moderate-income unit subject to affordability requirements. Replacement units shall remain affordable to low- or moderateincome households in perpetuity. The procedure for implementing this requirement shall be established by council resolution.

5. Dwelling units, or single-room occupancy units constructed to meet replacement housing requirements shall be provided and available for use no later than three years from the date upon which work commenced on the conversion or demolition of the residential dwelling units or singleroom occupancy living units.

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

24.10.400 PURPOSE.

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

24.10.410 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

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

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

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

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

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

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

56. Community garden.

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

Comment [SN6]: Clean up item. This
change in the state law is reflected in all
zone districts where residential uses are
allowed

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

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

24.10.430.

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

24.10.430 USE PERMIT REQUIREMENT.

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

24.12.140.
b. Temporary structures and uses.

2. The following uses are subject to approval of a special use permit and a design permit:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons). c. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except that accessory dwelling units are not subject to approval of a design permit unless located on a substandard lot as defined in Section 24.22.520. d. Dormitories, fraternity/sorority residence halls, boardinghouses. e. Health facilities for inpatient and outpatient psychiatric care and treatment. f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve.

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g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs. h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.440 USE DETERMINATION.

Any other use or service establishment determined by the zoning board to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, may be allowed by special use permit.

24.10.450 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Unit Type
Single-Family
Detached 2 or More Units
a. Maximum height of buildings
• Principal (feet) 30 30
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (square feet) 5,000 5,500
c. Minimum lot area per dwelling unit (net)
(square feet)
2,200 (1,600 sq. ft.
for 1-
bedroom/studios)
d. Minimum lot width (feet) 50 50

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e. Usable open space per dwelling unit
(square feet)
– 400

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

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

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

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

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

24.10.500 PURPOSE.

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

24.10.510 PRINCIPAL PERMITTED USES.

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

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

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

3. Community garden.

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

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

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

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

24.10.530.

67. Supportive and transitional housing.

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit:
a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.
b. Two family dwelling if the lot area exceeds five thousand five hundred square feet. c. Temporary structures and uses.
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

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e. Single-family dwellings on substandard lots.

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

24.10.540 USE DETERMINATION.

Any other use or service establishment determined by the zoning board to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be allowed by special use permit.

24.10.550 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Type
Duplex 3 or More Units
Maximum Height of Buildings
Principal (feet) 30 35

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

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d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, and five additional feet of setbackor one foot of setback for each three feet of height for each additional story above the second story, or portion thereof, of structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said

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second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

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

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

24.10.560 PURPOSE.

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

24.10.565 PRINCIPAL PERMITTED USES.

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

Environmental review must be conducted in accordance with city and state guidelines:

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

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

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

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

45. Supportive and transitional housing.

24.10.570 ACCESSORY USES.

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

1. Garages and parking areas, private;

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

24.10.160;

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

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an Administrative Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Expansion of any existing single-family dwelling; (800) b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)
c. Temporary structures and uses;
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).

2. The following uses are subject to approval of a Special Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)

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b. Community care facilities including daycare (except family daycare homes), foster homes, nursing and retirement homes for seven or more persons; (850e) c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b) d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)
e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)
f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540) g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit (570).

24.10.580 USE DETERMINATION.

24.10.585 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Unit Type
Duplex 3 or More Units
a. Maximum height of buildings
• Principal (feet) 30 48
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (sq. ft.) 4,000 5,000

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c. Minimum lot area per dwelling unit (net)
(sq. ft.)
2,000 790
d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit (sq.
ft.)
– 250
f. Lot coverage 45% 70%

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. Setback requirements may not be reduced for those portions of buildings that are three stories or taller.
b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. d. Where a parcel abuts a public right-of-way on opposite sides of the parcel, the front yard setback requirements shall apply to the major street and the rear yard setbacks shall apply to the secondary street; however, in the case of the rear yard setback, the setback shall not be less than the average of the two adjacent lots. e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

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h. To preserve the view to Beach Hill down Front Street, the height of the first twentyfive feet of depth along Front Street shall be limited to twenty-four feet.

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

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

24.10.590 FINDINGS REQUIRED.

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

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

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

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

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

24.10.602 PURPOSE.

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

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are subject to approval of a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small family daycare facility in single-family home or duplex; (510a) Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).
c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums (three to nine units); (830)

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

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24.10.604 USE PERMIT REQUIREMENT.

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

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

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24.10.606 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title.

24.10.608 DISTRICT REGULATIONS.

1. General.

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

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

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building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, Chapter 24.16, Part 2, Accessory Dwelling Units, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.

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

24.10.610 PURPOSE.

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

24.10.611 PRINCIPAL PERMITTED USES.

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

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

3. Multiple dwellings, townhouse dwelling groups, and condominiums, nine units or fewer (830).

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

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

24.10.612 USE PERMIT REQUIREMENTS.

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a. Multiple dwellings, townhouse dwelling groups, and condominiums, nine units or fewer (830).
b. Single-family and duplex dwellings (800, 810).
c. Storage and equipment structures.
d. Temporary structures and uses.
e. The providing of board and room for not more than two paying guests per dwelling unit, when located within principal building.
f. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
g. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
h. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
i. Supportive and transitional housing, nine or fewer units.

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

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i. Supportive and transitional housing, ten or more units.

24.10.614 USE DETERMINATION.

24.10.616 DISTRICT REGULATIONS.

1. General.

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

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line.
b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure for the second story and above. d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.

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f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

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

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

24.10.617.1 PURPOSE.

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

24.10.617.2 USE PERMIT REQUIREMENT.

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

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

24.10.617.3 DISTRICT REGULATIONS.

1. General.

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

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

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

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

4. Siting.

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

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

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

24.10.618 PURPOSE.

The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses. New development including residential units or uses within the zone, are encouraged to incorporate Uses for Active Frontage along the site frontage. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.

24.10.619 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE
a. Food and beverage stores (except liquor stores) (240); f. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280);

RESIDENTIAL USES

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(k) Flexible density unit (FDU) housing (fifteen units or fewer) as part of a mixed-use project; (q) Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the R-T(A) District regulations (830);
(r) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) when ground-floor units are designed as Live-Work units consistent with Section 24.12.185.14 and subject to the R-T(A) District regulations (830);
c. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820);
e. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
(v) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (p) Single-family residences if lot size does not allow multifamily development, with no livework or active frontage requirement (800); g. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.

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

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

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

USES FOR ACTIVE FRONTAGE
(ab) Acting/art/music/dance studios/schools (610);

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(bc) Apparel and accessory stores (250);
(ce) Community organizations, associations, clubs and meeting halls (570); (df) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ei) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (fj) Educational facilities (public/private) (510);
(gl) General merchandise stores (drug and department stores) (230); (hm) Government and public agencies (530);
(in) Home furnishings (270);
(jp) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ks) Museum and art galleries (600);
(lt) Professional offices associated with a visitor-serving use (400); (mu) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(nw) Specialty retail supply stores (290);
(oz) Video rental (360B);

RESIDENTIAL USES
(px) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;

COMMERCIAL USES
(qa) Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
(rd) Churches (500);
(sg) Developed parks (710);

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

USES FOR ACTIVE FRONTAGE
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (be) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H); (cf) Financial, insurance, real estate offices (420);
(diii) Fish/seafood wholesale sales (200F);
(ei) Medical/health offices (410);
(fl) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
(gn) Personal services (except contractors’ yards and mortuaries) (310); (ht) Theaters (620);

RESIDENTIAL USES

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(c) Duplexes (810);
(u) Triplexes (820);
(is) Supportive and transitional housing, ten or more units, subject to the R-T(A) District regulations;

COMMERCIAL USES
(jb) Communication and information (550);
(d) Educational facilities (public/private) (510);
(g) Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project;
(kh) Marine facilities and related uses (560E):
(li) Related research facilities (400L);
(mii) Related storage and warehousing (330);
(j) Mixed residential and commercial developments with noncommercial uses on the ground floor, subject to the R-T(A) District regulations (830); (k) Multiple dwellings, townhouse dwelling groups and condominiums (ten units or more) subject to the R-T(A) District regulations (840);
(nm) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use; (p) Single-family residences if lot size does not allow multifamily development (800); (q) Single-room occupancy (SRO) housing, sixteen units or more (860); (pr) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(qv) Utilities and resources (540).

24.10.622 USE DETERMINATION.

Comment [SN7]: Clean-up item. This use
was listed twice, and remains in the
section above requiring an Administrative
Use Permit rather than here.

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24.10.624 DISTRICT REGULATIONS.

1. General.

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

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

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f. Design: All development must be in compliance with adopted design guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
f.1. The design of all new structures shall be based upon “Spanish Colonial Revival” architecture as well as Mission Revival and Mediterranean architecture as described in the design guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.
f.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
f.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. f.4. Building walls shall be stucco and colored white, off-white or very light value, warmtoned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
f.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings. f.6. Flat roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. g. Siting:
g.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
g.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. g.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
h. Accessibility:
h.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
h.2. Access must be aesthetically integrated within the development.

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i. Setbacks: Development on this site should be designed to encourage and support activities that unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
j. Parking:
j.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth. j.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.
• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area. j.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
j.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. j.5. Off-site parking may be permitted within this subdistrict if:
• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or
• The development identifies and develops a suitable permanent parking facility; or • The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
k. Landscaping:
k.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. Landscaping shall be maintained in an attractive condition.
k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

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l. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

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

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

24.10.624.1 FINDINGS REQUIRED.

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

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

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

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

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

24.10.626 PURPOSE.

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

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit, Conservation Overlay District (Section 24.10.4000) and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further

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refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
ba. Single-family and duplexes (800, 810);
cb. Storage and equipment structures, if ancillary to principal residential use; dc. Small family daycare homes in single-family homes or duplexes (510a); Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).
ed. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings; fe. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; gf. Supportive and transitional housing in single-family home or duplex.

24.10.628 USE PERMIT REQUIREMENT.

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

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b. Community care facilities. (850e)
c. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
d. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)
e. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570) f. Retirement homes or centers. (850b)
g. Supportive and transitional housing, three units or more.

24.10.630 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title.

24.10.632 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Unit Type
1-Family Detached Duplex Triplex 4 or More
Units
Other
Uses
a. Height of buildings
• Principal (feet) 22 22 22 30 30
• Accessory (stories and feet) 1 and 15 1 and
15 1 and
15 1 and 15 1 and 15
b. Minimum lot area (net) (square feet) 3,000 3,600 7,200 8,000 8,000 c. Minimum lot area (net) per dwelling unit
(square feet)
– 1,800 1,600 1,600 –
d. Minimum lot width (feet) 40 40 80 80 80
e. Usable open space per dwelling unit
(square feet)
– 400 400 400 –
Dwelling Units
First Story Second Story Other Uses
f. Front yard (feet) 5* 10* 10*
g. Rear yard (feet) 10 15 15
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0

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Dwelling Units
First Story Second Story Other Uses
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

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

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

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

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

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24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.

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

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

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

24.10.635 PURPOSE.

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

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted subject to a design permit and other requirements of the Municipal Code:
a. Duplex dwellings.
c. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. b. Small family daycare. Small and large family daycare homes in residential units. c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, a design permit, and other requirements of the Municipal Code:
a. Educational and cultural institutions.
b. Community care facilities.
c. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. d. Single-family dwellings on substandard lots.

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2. The following uses are subject to approval of a special use permit, a design permit and other requirements of the Municipal Code.
a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board. b. Large family daycare facilities.
c. Recreational buildings and community centers.
d. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
e. Public and private commercial parking, subject to landscaping and design standards. Nonconforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

24.10.638 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title.

24.10.640 DISTRICT REGULATIONS.

These regulations apply to all development within the RTE subdistrict.

1. General.

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

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* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.

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

Regulations which may be applicable to site design in this zone are set forth in General Site

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Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the Design Guidelines. b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details. Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding. b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies.

Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood).
c. Parking: All parking shall be located within the rear or at the rear of main structures.

Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements. c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line. c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet. c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.
c.4. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility,
• off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking. c.5. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:
• at least fifty percent of new units are two bedrooms or more, or

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• for units which meet the city’s definition of “affordable.” c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.
d. Open Space: Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:
• projects providing at least fifty percent of the development as two bedroom units; • projects providing community facilities such as a community center and/or a child-care facility.
e. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement. e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.
f. Landscaping: Landscaping shall be in compliance with the Design Standards. f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.
f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas at entries and in courtyards and plazas.
f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

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

24.10.641 FINDINGS REQUIRED.

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

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

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

Part 8: C-C COMMUNITY COMMERCIAL DISTRICT

24.10.700 PURPOSE.

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

24.10.710 PRINCIPAL PERMITTED USES.

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

1. USES FOR ACTIVE FRONTAGE
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Auto supply stores (260C);
d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Financial, insurance, real estate offices (420);
f. Financial services (320);
g. Food and beverage stores (except liquor and convenience stores) (240);

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h. General retail merchandise (drug and department stores) (230); i. Home furnishing stores (270);
j. Medical/health offices (except veterinarians and ambulance services) (410); l k. Museums and art galleries (600);
o l. Professional/personal service (except contractors’ yards and mortuaries) (310); p m. Repairs, alterations and maintenance services for household items (except boat repair) (340);
r n. Small preschool/childcare (twelve or fewer) (510A); t o. Specialty retail supply stores (290); except thrift stores (290m); u p. Theaters (620);
v q. Video rental (650).

2. RESIDENTIAL USES
L a. Flexible Density Unit (FDU) Housing
b. Mixed residential and commercial/office developments involving permitted or administrative uses allowed commercial uses, on the ground floor and from three to nine multiple dwellings or condominiums either above the first floor or on the same lot; bt. Multiple dwellings or condominiums, three to nine units when ground-floor units are designed as Live-Work units consistent with Section 24.12.185. 14 and subject to the minimum (net) land area per dwelling unit of the R-M District (830); k c. One- or two-multiple-family units when located above the first floor with no additional parking required (830);
d. Single-room occupancy (SRO) housing, fifteen units or fewer (860); q e. Small community care residential facilities;
s f. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units;

3. COMMERCIAL USES
m a. Off-site public/private parking facilities, five or fewer spaces (930); n b. Professional offices (400).

Comment [SN8]: Mixed Use development
is PP, and there is no residential density
established for this zone. This reflects the
existing condition. This amendment also
removes the current distinction in level of
review based on the number of units – so
all mixed use projects are PP with a
design permit regardless of size, subject to
any use approval required for the
commercial use.

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

24.10.720 ACCESSORY USES.

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

24.10.730 USE PERMIT REQUIREMENT.

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

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

24.12;
c.h. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Community organizations, associations, clubs and meeting halls (570); e.m. Educational facilities (public/private) (510);
f.p. Government and public agencies (530);
gx. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; hz. Thrift stores (290m);
i.cc. Veterinarians (410A);
o. Foster family homes;
t. Multiple dwellings or condominiums, three to nine units subject to the minimum (net) land area per dwelling unit of the R-M District (830);
d. Single-room occupancy (SRO) housing, fifteen units or fewer (860); Comment [A9]: This is a clean up item.

Foster Family homes do not require a land
use permit.

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a. Flexible Density Unit (FDU) Housing

2. COMMERCIAL USES
a. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
b. Ambulance services (410B);
c. Auto services and repair subject to performance standards in Section 24.12.900 (350);
df. Boat repairs (340D);
eg. Building materials/garden supplies (220);
fi. Churches (500);
gj. Communication and information services (550);
hl. Developed parks (710);
in. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
jq. Lodging (300);
r. Mixed residential and commercial/office developments involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor;
ks. Motor vehicle dealers and supplies (260);
lu. Off-site public/private parking facilities, five or more spaces (930); mv. Recycling collection facilities;
ny. Temporary structures and uses;
oaa. Undeveloped parks and open space (700);
pbb. Utilities and resources (540);
qdd. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

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

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

2. RESIDENTIAL USES
d. Large family daycare;
ac. Community care facilities;

3. COMMERCIAL USES
ab. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; be. Contractor/building (310E);
cg. Fabricated metal products (manufacturing) (150);
dh. Fabricated wire products (manufacturing) (155A);
ei. Food and beverage preparation (manufacturing) (100); fj. Furniture and fixtures (manufacturing) (120);
gk. Hospitals (520);

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hl. Laboratory research experimentation, testing, software development; im. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; jn. Local/interurban passenger transit (bus, cab) (560B); ko. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
p. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840);
q. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); lr. Mortuaries (310I);
ms. Motion picture production (manufacturing) (155E);
nu. Rental services (360);
v. Single-room occupancy (SRO) housing sixteen units or more (860); ow. Solar equipment (manufacturing) (155C);
px. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter

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

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24.10.740 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part 1, Chapter 24.08 of this title.

24.10.750 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-Only (stories and feet) 3 & 40
• Commercial or mixed use or residential Residential-Only (stories and feet)
3 & 40
• Additional height for Mixed Use with ground floor retail (stories and feet)
0 & 5
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Lot Area – Minimum (net) (sq. ft.) 5,000
• Commercial or residential 5,000
• Mixed Use 8,000
c. Setbacks

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• Front-yard 0 2
• Rear-yard 0 1
• Interior 0 1
• Exterior 0
1, 2
d. Open space per unit (residential only)
• Private (sq. ft.) 40100
• Common (sq. ft.) and easily accessible to residential units 80150 e. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District, subject also to the requirements of Section 24.12.185.10 as applicable.

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

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

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

3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either
Comment [SN10]: This is directly in
conflict with the new standards in

24.12.185, which prohibit parking and
loading between the building face and
street frontage

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a Uses for Active Frontage as listed in the allowed uses for the zone along a minimum of 50% of the length of the site frontage; or
b. Where exclusively residential development is proposed, all ground floor units at the frontage shall be developed as live-work units as defined in 24.12.185.14.

Part 10: C-T THOROUGHFARE COMMERCIAL

24.10.900 PURPOSE.

To provide for retail, commercial, service, amusement, and transient-residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.910 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE

1. Art galleries.

2. Branch banks.

34. Clothing and apparel shops.

45. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12.

58. Hotels, motels and bed-and-breakfast inns.

69. Medical and dental offices.
715. Professional, editorial, real estate, insurance and other general business offices.

RESIDENTIAL USES

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8h. Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development nine units or fewer, subject to the minimum land area (net) per dwelling unit of the R-M District (830).

9. 16. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.

COMMERCIAL USES
103. Carpenter shop; electrical, plumbing or heating shops; furniture upholstering shop. 116. Garages for the repair of automobiles, subject to performance standards as set forth in this title for principal permitted uses in the I-G District. 127. Handicraft shops and workshops.
1310. Medical, optical, and dental clinics and laboratories, not including the manufacture of pharmaceuticals or other (similar) products for general sale or distribution. 1411. Mobilehome, trailer, boat, motorcycle sales and service. 1512. New car sales and service.
1413. Parking facilities of five or fewer spaces.
1514. Plant nurseries and greenhouses.
1617. Theaters.
1718. Used car sales and service, auto parts and supply stores.

18. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring no public hearing.

24.10.920 ACCESSORY USES.

Uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.930.

24.10.930 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and a design permit:

USES FOR ACTIVE FRONTAGE

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ad. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.
be. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12.
cj. Souvenir and gift shops.
dm. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12.
en. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12. k. Single-family dwellings
q. Two-family dwellings,.

COMMERCIAL USES
fa. Ambulance service.
gb. Automatic car wash.
hc. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment. f. Large family daycare homes.
ig. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District. ji. Recycling collection facilities.
l. Small community care residential facilities.
mo. Temporary structures and uses.
np. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
pr. Veterinary hospitals and clinics.
qs. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
rt. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

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24.10.940 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties may be permitted. A use permit shall be required and processed pursuant to Part 1 of Chapter 24.08 of this title.

24.10.950 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Principal (stories and feet) 3 & 35
• Accessory 2 & 25
b. Minimum Lot Area (net) (sq. ft.) 5,000
c. Front-yard (feet) 0
d. Rear yard (feet) 10 1
e. Side yard
• Interior (feet) 0
1 • Exterior (feet) 0
f. Distance between buildings on
same lot (feet) 10

1. Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Additional Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.
b. In any C-T District directly across a street or thoroughfare, not including a freeway, from any R- District, the parking and loading facilities shall be distant at least ten feet from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.
c. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.

Part 9: MU-M MIXED-USE MEDIUM DENSITY DISTRICT

24.10.800 PURPOSE.

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

Also refer to Section 24.12.185 for design standards.

