Agenda packet — Santa Cruz City Council, August 23, 2022 (part 7 of 8)

Subsections 1.a and 1.b remain unchanged.
c. Small and large family daycare homes in residential unitssingle-family homes or duplexes (510a);

21.1017
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.

21.1018
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.

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.

21.1019
17 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 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);

21.1020
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.

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.

21.1021
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.

21.1022
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.

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):

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.

21.1023
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.

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.

21.1024
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.

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:

21.1025
23 Section 24.10.1200 remains unchanged.

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):

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.

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. Large family daycare homes and foster Foster family homes; Subsections 1.i through 1.o and 2 remain unchanged.

24.10.1240 USE DETERMINATION.

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:

21.1026
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.

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 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.

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.

21.1027
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.

21.1028
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:

21.1029
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.

21.1030
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.

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.

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;

21.1031
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.

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.

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.

21.1032
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

21.1033
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.

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 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.

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.

21.1034
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

21.1035
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).

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. Any accessory structures located in the front or exterior side yard must be open in nature and must provide and maintain a minimum of ninety percent visual permeability above the first foot in height. 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 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:

21.1036
34 24.12.160 FENCING AND SCREENING.

1. Fencing. Regulations governing the installation, construction and placement of fences and structures in the nature of fences which exceed height limitations contained herein are set forth in Chapter 24.08, Part 7, Conditional Fence Permit.
a. Height Limitations. No person shall erect upon any private property in the city any fence, or structure in the nature of a fence, exceeding the following height limitations:
(1) Within the required front and exterior side yard setback areas established by this title, Chapter 18.04, or other ordinances of the city, fences shall not exceed a height of three feet, six inches from finished grade, except as provided in Chapter 24.08, Part 7.; (2) 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.

21.1037
35 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 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.

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits. For development on sites that have “known resources” see subsection (12).

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.

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

21.1038
36 consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city or redevelopment agency 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 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.

21.1039

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

PLANNING COMMISSION
Minutes
Regular Meeting
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

21.1040
ABSTAIN: Greenberg
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.

21.1041
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:

21.1042
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:

21.1043
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.

21.1044
Transportation and Public Works Commission

AGENDA REPORT
DATE: 05/05/2022
AGENDA OF: 05/16/2022
DEPARTMENT: Public Works
SUBJECT: Public Works Objective Development Standards - Santa Cruz Municipal Code Revisions (PW)
RECOMMENDATION: Motion that the Transportation and Public Works Commission recommend that the City Council approve revisions to the Santa Cruz Municipal Code that regulate Public Works. (ATTACHMENT A)
BACKGROUND: To address the housing shortage, recent State legislation, including Senate Bill (SB) 35 and SB 330, requires multi-family projects to be reviewed only against objective design and development standards. Objective standards allow applicants to know the requirements that will apply to a proposed project so that they can design a project that meets those standards. According to the Government Code (Sections 65913.4 and 66300[a][7]), objective development standards “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable” by development applicants and public officials before submittal of a project application.

DISCUSSION: The City’s Planning Department has initiated revisions to the Municipal Code to incorporate objective standards into Title 24 and has been working with the Public Works Department and Parks & Recreation to revise additional sections of the Municipal Code to incorporate objective standards for review of multi-family and mixed-use residential development projects. Revisions to the Santa Cruz Municipal Code that regulate Public Works requirements are proposed in ATTACHMENT A. The purpose of these revisions is to provide a set of clear, objective, and measurable public works standards for multi-family and mixed-use residential development in accordance with the Santa Cruz General Plan.

While the City has many design guidelines and policies that promote best practices, many are subjective or optional, and therefore cannot currently be enforced under State law. The proposed Public Works Municipal Code revisions in ATTACHMENT A create objective standards for public work elements that apply to all new multi-family and mixed-use residential projects.

These proposed revisions work in tandem with other Municipal Code revisions proposed by the Parks and Recreation and Planning and Community Development Departments. All proposed revisions work together to create objective standards consistent with the City’s General Plan, Area Plans, and Zoning Codes.

FISCAL IMPACT: There is no fiscal impact.