24.10.801 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:

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

2. Apparel and accessory stores (250);

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

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

5. Financial services (320);

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

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

8. Home furnishing stores (270)

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

10. Museums and art galleries (600);

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

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

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

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

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15. Theaters (620);
RESIDENTIAL USES:

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

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

18. Flexible Density Units (FDU) Housing

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

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

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

22. Supportive and transitional housing.

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

COMMERCIAL USES

24. Professional offices (400);

25. Communication and information services (550);

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

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

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500)

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

24.10.802 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);

RESIDENTIAL USES
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

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

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2. The following uses are subject to approval of a special use permit and a design permit:

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

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

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t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);

24.10.803 USE DETERMINATION.

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

24.10.804 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum

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• Commercial-only (stories and feet) 3 & 40
• Mixed use (stories and feet) 4 & 45
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 4500 c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Required lot area per dwelling unit 1,452 (no requirement for 1-bedroom/studios/
SROs/FDUs)
e. Setbacks
• Front-yard 0 2
• Rear-yard 15 1
• Interior Side 0 1
• Exterior Side 8
1, 2
f. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and accessible to residential units 80

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g. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street. (2) Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted. (3) Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy the site frontage to the dimensions required by Section 24.12.185. (4) Residential units shall not be located on a street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.
(5) Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
(6) All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.805 PARKING.

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

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Part 9A: MU-H MIXED-USE HIGH DENSITY DISTRICT

24.10.810 PURPOSE.

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.

24.10.811 PRINCIPAL PERMITTED USES.

This district requires a mix of residential and commercial uses within each proposed development.

The following uses are permitted if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred and twenty (120) square feet and less than fifteen (15) feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

USES FOR ACTIVE FRONTAGE:

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

2. Apparel and accessory stores (250);

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

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

5. Financial services (320);

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

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

8. Home furnishing stores (270)

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

10. Museums and art galleries (600);

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

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

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

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

15. Theaters (620);
RESIDENTIAL USES:

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

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

18. Flexible Density Units (FDU) Housing

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

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

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

22. Supportive and transitional housing.

COMMERCIAL USES

24. Professional offices (400);

25. Communication and information services (550);

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

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

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500)

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

24.10.812 USE PERMIT REQUIREMENT.

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

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p. Undeveloped parks and open space (700);
q. Utilities and resources (540);
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and a design permit:

RESIDENTIAL USES
a. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
b. Dormitories, fraternity/sorority residence halls.
c. Health facilities for inpatient and outpatient psychiatric care and treatment. d. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit. e. USES FOR ACTIVE FRONTAGE
f. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
g. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); h. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; i. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

COMMERCIAL USES
k. Contractor/building (310E);
l. Fabricated metal products (manufacturing) (150);
m. Fabricated wire products (manufacturing) (155A);
n. Food and beverage preparation (manufacturing) (100); o. Furniture and fixtures (manufacturing) (120);
p. Hospitals (520);
q. Laboratory research experimentation, testing, software development; r. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);

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s. Mortuaries (310I);
t. Motion picture production (manufacturing) (155E);
u. Rental services (360);
v. Solar equipment (manufacturing) (155C);
w. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); x. Stone, clay, glass products (manufacturing) (140);
y. Storage and warehouse when connected with permitted use (330); z. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
aa. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);

24.10.813 USE DETERMINATION.

24.10.814 DISTRICT REGULATIONS.

1. General.

Provisions Requirement

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a. Height of buildings – Maximum
• Commercial-only (stories and feet) 4 & 50
• Mixed use (stories and feet) 5 & 55
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 6000 c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
c. Minimum lot area per dwelling unit (net) (sq. ft.) 792 (no requirement for 1-bedroom/studios/
SROs/FDUs)
• Units with two or more bedrooms 792
• Units with less than two bedrooms No Density Limit
e. Setbacks
• Front-yard 0 3
• Rear-yard 20 2
• Interior 0 2

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• Exterior 10 2, 3
e. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and accessible to residential units 80 f. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

24.10.815 PARKING.

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

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

24.10.820 PURPOSE.

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

24.10.821 PRINCIPAL PERMITTED USES.

RESIDENTIAL USES:

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

2. Flexible Density Units (FDU) Housing

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

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

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

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

7. Supportive and transitional housing.

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

USES FOR ACTIVE FRONTAGE:

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

10. Apparel and accessory stores (250);

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

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

13. Financial services (320);

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

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

16. Home furnishing stores (270)

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

18. Museums and art galleries (600);

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

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

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

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

23. Theaters (620);

COMMERCIAL USES

24. Communication and information services (550);

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

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

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

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29. Lodging (300);

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

31. Professional offices (400);

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

24.10.822 USE PERMIT REQUIREMENT.

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

RESIDENTIAL
a. Temporary structures and uses.
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

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

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l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and a design permit:

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

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

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p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);

24.10.823 USE DETERMINATION.

24.10.824 DISTRICT REGULATIONS.

1. General.

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Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 3 & 45
• Mixed use (stories and feet) 3 & 40
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 4000 e. Required lot area per dwelling unit 1,452 (no requirement for 1-bedroom/studios/
SROs/FDUs)
f. Setbacks
• Front-yard 0 2

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• Rear-yard 101
• Interior 0 1
• Exterior 8
1, 2
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 h. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

2. Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street. (2) Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted. (3) Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185. (4) Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the Ocean street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street. (5) Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
(6) All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.825 PARKING.

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

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

24.10.830 PURPOSE.

To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multistory commercial development in both exclusively commercial and medium-density mixed-use developments within larger buildings oriented toward Ocean Street and Broadway, and using building height and massing to create a sense of place, while promoting a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan.

This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

24.10.831 PRINCIPAL PERMITTED USES.

RESIDENTIAL USES:

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

2. Flexible Density Units (FDU) Housing

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

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

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

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
c. .

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d. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
e. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

7. Supportive and transitional housing.

USES FOR ACTIVE FRONTAGE:

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

10. Apparel and accessory stores (250);

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

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

13. Financial services (320);

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

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

16. Home furnishing stores (270)

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

18. Museums and art galleries (600);

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

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

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

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

23. Theaters (620);

COMMERCIAL USES

24. Communication and information services (550);

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

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

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

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

31. Professional offices (400);

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

24.10.832 USE PERMIT REQUIREMENT.

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

RESIDENTIAL
a. Temporary structures and uses.
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

COMMERCIAL USES

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

2. The following uses are subject to approval of a special use permit and a design permit:

COMMERCIAL USES
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);

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

24.10.833 USE DETERMINATION.

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the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
.24.10.834 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 4 & 55
• Mixed use (stories and feet) 4 & 50
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75

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d. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 4000 e. Required lot area per dwelling unit 1,452 (no requirement for 1-bedroom/studios/
SROs/FDUs)
f. Setbacks
• Front-yard 0 2
• Rear-yard 101
• Interior 0 1
• Exterior 8
1, 2
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 h. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

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commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street. (5) Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
(6) All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.835 PARKING.

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

Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH DENSITY DISTRICT

24.10.840 PURPOSE.

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.

24.10.841 PRINCIPAL PERMITTED USES.

24.12.185 relating to Corridor Frontage.

RESIDENTIAL USES:

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

2. Flexible Density Units (FDU) Housing

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

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

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

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

7. Supportive and transitional housing.

USES FOR ACTIVE FRONTAGE:

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

10. Apparel and accessory stores (250);

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

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

13. Financial services (320);

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

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

16. Home furnishing stores (270)

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

18. Museums and art galleries (600);

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

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

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

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

23. Theaters (620);

COMMERCIAL USES

24. Communication and information services (550);

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

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

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

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

31. Professional offices (400);

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

24.10.842 USE PERMIT REQUIREMENT.

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

RESIDENTIAL
a. Temporary structures and uses.
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

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g. Thrift stores (290m);
h. Veterinarians (410A);

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

2. The following uses are subject to approval of a special use permit and a design permit:

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

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24.10.843 USE DETERMINATION.

1. General.

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c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
c. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 4000 d. Required lot area per dwelling unit 792 (no requirement for 1-bedroom/studios/
SROs/FDUs)
e. Setbacks
• Front-yard 0 2
• Rear-yard 151
• Interior 0 1
• Exterior 8
1, 2
f. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 e. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

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(3) Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185. (4) Residential units shall not be located on any Ocean Street, Water Street, or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.

Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street, Water Street, or Soquel Avenue.
(5) Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
(6) All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.845 PARKING.

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

Part 9E: MU-VA MIXED-USE VISITOR SERVING ADDITIONAL HEIGHT DISTRICT

24.10.850 PURPOSE.

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 density within larger buildings oriented toward Ocean Street and Soquel Avenue, and 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.

24.10.851 PRINCIPAL PERMITTED USES.

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

RESIDENTIAL USES:

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

2. Flexible Density Units (FDU) Housing

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

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

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

7. Supportive and transitional housing.

USES FOR ACTIVE FRONTAGE:

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

10. Apparel and accessory stores (250);

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

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

13. Financial services (320);

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

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

16. Home furnishing stores (270)

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

18. Museums and art galleries (600);

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

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

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

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

23. Theaters (620);

COMMERCIAL USES

24. Communication and information services (550);

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

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

27. Government and public agencies (530);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

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

31. Professional offices (400);

24.10.852 USE PERMIT REQUIREMENT.

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

RESIDENTIAL
a. Temporary structures and uses.
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

USES FOR ACTIVE FRONTAGE

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

2. The following uses are subject to approval of a special use permit and a design permit:

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g. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; h. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
i. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

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

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

24.10.853 USE DETERMINATION.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 6 & 75
• Mixed use (stories and feet) 6 & 70
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum

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• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
d. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 6000 e. Required lot area per dwelling unit 792 (no requirement for 1-bedroom/studios/
SROs/FDUs)
f. Setbacks
• Front-yard 0 2
• Rear-yard 20
1 • Interior 0 1
• Exterior 10 1, 2
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 h. Distance between buildings on same lot 10

1. Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

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2. Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street. (2) Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted. (3) Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section 24.12.185. (4) Residential units shall not be located on any Ocean Street or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street or Soquel Avenue. (5) Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
(6) All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

24.10.855 PARKING.

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

Part 11: C-N NEIGHBORHOOD COMMERCIAL DISTRICT

24.10.1000 PURPOSE.

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

24.10.1010 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories

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

USES FOR ACTIVE FRONTAGE
a. Eating and drinking establishments (except bars and fast-food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); b. Financial, insurance, real estate offices (420);
cd. Food, beverage stores (except liquor and convenience stores) (240); de. Hardware stores (indoor sales only) (220A);
ef. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410); fj. Professional/personal service (except contractors yards and mortuaries) (310);

RESIDENTIAL USES
g. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);
hk. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.
il. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
Multiple dwellings and condominiums, three to nine units when located above first floor commercial uses, subject to the minimum land area per dwelling unit of the R-L District (830);

COMMERCIAL USES
kc. Financial services (320);
lh. Off-site public/private parking facilities five or fewer spaces (930); mi. Professional offices (400);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring no public hearing.

24.10.1020 ACCESSORY USES.

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

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24.10.1030 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE
ab. Acting/art/music/dance studios and schools (610);
bc. Apparel and accessory stores (250);
ci. General retail merchandise (drug and department stores) (230); dj. Government and public agencies (530);
en. Preschools/childcare (twelve or fewer) (510A);
fk. Home furnishings (270);
gp. Repair, alteration, maintenance services for household items (except boat repairs) (340); hr. Specialty retail supply stores (290);
it. Veterinarians (410A);

RESIDENTIAL USES
jq. Small community care residential facilities;

COMMERCIAL USES
ka. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
ld. Auto supply stores (260C);
me. Churches (500);
nf. Community organizations, associations, clubs and meeting halls (570); og. Educational facilities (public/private) (510);
h. Family daycare homes and foster family homes;

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pm. Parks and open spaces (700);
qo. Recycling collection facilities;
rs. Temporary structures and uses;
su. Video rental (650);
tv. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

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

USES FOR ACTIVE FRONTAGE
ab. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); bc. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; cf. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); di. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12;

RESIDENTIAL USES
ed. Community care facilities;
fe. Community care residential facilities;

COMMERCIAL USES
ga. Auto services and repair, subject to performance standards in Section 24.12.900 (350); hg. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
h. Large family daycare facilities;
j. Two or more stand-alone multiple-family units subject to the minimum land area (net) per dwelling unit of the R-L District (830);
k. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);

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il. Off-site public/private parking facilities, five or more spaces (930); jm. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
kn. Storage and warehouses with permitted retail (330).

24.10.1040 USE DETERMINATION.

24.10.1050 DISTRICT REGULATIONS.

1. General.

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

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2. Except where special street setback requirements for designated streets apply, then the setback shall be added to the minimum setback listed in Section 24.12.115 for affected streets.

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

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

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

Part 12: C-B BEACH COMMERCIAL DISTRICT

24.10.1100 PURPOSE.

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

24.10.1110 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Food and beverage stores (except convenience/liquor stores) (240); f. General merchandise (drug and department stores) (230);

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g. Handicraft shops and workshops;
l. Museums and art galleries (600);
n. Personal/professional services (except contractors’ yards and mortuaries) (310); q. Specialty retail supply stores (290); except thrift stores (290m);

RESIDENTIAL USES
k. One or two multiple-family units when located above the first floor with no additional parking required (830);
p. Small family daycare facilities, in single-family home or duplex; Small and large family daycare homes in residential units.
k. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums either on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);

COMMERCIAL USES
d. Financial, insurance, real estate offices above first floor (420); h. Lodging (300);
i. Marine facilities (560E);
j. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;
m. Off-site public/private parking facilities, five or fewer spaces (930); o. Professional offices above first floor (400);
r. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
s. Theaters (620);
t. Video rental (650).
u. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

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24.10.1120 ACCESSORY USES.

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

24.10.1130 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE
c. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); e. Educational facilities (public/private) (510);
g. Fish/seafood/wholesale (200F);
i. Home furnishings (270B);
p. Thrift stores (290m);
q. Professional offices associated with a visitor-serving use;

COMMERCIAL USES
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
b. Community organizations, associations, clubs and meeting halls (570); d. Churches (500);
f. Financial services (320);
h. Government and public agencies (530);
j. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; k. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);

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l. Multiple dwellings and condominiums, three to nine units, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

USES FOR ACTIVE FRONTAGE
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; c. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
g. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

RESIDENTIAL USES
d. Group quarters (850);

COMMERCIAL USES
b. Large family daycare facilities;
e. Mixed residential and commercial developments with ten or more multiple dwellings or condominiums, either above the first floor or on the same parcel, subject to the minimum land area (net) per dwelling unit of the R-M District (840); f. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840);
h. Off-site public/private parking facilities, five or more spaces (930); i. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

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24.10.1140 USE DETERMINATION.

24.10.1150 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of Building – Maximum
• Commercial and Mixed Use
(stories and feet)
3 & 40
• Accessory 1 & 20
b. Lot area minimum (net) (square
feet)
• Commercial or residential 5,000
• Mixed Use 8,000
c. Setbacks
• Front yard 0
2 • Rear yard 0
1 Side yard
• Interior 0
1 • Exterior 0
(1)(2)
d. Open (Residential Only) Space
Per Unit
• Private (square feet) 10040
• Common (square feet) and
easily accessible to residential
units
15080
e. Distance between buildings on
same lot
10 1. Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District.

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

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

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

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

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

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b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. c. Siting:
c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
d. Accessibility:
d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
d.2. Access must be aesthetically integrated within the development. e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
f. Parking:
f.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth. f.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.
• Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area. f.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.

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f.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. f.5. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or
• the development identifies and develops a suitable permanent parking facility; or • the development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
g. Landscaping:
g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition.
g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. h. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following:
carpooling requirements, transit subsidies, employee shuttle service, and/or • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

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

24.10.1160 FINDINGS REQUIRED.

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

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

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

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

Part 13: P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT*

24.10.1200 PURPOSE.

To provide a district for business and professional offices. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage. Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.
(Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 40, 1994: Ord. 93-21 § 9, 1993: Ord. 85-05 § 1 (part), 1985).

24.10.1210 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright if a design permit is obtained for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
cd. Professional offices (400);
de. Professional/personal services (except contractors yards and mortuaries) (310); ef. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); fg. Museums and art galleries (600);

RESIDENTIAL USES
gf. Duplexes together with an allowed commercial use (820); h. Multiple dwellings and condominiums, together with an allowed commercial use andtwo to nine units, subject to minimum land area requirements of R-M District (830);

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ih. One to two units above ground floor office use with no additional parking required (810). ji. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.

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

24.10.1220 ACCESSORY USES.

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

24.10.1230 USE PERMIT REQUIREMENT.

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

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

RESIDENTIAL USES
f. Duplexes (820);
j. Mobilehomes if lot area cannot accommodate multifamily (870); m. Single-family residences if lot area cannot accommodate multifamily (810);

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COMMERCIAL USES
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
h. Large family daycare homes and foster family homes;
k. Multiple dwellings and condominiums, two to nine units, subject to minimum land area requirements of R-M District (830);
l. Off-site public/private parking facilities, five or more spaces (930); o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

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

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

24.10.1240 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. A use permit shall be required and processed pursuant to Part 1, Chapter 24.08 of this title.

24.10.1250 DISTRICT REGULATIONS.

1. General.

Provisions Requirement

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

2. Except where abutting an R- District, then not less than the minimum yard required for the adjacent yard in the R-District.

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

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

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING
REQUIREMENTS.

1. Applicability.
a. The inclusionary housing requirements defined in this chapter are applicable to all residential developments that create two or more new and/or additional dwelling units or SOU or SRO units at one location by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map, except for exempt residential developments under subsection (2).
b. Additional rent above and beyond affordable rent or affordable ownership cost may be permitted for the commercial/work space in a live/work unit at a rent that is determined to be

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affordable to qualifying households and is proportionate to the amount of commercial space provided. The amount of rent for the commercial portion of the live/work unit shall be agreed upon by the developer, the economic development director, and the planning and community development director. If no agreement can be reached, the city will retain an outside financial consultant to evaluate and determine the allowable affordable rent and establish a methodology for determining future commercial rent levels. The methodology for determining future commercial rent levels shall be defined in every affordable housing development agreement for residential developments that include at least one live/work unit.

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

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

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4. Ownership Residential Developments with Five or More Dwelling Units. For ownership residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Affordable Housing Requirement for Ownership Residential Developments. In an ownership residential or live/work development, twenty percent of the dwelling units shall be made available for sale to low and moderate income households at an affordable ownership cost.
b. Fractional Affordable Housing Requirement for Ownership Residential Developments –

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

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5. Rental Residential Developments with Five or More Dwelling Units. For rental residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.
b. SRO Developments. In a rental residential development comprised of SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low income households at an affordable rent.
c. Fractional Affordable Housing Requirement for Rental Residential Developments with More Than Five Dwelling Units. If the number of dwelling units required results in a fractional requirement of 0.7 or less, then there will be no inclusionary requirement for the fractional unit. If the number of dwelling units required results in a fractional requirement of greater than 0.7, then the applicant shall make one inclusionary unit available at an affordable rent.

This subsection (5)(c) applies to the fractional unit only, and whole units shall be provided as required by subsections (5)(a) and (b).

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

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

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

24.16.020.5, commencing with the fifth accessory dwelling unit proposed for the parcel. The first four accessory dwelling units on such a parcel shall not be counted either as part of the residential

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development or as an affordable units fulfilling the inclusionary requirements for the residential development. The inclusionary requirement for accessory dwelling units constitutes a separate inclusionary requirement than that of the primary residential use and shall be met with accessory dwelling units or as otherwise permitted under 24.16.030.

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

24.16.025 STANDARDS FOR INCLUSIONARY UNITS.

1. All inclusionary units shall remain affordable in perpetuity.

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

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

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

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

6. All building permits for inclusionary units in a phase of a residential development shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the inclusionary units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for inclusionary units in a phase of a residential development shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. When alternative methods of compliance are proposed

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pursuant to Section 24.16.030, the planning and community development director and the economic development director may jointly approve alternative phasing of market rate and inclusionary units if it finds that the proposal provides adequate security to ensure construction of the inclusionary units.

Phases of construction shall be defined as a part of the first approval.