21.1045
Prepared By:

Nathan Nguyen
City Engineer/Assistant
Director
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

ATTACHMENTS:

1. ATTACHMENT A- PROPOSED REVISIONS TO MUNICIPAL CODE (TITLES 6, 15, 24) - REDLINE.DOCX

21.1046
1 ATTACHMENT A
Proposed Revisions to Santa Cruz Municipal Code

24.12.295 OFF-STREET LOADING FACILITIES

1. Purpose. To reduce street congestion and traffic hazards and to add to the safety and convenience of the community, adequate, attractively designed, and functional facilities for offstreet loading shall be incorporated as necessary in conjunction with new uses of land.

2. General Provisions. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, commercial, residential, retail and/or wholesale store, market, hotel, hospital, mortuary, motel, laundry, dry cleaning, exercise facility or other similar uses or mixed use combinations requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the requirements herein.

In the case of mixed uses in the same structure, on the same lot or in the same development, or more than one type of activity involved in the same use, the total requirements for off-street loading spaces shall be the sum of the requirements for the various uses or activities computed separately, including fractional values.

3. Requirements.
a.

Gross Floor Area
Required
Loading
Spaces
10,000 to 24,999 square feet 1
25,000 to 49,000 square feet 2
For each additional 50,000
square feet or fraction thereof
1 Use Size of Use Required OffStreet Loading Spaces
10,000 to 24,999 square
feet of gross floor area 1 Type B
Manufacturing, storage, warehouse,
retail and/or wholesale store, market,
hotel, hospital, mortuary, motel, laundry,
dry cleaning, exercise facility, or other
similar uses 25,000 to 49,000 square
feet of gross floor area 2 Type B

21.1047
2 For each additional
50,000 square feet of
gross floor area or
fraction thereof
1 Type B
0-24,999 square feet of
gross floor area 0
25,000-99,999 square
feet of gross floor area 1 Type A Office
over 100,000 square feet
of gross floor area 2 Type A
0-50 Units 0
Residential 51-200 Units 1 Type A
over 200 Units 2 Type A
b.

MINIMUM DIMENSIONS FOR LOADING SPACES
Type of Loading Space
Required (See Table

22.112.130-A)
Minimum
Length
(feet)
Minimum
Width
(feet)
Required
Vertical
Clearance
(feet)
Type A 24 8 None
Type B 30 10 14
c. Such space shall not occupy all or any part of any required front or exterior yard area or court space, and shall not be located closer than twenty fifty feet to any lot in an R- District, unless inside a structure or separated from such district by a wall not less than six eight feet in height., provided a conditional fence permit is approved. d. Sufficient room for maneuvering vehicles shall be provided on site. e. Each loading berth shall be accessible from a street or alley. f. Entrances and exits shall be provided at locations approved by the public works director.

21.1048
3 g. The loading area, aisles and access drives shall be paved with a durable, dustless surface, and shall be so graded and drained so as to disperse surface water. h. Wheel stops and bumper rails shall be provided where needed for safety or to protect property.
i. If the loading area is illuminated, lighting shall be directed away from any abutting residential sites and adjacent streets.
j. No repair work or servicing of vehicles shall be conducted in a loading area. k. Trucks with trailers or detached trailers shall not be stored on-site. l. Loading areas shall be maintained in good condition and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without review by the zoning administrator. m. Required off-street loading facilities shall be located on the same site as the use for which the berths are required
Part 8: UNDERGROUND UTILITIES

24.12.700 GENERAL.

All facilities and wires for the extension of facilities for the supplying and distribution of electrical energy and service, including communication service (as defined in Section

12.60.010), shall be placed underground; and further, there exists a need for regulation of certain modifications of existing utility pole lines, all in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city of Santa Cruz.
(Ord. 85-05 § 1 (part), 1985).

24.12.710 PROVISIONS.

1. All new extensions of electrical and communications distribution and service facilities, equipment, and lines carrying less than thirty-four thousand five hundred volts hereafter constructed or installed in the city of Santa Cruz shall be placed underground, unless special permission to construct said facilities above ground is granted, as hereinafter provided.

2. All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts required to be

21.1049
4 relocated by reason of change of grade or alignment or the widening of the street within which such overhead facilities exist shall, upon relocation, be placed underground, unless special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.

3. Overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts shall not be installed to support overhead facilities where such installation would duplicate an existing pole line within an entire city block.

4. Electric and communication service wires or cables to any new building or structure shall be placed underground. Where this requirement would be impractical or unreasonable, the director of public works, upon application of the property owner, may permit overhead services.

5. Any new building or structure where an expansion of any electric or planned communication service on or adjacent to the property is feasible within 5 years of construction completion, and which has not otherwise been permitted for overhead utilities or in-lieu fee payment, shall install dark conduit (as defined in Section 12.60.010) along the project frontage or within the project site, together with any necessary easements for the City to facilitate expansion and future connection to all such service(s) in conformance with the Public Works dark conduit installation specifications that are current at the time of design review and available from the Public Works Department.

6. Any new building or structure, shall be connected to existing or planned electric and communications services by active lines, if available, or dark conduit leading to the building from an adjacent main, in conformance with the Public Works dark conduit installation specifications that are current at the time of design review and available from the Public Works Department. Any lots or structures with more than one unit shall provide such connection to each individual unit, and are encouraged to install communications conduit or lines within the units to ensure connectivity throughout.

7. Any existing building, site, underground utility installation, or structure, for which trenching is required to, from, or along existing or planned electrical or communications services, shall provide underground utilities or dark conduit connections of consistent form and quality with all the specifications of this Section 24.12.710 except as provided in 24.12.720 (7).

8. All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure, and units therein, being served shall be provided by the person building, renovating, owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the lawful requirements of state laws and city ordinances. All such infrastructure, upon completion and acceptance by the City, shall be dedicated as public improvements to the City.

21.1050
5 (Ord. 85-05 § 1 (part), 1985).

24.12.720 EXCEPTIONS.

The provisions of Section 24.12.710 shall not apply to:

1. Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision of, and to the satisfaction of, the city engineer.

2. Poles or electroliers used exclusively for street lighting.

3. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any street.

4. Radio antennas, their associated equipment and supporting structures used by a utility for furnishing communication services.

5. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, and other facilities which are determined by the City Engineer as infeasible for undergrounding.

6. The City Engineer may, by finding of exceptional hardship, grant exceptions or modifications to the requirements, of this Section on a case by case basis, or may require in-lieu payments consistent with any Council adopted resolution implementing Section

24.12.730.

7. The City Engineer may exempt city led projects from requirement to install dark conduit connections.
(Ord. 85-05 § 1 (part), 1985).

UNDERGROUND UTILITY DISTRICTS*
* Editor’s Note: As originally adopted, this chapter was designated as Chapter 12.44. It was renumbered to be Chapter 12.60 at the direction of the city clerk at the time of the 1995 republication.

Sections:

12.60.010 Definitions.

12.60.020 Council may designate underground utility districts by resolution.

12.60.030 Overhead wires – Unlawful to maintain poles.

21.1051
6 12.60.040 Overhead wires – Exception by special permission.

12.60.050 Exceptions.

12.60.060 Overhead wires – Notification of affected property owners and utilities.

12.60.070 Overhead wires – Underground construction.

12.60.080 Overhead wires – Property owner’s responsibility.

12.60.090 Service of notice.

12.60.100 Contents of notice.

12.60.110 Performance of work by city – Assessment.

12.60.120 Notice of assessment.

12.60.130 Hearing and confirmation of assessment.

12.60.140 Assessment as lien.

12.60.150 Overhead wires – Obligation of city.

12.60.160 Overhead wires – Force majeure.

12.60.010 DEFINITIONS.

Whenever in this chapter or in chapter 24.12.700 the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
(1) “City” means the city of Santa Cruz, a municipal corporation of the state of California.
(2) “Commission” means the Public Utilities Commission of the state of California. (3) “Communications Service” means any service offering a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications most typically via subatomic particles or the electromagnetic spectrum, including but not explicitly, those under jurisdiction of the Federal Communications Commission such as cable, cellular, telephone, radio, fiber-optic, or internet.
(43) “Council” means the city council of the city.
(5) “Dark Conduit” means unused or empty conduit and any associated infrastructure, such as but not exclusively, junction boxes, termini, and access panels, for the installation or expansion of electrical or communications services and lines by others or at a future date, all as specified by Public Works.
(64) “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of Section 12.60.020. (75) “Person” means and includes individuals, firms, corporations, copartnerships, and their agents and employees.