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

Chapter 24.22 DEFINITIONS (Selected)

24.22.586 OPEN SPACE, USABLE.

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

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

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

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21.876
KING
LAUREL

ESCALONA
FAIR
ALMAR

MIRAMAR
SWIFT
OLIVE

CALIFORNIA

LAURENT

DU FOUR
MYRTLE

GHARKEY
PALM
WALK

DELAWARE

SEASIDE

VAN NESS
BAY

TRESCONY
RANKIN
DUFOUR

ALTA VISTA

COLUMBIA

ANTHONY

NATIONAL
JETER

BALDWIN
SETON

BELLEVUE
FELIX

YOUNGLOVE

LIBERTY
ANITA
ALLEY
BAYONA

SANTA CRUZ

KENNETH

CHESTNUT
OTIS
RIGG

SURFSIDE

BERKSHIRE

INGALLS
MASON

MISSION
WILKES

CONTINENTAL
LADERA
HIGH
NOBEL
NAGLEE
LENNOX
WEEKS
ACADIA

BLACKBURN
HEBARD
WALTI
WEST

PALMETTA

MIRA VISTA
LAGUNA
MAPLE
JENNE

AVERITT
TOLEDO
SCENIC
STATE

MCPHERSON
STATE HWY 1

ANDERSON
TAYLOR

GRANDVIEW
NEARY

REDWOOD

WOODROW
SADI
MESA
LOW RD
GLOVER

CRESTVIEW

PANETTA
SERRA
ERRETT
GRAHAM
CRESPI
HOPE

PENDEGAST

UNNAMED

MONTEREY

COLORADO

DRIVEWAY

EVERSON

LOS ALTOS

TREE FROG

LAURENT

DRIVEWAY

UNNAMED

CALIFORNIA

DRIVEWAY
ALLEY

DRIVEWAY
OLIVE

VAN NESS

DRIVEWAY

MONTEREY
ALLEY
ALLEY
PALM

DRIVEWAY

SEASIDE
ALLEY
ALLEY
ALLEY

INGALLS
RIGG
ALLEY
ALLEY
ALLEY

UNNAMED

DRIVEWAY
ALLEY
ALLEY
WALK

INGALLS

DRIVEWAY
ALLEY
ALLEY

MISSION

DRIVEWAY
ALLEY
Parcels designated for Mixed Use Medium Density (MU-M)
MU-M City of Santa Cruz June 2022

21.877
WATER
SOQUEL
OCEAN

BRANCIFORTE

MORRISSEY
SOQUEL
Branciforte Creek
SOQUEL
WATER

BROADWAY
MAY
PINE

WINDSOR

MELROSE

BRANCIFORTE

HANOVER
GAULT

FREDERICK
CAYUGA
OCEAN
EFFEY
POPLAR
SUMNER

MORRISSEY

PACHECO
DAKOTA

SAN JUAN
REED
DOYLE

HAMMOND

STANFORD

BERKELEY
ALLEY
MARKET

PENNSYLVANIA
BENITO

CALEDONIA
DAKE

HARRISON

OCEAN VIEW
DARWIN
CURTIS

CATALPA

LEONARD

BELVEDERE

UNNAMED

DRIVEWAY
HUGUS
LINDEN

MAGNOLIA

SEABRIGHT
MINNIE

WASHBURN
JOSEFA
DAHLIA

SUNNYSIDE

GLENWOOD

HUBBARD

RATHBURN

EMELINE

MONTESAND
MAY

SEABRIGHT

DRIVEWAY

DRIVEWAY
SUMNER

UNNAMED
ALLEY

DRIVEWAY

DRIVEWAY
MARKET

DRIVEWAY
ALLEY
ALLEY

DRIVEWAY
EFFEY

CALEDONIA

DRIVEWAY
DARWIN

HANOVER

DRIVEWAY
Parcels designated for Mixed Use High Density (MU-H)
MU-H City of Santa Cruz June 2022

21.878
WATER
OCEAN
SOQUEL
OCEAN

BRANCIFORTE

MORRISSEY
SOQUEL
Branciforte Creek
SOQUEL
WATER
OCEAN
3RD
PINE
MAY

PACIFIC
FRONT
CAYUGA
RIVER
CENTER

BROADWAY
CEDAR
CLIFF

WINDSOR

WINDHAM FREDERICK
MURRAY

BRANCIFORTE
DARWIN

MELROSE

CHESTNUT

HANOVER
ELM
GAULT
DAKOTA
SUMNER
BARSON

CLINTON
EFFEY

OCEAN VIEW
LOGAN

LINCOLN
WALNUT
HALL

WASHINGTON
LOCUST
CHURCH
MYRTLE
CLAY
MAPLE

DRIVEWAY
PEARL
HARBOR
OWEN
LAUREL

BUENA VISTA

MISSION
POPLAR
BIXBY
ALLEY
BLAINE
MORA
SPRUCE
REED
DOYLE
UNION

SEA VIEW
PARK

BERKELEY
WOODS
HIGH
4TH

MARNELL

PACHECO

WASHBURN
MOON

SAN JUAN

HUBBARD
JENNE
JAMES
PLUM
WAVE
MARKET

PENNSYLVANIA
BENITO

CALEDONIA
DAKE

STANFORD
IDAHO
AMAT
NEW
JESSIE

LEIBRANDT

RIVERSIDE
PECK

UNNAMED
HUNOLT
2ND

CATHCART

LEONARD

CANFIELD
KAYE
MOTT
GREEN
KENNAN
BIRCH

MOUNTAIN VIEW
1ST

RIVER STREET SOUTH

HERITAGE

CATALPA

MARINE PARADE

TRINITY

CAMPBELL

BELVEDERE
PLAZA
EMET
DOANE
HUGUS

RAYMOND

JOSEPHINE

GLENVIEW
COLOMA

SEABRIGHT
MINNIE

SAN LORENZO
ANNIE

HARRISON
JOSEFA

BULKHEAD
WATSON

FAIRVIEW

ROOSEVELT

SYCAMORE

EVERSON

COMMERCE
KNIGHT

MCCORNICK

PLEASANT

MADRONE
JACOBS
ADOBE

FAIRBANKS

FRAZIER LEWIS

SOUTHAMPTON

MONTESAND
LAUREL

DRIVEWAY
ALLEY

DRIVEWAY

DRIVEWAY
EFFEY

DRIVEWAY
MARKET

PENNSYLVANIA

DRIVEWAY
ALLEY

DRIVEWAY

DRIVEWAY
ALLEY

RIVERSIDE
ALLEY
ALLEY

DRIVEWAY

CALEDONIA
ALLEY

DARWIN ALLEY

CHESTNUT
ALLEY

DRIVEWAY
JESSIE
ALLEY
ALLEY
ALLEY
ALLEY
ALLEY
ALLEY

DRIVEWAY
OCEAN

DRIVEWAY
ALLEY

DRIVEWAY
3RD
MAY

DRIVEWAY
ALLEY

DRIVEWAY
Parcels designated for Mixed Use in the Ocean Street Corridor San Lorenzo River
Mixed Use Ocean Medium Density (MU-OM)
Mixed Use Ocean High Density (MU-OH)
Mixed Use Visitor High Density (MU-VH)
Mixed Use Visitor Additional Height (MU-VA)
City of Santa Cruz June 2022

21.879

MU-M MU-H MU-OM MU-OH MU-VH MU-VA
Height Max,
Commercial
-Only
3 & 40 4 & 50 3 & 45 4 & 55 4 & 55 6 & 75
Height Max,
Mixed Use 4 & 45 5 & 55 3 & 40 4 & 50 4 & 50 6 & 70
Height
Minimum
(Stories and
Feet)
No Minimum No Minimum 1 & 16 2 & 24 2 & 24 3 &40
FAR max.
(from GP) 1.75 2.75 1.75 1.75 2.75 2.75
Setbacks*
Front 0 0 0 0 0 0
Rear 15* 20* 10* 10* 15* 20*
Side 0* 0* 0* 0* 0* 0*
Max.

Residential
Zoning
Density
No density No density No density No density No density No density Max.

Residential
GP Density
30 du/ac 55 du/ac 30 du/ac 30 du/ac 55 du/ac 55 du/ac
Commercial
Uses based
on
C-C C-C C-C +OSAP C-C +OSAP C-C +OSAP C-C +OSAP
* Where a Mixed-Use District abuts a residential district, the setbacks for the first 3 stories shall be as listed, or as required for the adjacent residential district, whichever is greater. Above 3 stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185.

21.880

CITY OF SANTA CRUZ
City Hall
809 Center Street
Santa Cruz, California 95060

PLANNING COMMISSION
Minutes
Special Meeting
June 30, 2022
7:00 P.M. SPECIAL MEETING OF THE PLANNING COMMISSION, ZOOM WEBINAR Call to Order-The meeting was called to order at 7:00 p.m.

Roll Call-Commissioners Conway, Kennedy, Maxwell, Mesiti-Miller, Schiffrin and Chairperson Dawson were present. Commissioner Greenberg was absent with notification.

Statements of Disqualification-None
Public Hearings

1. 109 South Rapetta Road 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.

Senior Planner Timothy Maier presented the item to the Commission.

Applicant John Swift addressed the Commission.

The public hearing was opened.

The following members of the public addressed the Commission: none.

The public hearing was closed.

MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Conway, to recommend that the City Council approve the Final Map Amendment and Major Modification, as designed in Alternative 2, based on the environmental determination, and the Findings and Conditions of Approval in the attached Draft Resolution.

21.881
ACTION: The motion passed by the following vote:

AYES: Conway, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson NOES: None
ABSENT: Greenberg

2. Objective Development Standards for Multifamily and Mixed-Use Housing Ordinance Amendments
Senior Planner Sarah Neuse presented the item to the Commission.

The public hearing was opened.

The following members of the public addressed the Commission: Candace Brown; Unidentified speaker; Jim Burns; Ryan Meckle.

The public hearing was closed.

MOTION: Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Conway 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.

MOTION TO AMEND MAIN MOTION: Motion to amend the motion on the floor made by Commissioner Schiffrin, seconded by Commissioner Maxwell, that under Section 24 12 185 the language be changed to read: ‘There should be no design permit public hearing for projects proposing no variation from the objective standards, only for projects of 25 units or less and a Zoning Administrator hearing for projects from 26-50 units and no more than five variations and a Planning Commission hearing if over 50 units or more than five variations.’
ACTION ON THE MOTION TO AMEND: The motion to amend the main motion failed by the following vote:

AYES: Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
ABSENT: Greenberg

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MOTION TO AMEND MAIN MOTION: Motion to amend the main motion on the floor made by Commissioner Schiffrin, seconded by Commissioner Maxwell, that for all districts proposed for amendments where there would be approval by-right for housing and mixed-use projects that right would be allowed for developments with 3-25 units and a special use permit shall be required for all developments over 25 units.

ACTION ON THE MOTION TO AMEND: The motion to amend the main motion failed by the following vote:

AYES: Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
ABSENT: Greenberg
MOTION TO AMEND MAIN MOTION: Motion to amend the motion on the floor made by Commissioner Schiffrin, seconded by Commissioner Maxwell, for Section 24.16.020 the following be added at the end of the paragraph:
‘Projects with a 30 percent density bonus shall have a 25 percent inclusionary requirement; projects with a 50 percent density bonus shall have a 30 percent inclusionary requirement.’
ACTION ON THE MOTION TO AMEND: The motion to amend the main motion failed by the following vote:

AYES: Maxwell, Schiffrin, Dawson
NOES: Conway, Kennedy, Mesiti-Miller
ABSENT: Greenberg
ACTION ON THE MAIN MOTION: The matter is continued to the next regular meeting of the Planning Commission, due to the following tie vote (per the Planning Commission Bylaws, Article XI, Section 6):

AYES: Conway, Kennedy, Mesiti-Miller
NOES: Maxwell, Schiffrin, Dawson
ABSENT: Greenberg
MOTION: Motion made by Commissioner Kennedy, seconded by Commissioner Maxwell, to continue this item to the Planning Commission meeting of July 21, 2022.

ACTION: The motion passed by the following vote:

AYES: Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Dawson NOES: Conway
ABSENT: Greenberg
Adjournment-The meeting adjourned at 9:43 p.m.

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1 PLANNING COMMISSION

AGENDA REPORT
DATE: July 15, 2022
AGENDA OF:

DEPARTMENT:

July 21, 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: This item was originally agendized and heard at a Special Meeting of the Santa Cruz City Planning Commission on June 30, 2022. Voting on the motion to recommend the staff proposal to the City Council, and proposed amendments to that motion, resulted in tie votes (one Commissioner was absent), triggering the requirement for a continuance per the Commission bylaws. A motion was passed to continue this item to a date certain at the regularlyscheduled meeting of the City Planning Commission on July 21, 2022.

The original report from June 30 and all attachments are included for public and Commission review. This report will respond briefly to the policy issues raised in the motions made at the previous hearing. Staff recommends that Commissioners review the materials and the recording of the hearing from June 30 in preparation for the upcoming hearing; the discussion here assumes that readers are familiar with those materials.

DISCUSSION: During the discussion and motion-making at the previous hearing on this item, Commissioners raised several policy issues and concerns that would benefit from brief responses to ensure context for Commissioners and members of the community following this item. These items are addressed in the following paragraphs in no particular order.

Failed Motions to Amend: The process for Design Permit review should be amended to include the following text ‘There should be no design permit public hearing for projects proposing no

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2 variation from the objective standards, only for projects of 25 units or less, and a Zoning Administrator hearing for projects from 26-50 units and no more than five variations and a Planning Commission hearing if over 50 units or more than five variations.’ AND ‘For all districts proposed for amendments where there would be approval by-right for housing and mixed-use projects that right would be allowed for developments with 3-25 units and a special use permit [requiring a public hearing before the Planning Commission] shall be required for all developments over 25 units.

The staff proposal for amendments to Municipal Code Sections 24.04 and 24.08 would create a review process for housing developments that recognizes the limitations placed on local decision-makers by the requirements of various state laws that restrict review to compliance with objective design and development standards. The motion to adjust this process to include a public hearing based on the number of units in a development proposal would add friction to conforming projects without increasing the scope or effectiveness of any public input. The process proposed by staff is intended to incentivize fully conforming development proposals, including projects that do not propose a Density Bonus, and staff shares the concern of the commissioner who pointed out that requiring a public hearing for a conforming project eliminates that incentive and is likely to make application variations to our objective design standards more appealing.

The staff proposal would preserve the existing community outreach policy, maintain the right of appeal, and continue the existing standards and requirements for public hearings for Density Bonus, Variance, Planned Development, or Development Agreement applications. The staff proposal removes any distinction for level of review based on the number of dwelling units in order to ensure that larger projects are not discouraged, conforming projects are favored and facilitated, and to provide transparency about when, how, and to what degree public comments can affect the final design of a development proposal.

The proposed amendments to the staff recommendation would create a public process that extends the time and cost involved in permitting, invites the public to comment on features of a project that cannot be conditioned by the decision-making body, and removes any incentive a developer might have to propose a fully conforming project. Because the public hearing requirement based on project size will not alter the degree to which public comment can be incorporated, it could cause the public to feel confusion, mistrust, and further lack of understanding about how the land use entitlement process functions and when and to what extent their comments and concerns can be addressed in the City’s regulations.

Failed motion to amend: Section 24 16 020 the following be added at the end of the paragraph:
‘Projects with a 30 percent density bonus shall have a 25 percent inclusionary requirement; projects with a 50 percent density bonus shall have a 30 percent inclusionary requirement.’ Staff has previously addressed the desire by the Commission to raise the inclusionary standard to a higher percentage of dwelling units that must be restricted to the Low-Income level (the Commission has expressed no interest in adjusting the level of affordability). This issue was analyzed in relation to Density Bonus applications in a report from February of this year that is included as an attachment. In prior discussions of this topic, some Commissioners and City Council members have expressed reluctance to perform the recommended nexus study to confirm the appropriateness of an increased inclusionary requirement. Frequently, the change from 15-percent to 20-percent in early 2020 is cited as evidence that a study is not needed; that

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3 development in Santa Cruz can withstand these increased costs without slowing down marketrate housing production.

It may be true that the overall number of housing development applications has not slowed in response to the change in the inclusionary requirement, and of the development applications that have been subject to the 20-percent inclusionary standard all but a handful1 have utilized the State Density Bonus Law, reducing the overall ratio of affordable units in these projects to less than the prior 15-percent threshold. This outcome was also predicted by the economic analysis of development costs conducted by the Objective Standards project team. The test fit analysis and the development calculator both indicate that the margins on multi-family construction in Santa Cruz are tight. Increased labor and materials costs, combined with rising interest rates could further act to make development even more sensitive to increased development costs. This sensitivity is particularly acute in smaller projects. These tight margins make Density Bonus projects more appealing because applications are entitled to waivers of any development standards that physically preclude development of the number of units to which they are entitled.

Such waivers are most commonly requested for height, number of stories, floor area ratio (FAR), parking, open space, and setbacks.

It seems likely this outcome would continue and perhaps escalate (going from a typical 35- percent Density Bonus to 50-percent) should the inclusionary rate be increased for Density Bonus applications. The extra unit production could facilitate the City coming closer to meeting some segments of the Regional Housing Need Allocation (RHNA) for the next Housing Element Cycle, and could also make development of the harder-to-produce Very-Low-Income units less attractive based on the incentives built in to the State Density Bonus Law:

The Density Bonus Law recognizes and incentivizes deeper levels of affordability by providing a larger bonus for Very Low-Income Units than for Low- or Moderate-Income units. An unintended consequence of a change to the inclusionary requirements for proposals that pursue density bonus, could be that by raising the inclusionary requirement for the base units, it could alter the incentives for developers to produce these Very Low-Income units by eliminating the difference in the bonus received for providing Very Low-Income versus Low-Income housing.

For example, if the goal is to yield 20-percent of the total developed units as affordable, for a project pursuing a 50-percent density bonus the inclusionary requirement on the base units would need to be 30-percent. Providing 30-percent affordability, at either the Very Low Income or the Low Income level, yields the same 50-percent density bonus, removing any incentive for the developer to provide the more deeply subsidized units. Conversely, the current inclusionary level of 20-percent includes a distinction between the bonus granted for Very Low-Income units versus Low-Income units, providing an incentive for a developer to pursue the more deeply affordable units if they are interested in developing a larger project, or Low Income Units if they prefer to only pursue the 35- percent bonus. Given current and projected levels of RHNA attainment, staff generally favors policies that support housing production at the deepest levels of affordability, and careful consideration and analysis is necessary when policy choices could affect production of these units.

Public Comments: Rezone Soquel and Water St addresses to Mixed Use Medium Density (MUM) rather than Mixed Use High Density (MU-H) 1 Of the 16 large projects (20+ units) subject to the 20% inclusionary standard, either approved or currently under review, only two are conforming proposals. One project included a request for variations as part of a Planned Development Permit. The remaining 13 have used the Density Bonus Law.

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4 This topic was discussed at the prior hearing, and it is worth addressing again in writing for members of the public who may not have been able to be present at the hearing. The City cannot rezone as requested based on the requirements of the California Housing Accountability Act, which does not allow for a reduction in development capacity below what was allowed by the General Plan or any zoning ordinance, as those standards were in effect on January 1, 2018. In the case of Santa Cruz, this indicates that the full capacity of 2.75 FAR must be accommodated on those sites that are identified with a Mixed-Use High Density (MXHD) land use designation in the adopted 2030 General Plan. The proposed MU-H zoning implements the existing housing intensity allowed in the 2030 General Plan and goes no further - A MU-M zoning on those sites would not be consistent with the General Plan, and that would therefore be inconsistent with State law.

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 Department 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.

Prepared by:

Sarah Neuse
Senior Planner
Approved by:

Matt VanHua
Principal Planner
Approved by:

Eric Marlatt
Assistant Director of
Planning and Community
Development
ATTACHMENTS:

1. Planning Commission Staff report of June 30, 2022

2. Planning Commission Staff report of February 3, 2022

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1 Planning Commission

AGENDA REPORT
DATE: 1/27/22
AGENDA OF: 2/3/2022
DEPARTMENT: Planning and Community Development
SUBJECT: Subcommittee Discussion of Small-Unit Inclusionary Requirements RECOMMENDATION: No Action by Planning Commission on this item.

BACKGROUND:

In October of 2021, staff brought the Planning Commission a proposal to amend the Municipal Code sections relating to Single Room Occupancy (SRO) and Small Ownership Unit (SOU) development in response to direction originating in the City’s Housing Blueprint processes. The Commission declined to hear the item as proposed and instead continued the item to a date uncertain in order to create a Subcommittee of Planning Commissioners (Subcommittee) to work with staff to address Commission concerns. The Subcommittee was established at the Planning Commission meeting of November 18, 2021, and Chair Schiffrin appointed Commissioner Dawson, Commissioner Greenberg, and himself to the Subcommittee. The Subcommittee met with staff twice during November and December of 2021 and discussed the recommended ordinance amendments. All parties were hopeful that a revised proposal would be ready for review at the regularly scheduled meeting of the Planning Commission on December 16, and therefore a public notice was published, but the proposal was not complete at that time. The item was continued to a date certain during the December 16, 2021 Planning Commission meeting.