21.1052
7 (86) “Poles and overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.
(97) “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. NS 602, 1964: prior code § 7910).

12.60.040 OVERHEAD WIRES – EXCEPTION BY SPECIAL PERMISSION.

The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.

The City Engineer, may also grant special permission for a period not to exceed three (3) years, on such terms as the Department may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate temporary poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.
(Ord. NS 602, 1964: prior code § 7912.1).

6.12.050 STORAGE OF RECEPTACLES
Containers or receptacles must be stored in a manner which facilitates a safe and sanitary condition and which does not impose a barrier to efficient and physically safe collection by city collection crews as determined by the director of public works. All receptacles or containers shall be stored in a manner as to prevent their contents from being scattered or carried by wind or water in a fashion which causes the accumulation of litter or an unsightly, unsafe or unsanitary condition to exist.

All containers or receptacles containing acceptable wastes or recyclables produced by any commercial or industrial establishment shall be placed for collection at a convenient and accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.

21.1053
8 Development permit applications for all industrial, institutional, commercial, professional office and residential developments having more than two units in each structure shall be reviewed by the director of public works to assure that sufficient space is provided in accordance with this section.

In all cases of dispute or complaints concerning the place where refuse or receptacles shall be placed while awaiting the removal of their contents and the same is not specifically fixed by this chapter, the director of public works shall forthwith designate the place and such decision shall be final.

Refuse Container Storage Facility Design Standards – Refuse container enclosures are required of all new multi-family and mixed-use residential projects with 3 or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Design Standards that are current at the time of design review available from the Public Works Department.

15.15 PUBLIC REALM DESIGN FOR MULTI-FAMILY AND MIXED USE RESIDENTIAL PROJECTS. The purpose of this regulation is to establish objective standards for development of multi-family and mixed use residential projects to maintain and enhance the desirable character of neighborhoods, to lessen traffic congestion, to facilitate adequate transportation facilities, and to promote the health, safety and welfare of the community in accordance with the Santa Cruz General Plan.

Sections:

15.15.010 Transportation Study Requirements

15.15.015 Traffic Control Devices

15.15.020 Bicycle Facilities

15.15.025 Sidewalk Facilities

15.15.030 Transit Facilities

15.15.035 Streetlights

15.15.010 TRANSPORTATION STUDY REQUIREMENTS - Projects shall develop a Transportation Study if existing pedestrian, bicycle, or transit circulation will be disrupted or if the project is estimated to generate 50 or more vehicle trips during the P.M. peak hour. The Transportation Study will determine the extent of the impact of the new development or redevelopment on the city transportation infrastructure and the associated requirements for project development. Transportation Study requirements are set forth in the City of Santa Cruz

21.1054
9 Public Works Transportation Study Requirements for Developers document that are current at the time of design review and available from the Public Works Department.

15.15.015 Traffic Control Devices – Projects shall be required to install traffic control devices based on the results of the Transportation Study. Installation of traffic control devices (such as traffic signals, lane markings, signage) shall be installed in accordance with the traffic engineering and safety standards set forth in the California Manual on Uniform Traffic Control Devices and consistent with Area Plans and NACTO Urban Street Design Guide.

15.15.020 Bicycle Facilities – Projects shall be required to install bicycle facilities based on the results of the Transportation Study and consistent with the City of Santa Cruz Active Transportation Plan. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).

15.15.025 Sidewalk Facilities –
• Existing public connections:

In all areas of the city, where a project site includes or is adjacent to an existing public street, alley, path, staircase, or pedestrian way, this public connection will be maintained or relocated within or adjacent to the project site. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060. i. Decorative sidewalks may be required based on the Area Plans. ii. Installation of sidewalks will be based on the Curb, Gutter, and Sidewalk standard details that are current at the time of design review and available from the Public Works Department.
iii. The total number of connections through the site shall not be reduced.
• New public connections:
i. Projects shall be required to install new sidewalks along the frontage in accordance with the Area Plans. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060.
ii. Decorative sidewalks may be required based on the Area Plans. iii. Installation of sidewalks will be based on the Curb, Gutter, and Sidewalk standard details that are current at the time of design review and available from the Public Works Department.

15.15.030 Transit Facilities – Residential projects of 5 or more units, and commercial/office projects greater than 10,000 square feet that are proposed for a parcel that has an existing METRO bus stop located on its street frontage and include work within the street right-of-way (e.g. sidewalk construction; curb cut addition or relocation) shall be required to upgrade the bus

21.1055
1 0
stop to full ADA compliance, including a 5’ x 8’ boarding and alighting area and an accessible route to/from the bus stop. Projects shall be required to install new transit facilities, either on the project’s street frontage, or within 300 feet of the property line, when the City identifies transit as a mitigation measure for significant impacts identified by the Transportation Study. Transit facilities will be installed in accordance with Santa Cruz Metropolitan Transit District (METRO) design standards that are current at the time of design review available from METRO.

15.15.035 Streetlights - Projects (with exception of ADUs) shall be required to install or replace streetlights based on the following:
 A development of 3 or more housing units on one lot shall require the installation of a City Standard street light(s).
 A development of 3 or more housing units on multiple lots shall require the installation of a City Standard street light(s).
 Any new commercial development shall require the installation of a City Standard street light(s).
 Installation or replacement of streetlights will be based on the City of Santa Cruz streetlight standard detail (Electrolier or Decorative Streetlight) current at the time of design review and available from the Public Works Department and consistent with the Area Plans.
 Coordination with PG&E is the applicant’s responsibility. The type of streetlight the city requires will be a standard Electrolier (Type 1) unless a decorative streetlight is specified in the Area Plans or matches existing City streetlights in the area.

15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed thirty feet, including the wings or returns, the measurement being made at the curbline. (b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street.

21.1056
1 1
(c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the Area Plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed use residential projects with 3 or more residential units or any commercial development– Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – 8 feet minimum Ocean – Soquel Ave to Water St – 15 feet minimum
Ocean - Water St to Pryce St/Plymouth St – 12 feet minimum Mission St –Community Commercial District as defined in the Mission Street Urban Design Plan (Swift St to just east of Laurel St) – 12 feet minimum Mission St – Professional and Administrative District (just east of Laurel St to Chestnut St Ext.) – 8 feet minimum
Soquel Ave – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Ave to Morrissey Blvd ) – 10 feet minimum
Soquel Ave – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Blvd to Poplar Ave) – 10 feet minimum
Soquel Ave – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Ave to Branciforte Ave) – 10 feet minimum
Soquel Ave - (Ocean St to Branciforte Ave) – 8 feet minimum Soquel Ave - (Dakota Ave to Ocean St) – 10 feet minimum Water St – Front St to River St – 12 feet minimum
Water St – River St to Ocean St – 8 feet minimum
Water St - Ocean St to Branciforte Ave – 8 feet minimum Water St - Branciforte Ave to Soquel Ave – 10 feet minimum Other Arterials and Collectors
Branciforte Drive - Broadway Ave to Soquel Ave – 8 feet minimum Branciforte Drive - Soquel Ave to Water St – 8 feet minimum Branciforte Drive - north of Water St – 8 feet minimum
Morrissey Blvd from Soquel Ave to Fairmount Ave – 8 feet minimum Broadway Ave – San Lorenzo Blvd to Ocean View Ave – 8 feet minimum Broadway Ave –Ocean View Ave to Frederick St – 8 feet minimum Seabright Ave – Murray Ave to Logan St – 8 feet minimum Seabright Ave – Logan St to Gault St – 8 feet minimum
Seabright Ave – Gault Ave to Soquel Ave – 8 feet minimum Front St – Pacific Ave to Laurel St – 8 feet minimum
Front St –Laurel St to Water St – 10 feet minimum
Laurel St – River St to Chestnut Ave – 10 feet minimum
Laurel St – Chestnut Ave to Mission St – 8 feet minimum Cedar St – Laurel St to Center St – 10 feet
Bay St – West Cliff to Mission St – 8 feet minimum