One of the subcommittee recommendations related to increasing the inclusionary requirement and the regulations for that matter are located in a section of the Municipal Code that was not included in the continued notice from the original meeting. This item was separated from the other proposed amendments on the agenda in order to acknowledge the Subcommittee’s additional recommendations and allow the Planning Commission to discuss the item that has not been noticed for a public hearing.

This report summarizes the Subcommittee’s desire to increase the inclusionary requirement on certain projects pursuing a density bonus.

DISCUSSION:

The Housing Subcommittee of the Planning Commission convened twice in November and December 2021 to discuss the proposed amendments. During these meetings, members expressed concerns with the manner in which the proposed FDU units interact with State Density Bonus Law. The Subcommittee asked staff to draft ordinance language that would result in either

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2 15% or 20% of the total units (base units + bonus units) in a development project to be restricted as affordable housing. A preliminary legal opinion from the City Attorney indicates that such a policy could potentially be executed in a legal manner, and the Subcommittee was interested in including the beginnings of this policy with the proposed FDU ordinance.

City staff has not included this policy in the current proposed ordinance amendments. The Municipal Code chapter that contains the inclusionary regulations, Chapter 24.16, was not publicly noticed as a potential change area, and changes in the inclusionary ordinance require a level of analysis that is not feasible for City staff to conduct without consultant support. During the upcoming Housing Element update, the State Department of Housing and Community Development will require that the City evaluate the inclusionary ordinance as a constraint, and a feasibility analysis would satisfy that requirement. The City needs to be sure that any increase in the inclusionary housing requirement will not have the effect of cooling the creation of housing, especially during this local, regional, and state-wide housing crisis.

Market analysis performed for the Objective Development Standards project showed that the profit margins for multi-family and mixed-use development are tight in the current market, making a density bonus a more appealing option for applicants. Staff is concerned that changes to development standards that further increase costs could potentially harm overall housing production. This was especially true for smaller projects in the R-L and R-M zone districts where some of the “missing middle” housing types could be created. These small projects are extremely sensitive to cost increases, as the profit margins are tighter than in a larger development, and the density bonus provides some opportunity for these sites to realize the potential to actually redevelop for multi-family housing; an increase to the inclusionary requirement might eliminate the possibility of redevelopment entirely. Increasing the inclusionary requirement is complex and raises many issues to consider, and staff believes it should only be done through separate, comprehensive process.

One example of the complications this issue raises is that the depth of affordability that is provided has a significant effect on the size of the bonus that becomes available to a development project. This aspect has not been adequately discussed or analyzed. Current State Density Bonus Law allows for the following bonuses based on depth of affordability:

AFFORDABLE UNIT

PERCENTAGE
VERY
LOW
INCOME
Bonus
LOW
INCOME
Bonus

MODERATE
INCOME
Bonus
10% 32.50% 20% 5%
15% 50% 27.50% 10%
20% 50% 35% 15%
25% 50% 50% 20%
30% 50% 50% 25%
Source: Meyers Nave “Guide to the California Density Bonus Law” 2021 Update The table shows that the depth of affordability is tied to the amount of bonus density that is available. So making 20% of the base units affordable at the Moderate Income level yields a 15% bonus of market rate units, and restricting the same 20% to the Very Low Income (VLI) level yields a much higher bonus of an additional 50% of market rate units. This difference in the

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3 bonus amount is based on the level of subsidy the project applicant will need to put into units at differing levels of affordability and has the effect of making VLI housing units feasible for market rate developers to produce. VLI units are the most challenging units to produce, require a substantial subsidy, and are the only category in which the City of Santa Cruz is currently failing to meet its Regional Housing Need Allocation (RHNA).

The City’s Density Bonus also recognizes and incentivizes deeper levels of affordability. An unintended consequence of a change to the inclusionary requirements for FDU developments that pursue a density bonus (or any type of developments that pursue density bonus, for that matter) could be that by raising the inclusionary requirement for the base units, it could alter the incentives for developers to produce these VLI units by eliminating the difference in the bonus received for providing VLI versus Low Income housing.

For example, if the goal is to yield 20% of the total developed units as affordable, for a project pursuing a 50% density bonus the inclusionary requirement on the base units would need to be 30%. Providing 30% affordability, at either the VLI or the Low Income level, yields the same 50% density bonus, removing any incentive for the developer to provide the more deeply subsidized VLI units. Conversely, the current inclusionary requirement of 20% provides a distinction between the bonus granted for VLI units versus Low Income units, providing an incentive for a developer to pursue VLI units if they are interested in developing a larger project, or Low Income Units if they prefer to only pursue the 35% bonus. Given current and projected levels of RHNA attainment, staff generally favors policies that support housing production at the deepest levels of affordability, and careful consideration and analysis is necessary when policy choices may remove existing incentives to VLI unit production.

Finally, the Planning Commission discussed an item on their previous agenda that addressed this issue for all types of housing citywide, and staff believes that if Council is interested in redirecting staff work towards studying these potential inclusionary changes, the most logical path forward is to conduct the required analysis holistically, considering all housing types that could be affected, not just FDUs. No Commission action is needed for this, as the prior Commission recommendation spoke to the broader issue of pursuing an alternative inclusionary requirement for density bonus projects. Attachment 1 includes the Commission’s report on that item from January 20, 2022. The motion at that meeting was “to recommend that the City Council be requested to amend the inclusionary ordinance to increase the affordable housing requirement for density bonus developments to result in net affordability requirements of either 15 or 20 percent” and that motion passed by a vote of 5-2. However, if the Planning Commission wishes to move this item forward singularly, it can recommend that Council review the Subcommittee recommendation and make a decision on whether to direct staff to include the recommendation in a new ordinance amendment to be brought before Planning Commission and Council for action.

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4 Submitted By:

Sarah Neuse
Senior Planner
Approved By:

Matt VanHua
Principal Planner
Advance Planning
ATTACHMENTS:
1) Planning Commission Report of January 20, 2022 regarding proposed changes to the inclusionary requirements for development projects pursuing a State Density Bonus.

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CITY OF SANTA CRUZ
City Hall
809 Center Street
Santa Cruz, California 95060

PLANNING COMMISSION
Minutes
July 21, 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 Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, and Chairperson Dawson were present. Commissioner Conway was absent with notification.

Statements of Disqualification-None
Oral Communications-The following members of the public addressed the Commission: Tim Favaloro, Rafa Sonnenfeld.

Approval of Minutes

1. Approve the Minutes of June 2, 2022.

ACTION: The minutes of June 2, 2022, continued to the next regular meeting for approval.

2. Approve the minutes of June 30, 2022.

MOTION: Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Kennedy, to approve the minutes of June 30, 2022.

ACTION: The motion passed by the following vote:

AYES: Kennedy, Maxwell, Mesiti-Miller, Schiffrin, and Chairperson Dawson NOES: None
ABSTAIN: Greenberg

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ABSENT: Conway
Information Items

3. Climate Action Plan Update
Sustainability and Climate Action Manager, Dr. Tiffany Wise-West presented the update to the Commission. No action taken.

Public Hearings

4. Objective Development Standards for Multifamily and Mixed-Use Housing Ordinance Amendments
Senior Planner Sarah Neuse presented the item to the Commission. Planning and Community Development Director Lee Butler also present.

The public hearing was opened.

The following members of the public addressed the Commission: Rafa Sonnenfeld, Candace Brown
MOTION: Motion made by Commissioner Kennedy, seconded by Commissioner Mesiti-Miller, 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.

MOTION TO AMEND THE MAIN MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to add the following to the proposed amendments for recommendation to the City Council: For the hearing body and procedures Section 24 12 185, there should be no design permit public hearing for projects proposing no variation from objective standards, only for projects with 50 units or less. A Zoning Administrator hearing shall be required for projects with 50 to 100 units and a public Planning Commission hearing shall be required for projects over 100 units or more than five variations.

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MOTION: Chairperson Dawson introduced a motion to accept a motion to amend the main motion for consideration.

ACTION: The motion passed by the following vote:

AYES: Greenberg, Maxwell, Schiffrin, Chairperson Dawson NOES: Kennedy, Mesiti-Miller
ABSENT: Conway
ACTION: The motion to amend the main motion failed by the following vote:

AYES: Maxwell, Schiffrin, Chairperson Dawson
NOES: Greenberg, Kennedy, Mesiti-Miller
ABSENT: Conway
MOTION TO AMEND THE MAIN MOTION: Motion made by Commissioner Schiffrin, seconded by Chairperson Dawson, to add the following to the proposed amendments for recommendation to the City Council: in terms of zoning district regulations, for all districts proposed for amendments the approval as a principally permitted use will be allowed for projects from 3 to 100 units. A special use permit shall be required for all developments over 100 units.

MOTION: Chairperson Dawson introduced a motion to accept a motion to amend the main motion for consideration.

ACTION: The motion passed by the following vote:

AYES: Greenberg, Maxwell, Schiffrin, Chairperson Dawson NOES: Kennedy, Mesiti-Miller
ABSENT: Conway
ACTION ON THE MOTION TO AMEND THE MAIN MOTION: The motion failed by the following vote:

AYES: Maxwell, Schiffrin, Chairperson Dawson
NOES: Greenberg, Kennedy, Mesiti-Miller
ABSENT: Conway
MOTION TO AMEND THE MAIN MOTION: Motion made by Commissioner Schiffrin, seconded by Commissioner Maxwell, to add the following sentence to the last paragraph of Section 24 16 020: ‘Projects with a 30 percent density bonus shall have a 25 percent inclusionary requirement. Projects with a 50 percent density bonus shall have a 30 percent inclusionary requirement.’ MOTION: Chairperson Dawson introduced a motion to accept a motion to amend the main motion for consideration.

ACTION: The motion passed by the following vote:

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AYES: Greenberg, Maxwell, Schiffrin, Chairperson Dawson NOES: Kennedy, Mesiti-Miller
ACTION ON THE MOTION TO AMEND THE MAIN MOTION: The motion to amend the main motion passed by the following vote:

AYES: Greenberg, Maxwell, Schiffrin, Chairperson Dawson NOES: Kennedy, Mesiti-Miller
ABSENT: Conway
ACTION ON THE MAIN MOTION AS AMENDED: The main motion, as amended, passed by the following vote:

AYES: Greenberg, Maxwell, Schiffrin, Chairperson Dawson NOES: Kennedy, Mesiti-Miller
ABSENT: Conway

5. Zoning Ordinance Updates A22-0002 and A22-0003
Senior Planner Katherine Donovan presented the item to the Commission.

Planning and Community Development Director Lee Butler also present.

The public hearing was opened.

The following members of the public addressed the Commission: Kindred Sparks.

The public hearing was closed.

MOTION: Motion made by Commissioner Schiffrin. Commissioner Mesiti-Miller seconded the motion, providing the maker of the motion is agreeable to a friendly amendment to exempt play structures from this ordinance.

Commissioner Schiffrin withdrew his motion.

MOTION: Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Maxwell, to recommend that City Council approve Municipal Code Amendments A22-0002 and A22-0003, revisions to Title 24, Zoning Ordinance of the Santa Cruz Municipal Code, to clarify and update various code sections, remove obsolete sections and references, streamline application processes, and bring the Zoning Ordinance into conformity with State law. A22-0003 also amends the Local Coastal Program, provided that children’s play structures less than 50 square feet in the plan area and do not create a traffic safety hazard be exempt from the ordinance.

FRIENDLY AMENDMENT: Commissioner Schiffrin proposed a friendly amendment to require that children’s play structures be less than 14 feet high and set back more than three feet from the front property line be exempt from the ordinance. The maker and second of the motion accepted the friendly amendment, the motion on the floor reads as follows:

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Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Maxwell, to recommend that City Council approve Municipal Code Amendments A22-0002 and A22-0003, revisions to Title 24, Zoning Ordinance of the Santa Cruz Municipal Code, to clarify and update various code sections, remove obsolete sections and references, streamline application processes, and bring the Zoning Ordinance into conformity with State law. A22-0003 also amends the Local Coastal Program, provided that children’s play structures less than 50 square feet in the plan area and less than 14 feet high and set back more than three feet from the front property line, and do not create a traffic safety hazard be exempt from the ordinance.

ACTION: The motion passed by the following vote:

AYES: Greenberg, Kennedy, Maxwell, Mesiti-Miller, Schiffrin, Chairperson Dawson
NOES: None
ABSENT: Conway
Subcommittee/Advisory Body Oral Reports-None
Items Referred to Future Agendas-Director Butler advised the Commission the 109 S.

Rapetta item will be presented to the City Council on their August 23, 2022 agenda; the Objective Standards and Zoning Amendment packages, as well as the Climate Action Plan will be presented to Council at their August 23, 2022 meeting. Staff does not foresee any items coming to the Planning Commission in August 2022, but anticipates the 126 Eucalyptus memory care residential use item will be presented to Planning Commission on September 1, 2022.

Adjournment-The meeting adjourned at 10:14 p.m.

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Planning Commission

AGENDA REPORT
DATE: July 15, 2022
AGENDA OF: July 21, 2022
DEPARTMENT: Planning and Community Development
SUBJECT: A22-0002 and A22-0003 Zoning Ordinance Updates (PL) RECOMMENDATION: That the Planning Commission recommend that City Council approve Municipal Code Amendments A22-0002 and A22-0003, revisions to Title 24, Zoning Ordinance of the Santa Cruz Municipal Code, to clarify and update various code sections, remove obsolete sections and references, streamline application processes, and bring the Zoning Ordinance into conformity with State law. A22-0003 also amends the Local Coastal Program.

BACKGROUND: The City’s Zoning Ordinance is frequently referenced by staff, developers, residents, and business owners to help them determine how they can best utilize their properties.

Staff continually looks for ways to streamline processes to minimize unnecessary delays and update standards that have proven to be problematic. The Department also looks to make sure that there is consistency throughout the many sections of the Zoning Ordinance as updates undertaken at different times do not always capture every reference to a particularly topic. In addition, as State law changes, the Zoning Ordinance needs to be updated to reflect those changes. The proposed Zoning Ordinance Amendments include a variety of updates, clarifications, corrections, and changes intended to better serve the City.

DISCUSSION: The proposed Zoning Ordinance amendments are separated into two amendment packages, one that also amends the Local Coastal Program and one that does not.

Clean and redline versions of each set of amendments are attached. As there are a number of revisions in these amendments, they are summarized in the Zoning Ordinance Update Summary Table attachment. The following sections include further discussion on the amendments as broken down into five categories: amendments for consistency, streamlining processes, State law conformance, updates to standards, and other minor revisions. The Objective Standards Ordinance is being processed on a similar timeline to these amendments and amends some of the same sections of the Municipal Code. To ensure that the two projects do not overwrite each other in these code sections, they will be combined into a single ordinance to be reviewed by the City Council.

Amendments for Consistency
As changes are made to the Zoning Ordinance, there is a need to update multiple sections to ensure consistency throughout the ordinance. An example of this is an amendment that was made last year to update the Accessory Dwelling Unit (ADU) section of the Zoning Ordinance that included deleting the section of the ordinance related to Conditional Driveway Permits. While that section of the code was intended to be deleted in its entirety, an error in the wording of the deletion left a portion of that section in place. In addition, the reference to the permit was not

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deleted from Chapter 24.04 – Administration, which includes lists of permit types, public hearing requirements, and a table showing which hearing bodies make decisions related to which types of projects. This amendment includes removing all references to the Conditional Driveway Permit from the Ordinance. Related changes in the Parking section (Part 3) of Chapter 24.12 – Community Design were also not reflected in Chapter 24.16 – Affordable Housing Provisions, Part 2 – Accessory Dwelling Units and are corrected with these amendments.

Another change related to consistency is to the use determination process. This is a process that allows the Zoning Administrator to review uses that are not listed as principal uses or conditional uses in specific zoning districts and to make the determination that such a use is similar to other permitted uses in that district. As it is infeasible to list every possible use in the district regulations, this process is used to allow less common uses that may not be listed in the allowed uses for the zoning district. Currently, the language for use determinations in the various zoning districts is similar but not identical. This amendment would revise the Use Determination section in each zoning district so that the description is identical in all districts with the exception of the Small Craft Harbor District, which includes a reference to the Harbor Plan. It would also add the Use Determination section to the General Industrial District/Performance District.

Other consistency revisions would update the list of use permits that do not require a public hearing (24.04.090) and the Decision-Making Body table (24.04.130) to reflect that updated list.

Streamlining Processes
One of the goals of staff is to ensure that permit processing is streamlined to the extent possible, with the level of processing commensurate with the potential impacts of a project. This amendment proposes to remove the public hearing requirement for a restaurant that is applying for a use permit to serve alcohol, which is defined as a “Low Risk Alcohol Permit.” These Zoning Administrator hearings are relatively straightforward, often with no one in attendance other than the applicants. Given that alcohol service at restaurants is commonplace and the lack of public interest shown toward such permits, requiring a public hearing is serving no purpose and makes the permit both more costly and more time-consuming. Note that although the public hearing requirement is recommended to be eliminated, the City still retains discretionary authority, and thus the ability to impose conditions of approval, through issuance of an administratively approved use permit.

Another proposed streamlining measure in this amendment package clarifies minor modifications of existing use permits. Code amendments adopted in 2020 imply that proposed modifications that do not increase the intensity of the use, parking demand, or floor area by more than fifteen percent are not limited to one modification within a five-year period as is required for modifications that do increase intensity, parking, or floor area more than fifteen percent. The proposed code amendment clarifies the intent of the 2020 amendment.

State Law Conformance
State law related to large family daycare homes has changed since this area of the Zoning Ordinance was last updated. Such uses are now required to be allowed by right in any residential unit. While this is a relatively small change, it requires a revision to each zoning district in which residential uses are allowed, so it involves many sections of the Zoning Ordinance.

There have also been changes in State law related to relocation assistance and residential replacement of demolished units. This is a complex issue in State law so the updates remove

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requirements that are inconsistent with State law, update some of the language related to relocation and replacement requirements, and refer to State law to cover areas beyond the scope of the Zoning Ordinance. It is expected that a full update to these code sections to bring the local ordinance into full compliance with State law will be processed in the future.

A final update related to consistency with State law is to remove a requirement from Section

24.12.430 (Protection of Archaeological Resources) for a list of known archaeological sites to be approved by City Council. State law requires that archaeological sites be kept confidential to discourage the illicit removal of archaeological resources. Requiring that there be a list of known sites approved by City Council is contrary to keeping these sites confidential. As City staff review databases to determine if there are known or likely archaeological resources in the location when applicants submit permits, protective measures are applied as appropriate without the need to make the location of these sites more generally available.

Updates to Standards
In the course of day to day work, staff observes certain processes that do not benefit the applicant, residents, or the City as a whole. One of these processes relates to fence regulations.

Currently fences are limited in height to three and a half feet within the front and exterior side yard setback areas of a property and, with amendments included in the Objective Standards Ordinance, eight feet in the rear and interior side yards. Property owners of corner lots in residential districts who want a privacy fence along the exterior side of their property must currently set the fence back eight feet from the property line fronting the street to avoid the need for a Conditional Fence Permit. Often, this setback utilizes a substantial amount of the property that owners are trying to use as private yard area. While requiring this setback for a six-foot fence provides the benefit to the City of a more open and visually pleasing neighborhood, the consensus among staff has been that this could be achieved with a smaller setback. The proposed change would allow a fence of up to six feet along the exterior side yard as long as the fence was set back a minimum of three feet from the exterior side property line, with the six foot fence beginning at either the standard district setback from the front property line (20 feet in an R-1-5 Zone) or in line with the building frontage, whichever distance is greater.

In addition to the updates to the fence regulations, the proposed amendment would make revisions to the Accessory Buildings section (24.12.140). Several years ago, City Council approved changes to this section to remove the term “accessory structures.” At that time, there was confusion as to the regulation of structures as opposed to buildings and this appeared to be the solution. After the change had been made, staff discovered that there was still a need to regulate accessory structures as well as accessory buildings, especially around children’s play equipment, which can be either a building (i.e. enclosed playhouse) or a structure (i.e. swing set).