21.1057
1 2
Bay Drive – Mission St to High St – 8 feet minimum
Delaware Ave – Bay Ave to Swift St – 8 feet minimum
Delaware Ave – Swift St to Shaffer Rd – 8 feet minimum
All Other Roadways
Unless specified in an Area Plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with 3 or more residential units or any commercial development shall be a minimum of 8 feet.

24.12.280 DESIGN REQUIREMENTS.

1. Driveway Design Standards.
a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title. These areas shall be maintained in conformance with Section 13.30.110.
b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces.
c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.
d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles based on AASHTO Green Book sight distances.
e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:

21.1058
1 3
* Back edge of standard city driveway.
** All percentages are measured from the edge of standard city driveway. f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20

21.1059
Transportation and Public Works
Commission
Regular Meeting
Minutes
6:00 p.m., Monday, May 16, 2022
Zoom Webinar
Call to Order 6:01 P.M.

Roll Call: Chair Philip Boutelle, Vice Chair Ron Goodman; Commissioners: Candace Brown, Kyle Kelley, Robert Orrizzi, and Zennon Ulyate-Crow, and Samantha Vroomen Absent with Notification: None
Absent without Notification: None
Statements of Disqualification: None
Oral Communications: None
Announcements:

Scott Ruble, Principal Management Analyst, introduced and welcomed Zennon UlyateCrow as the newly appointed commissioner.

Nathan Nguyen, Assistant Director and City Engineer, announced that it is National Public Works Week and that the Public Works Department will be hosting three construction tours lead by project managers between May 17th and May 19th from 12:30 PM to 1:30 P.M.

He also made an announcement that the Transportation Manager recruitment is still ongoing. The top candidate pulled himself out of the running and Public Works will have to go out for a new recruitment. He also noted that Public Works is interviewing for the Parking Programs Manager.

Mark Dettle, Director of Public Works, let the commission know that Public Works has received a new division called the Homeless Field Service Division. This will consist of a supervisor, a senior and two service worker positions. This positon will help support Citywide homelessness response and camp clean ups.

Presentations:

1. Climate Action Plan 2030 Update

21.1060
Tiffany Wise-West, Sustainability and Climate Action Manager, gave an update on the 2030 Climate Action Plan.

At 6:56 P.M. Chair Boutelle opened Public Comment. There were no speakers and Chair Boutelle closed Public Comment at 6:57 P.M.

Approval of Minutes

2. April 18, 2022 Transportation and Public Works Commission Draft Minutes MOTION: Commissioner Orrizzi moved, seconded by Vice Chair Goodman, to approve the minutes of the April 18, 2022 Transportation and Public Works Commission meeting.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Kelley, Orrizzi and Vroomen
NOES: None
ABSENT: None
DISQUALIFIED: Commissioners Brown and Ulyate-Crow
Consent: None
General Business: None

3. Appeal of Parking Changes on La Fonda Avenue adjacent to 410 La Fonda Avenue – Public Hearing
Dan Estranero, Associate Professional Engineer, presented the parking appeal adjacent to 410 La Fonda.

At 7:28 P.M. Chair Boutelle opened public comment and the following people spoke:

Tony Stumbaugh
Ryan Meckel
At 7:32 P.M. Chair Boutelle closed public comment.

MOTION: Commissioner Ulyate-Crow moved, seconded by Commissioner Kelley, to deny the appeal of the parking changes on La Fonda Avenue adjacent to 410 La Fonda Avenue.