The current ordinance precludes any accessory building from being located in a front or exterior side yard setback. The proposed amendment would add a second subsection related to accessory structures and would allow these structures in the front and exterior side setbacks as long as they are no more than eight feet in height and are not within a clear corner triangle. Certain children’s play equipment that are not buildings (i.e. swing sets) could be allowed under this new provision.

The proposed amendment would also update the accessory building section to allow enclosed children’s play structures that are no taller than five feet and thirty square feet in area within the front setback. Tree houses remain unregulated, assuming they are not freestanding structures, are fully supported by the tree, and are used as children’s play structures. The proposed amendments

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are intended to allow play equipment to be located in the front yard in a manner that it is subordinate to the primary structure of the lot and does not dominate the streetscape.

Other Minor Revisions
There are several other minor revisions proposed to be included in this amendment. In section

24.06.030, the Planning Director would be added along with the Planning Commission and City Council as being able to initiate zoning map and Municipal Code text amendments. In Section

24.12.120 – Projections into Required Yard Areas, the term “conforming interior side yards” is revised to “required setbacks” as areas in which uncovered decks, porches, patios, and similar structures under twenty inches in height would be allowed. In several sections, obsolete words and phrases are proposed to be removed, including references to the Redevelopment Agency and revising “Downtown Recovery Plan” to “Downtown Plan” as approved in 2017. A definition of Flexible Density Units is being added to section 24.16.205, as well as other minor revisions to Chapter 24.16 related to Flexible Density Units and ADUs. Finally, the definition of Building Height is revised to clarify how it is determined (24.22.265) and the Family Daycare Homes definition (24.22.355) is updated.

Environmental Review. These amendments are consistent with the City’s 2030 General Plan and the associated Environmental Impact Report (EIR) adopted by City Council on June 26, 2012. No new impacts are expected as a result of these ordinances that were not otherwise studied in the General Plan EIR. Pursuant to Section 15183 of the California Environmental Quality Act Guidelines, the project is exempt from further environmental review.

Findings. Prior to making a recommendation for approval of the attached amendment to the City Council, the Planning Commission shall make the following findings:

1. Public necessity, general community welfare, and good zoning practice are served and furthered by the proposed amendments in that they bring the Zoning Ordinance into conformance with State law, streamline processing of specific permits, more clearly define certain processes and standards, and remove obsolete phrases and sections.

2. The proposed amendments are in general conformance with the principles, policies, and land use designations set forth in the General Plan and Local Coastal Plan as they are consistent with Actions LU3.1, LU3.1.1, LU3.2.3, and LU3.2.5 of the General Plan and Policies and Sub-Policies CD 1.1, L 2.1, L2.4.2, L 5.3.1, ED2.4.6, and CR 1.3 of the Local Coastal Plan.

Submitted by:

Katherine Donovan
Senior Planner
Approved by:

Matt VanHua
Principal Planner
ATTACHMENTS:

1. A22-0002 Ordinance and LCP Amendment, clean copy

2. A22-0003 Ordinance Amendment, clean copy

3. A22-0002 Ordinance and LCP Amendment, redline version

4. A22-0003 Ordinance Amendment, redline version

5. Zoning Ordinance Update Summary Table

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1 ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING SECTIONS 24.06 – ZONING MAP AND TEXT AMENDMENTS; 24.08 – LAND USE PERMITS AND FINDINGS; 24.10 – LAND USE DISTRICTS; 24.16 – AFFORDABLE HOUSING PROVISIONS; AND 24.22 - DEFINITIONS OF THE SANTA CRUZ MUNICIPAL CODE
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.06.020 – Initiation of Chapter 24.06 – Zoning Map and Text Amendments is hereby amended as follows:

24.06.020 INITIATION.

Amendments can be initiated by the city council, the planning commission, or the Planning Director. In the case of the zoning map, amendments can also be initiated by the owner or authorized agent of the owner of the property included in said proposed change.

Section 2. Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

Sections 24.08.1310 through 24.08.1345 remain unchanged.

24.08.1350 RELOCATION ASSISTANCE.

All low- or moderate-income households displaced by demolition or conversion of use shall receive relocation assistance as described by State law. Developers or property owners with lower income tenants must present a Relocation Plan to the City in the form required by State law and are advised retain a qualified relocation consultant to assist in drafting the Relocation Plan. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income if a low- or moderate-income household currently occupies or had occupied the dwelling unit within five years prior to the date of submission of the application for the demolition/conversion permit, or if substantial evidence exists that a low- or moderateincome household had occupied the unit within five years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.

Relocation assistance shall be defined as two months’ rent or the difference between the tenants’ rent prior to relocation and the rent paid upon relocation as required by State law, whichever is greater. Other arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided nor can the permit applicant influence or threaten the tenant in any manner to agree to

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2 any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of one or more dwelling units or single-room occupancy living units occurs. Replacement requirements shall be based on the total number of units with at least the same total number of bedrooms contained within all low- or moderate-income units to be demolished or converted. a. The basic requirement is that one hundred percent of all low- or moderate-income units and bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site are allowed to be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units shall not be used to fulfill replacement unit requirements.

Subsections 1.c through 1.e are deleted.

Section 24.08.1362 remains unchanged.

Section 24.08.1370 is deleted.

Section 24.08.1380 remains unchanged.

Section 3. Part 23: Conditional Driveway Permit of Chapter 24.08 – Land Use Permits and Findings is hereby deleted.

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3 Section 4. Section 24.10.160 – Home Occupation Regulations of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.160 HOME OCCUPATION REGULATIONS.

Subsections 1 through 3 remain unchanged.

4. Permits Required. A zoning clearance and business license shall be required, except for small and large family daycare homes within residential units, which are exempt from local regulations.

Section 5. Section 24.14.030 – Slope Regulations of Chapter 24.14 – Environmental Resource Management is hereby amended as follows:

24.14.030 SLOPE REGULATIONS.

Subsection 1, no change.

Subsections 2(a) through (c), no change.
d. Driveways within slopes that are thirty percent or greater shall require a slope development permit per Part 9 of Chapter 24.08.

Section 6. Section 24.16.015 – Definitions of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.015 DEFINITIONS.

Subsections 1 through 18 remain unchanged.

19. “Inclusionary unit” is an ownership or rental dwelling unit, including Flexible Density Units (FDU) and single room occupancy (SRO) units, within a residential development which is required under this part to be rented at an affordable rent or sold at an affordable ownership cost to specified households.

Subsections 10 through 27 remain unchanged.

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

29. “FDU” means a Flexible Density Unit as defined at Section 24.12.1510.

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4 Subsections 30 through 32 remain unchanged.

Section 7. Section 24.16.020 – Basic On-Site Inclusionary Housing Requirements of Chapter

24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

Subsection 1.b through 8 remain unchanged.

Section 8. Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.100 PURPOSE.

The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single- or multifamily dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community’s housing stock. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security.

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

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

24.16.120 LOCATIONS PERMITTED.

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

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5 24.16.125 DEFINITIONS.

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

Consistent with zoning standards, conversion accessory dwelling units shall be permitted to expand the existing footprint of the structure by up to one hundred fifty square feet, and the existing height by up to two feet, and must be in conformance with all requirements of Section 24.16.142.
“New construction accessory dwelling unit” shall mean any accessory dwelling unit that includes new construction and which does not meet the definition and requirements for a conversion accessory dwelling unit.

Section 24.16.1130 remains unchanged.

24.16.140 DEVELOPMENT STANDARDS.

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

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

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

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6 properties within the Coastal Zone, parking requirements are contained in Section

24.12.240(1)(w).

Subsections 3 through 6 remain unchanged.

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

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

8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council. c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.) Subsections 7.e through 11 remain unchanged.

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7 Sections 24.16.141 through 24.16.170 remain unchanged.

Section 9. Section 24.16.205 - Definitions of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.205 DEFINITIONS.

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

Subsections 1 through 12 remain unchanged.

13. “Flexible Density Unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and Zoning Ordinance density standards. Developments including this unit type may consist solely of FDUs or include other residential units.

14. “Household income” is the combined adjusted net household income for all adult persons living in a living unit as calculated pursuant to California Code of Regulations, Title 25, Section 6916, or successor provision.

15. “Household, low or lower income” is a household whose income does not exceed the lower-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.

16. “Household, moderate income” is a household whose income does not exceed the moderate-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.

17. “Household, very low income” is a household whose income does not exceed the very-lowincome limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105.

18. “Housing development” is a development project on contiguous lots that are the subject of one development application, consisting of five or more residential units (not including any density bonus units), including single-family and multifamily and single-room occupancy units, for sale or for rent. For the purposes of this Part 3, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing

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8 commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. In all cases density bonus units are not included for the purpose of determining whether the development consists of five or more units or lots.

19. “Incentives and concessions” are regulatory concessions as listed in Section 24.16.255.

20. “Inclusionary unit” is an ownership or rental dwelling unit or single-room occupancy unit within a housing development which is required under Part 1 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households.

21. “Major transit stop” is an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than twenty-five percent of their area farther than onehalf mile from the stop and if not more than ten percent of the units or one hundred units, whichever is less, in the housing development are farther than one-half mile from the stop.

22. “Market rate unit” is a dwelling unit which is not an affordable unit as defined in this Part

3. 23. “Maximum residential density” is the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the General Plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the land use element density shall prevail. This definition is used to calculate a density bonus pursuant to this Part 3 of this chapter.

24. “Partnered housing agreement” is an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

Subsections 25 and 26 remain unchanged.

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9 Section 10. Section 24.22.160 – Building, Height of in Chapter 24.22 – Definitions is hereby amended as follows:

24.22.162 BUILDING, HEIGHT OF.

The vertical distance from average grade, as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average midpoint of roof planes (calculated by using the intersection of the roofline with the exterior building wall, not including eaves or overhangs, as the low point and the peak of the roof as the high point) of the highest gable of a pitch or hip roof. In calculating the height of a stepped or terraced building, the height of each individual segment of the building shall first be calculated; the height of a stepped or terraced building is the height of the tallest segment of the building. Height limitations shall not apply to uses listed in Section 24.12.150, Height limit modifications, of this title.

Section 11. Section 24.22.355 – Family Daycare Home of Chapter 24.22 – Definitions is hereby amended as follows:

24.22.355 FAMILY DAYCARE HOME.

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

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

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10 b. “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 of the State Health and Safety Code and as defined in State regulations.

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1 ORDINANCE NO. 2022-XX

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

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

CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter

24.04 - Administration is hereby amended as follows:

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

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

1. Appeals;

2. Coastal permit;

3. Conditional fence permit;

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

5. Design permit;

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

7. Extension of permits;

8. Historic building survey: building designation and deletion;

9. Historic alteration permit;
9a. Administrative historic alteration permit;

10. Historic landmark designation;

11. Mobile homes: certificate of compatibility;

12. Mobile home park conversion;

13. Planned development permit;

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

15. Relocation permit;

16. Revocation of permits;

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

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; b. Special use permit, for uses requiring a special use permit;

20. Variance;

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2 21. Watercourse development permit;

22. Watercourse variance;

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

Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration is hereby amended as follows:

24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.

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

Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 – Administration of the Santa Cruz Municipal Code is hereby amended as follows:

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

Subsections 1 through 12 remain unchanged.

13. Revocation of permits;

14. Use permits:
a. Administrative use permits, except:
i. when the proposed use is temporary, as defined in this title; ii. for variations to parking design requirements and number of spaces; iii. for half baths in accessory structures; and
iv. for low risk alcohol outlets;
b. Special use permits (including historic district/historic landmark use permits);

15. Variance;

16. Watercourse variance;

17. Project modifications, pursuant to Section 24.04.160(4)(c);

18. Zoning Ordinance and General Plan text and map amendments.

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3 Section 4. Section 24.04.130 – Decision-Making Body with Final Approval Authority on Application Approval of Chapter 24.04 - Administration is hereby amended as follows:

Subsections 1 and 2 remain unchanged.

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

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

ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
The remainder of this table remains unchanged.

Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration is hereby amended as follows:

24.04.160 LIFE OF PERMIT.

Subsections 1 through 3, no change.

4. Modifications.

Subsection a remains unchanged.
b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the

21.913
4 project without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. Minor modifications not related to such increases in floor area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.

Subsection 4.c remains unchanged.

Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

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

2. A public hearing shall be held, except in the following cases:
a. Where the proposed use is temporary, as defined herein; b. Where the proposed use permit is for a variation to design standards for parking or for a reduction to the required number of parking spaces;
c. Where the proposed use is for the construction of a half bathroom in an accessory building, subject to the requirements in Section 24.12.140; or d. Where the proposed use is for a low risk alcohol outlet subject to the requirements of Part 12: Alcoholic Beverage Sales of Chapter 24.12.

Section 7. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.200 remains unchanged.

24.10.210 PRINCIPAL PERMITTED USES.

Subsections 1 through 3 remain unchanged.

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

Subsections 5 through 8 remain unchanged.

24.10.230 USE PERMIT REQUIREMENT.

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

21.914
5 b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

24.10.240 USE DETERMINATIONS.

Section 24.10.250 remains unchanged.

Section 8. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.300 remains unchanged.

24.10.310 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

Subsections 4 through 7 remain unchanged.

24.10.330 USE PERMIT REQUIREMENT.

24.12.140.

21.915
6 e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

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

Subsections 2.a through 2.i remain unchanged.

24.10.340 USE DETERMINATION.

Sections 24.10.350 and 24.10.351 remain unchanged.

Section 9. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.400 remains unchanged.

24.10.410 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

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

5. Community garden.

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

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

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

9. Supportive and transitional housing.

21.916
7 24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
b. Temporary structures and uses.
c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons).

Subsections 2.c through 2.h remain unchanged.

24.10.440 USE DETERMINATION.

Section 24.10.450 remains unchanged.

Section 10. Part 6: R-M Multiple Residence – Medium Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.500 remains unchanged.

24.10.510 PRINCIPAL PERMITTED USES.

21.917
8 Subsections 1 through 3 remain unchanged.

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

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

6. Supportive and transitional housing.

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

24.10.530 USE PERMIT REQUIREMENT.

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

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home.

Subsections 2.c through 2.h remain unchanged.

24.10.540 USE DETERMINATION.

21.918
9 title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 24.10.550 remains unchanged.

Section 11. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.560 remains unchanged.

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:

Subsections 1 and 2 remain unchanged.

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

4. Supportive and transitional housing;

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

Section 24.10.570 remains unchanged.

24.10.575 USE PERMIT REQUIREMENT.

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

21.919
10 d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.580 USE DETERMINATION.

Section 24.10.585 and 24.10.590 remain unchanged.

Section 12. Part 7A: Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.602 remains unchanged.

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses may be subject to approval of a design permit per section 24.08.410 as well as other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small and large family daycare homes in residential units (510a); Subsections 1.c, 1.d, and 2 remain unchanged.

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, may also require a design permit per section 24.10.410, and are subject to other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

21.920
11 Subsections 1.a through 1.d remain unchanged.

Subsection 1.e is deleted and subsection 1.f becomes subsection 1.e. A new subsection 1.f is added.
e. Supportive and transitional housing in multifamily dwellings (three to nine units). f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. Subsection 2 remains unchanged.

24.10.606 USE DETERMINATION.

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

Section 24.10.608 remains unchanged.

Section 13. Part 7B: Subdistrict B – Motel Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Subsection 24.10.610 remains unchanged.

24.10.611 PRINCIPAL PERMITTED USES.

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

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

24.10.612 USE PERMIT REQUIREMENTS.

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

Subsections 1.a through 1.g remain unchanged.

21.921
12 Subsection 1.h is deleted and subsection 1.i becomes subsection 1.h. h. Supportive and transitional housing, nine or fewer units.

Subsection 2 remains unchanged.

24.10.614 USE DETERMINATION.

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

Section 24.10.616 remains unchanged.

Section 14. Part 7C: R-T (C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.618 remains unchanged.

24.10.619 PRINCIPAL PERMITTED USES.

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

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

Subsections 1.a through 1.d remain unchanged.
e. Small and large family daycare homes in residential units; Subsections 1.f, 1.g, and 2 remain unchanged.

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

21.922
13 Subsections 1.a through 1.m remain unchanged.
(n) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (o) Mixed residential, and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830);
(p) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830); (q) Museum and art galleries (600);
(r) Professional offices associated with a visitor-serving use (400); (s) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(t) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (u) Specialty retail supply stores (290);
(v) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
(w) Temporary structures and uses;
(x) Video rental (360B);
(y) Sports and recreation facilities, without alcohol sales (720); (z) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.622 USE DETERMINATION.

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

Section 24.10.624 and 24.10.624.1remain unchanged.

Section 15. Section 24.10.625.4 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.625.4 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of

21.923
14 adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 16. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.626 remains unchanged.

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per section 24.08.410, Conservation Overlay District (Section 24.10.4000), and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a and 1.b remain unchanged.
c. Small and large family daycare homes in residential units (510a); Subsections 1.d through 1.f remain unchanged.

24.10.628 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.c remain unchanged.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.630 USE DETERMINATION.

Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of

21.924
15 adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Sections 24.10.632 and 24.10.633remain unchanged.

Section 17. Part 7E: R-T(E) Subdistrict E – Beach Medium/High Density Residential of Chapter

24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.635 remains unchanged.

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require a design permit per section 24.08.410 as well as other requirements of the Municipal Code:

Subsection 1.a remains unchanged.
b. Small and large family daycare homes in residential units.

Subsection 1.c remains unchanged.

24.10.637 USE PERMIT REQUIREMENT.

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

2. The following uses are subject to approval of a special use permit and may also require a design permit as well as other requirements of the Municipal Code. a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board. b. Recreational buildings and community centers.
c. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.

21.925
16 d. Public and private commercial parking, subject to landscaping and design standards.

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

24.10.638 USE DETERMINATION.

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

Sections 24.10.640 and 24.10.641 remain unchanged.

Section 18. Part 8: C-C Community Commercial District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.700 remains unchanged.

24.10.710 PRINCIPAL PERMITTED USES.

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

Subsections 1.a through 1.r remain unchanged.
s. Small and large family daycare homes in residential units; Subsections 1.t through 1.v remain unchanged.

Section 24.10.720 remains unchanged.

24.10.730 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

21.926
17 Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a through 1.c remain unchanged.
d. Contractor/building (310E);
e. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); f. Fabricated metal products (manufacturing) (150);
g. Fabricated wire products (manufacturing) (155A);
h. Food and beverage preparation (manufacturing) (100); i. Furniture and fixtures (manufacturing) (120);
j. Hospitals (520);
k. Laboratory research experimentation, testing, software development; l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Local/interurban passenger transit (bus, cab) (560B); n. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); o. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840); p. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
s. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
t. Rental services (360);
u. Single-room occupancy (SRO) housing sixteen units or more (860); v. Solar equipment (manufacturing) (155C);
w. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
x. Stone, clay, glass products (manufacturing) (140);
y. Storage and warehouse when connected with permitted use (330); z. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
aa. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
bb. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Sections 24.10.720 and 24.10.730 remain unchanged.

21.927
18 24.10.740 USE DETERMINATION.

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

Section 19. Part 10: C-T Thoroughfare Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.900 remains unchanged.

24.10.910 PRINCIPAL PERMITTED USES.

Subsections 1 through 15 remain unchanged.

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

Subsections 17 and 18 remain unchanged.

Section 24.10.920 remains unchanged.

24.10.930 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.e remain unchanged.
f. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
g. Multiple dwellings and condominiums, nine units or fewer, subject to the minimum land area (net) per dwelling unit of the R-M District (830). h. Recycling collection facilities.
i. Souvenir and gift shops.
j. Single-family dwellings.
k. Small community care residential facilities.
l. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter

24.12. m. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12.

21.928
19 n. Temporary structures and uses.
o. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
p. Two-family dwellings.
q. Veterinary hospitals and clinics.
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12. s. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

24.10.940 USE DETERMINATION.

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

Section 24.10.950 remains unchanged.

Section 20. Part 11: C-N Neighborhood Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1000 remains unchanged.

24.10.1010 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.j remain unchanged.
k. Small and large family daycare homes in residential units.

Section 24.10.1020 remains unchanged.

21.929
20 24.10.1030 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.g remain unchanged.
h. Foster family homes;
Subsections 1.i through 1.v remain unchanged.

Subsections 1.a through 1.g remain unchanged.
h. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; i. Two or more stand-alone multiple-family units subject to the minimum land area (net) per dwelling unit of the R-L District (830);
j. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
k. Off-site public/private parking facilities, five or more spaces (930); l. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
m. Storage and warehouses with permitted retail (330).

24.10.1040 USE DETERMINATION.

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

Section 24.10.1050 remains unchanged.

21.930
21 Section 21. Part 12: C-B Beach Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1100 remains unchanged.

24.10.1110 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.o remain unchanged.
p. Small and large family daycare homes in residential units; Subsections 1.q through 1.t remain unchanged.

Subsection 24.10.1120 remains unchanged.

24.10.1130 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; b. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
c. Group quarters (850);
d. Mixed residential and commercial developments with ten or more multiple dwellings or condominiums, either above the first floor or on the same parcel, subject to the minimum land area (net) per dwelling unit of the R-M District (840); e. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); f. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
g. Off-site public/private parking facilities, five or more spaces (930); h. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

21.931
22 24.10.1140 USE DETERMINATION.

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

Sections 24.10.1150 and 24.10.1160 remain unchanged.

Section 22. Part 13: P-A Professional and Administrative Office District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1200 remains unchanged.

24.10.1210 PRINCIPAL PERMITTED USES.

Subsection 1.a through 1.h remain unchanged.
i. Small and large family daycare homes in residential units Section 24.10.1220 remains unchanged.

24.10.1230 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.g remain unchanged.
h. Foster family homes;
Subsections 1.i through 1.o and 2 remain unchanged.

21.932
23 24.10.1240 USE DETERMINATION.

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

Section 24.10.1250 remains unchanged.

Section 23. Section 24.10.1320 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1320 USE DETERMINATION.

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

Section 24. Part 16: General Industrial District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1500 remains unchanged.

24.10.1505 PRINCIPAL PERMITTED USES.

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

Subsections 1.a through 1.m remain unchanged.
n. Small and large family daycare homes in residential units;

21.933
24 Subsections 1.o through 1.r remain unchanged.

24.10.1510 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a and 1.b remain unchanged.
c. Group quarters (850);
d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
f. Paper and allied products subject to performance standards (125); g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
h. Primary metals and material subject to performance standards (145); i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
j. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;
k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

21.934
25 Sections 24.10.1520 and 24.10.1525 remain unchanged.

24.10.1530 USE DETERMINATION.

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

Section 24.10.1540 remains unchanged.

Section 25. Part 16B: IG/PER-2: General Industrial District/Performance District of Chapter

24.10 – Land Use Districts is hereby added under Part 16B of Chapter 24.10 as follows:

Section 24.10.1600 remains unchanged.

24.10.1605 PRINCIPAL PERMITTED USES.

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

Subsections 1.a through 1.r remain unchanged.
s. Small and large family daycare homes in residential units; Subsections 1.t through 1.y remain unchanged.

24.10.1610 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

21.935
26 Subsections 1.a and 1.b remain unchanged.
c. Food and beverage stores (except liquor and convenience stores) (240); d. Government and public agencies (530);
e. Group quarters (850);
f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
i. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;
j. Transportation facilities (560).

Sections 24.10.1615 and 24.10.1620 remain unchanged.

24.10.1630 USE DETERMINATION.

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

Section 26. Section 24.10.1780 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.936
27 24.10.1780 USE DETERMINATION.

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

Section 27. Part 19: E-A: Exclusive Agriculture of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Sections 24.10.1800 through 24.10.1820 remain unchanged.

24.10.1830 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Daycare (other than family daycare homes) and foster homes for children; b. Eating and drinking establishments;
c. Foster family homes;
d. Guest ranches;
e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures;
g. Veterinary hospitals and clinics;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. Subsection 2 remains unchanged.

24.10.1840 USE DETERMINATION.

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

Section 24.10.1850 remains unchanged.

21.937
28 Section 28. Section 24.10.1920 – Use Permit Requirement of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1920 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Beach, surfing and fishing equipment;
b. Fish market;
c. Identification signs, appurtenant to uses permitted on the premises; d. Navigation aids and devices not involving the erection of a structure; e. Walls or fences, not to exceed three and one-half feet in height. f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

Section 29. Section 24.10.1930 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1930 USE DETERMINATION.

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

Section 30. Section 24.10.2030 – Use Permit Requirement of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2030 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Ranch and farm dwellings incidental to a principal agricultural use. b. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

21.938
29 Subsection 2 remains unchanged.

Section 31. Section 24.10.2040 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2040 USE DETERMINATION.

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

Section 32. Section 24.10.2301 – Uses, Development Standards and Design Guidelines of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2301 USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.

Chapter 4 of the Downtown Plan, as amended, is hereby adopted by reference, and the planning and community development department shall maintain copies of the Downtown Plan in both hard copy and electronic form, for use and examination by the public. The policies and regulations set forth in Chapter 4 of the Downtown Plan shall control all uses in the CBD, Central Business District, and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.

Section 33. Section 24.10.2375 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2375 USE DETERMINATION.

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

21.939
30 Section 34. Section 24.10.2385 – Lower Pacific Avenue Design Guidelines of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2385 LOWER PACIFIC AVENUE DESIGN GUIDELINES.

1. Store Front Treatment. The ground-level treatment of buildings and parking structures within the Lower Pacific Avenue subarea should generally comply with the guidelines for the Pacific Avenue retail subarea listed on pages 41-45 of the Downtown Plan, in terms of:
storefront access, transparency, and variation; and the use of landscaping, awnings, and canopies.

However, it is recognized that the Lower Pacific Avenue subarea has a more informal character than Pacific Avenues, and as such, more variation of ground-level treatment is envisioned and encouraged. The use of porches and terraced gardens as an intermediate space between the ground floor use and the sidewalk is permitted, as long as the finished floor elevation of the ground floor use is nor more than 4 feet above or below the sidewalk level and accessibility requirements are met.

Section 35. Section 24.12.120 – Projections into Required Yard Areas, Setbacks and Easements of Chapter 24.12 – Community Design is hereby amended as follows:

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.

Subsections 1.a and 1.b remain unchanged.
c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into required setbacks without restriction; Subsections 1.d, 1.e, and 2 through 4 remain unchanged.

Section 36. Section 24.12.140 – Accessory Buildings of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.140 ACCESSORY BUILDINGS AND STRUCTURES.

21.940
31 equipment, can be classified as either a building (i.e. enclosed playhouse) or a structure (i.e. swing set). The defining characteristic of these buildings and structures is that they are accessory and subordinate to the primary structure and do not detract from the form and function of the primary structure and are complimentary to its use.

1. Accessory Buildings. Accessory buildings are subject to the regulations and permit requirements of the zoning district in which they are located. Accessory buildings are separate and distinct from accessory dwelling units, which are subject to the regulations in Part 2 of Chapter 24.16.
a. No setback shall be required for an accessory building except as otherwise provided. b. No accessory building shall be located in a front or exterior side yard with the exception of children’s play equipment less than five feet in height and less than thirty square feet in area. The vehicle entry side of a garage or other covered parking may not be located closer than twenty feet from front or exterior side yard lot lines; except that the vehicle entry side of a garage or other covered parking may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation. c. Accessory buildings that are less than one hundred twenty square feet in floor area are not required to conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.
d. Accessory buildings that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. e. Habitable accessory buildings shall not be located within the front yard nor closer than six feet to the nearest point of the principal building; and shall conform to principal building rear and side yard requirements of the district in which they are located. No habitable accessory building shall be used as a separate dwelling unit except accessory dwelling units as described in Part 2 of Chapter 24.16. Guesthouses for nonpaying guests are allowed only if permitted in the zoning district in which they are located. f. Accessory buildings may not cover an area in excess of thirty percent of any required yard setback area for the primary structure. In the coastal zone, standards applicable to accessory dwelling units can be found in Section 24.12.140(10). The footprint of accessory dwelling units shall count toward the maximum allowable lot coverage by other accessory

21.941
32 structures in yard setback areas; however, the maximum allowable lot coverage does not apply to the accessory dwelling unit itself.
g. An accessory building attached to a main building by a breezeway is not part of the main building.
h. An accessory building may have one sink installed in it if a building permit is obtained.

A property with multiple accessory buildings may have a sink in only one accessory building without approval of an administrative use permit. Any additional plumbing fixtures would require an administrative use permit subject to findings listed in subsection (i) and a building permit for the approved improvements.
i. Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit is approved in accordance with district regulations and all of the following findings are made:
i. The structure and use are subordinate to the principal use; and ii. The purpose of the use is incidental to the principal use; and iii. The use is customarily or reasonably appurtenant to the permitted use; and iv. The structure will not be used as a dwelling unit; and v. A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city. j. In the coastal zone, and in addition to meeting all other applicable requirements (e.g., standards specified in Section 24.16.100 et seq.), ADUs shall meet the following additional standards:
i. ADUs are allowed in any zone that allows residential uses on lots of any size, in conjunction with a proposed or existing residential use, provided they are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable LCP policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, and coastal bluffs. ii. Off-street parking shall be required in compliance with Section 24.12.240(1).

2. Accessory Structures. Accessory structures are subject to the regulations and permit requirements of the zoning district in which they are located.
a. Accessory structures above eight feet in height shall not be located in a front or exterior side yard with the exception of entry features as described in Section 24.12.150(a)(3). No accessory structure in the front or exterior side yard may be located within the clear corner triangle as defined in section 24.22.202.
b. Accessory structures located in the rear or interior sideyard that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements

21.942
33 including Title 18 and the California Building Standards Code. This includes fences within the West Cliff Drive Overlay District that conform to Section 24.12.160.

Section 37. Section 24.12.160 – Fencing and Screening of Chapter 24.12 – Community Design is hereby amended as follows:

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 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) Within the exterior side yard setback established by this title, Chapter 18.04, or other ordinances of the city, fences outside of the front yard setback that are set back a minimum of three feet from the exterior side property line shall not exceed a height of six feet from finished grade, except as provided in Chapter 24.08, Part 7. Fences within the exterior side yard setback that are less than three feet from the side property line or within the front setback area shall not exceed a height of three feet, six inches from finished grade. Any yard area between a fence and the sidewalk or property line shall be landscaped and permanently maintained.
(3) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of 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. This maximum fence height does not apply to fences along an alley or the rail trail associated with an Accessory Dwelling Unit, where fences are limited to three feet, six inches along the alley or rail trail unless a conditional fence permit is approved for greater height. (4) 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 gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.

Subsections 1.b through 1.g and section 2 remain unchanged.

21.943
34 Section 38. Section 24.12.192 – Outdoor Extension Areas of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.192 OUTDOOR EXTENSION AREAS.

The purpose of outdoor extension areas is to enhance streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the public street. These uses include outdoor eating areas, retail areas and landscaping. In this section the term “adjacent business” shall apply to the business using the extension area. If the sidewalk width allows it, the adjacent business may be separated from the extension area by the public walkway. This section is applicable citywide, except for areas within the Downtown Plan which are subject to Section 24.10.2340.

Section 39. Section 24.12.430 Protection of Archaeological Resources of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

Subsection 1 remains unchanged.

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.

Subsections 3 through 11 remain unchanged.

Subsection 12 is deleted.

Section 40. Section 24.12.1108 – Modification of Existing Establishments Selling Alcoholic Beverages of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being

21.944
35 acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

Subsection 2 remains unchanged.

21.945
1 ORDINANCE NO. 2022-XX

Section 1. Section 24.06.020 – Initiation of Chapter 24.06 – Zoning Map and Text Amendments is hereby amended as follows:

24.06.020 INITIATION.

Amendments canmay be initiated by the city council, and the planning commission,. or the Planning Director. In the case of the zoning map, amendments may can also be initiated by the owner, or authorized agent of the owner of the property included in said proposed change.

Section 2. Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

Sections 24.08.1310 through 24.08.1345 remain unchanged.

24.08.1350 RELOCATION ASSISTANCE.

All low- or moderate-income households displaced by demolition or conversion of use shall receive relocation assistance as described by State law. Developers or property owners with lower income tenants must present a Relocation Plan to the City in the form required by State law and are advised retain a qualified relocation consultant to assist in drafting the Relocation Plan. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income if a low- or moderate-income household currently occupies or had occupied the dwelling unit within onefive years prior to the date of submission of the application for the demolition/conversion permit, or if substantial evidence exists that a low- or moderate-income household had occupied the unit within two five years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.

Relocation assistance shall be defined as two months’ rent or the difference between the tenants’ rent prior to relocation and the rent paid upon relocation as required by State law, whichever is greater. oOther arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be

21.946
2 provided nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal issuance of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of one three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of units with at least the same total number of bedrooms contained within all lowor moderate-income units to be demolished or converted. a. The basic requirement is that fiftyone hundred percent of all low- or moderate-income units and bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site may also are allowed to be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units mayshall not be used to fulfill replacement unit requirements.
c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.

Section 24.08.1362 remains unchanged.

21.947
3 24.08.1370 IN-LIEU FEES.

1. As an alternative to fulfilling the replacement housing requirements of Sections 24.08.1330 or 24.08.1360, in-lieu fees can be paid for up to twenty-five percent in the R-T Districts and up to fifty percent in other districts of the total number of low- or moderateincome bedrooms to be provided to meet the replacement housing requirement. The remaining seventy-five percent or fifty percent bedroom replacement requirement shall be actually constructed or caused to be constructed by the applicant. However, where replacement housing is being required due to the provisions of Section 24.08.1330(5), pertaining to demolition or conversion of single-family and duplex units, in-lieu fees may be paid to meet one hundred percent of the replacement housing requirement.

2. The in-lieu fees shall be applied to programs that would add to the affordable housing stock through the construction of new housing units or the rehabilitation of existing housing units that were previously substandard and uninhabited or occupied by above-moderate income households. In-lieu fees shall not be used for administration of such programs.

3. Replacement housing in-lieu fees shall be determined in the same manner as inclusionary housing in-lieu fees. For purposes of determining unit sizes, the average number of bedrooms per unit shall be used. For purposes of determining the average number of square feet in a unit, the average square footage for those units shall be used up to a maximum square footage as follows:
six hundred fifty square feet for a single room occupancy unit, studio, or one-bedroom unit; nine hundred square feet for a two-bedroom unit; one thousand four hundred square feet for a threeto eight-bedroom unit.

4. Replacement housing built with in-lieu fees shall, in aggregate, provide the same level of housing as would otherwise have been required, and shall be provided and available for use within three years from the date upon which work commenced on the conversion or demolition, or if no new or rehabilitated units are available within three years, units shall be provided in the first available affordable housing project that is constructed in the city.

Section 24.08.1380 remains unchanged.

Section 3. Part 23: Conditional Driveway Permit of Chapter 24.08 – Land Use Permits and Findings is hereby deleted:

Part 23: CONDITIONAL DRIVEWAY PERMIT

24.08.2310 GENERAL PROVISIONS.

A conditional driveway permit may be granted by the zoning administrator at a public hearing, subject to conditions, including but not limited to the provisions contained in this section. The driveway shall be:

1. At least twenty feet in depth, the measurement being made at the back of the sidewalk located behind the driveway approach;

21.948
4 2. Sized to provide not more than one parking space for lots less than fifty feet in width or two parking spaces for lots fifty feet or greater;

3. At least four feet or the minimum side yard width required for the zoning district, whichever is greater, from any adjacent side or rear property line of an abutting lot and offset from the center of the lot’s street frontage along which it is located;

4. Designed to blend in with existing landscaping and minimize impervious surfaces when located within the required front or exterior side yard setback; and

5. Designed to incorporate landscape screening where feasible and appropriate without creating a safety hazard.

24.08.2320 FINDINGS REQUIRED.

A conditional driveway permit shall be granted when the following findings can be made:

1. The issuance of such a permit is reasonably necessary for the preservation of valuable property rights or full use and enjoyment of the property;

2. The driveway will not create a safety hazard for pedestrians or vehicular traffic;

3. The appearance of the driveway is compatible with the design and appearance of the existing residence and site plan, including existing landscaping, trees, natural land forms, and other features of the site;

4. The driveway is a planned site feature which avoids dominating the site or overwhelming adjacent properties and structures; and

5. The driveway will be constructed using four inches of concrete or other material approved by the zoning administrator or planning commission.

Section 4. Section 24.10.160 – Home Occupation Regulations of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.160 HOME OCCUPATION REGULATIONS.

Subsections 1 through 3 remain unchanged.

4. Permits Required. A zoning clearance and business license shall be required, except for small and large family daycare homes within residential units, which is are exempt from local regulations.

Section 5. Section 24.14.030 – Slope Regulations (outside the Coastal Zone) of Chapter 24.14 – Environmental Resource Management is hereby amended as follows:

24.14.030 SLOPE REGULATIONS (outside the Coastal Zone).

Subsection 1, no change.

Subsections 2(a) through (c), no change.

21.949
5 d. Driveways within slopes that are thirty percent or greater shall require a slope development permit per Part 9 of Chapter 24.08 an exception listed in Section 24.14.040.

Section 6. Section 24.16.015 – Definitions of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.015 DEFINITIONS.

Subsections 1 through 18 remain unchanged.

19. “Inclusionary unit” is an ownership or rental dwelling unit, including Flexible Density Units (FDU) and single room occupancy or SOU or (SRO) units, within a residential development which is required under this part to be rented at an affordable rent or sold at an affordable ownership cost to specified households.

Subsections 10 through 27 remain unchanged.

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

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

Subsections 30 through 32 remain unchanged.

Section 7. Section 24.16.020 – Basic On-Site Inclusionary Housing Requirements of Chapter

24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

1. Applicability.
a. The inclusionary housing requirements defined in this chapter are applicable to all residential developments that create two or more new and/or additional dwelling units or SOU FDU or SRO units at one location by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map, except for exempt residential developments under subsection (2).

Subsection 1.b through 8 remain unchanged.

21.950
6 Section 8. Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.100 PURPOSE.

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

24.16.120 LOCATIONS PERMITTED.

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

24.16.125 DEFINITIONS.

21.951
7 Section 24.16.1130 remains unchanged.

24.16.140 DEVELOPMENT STANDARDS.

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

24.12.240(1)(w).

Subsections 3 through 6 remain unchanged.

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

21.952
8 b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing for such a request shall be in an amount established by resolution by the city council. c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.) Subsections 7.e through 11 remain unchanged.

Sections 24.16.141 through 24.16.170 remain unchanged.

Section 9. Section 24.16.205 - Definitions of Chapter 24.16 – Affordable Housing Provisions is hereby amended as follows:

24.16.205 DEFINITIONS.

Subsections 1 through 12 remain unchanged.

21.953
9 1413. “Household income” is the combined adjusted net household income for all adult persons living in a living unit as calculated pursuant to California Code of Regulations, Title 25, Section 6916, or successor provision.
1514. “Household, low or lower income” is a household whose income does not exceed the lower-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1615. “Household, moderate income” is a household whose income does not exceed the moderate-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1716. “Household, very low income” is a household whose income does not exceed the verylow-income limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105.
1817. “Housing development” is a development project on contiguous lots that are the subject of one development application, consisting of five or more residential units (not including any density bonus units), including single-family and multifamily and single-room occupancy units, for sale or for rent. For the purposes of this Part 3, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. In all cases density bonus units are not included for the purpose of determining whether the development consists of five or more units or lots. 1918. “Incentives and concessions” are regulatory concessions as listed in Section 24.16.255. 2019. “Inclusionary unit” is an ownership or rental dwelling unit or single-room occupancy unit within a housing development which is required under Part 1 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households. 2120. “Major transit stop” is an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than twenty-five percent of their area farther than onehalf mile from the stop and if not more than ten percent of the units or one hundred units, whichever is less, in the housing development are farther than one-half mile from the stop.

21.954
10 2221. “Market rate unit” is a dwelling unit which is not an affordable unit as defined in this Part 3.
2322. “Maximum residential density” is the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the General Plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the land use element density shall prevail. This definition is used to calculate a density bonus pursuant to this Part 3 of this chapter. 2423. “Partnered housing agreement” is an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

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

Subsections 25 and 26 remain unchanged.

Section 10. Section 24.22.160 – Building, Height of in Chapter 24.22 – Definitions is hereby amended as follows:

24.22.162 BUILDING, HEIGHT OF.

21.955
11 terraced building is the height of the tallest segment of the building. Height limitations shall not apply to uses listed in Section 24.12.150, Height limit modifications, of this title.

Section 11. Section 24.22.355 – Family Daycare Home of Chapter 24.22 – Definitions is hereby amended as follows:

24.22.355 FAMILY DAYCARE HOME.

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

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

21.956
12 (ii) No more than two infants are cared for during any time when more than six children are cared for.
(iii) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.
(iv) The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented.

21.957
1 ORDINANCE NO. 2022-XX

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

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

CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter

24.04 - Administration is hereby amended as follows:

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

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

1. Appeals;

2. Coastal permit;

3. Conditional driveway permit;

34. Conditional fence permit;

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

56. Design permit;

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

78. Extension of permits;

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

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

15. Relocation permit;

16. Revocation of permits;

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

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; plus the following:

21.958
2 (1) Any earth-disturbing activity on known archaeological sites, b. Special use permit, for uses requiring a special use permit;

20. Variance;

21. Watercourse development permit;

22. Watercourse variance;

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

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

Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration is hereby amended as follows:

24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.

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

Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 – Administration of the Santa Cruz Municipal Code is hereby amended as follows:

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

Subsections 1 through 12 remain unchanged.

13. Relocation of structures;
1314. Revocation of permits;
1415. Use permits:
a. Administrative use permits, except:
i. when the proposed use is temporary, as defined in this title; ii. for variations to parking design requirements and number of spaces; and iii. for half baths in accessory structures; and
iv. for low risk alcohol outlets;
b. Special use permits (including historic district/historic landmark use permits); 1516. Variance;
1617. Watercourse variance;
1718. Project modifications, pursuant to Section 24.04.160(4)(c); 1819. Zoning Ordinance and General Plan text and map amendments.

21.959
3 Section 4. Section 24.04.130 – Decision-Making Body with Final Approval Authority on Application Approval of Chapter 24.04 - Administration is hereby amended as follows:

Subsections 1 and 2 remain unchanged.

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

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

ZA CPC/CC
Conditional Driveway Permit ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
The remainder of this table remains unchanged.

Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration is hereby amended as follows:

24.04.160 LIFE OF PERMIT.

Subsections 1 through 3, no change.

4. Modifications.

Subsection a remains unchanged.

21.960
4 b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the project without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. Additional Minor modifications not related to such increases in floor area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.

Subsection 4.c remains unchanged.

Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

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

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

Section 7. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.200 remains unchanged.

24.10.210 PRINCIPAL PERMITTED USES.

Subsections 1 through 3 remain unchanged.

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

21.961
5 Subsections 5 through 8 remain unchanged.

24.10.230 USE PERMIT REQUIREMENT.

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

24.10.240 USE DETERMINATIONS.

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

Section 24.10.250 remains unchanged.

Section 8. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.300 remains unchanged.

24.10.310 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

Subsections 4 through 7 remain unchanged.

24.10.330 USE PERMIT REQUIREMENT.

21.962
6 1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

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

Subsections 2.a through 2.i remain unchanged.

24.10.340 USE DETERMINATION.

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

Sections 24.10.350 and 24.10.351 remain unchanged.

Section 9. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.400 remains unchanged.

24.10.410 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

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

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

56. Community garden.

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

21.963
7 78. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.430 USE PERMIT REQUIREMENT.

Subsections 2.c through 2.h remain unchanged.

24.10.440 USE DETERMINATION.

Section 24.10.450 remains unchanged.

Section 10. Part 6: R-M Multiple Residence – Medium Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.964
8 Section 24.10.500 remains unchanged.

24.10.510 PRINCIPAL PERMITTED USES.

Subsections 1 through 3 remain unchanged.

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

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

67. Supportive and transitional housing.

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

24.10.530 USE PERMIT REQUIREMENT.

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

21.965
9 a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home.

Subsections 2.c through 2.h remain unchanged.

24.10.540 USE DETERMINATION.

Section 24.10.550 remains unchanged.

Section 11. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.560 remains unchanged.

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

Subsections 1 and 2 remain unchanged.

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

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

45. Supportive and transitional housing;

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

21.966
10 Section 24.10.570 remains unchanged.

24.10.575 USE PERMIT REQUIREMENT.

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

Subsection 2 remains unchanged.

24.10.580 USE DETERMINATION.

Section 24.10.585 and 24.10.590 remain unchanged.

Section 12. Part 7A: Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.602 remains unchanged.

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are may be subject to approval of a design permit per section 24.08.410 as well as and other requirements of the Municipal Code (numerical references at the end of

21.967
11 these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small and large family daycare homes in residential unitsfacility in single-family home or duplex (510a);
Subsections 1.c, 1.d, and 2 remain unchanged.

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, and a may also require a design permit per section 24.10.410, and are subject to all other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a through 1.d remain unchanged.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence);
ef. Supportive and transitional housing in multifamily dwellings (three to nine units). f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.606 USE DETERMINATION.

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

Section 24.10.608 remains unchanged.

Section 13. Part 7B: Subdistrict B – Motel Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.968
12 Subsection 24.10.610 remains unchanged.

24.10.611 PRINCIPAL PERMITTED USES.

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

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

24.10.612 USE PERMIT REQUIREMENTS.

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

Subsections 1.a through 1.g remain unchanged.
h. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
hi. Supportive and transitional housing, nine or fewer units.

Subsection 2 remains unchanged.

24.10.614 USE DETERMINATION.

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

Section 24.10.616 remains unchanged.

Section 14. Part 7C: R-T (C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.618 remains unchanged.

24.10.619 PRINCIPAL PERMITTED USES.

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

24.08.410 and other requirements of the Municipal Code (numerical references at the end of

21.969
13 these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a through 1.d remain unchanged.
e. Small and large family daycare homes in residential unitsfacility in single-family home or duplex;
Subsections 1.f, 1.g, and 2 remain unchanged.

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

Subsections 1.a through 1.m remain unchanged.
(n) Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence); (no) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (op) Mixed residential, and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830);
(pq) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830); (qr) Museum and art galleries (600);
(rs) Professional offices associated with a visitor-serving use (400); (st) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(tu) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (uv) Specialty retail supply stores (290);
(vw) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
(wx) Temporary structures and uses;
(xy) Video rental (360B);
(yz) Sports and recreation facilities, without alcohol sales (720); (zaa) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.622 USE DETERMINATION.

21.970
14 Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then aA use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 24.10.624 and 24.10.624.1remain unchanged.

Section 15. Section 24.10.625.4 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.625.4 USE DETERMINATION.

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

Section 16. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.626 remains unchanged.

24.10.627 PRINCIPAL PERMITTED USES.

Subsections 1.a and 1.b remain unchanged.
c. Small and large family daycare homes in residential unitssingle-family homes or duplexes (510a);

21.971
15 Subsections 1.d through 1.f remain unchanged.

24.10.628 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.c remain unchanged.
d. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

24.10.630 USE DETERMINATION.

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

Sections 24.10.632 and 24.10.633remain unchanged.

Section 17. Part 7E: R-T(E) Subdistrict E – Beach Medium/High Density Residential of Chapter

24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.635 remains unchanged.

24.10.636 PRINCIPAL PERMITTED USES.

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

24.08.410 as well as and other requirements of the Municipal Code:

Subsection 1.a remains unchanged.

21.972
16 b. Small and large family daycare homes in residential units.

Subsection 1.c remains unchanged.

24.10.637 USE PERMIT REQUIREMENT.

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

2. The following uses are subject to approval of a special use permit, and may also require a design permit as well as and other requirements of the Municipal Code. a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board. b. Large family daycare facilities.
bc. Recreational buildings and community centers.
cd. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
de. Public and private commercial parking, subject to landscaping and design standards.

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

24.10.638 USE DETERMINATION.

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

Sections 24.10.640 and 24.10.641 remain unchanged.

Section 18. Part 8: C-C Community Commercial District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.700 remains unchanged.

21.973
17 24.10.710 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.r remain unchanged.
s. Small and large family daycare homes in residential unitsfacility in single-family home or duplex;
Subsections 1.t through 1.v remain unchanged.

Section 24.10.720 remains unchanged.

24.10.730 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

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

Subsections 1.a through 1.c remain unchanged.
d. Large family daycare;
de. Contractor/building (310E);
ef. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); fg. Fabricated metal products (manufacturing) (150);
gh. Fabricated wire products (manufacturing) (155A);
hi. Food and beverage preparation (manufacturing) (100); ij. Furniture and fixtures (manufacturing) (120);
jk. Hospitals (520);
kl. Laboratory research experimentation, testing, software development; lm. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; mn. Local/interurban passenger transit (bus, cab) (560B); no. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
op. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840);

21.974
18 pq. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); qr. Mortuaries (310I);
rs. Motion picture production (manufacturing) (155E);
st. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
tu. Rental services (360);
uv. Single-room occupancy (SRO) housing sixteen units or more (860); vw. Solar equipment (manufacturing) (155C);
wx. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
xy. Stone, clay, glass products (manufacturing) (140);
yz. Storage and warehouse when connected with permitted use (330); zaa. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
aabb. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
bbcc. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Sections 24.10.720 and 24.10.730 remain unchanged.

24.10.740 USE DETERMINATION.

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

Section 19. Part 10: C-T Thoroughfare Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.900 remains unchanged.

24.10.910 PRINCIPAL PERMITTED USES.

Subsections 1 through 15 remain unchanged.

21.975
19 16. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex.

Subsections 17 and 18 remain unchanged.

Section 24.10.920 remains unchanged.

24.10.930 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.e remain unchanged.
f. Large family daycare homes.
fg. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
gh. Multiple dwellings and condominiums, nine units or fewer, subject to the minimum land area (net) per dwelling unit of the R-M District (830). hi. Recycling collection facilities.
ij. Souvenir and gift shops.
jk. Single-family dwellings.
kl. Small community care residential facilities.
lm. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter

24.12. mn. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12. no. Temporary structures and uses.
op. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
pq. Two-family dwellings.
qr. Veterinary hospitals and clinics.
rs. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12. st. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

24.10.940 USE DETERMINATION.

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

21.976
20 shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 24.10.950 remains unchanged.

Section 20. Part 11: C-N Neighborhood Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1000 remains unchanged.

24.10.1010 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.j remain unchanged.
k. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex.

Section 24.10.1020 remains unchanged.

24.10.1030 USE PERMIT REQUIREMENT.

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

Subsections 1.a through 1.g remain unchanged.
h. Family daycare homes and fosterFoster family homes;
Subsections 1.i through 1.v remain unchanged.

21.977
21 Subsections 1.a through 1.g remain unchanged.
h. Large family daycare facilities;
hi. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; ij. Two or more stand-alone multiple-family units subject to the minimum land area (net) per dwelling unit of the R-L District (830);
jk. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
kl. Off-site public/private parking facilities, five or more spaces (930); lm. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
mn. Storage and warehouses with permitted retail (330).

24.10.1040 USE DETERMINATION.

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

Section 24.10.1050 remains unchanged.

Section 21. Part 12: C-B Beach Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1100 remains unchanged.

24.10.1110 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.o remain unchanged.
p. Small and large family daycare homes in residential unitsfacilities, in single-family home or duplex;
Subsections 1.q through 1.t remain unchanged.

21.978
22 Subsection 24.10.1120 remains unchanged.

24.10.1130 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; b. Large family daycare facilities;
bc. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
cd. Group quarters (850);
de. Mixed residential and commercial developments with ten or more multiple dwellings or condominiums, either above the first floor or on the same parcel, subject to the minimum land area (net) per dwelling unit of the R-M District (840); ef. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); fg. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
gh. Off-site public/private parking facilities, five or more spaces (930); hi. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

24.10.1140 USE DETERMINATION.

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

Sections 24.10.1150 and 24.10.1160 remain unchanged.

Section 22. Part 13: P-A Professional and Administrative Office District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.979
23 Section 24.10.1200 remains unchanged.

24.10.1210 PRINCIPAL PERMITTED USES.

Subsection 1.a through 1.h remain unchanged.
i. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex.

Section 24.10.1220 remains unchanged.

24.10.1230 USE PERMIT REQUIREMENT.

Subsections 1.a through 1.g remain unchanged.
h. Large family daycare homes and foster Foster family homes; Subsections 1.i through 1.o and 2 remain unchanged.

24.10.1240 USE DETERMINATION.

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

Section 24.10.1250 remains unchanged.

Section 23. Section 24.10.1320 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.980
24 24.10.1320 USE DETERMINATION.

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

Section 24. Part 16: General Industrial District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.1500 remains unchanged.

24.10.1505 PRINCIPAL PERMITTED USES.

Subsections 1.a through 1.m remain unchanged.
n. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex;
Subsections 1.o through 1.r remain unchanged.

24.10.1510 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

Subsections 1.a and 1.b remain unchanged.

21.981
25 c. Large family daycare;
cd. Group quarters (850);
de. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); ef. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
fg. Paper and allied products subject to performance standards (125); gh. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
hi. Primary metals and material subject to performance standards (145); ij. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
jk. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;
kl. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
lm. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

Sections 24.10.1520 and 24.10.1525 remain unchanged.

24.10.1530 USE DETERMINATION.

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

21.982
26 Section 24.10.1540 remains unchanged.

Section 25. Part 16B: IG/PER-2: General Industrial District/Performance District of Chapter

24.10 – Land Use Districts is hereby added under Part 16B of Chapter 24.10 as follows:

Section 24.10.1600 remains unchanged.

24.10.1605 PRINCIPAL PERMITTED USES.

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

Subsections 1.a through 1.r remain unchanged.
s. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex;
Subsections 1.t through 1.y remain unchanged.

24.10.1610 USE PERMIT REQUIREMENT.

Subsection 1 remains unchanged.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a and 1.b remain unchanged.
c. Large family daycare homes;
cd. Food and beverage stores (except liquor and convenience stores) (240); de. Government and public agencies (530);
ef. Group quarters (850);
fg. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); gh. Paper and allied products subject to performance standards (125); hi. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
ij. Single-room occupancy (SRO) housing (860) under the following conditions:

21.983
27 (1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;
jk. Transportation facilities (560).

Sections 24.10.1615 and 24.10.1620 remain unchanged.

24.10.1630 USE DETERMINATION.

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

Section 26. Section 24.10.1780 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1780 USE DETERMINATION.

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

21.984
28 Section 27. Part 19: E-A: Exclusive Agriculture of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Sections 24.10.1800 through 24.10.1820 remain unchanged.

24.10.1830 USE PERMIT REQUIREMENT.

15. Subsection 2 remains unchanged.

24.10.1840 USE DETERMINATION.

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

Section 24.10.1850 remains unchanged.

Section 28. Section 24.10.1920 – Use Permit Requirement of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1920 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Beach, surfing and fishing equipment;
b. Fish market;

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29 c. Identification signs, appurtenant to uses permitted on the premises; d. Navigation aids and devices not involving the erection of a structure; e. Walls or fences, not to exceed three and one-half feet in height. f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

Subsection 2 remains unchanged.

Section 29. Section 24.10.1930 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.1930 USE DETERMINATION.

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

Section 30. Section 24.10.2030 – Use Permit Requirement of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2030 USE PERMIT REQUIREMENT.

Subsection 2 remains unchanged.

Section 31. Section 24.10.2040 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2040 USE DETERMINATION.

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

Section 32. Section 24.10.2301 – Uses, Development Standards and Design Guidelines of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2301 USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.

Chapter 4 of the Downtown Plan, as amended, is hereby adopted by reference, and the planning and community development department shall maintain copies of the Downtown Plan in both hard copy and electronic form, for use and examination by the public. The policies and regulations set forth in Chapter 4 of the Downtown Recovery Plan shall control all uses in the CBD, Central Business District, and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.

Section 33. Section 24.10.2375 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2375 USE DETERMINATION.

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

Section 34. Section 24.10.2385 – Lower Pacific Avenue Design Guidelines of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.2385 LOWER PACIFIC AVENUE DESIGN GUIDELINES.

1. Store Front Treatment. The ground-level treatment of buildings and parking structures within the Lower Pacific Avenue subarea should generally comply with the guidelines for the Pacific Avenue retail subarea listed on pages 41-45 of the Downtown Recovery Plan, in terms of:
storefront access, transparency, and variation; and the use of landscaping, awnings, and canopies.

However, it is recognized that the Lower Pacific Avenue subarea has a more informal character than Pacific Avenues, and as such, more variation of ground-level treatment is envisioned and

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31 encouraged. The use of porches and terraced gardens as an intermediate space between the ground floor use and the sidewalk is permitted, as long as the finished floor elevation of the ground floor use is nor more than 4 feet above or below the sidewalk level and accessibility requirements are met.

Section 35. Section 24.12.120 – Projections into Required Yard Areas, Setbacks and Easements of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS, SETBACKS AND EASEMENTS.

Subsections 1.a and 1.b remain unchanged.
c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior side yards required setbacks without restriction;
Subsections 1.d, 1.e, and 2 through 4 remain unchanged.

Section 36. Section 24.12.140 – Accessory Buildings of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.140 ACCESSORY BUILDINGS AND STRUCTURES.

In addition to primary structures, it is often useful and convenient to have accessory buildings and structures to provide storage, allow additional usable indoor or sheltered space, or to perform some other function beyond what is included in the primary structure. These spaces can be provided in a building, defined for the purposes of this section as having a roof and walls, or by another accessory structure such as a pergola or a gazebo. Some spaces, such as children’s play equipment, can be classified as either a building (i.e. enclosed playhouse) or a structure (i.e. swing set). The defining characteristic of these buildings and structures is that they are accessory and subordinate to the primary structure and do not detract from the form and function of the primary structure and are complimentary to its use.

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32 1a. No setback shall be required for an accessory building except as otherwise provided. 2b. No accessory building shall be located in a front or exterior side yard with the exception of children’s play equipment less than five feet in height and less than thirty square feet in area. The vehicle entry side of a garage or other covered parking may not be located closer than twenty feet from front or exterior side yard lot lines; except that the vehicle entry side of a garage or other covered parking may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation.
3c. Accessory buildings that are less than one hundred twenty square feet in floor area are not required to conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.
4d. Accessory buildings that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. 5e. Habitable accessory buildings shall not be located within the front yard nor closer than six feet to the nearest point of the principal building; and shall conform to principal building rear and side yard requirements of the district in which they are located. No habitable accessory building shall be used as a separate dwelling unit except accessory dwelling units as described in Part 2 of Chapter 24.16. Guesthouses for nonpaying guests are allowed only if permitted in the zoning district in which they are located. 6f. Accessory buildings may not cover an area in excess of thirty percent of any required yard setback area for the primary structure. In the coastal zone, standards applicable to accessory dwelling units can be found in Section 24.12.140(10). The footprint of accessory dwelling units shall count toward the maximum allowable lot coverage by other accessory structures in yard setback areas; however, the maximum allowable lot coverage does not apply to the accessory dwelling unit itself.
7g. An accessory building attached to a main building by a breezeway is not part of the main building.
8h. An accessory building may have one sink installed in it if a building permit is obtained.

A property with multiple accessory buildings may have a sink in only one accessory building without approval of an administrative use permit. Any additional plumbing fixtures would

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33 require an administrative use permit subject to following findings listed in subsection (9i) and a building permit for the approved improvements.
9i. Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit is approved in accordance with district regulations and all of the following findings are made:
ai. The structure and use are subordinate to the principal use; and bii. The purpose of the use is incidental to the principal use; and ciii. The use is customarily or reasonably appurtenant to the permitted use; and div. The structure will not be used as a dwelling unit except as set forth in Chapter 24.16, Part 2, Accessory Dwelling Units; and
ev. A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city. j10. In the coastal zone, and in addition to meeting all other applicable requirements (e.g., standards specified in Section 24.16.100 et seq.), ADUs shall meet the following additional standards:
ia. ADUs are allowed in any zone that allows residential uses on lots of any size, in conjunction with a proposed or existing residential use, provided they are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable LCP policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, and coastal bluffs. iib. Off-street parking shall be required in compliance with Section 24.12.240(1).

Section 37. Section 24.12.160 – Fencing and Screening of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.160 FENCING AND SCREENING.

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34 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) Within the exterior side yard setback established by this title, Chapter 18.04, or other ordinances of the city, fences outside of the front yard setback or in line with the main building frontage, whichever distance is greater, that are set back a minimum of three feet from the exterior side property line shall not exceed a height of six feet from finished grade, except as provided in Chapter 24.08, Part 7. Fences within the exterior side yard setback that are less than three feet from the side property line or within the front setback area shall not exceed a height of three feet, six inches from finished grade. Any yard area between a fence and the sidewalk or property line shall be landscaped and permanently maintained.
(32) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of 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. This maximum fence height does not apply to fences along an alley or the rail trail associated with an Accessory Dwelling Unit, where fences are limited to three feet, six inches along the alley or rail trail unless a conditional fence permit is approved for greater height. (43) 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 gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.

Subsections 1.b through 1.g and section 2 remain unchanged.

Section 38. Section 24.12.192 – Outdoor Extension Areas of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.192 OUTDOOR EXTENSION AREAS.

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35 areas, retail areas and landscaping. In this section the term “adjacent business” shall apply to the business using the extension area. If the sidewalk width allows it, the adjacent business may be separated from the extension area by the public walkway. This section is applicable citywide, except for areas within the Downtown Recovery Plan which are subject to Section 24.10.2340.

Section 39. Section 24.12.430 Protection of Archaeological Resources of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

Subsection 1 remains unchanged.

Subsections 3 through 11 remain unchanged.

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.

Section 40. Section 24.12.1108 – Modification of Existing Establishments Selling Alcoholic Beverages of Chapter 24.12 – Community Design is hereby amended as follows:

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

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36 construction activities undertaken by the city or redevelopment agency, a period of closure for at least two years or six months after the city’s or redevelopment agency’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

Subsection 2 remains unchanged.

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*Project # A22-0002 includes those amendments that are not also implementing regulations to the Local Coastal Program. Project A22-0003 includes amendments that also amend the Local Coastal Program.
2022 Ordinance Update Summary Table
Project
No*
Section Numbers Section Title Description of Change
A22-0003
LCP

24.04.030 Types of Permits Update list of permit types to remove conditional driveway permit and grading for known archaeological sites, add project modifications
A22-0003
LCP

24.04.050, 24.12.1108 Permit Application, Submittal and Processing; Modifications of Existing
Establishments Selling Alcoholic
Beverages
Remove “Redevelopment Agency”
A22-0003
LCP

24.04.090 Public Hearing Requirement Add “low risk alcohol outlets” to list of items that don’t require a public hearing
A22-0003
LCP

24.04.130 Decision-Making Body with Final
Authority
Add “variations to parking design requirements and number of spaces” and “low risk alcohol outlets” to AUPs that don’t require a public hearing and remove large family daycare homes; remove conditional driveway permit
A22-0003
LCP

24.04.160(4)(b) Life of Permit Clarify that minor modifications that don’t increase floor area or intensity of use not subject to once-in-5-years restriction A22-0002 24.06.020 Initiation Include Planning Director as allowed to initiate zoning map and text amendments
A22-0003
LCP

24.08.030 Procedure-Administrative Use
Permits
Remove large family daycare homes from and add low risk alcohol to no public hearing list
A22-0002 Part 14 of 24.08 Residential Demolition/Conversion Authorization Permits
Update Relocation Assistance and Replacement Housing
requirements, remove In Lieu Fees section to bring into compliance with State law
A22-0002 Part 23 of 24.08 Conditional Driveway Permit Delete remainder of section inadvertently retained in prior ordinance deletion
A22-0002 24.10.160 Home Occupation Regulations Add large family daycare homes as exempt from permits per State law
A22-0003
LCP

24.10.330 Use Permit Requirement Correction #2 to say “special” rather than “administrative” use permit
A22-0003
LCP

24.10.210, .230; .310, .330; .410, .430;
.510, .530; .565, .575; .603, .604; .611,
.612; .619, .620; .627, .628; .636, .637;
.710, .730; .910, .930; .1010, .1030;
.1110, .1130; .1210, .1230; .1505,
.1510; .1605, .1610, .1830
Principally permitted uses, Use
Permit required (all zoning districts
that allow residential uses)
Add large family daycare homes as a principally permitted use, remove large family daycare homes from uses that require a use permit per State law; add “may also require” and “per section

24.08.410” to design permit requirement to clarify when design permit is required

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Project
No*
Section Numbers Section Title Description of Change
A22-0003 24.10.240, .340, .440, .540, .580, .606,
.614, .622, .625.4, .630, .638, .740, .940,
.1040, .1140, .1240, .1320, .1530,
.1630, .1780, .1840, .1930, .2040, .2375
Use Determination (all zoning
districts)
Standardize use determination language in all zoning districts, add to IG/PER-2, with zoning administrator determining similar use
A22-0003 24.10.2301, 24.10.2385, 24.12.192 CBD Uses, Lower Pacific Design Guidelines, Outdoor Extension Areas
Remove “Recovery” from Downtown Recovery Plan
A22-0003 24.12.120 Projections into required yard areas Change “conforming interior side yards” to “required setbacks” to allow uncovered decks, porches, patios etc. under 20” in all yards
A22-0003 24.12.140 Accessory Buildings Add structures back into ordinance, separate into 2 sections (building, structures), allow children’s play equipment in front yard w/ height limit of 5 feet and 30 sq. ft. area for buildings and 8 feet for structures (all); exempt conforming fences from design permits in West Cliff Dr. overlay district
A22-0003 24.12.160 Fencing and Screening Allow up to 6’ for exterior side yard fences with a minimum 3’ setback from property line set back from the front property line by the district front setback or the front of the building, whichever is greater; add 3’6” height limit for fences facing alleys or rail trail with ADU adjacent for consistency w/ADU ordinance
A22-0003 24.12.430 Protection of Archeological
Resources
Remove “known archeological sites” per state requirement A22-0002 24.14.030 Slope Regulations Clean up reference to prior code section, refer to Slope Development Permit section.

A22-0002 24.16.015, 24.16.020, 24.16.205 Definitions, Basic on-site inclusionary housing requirements, Affordable
Housing Provisions Definitions
Replace SOU (Small Ownership Units) with FDUs (flexible density units); add definition of FDU
A22-0002 Part 7 of 24.16 Accessory Dwelling Units Clean up minor errors; clarify that an entitled project is considered “existing” for the purposes of ADU development; update parking requirements, fence height for consistency A22-0002 24.22.162 Definitions – Building, Height of Add that midpoint of roof is determined using the intersection of the roof and exterior side wall and doesn’t include eaves.

A22-0002 24.22.355 Family Daycare Homes Revise definition to remove licensing details, limit to # of children and residence of provider

21.995
1 Viviane Nguyen
From: A Webb <[email protected]>
Sent: Tuesday, July 19, 2022 4:54 PM
To: City Plan; Bonnie Bush
Subject: 7/21.22 - Agenda Zoning Ordinance Updates A22-0002 and A22-0003 Dear Planning Commissioners,
The Zoning Ordinance Update Summary Table states:
"24.06.020 Initiation: Include Planning Director as allowed to initiate zoning map and text amendments"
I had asked during the public zoom meeting: under what scenarios would the Planning Director initiate such changes, and the answer was: none.

Yet, it is still in this Table. So, the question remains - can anyone answer this? Please ADD these two topics into these Zoning and Objective Ordinance Amendments as explained below:

1. Problem: Light Pollution and Glare
There is a glaring omission in permit standards with regard to Building and/or Parking Lot lighting CHANGES, whether on private or public property, when near a residential use. Where I live, we are presently struggling with two hotel/motel parking lots that replaced their fully hooded, incandescent type warm yellow lighting that, when originally installed, complied with City standards to contain lighting onto the lot where needed without glare intrusion into neighboring uses.

In this case, no permit was sought, and I assume not required, to subsequently replace lightheads. Unfortunately, the replacement lightheads are extremely bright white blue‐ spectrum LED lighting (brighter than City street lights), none of the 12 lightheads were shielded. This created an instant huge impact with bright glare trespass and intrusion into many neighboring homes ‐ especially bedroom windows.

The lack of any City approval process on such long‐term changes has caused a tremendous burden on neighbors to get the property owner to reduce glare intrusions into homes, causing a bright "spot light" effect into windows and yards.

This in turn is causing disruption to lifestyles, sleep and wellbeing, and forcing financial burden onto those impacted to block these new harsh impacts they are suddenly being subjected to. This is hardly equitable, especially for our largely low income community.

Lack of willingness of property owners to understand such impacts, and work cooperatively to reduce them and install proper shielding on ALL offending lightheads, then forces neighbors to seek City assistance via a complaint process. This could be completely avoided with a proper system in place for COMMUNICATING and requiring compliance with stated City strategies to reduce such major lighting impacts, including when making future lighting changes or upgrades.

City Code Compliance seems to need clearer guidelines on what Light Pollution, and Light Glare/Trespass is, to make it a simpler process, without the burden of neighbors having to pursue this channel or further legal battles over impacts that could easily be avoided in the first place ‐ especially when such standards are originally required. When such long‐term changes are made, a permit should be required to insure all standards continue to be complied with.

Solution to Light Pollution and Glare:

Please add a section that requires a property owner, when upgrading or improving existing building and/or parking lot lighting, or adding to building and/or parking lot lighting, to obtain a

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2 simple permit that emphasizes compliance with the City's Green Building standards as follows:

Green Building standards, Non‐Residential, including Improvements:
https://www.cityofsantacruz.com/home/showpublisheddocument/35643/635418232770030000 Light Pollution Reduction
Comply with lighting power requirements in Energy Code and design interior / exterior lighting so that zero direct-beam illumination leaves the building site, using the following strategies:
 Shield all exterior luminaires or use cutoff luminaires.  Contain interior lighting within each source.
 Allow no more than .01 horizontal foot candle 15 ft. beyond site.  Contain all exterior lighting within property boundaries

2. Problem: Fencing on shared bounderies to residential uses:
"24.12.160 FENCING AND SCREENING.
(3) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of 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.

This maximum fence height does not apply to fences along an alley or the rail trail associated with an Accessory Dwelling Unit, where fences are limited to three feet, six inches along the alley or rail trail unless a conditional fence permit is approved for greater height."
Where existing fencing is 6‐feet as has been City standard, even adding a 2‐ft addition (including lattice) can pose an undue or unintended impact to a shared border fence with a residential use whereby solar access becomes blocked. For example, my home that I own sits 3‐feet from a shared 6‐ft fenceline with a business use on the east, and 3‐ft from residential neighbors on the south and north. Within this small 3‐ft setback, it has take me nearly 10 years to dial in exactly what food items I can grow where, and at what time of the year based on the arc of the sun, based on sun exposure needed. My garden reduces my grocery bill these past 20 years ‐ important for fixed low income, especially this past year of inflation, and I share fresh veggies with my fixed low income neighbors. I also have a butterfly and bird habitat ‐ more important than ever with the chipping away of our natural habitats due to development. Our pollinators are important to growing human food and environmental health.

Also the solar access into my home is important to not have to rely on electricity use for that in the daytime or evening, and I can grow indoor plants that improve indoor environment, and also enjoy existing views from windows. As we crowd residences tighter, there has to be a balance of not TAKING away important neighboring uses that contribute to health and wellbeing just for a fence.

My understanding from participating in the zoom meeting when this change was discussed, the City's goal is to reduce public hearings for increasing fence heights.

NOTE: The Zoning Ordinance Update Summary Table included in this Agenda is not the same as that used in the public zoom meeting discussing these changes ‐ with regard to Fence heights. The Amended/updated ordinance reads 8 feet, the Table reads 6 feet and doesn't mention the new 8 foot height.

This fence height in Zoning Ordinance is also part of Objective Standards.

Solution: to avoiding unintended impacts by increasing fence heights to 8-ft without a public hearing option:

Increasing this 6‐ft standard to an 8‐ft height, regardless of the 50% lattice idea which can still block solar access and exposure in a permanent way, create a form of which neighbors to all borders where a 6‐8 foot fence is to be erected, or height added to an existing 6‐ft fence with lattice can sign off on, including a section to where impact concern can be stated if any, with their name and address and contact info. Also that this change does NOT override a property's existing Building Permit Conditions that dictate a 6 ft or less fence height, inclusive of trellis, gates, etc. If there is a concern, such as my example, that there is a process of which this can be reviewed with the goal of avoiding permanent impacts. This would satisfy the City staff's desire to reduce their time involvement by placing that effort on the property owner making the change.

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3 Thank you in advance for incorporating these important additions! Sincerely,
Anita Webb
Santa Cruz

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SUPPLEMENTAL MEMO TO

PLANNING COMMISSION
DATE: July 20, 2022
TO: Planning Commission
MEETING DATE:

SUBJECT:

July 21, 2022
Revisions to A22-0002, Zoning Ordinance Amendments, Related to Replacement Housing and Relocation Assistance
The proposed amendments to Section 2 of A22-0002, Part 14: Residential Demolition/ Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings, were initially intended to reference changes in State law affecting housing demolition and relocation assistance requirements in a manner that made it clear that State law on this subject may take precedence over the Municipal Code, reconcile those changes with local regulations in some instances, and remove language that was inconsistent with State law.

State law on replacement housing and relocation assistance is extremely complex and detailed.

After publication of the packet, it was recognized that, in certain instances, the existing local laws could apply where State law currently does not. To avoid making changes that would reduce relocation assistance or replacement housing requirements, staff has revised Section 2 of A22-0002 (see attachments) to retain the majority of the original language while adding a section that references State law and provides context for this part of Chapter 24.08. The intent is to ensure that prospective applicants know that, with respect to relocation assistance and replacement housing, State law may apply or local regulations may apply, and whichever is more stringent will take precedent.

Submitted by:

Katherine Donovan
Senior Planner
Reviewed by:

Lee Butler
Planning & Community Development Director
Attachments:

1. Revised A22-0002, Section 2: Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings, Clean Copy

2. Revised A22-0002, Section 2: Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings, Redline Version

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A22-0002 REVISIONS, July 20, 2022
Section 2. Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

Sections 24.08.1310 remains unchanged.

24.08.1320 GENERAL PROVISIONS.

California State law includes strict standards for the demolition of housing in an effort to ensure that existing density is not reduced and that housing that is currently rented to lower income tenants is maintained as affordable housing within new development. Housing demolition and housing development projects must comply with the requirements of this section as well as those contained in California state law governing relocation assistance and replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300, as amended. For each provision of the regulations, when both this Code and the California Government Code apply, whichever requires the higher number of replacement units, bedrooms, and/or relocation assistance shall take precedence. No demolition permit shall be issued for any residential dwelling unit or single-room occupancy living unit unless a residential demolition/conversion authorization permit has been issued pursuant to this part.

Sections 24.08.1325 through 24.08.1345 remain unchanged.

24.08.1350 RELOCATION ASSISTANCE.

Relocation assistance shall be defined as two months’ rent. Other arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided, nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

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24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of bedrooms contained within all low- or moderate-income units to be demolished or converted.
a. The basic requirement is that fifty percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site may also be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units shall not be used to fulfill replacement unit requirements.
c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.

Sections 24.08.1362 through 24.08.1380 remain unchanged.

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A22-0002 REVISIONS
Section 2. Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

Sections 24.08.1310 remains unchanged.

24.08.1320 GENERAL PROVISIONS.

Sections 24.08.1325 through 24.08.1345 remain unchanged.

24.08.1350 RELOCATION ASSISTANCE.

All low- or moderate-income households displaced by demolition or conversion of use shall receive relocation assistance. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income if a low- or moderate-income household currently occupies or had occupied the dwelling unit within onetwo years prior to the date of submission of the application for the demolition/conversion permit, or if substantial evidence exists that a low- or moderate-income household had occupied the unit within two years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.

Relocation assistance shall be defined as two months’ rent. or oOther arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided, nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal issuance of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

21.1002

24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of bedrooms contained within all low- or moderate-income units to be demolished or converted.
a. The basic requirement is that fifty percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site may also be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units mayshall not be used to fulfill replacement unit requirements.
c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.

Sections 24.08.1362 through 24.08.1380 remain unchanged.

21.1003
1 ORDINANCE NO. 2022-XX

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

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

CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter

24.04 - Administration is hereby amended as follows:

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

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

1. Appeals;

2. Coastal permit;

3. Conditional driveway permit;

34. Conditional fence permit;

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

56. Design permit;

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

78. Extension of permits;

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

15. Relocation permit;

16. Revocation of permits;

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

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; plus the following:

21.1004
2 (1) Any earth-disturbing activity on known archaeological sites, b. Special use permit, for uses requiring a special use permit;

20. Variance;

21. Watercourse development permit;

22. Watercourse variance;

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

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

Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration is hereby amended as follows:

24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.

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

Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 – Administration of the Santa Cruz Municipal Code is hereby amended as follows:

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

Subsections 1 through 12 remain unchanged.

21.1005
3 Section 4. Section 24.04.130 – Decision-Making Body with Final Approval Authority on Application Approval of Chapter 24.04 - Administration is hereby amended as follows:

Subsections 1 and 2 remain unchanged.

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

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

ZA CPC/CC
Conditional Driveway Permit ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
The remainder of this table remains unchanged.

Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration is hereby amended as follows:

24.04.160 LIFE OF PERMIT.

Subsections 1 through 3, no change.

4. Modifications.

Subsection a remains unchanged.

21.1006
4 b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the project without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. Additional Minor modifications not related to such increases in floor area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.

Subsection 4.c remains unchanged.

Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings is hereby amended as follows:

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

Section 7. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.200 remains unchanged.

24.10.210 PRINCIPAL PERMITTED USES.

Subsections 1 through 3 remain unchanged.

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

21.1007
5 Subsections 5 through 8 remain unchanged.

24.10.230 USE PERMIT REQUIREMENT.

24.10.240 USE DETERMINATIONS.

Section 24.10.250 remains unchanged.

Section 8. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.300 remains unchanged.

24.10.310 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

Subsections 4 through 7 remain unchanged.

24.10.330 USE PERMIT REQUIREMENT.

21.1008
6 1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

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

Subsections 2.a through 2.i remain unchanged.

24.10.340 USE DETERMINATION.

Sections 24.10.350 and 24.10.351 remain unchanged.

Section 9. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.400 remains unchanged.

24.10.410 PRINCIPAL PERMITTED USES.

Subsections 1 and 2 remain unchanged.

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

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

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

56. Community garden.

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

21.1009
7 78. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.430 USE PERMIT REQUIREMENT.

Subsections 2.c through 2.h remain unchanged.

24.10.440 USE DETERMINATION.

Section 24.10.450 remains unchanged.

Section 10. Part 6: R-M Multiple Residence – Medium Density of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.1010
8 Section 24.10.500 remains unchanged.

24.10.510 PRINCIPAL PERMITTED USES.

Subsections 1 through 3 remain unchanged.

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

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

67. Supportive and transitional housing.

24.10.530 USE PERMIT REQUIREMENT.

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

21.1011
9 a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home.

Subsections 2.c through 2.h remain unchanged.

24.10.540 USE DETERMINATION.

Section 24.10.550 remains unchanged.

Section 11. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.560 remains unchanged.

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

Subsections 1 and 2 remain unchanged.

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

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

45. Supportive and transitional housing;

21.1012
10 Section 24.10.570 remains unchanged.

24.10.575 USE PERMIT REQUIREMENT.

Subsection 2 remains unchanged.

24.10.580 USE DETERMINATION.

Section 24.10.585 and 24.10.590 remain unchanged.

Section 12. Part 7A: Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.602 remains unchanged.

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are may be subject to approval of a design permit per section 24.08.410 as well as and other requirements of the Municipal Code (numerical references at the end of

21.1013
11 these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small and large family daycare homes in residential unitsfacility in single-family home or duplex (510a);
Subsections 1.c, 1.d, and 2 remain unchanged.

24.10.604 USE PERMIT REQUIREMENT.

Subsection 2 remains unchanged.

24.10.606 USE DETERMINATION.

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

Section 24.10.608 remains unchanged.

Section 13. Part 7B: Subdistrict B – Motel Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

21.1014
12 Subsection 24.10.610 remains unchanged.

24.10.611 PRINCIPAL PERMITTED USES.

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

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

24.10.612 USE PERMIT REQUIREMENTS.

Subsection 2 remains unchanged.

24.10.614 USE DETERMINATION.

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

Section 24.10.616 remains unchanged.

Section 14. Part 7C: R-T (C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.618 remains unchanged.

24.10.619 PRINCIPAL PERMITTED USES.

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

24.08.410 and other requirements of the Municipal Code (numerical references at the end of

21.1015
13 these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Subsections 1.a through 1.d remain unchanged.
e. Small and large family daycare homes in residential unitsfacility in single-family home or duplex;
Subsections 1.f, 1.g, and 2 remain unchanged.

Subsection 2 remains unchanged.

24.10.622 USE DETERMINATION.

21.1016
14 Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then aA use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 24.10.624 and 24.10.624.1remain unchanged.

Section 15. Section 24.10.625.4 – Use Determination of Chapter 24.10 – Land Use Districts is hereby amended as follows:

24.10.625.4 USE DETERMINATION.

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

Section 16. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts is hereby amended as follows:

Section 24.10.626 remains unchanged.

24.10.627 PRINCIPAL PERMITTED USES.

Santa Cruz City CouncilAugust 23, 2022

Santa Cruz City Council
August 23, 2022