21.1061
ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners:

Kelley, Vroomen and Ulyate-Crow
NOES: Commissioners; Brown and Orrizzi
ABSENT: None
DISQUALIFIED: None

4. Appeal of 20-Minute Commercial Loading Zone – Pine Street frontage of 902 Soquel Avenue – Public Hearing
Nate Goodman, Engineering Technician, presented the appeal of a 20-minute commercial loading zone at Pine Street frontage of 902 Soquel Avenue.

At 7:54 P.M. Chair Boutelle opened public comment and the following person spoke:

Gavin Comstock
At 7:58 P.M. Chair Boutelle closed public comment.

MOTION: Vice Chair Goodman moved, seconded by Commissioner Brown, to uphold the appeal of the 20-minute commercial loading zone on Pine Street frontage of 902 Soquel Avenue.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman,
Commissioners: Brown, Kelley, Orrizzi, Vroomen and Ulyate-Crow NOES: None
ABSENT: None
DISQUALIFIED: None

5. Public Works Objective Development Standards – Santa Cruz Municipal Code Revisions

Nathan Nguyen, Assistant Director & City Engineer, gave a presentation on the revisions to the Santa Cruz Municipal Code on the Public Works Objective Development Standards.

At 8:56 P.M. Commissioner Kelley moved, seconded by Commissioner Goodman to extend the meeting to 10:00 P.M.

At 9:09 P.M. Chair Boutelle opened public comment. There were no speakers and Chair Boutelle closed public comment at 9:10 P.M.

21.1062
MOTION: Commissioner Ulyate-Crow moved, seconded by Commissioner Kelley, that the Transportation and Public Works Commission recommend that the City Council approve revisions to the Santa Cruz Municipal Code that regulate Public Works, with recommendation that staff adjust implementation of site public improvements based upon building square footage in accordance with AB 602. In addition, a formal request that this language be brought back to Transportation and Public Works Commission for revision including curb management, 15.15.020, 15.20.060, and egress.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Brown, Kelley, Orrizzi, Vroomen and Ulyate-Crow
NOES: None
ABSENT: None
DISQUALIFIED: None
Informational Items: None
Subcommittee/Advisory Body Oral Reports: None
Items Initiated by Members for Future Agendas: None
Adjournment 10:08 P.M.
00:00
4:09:19

21.1063
PR Commission

AGENDA REPORT
DATE: 04/07/2022
AGENDA OF: 04/11/2022
DEPARTMENT: Parks and Recreation
SUBJECT: Tree Ordinance Revision (Chapter 13.30)
RECOMMENDATION: Discuss revisions to the proposed tree ordinance (SCMC 13.30) and recommend approval to the City Council.

BACKGROUND: Chapter 13.30 (“Trees”) of the Santa Cruz Municipal Code regulates the protection, maintenance, and planting of street trees. Chapter 13.30 was passed into law in 1985, was amended in 1995 on the subject of property owners’ responsibility and liability, amended again in 2007 on the subject of nuisance vegetation, and most recently amended in 2013 on the subject of permits for pruning.

The initial driver of the ordinance revisions now proposed is an effort by the City’s planning department to create objective development standards. Objective development standards are clearly defined and measurable requirements such as height limits, setbacks, floor area ratios, and parking standards and more, that can be objectively verified and do not involve any personal discretion by staff or elected officials. The California Housing Crisis Act of 2019 (SB 330) took effect in 2020, and is focused on ensuring that the existing planned number of housing units can be realized in all jurisdictions in the State. Under the statute, cities and counties are no longer permitted to reduce the total number of planned housing units within their boundaries, and all land zoned or designated for housing development must be permitted to develop to the full extent established by the zoning code or general plan. Jurisdictions are permitted to regulate new housing construction using development standards that are measurable, objective, and knowable at the time an application for development is filed. When development standards are precisely articulated the applicant, decision makers, and community, can understand what is expected of new development proposals. The review process for residential or mixed-use development applications is more transparent and can better proceed in a streamlined and predictable fashion.

The planning department is bringing forward proposed revisions to the City’s Zoning Code (Title 24) to create objective development standards, including standards for street trees. The draft standards state, “The street trees shall conform to. . . all the standards of Chapter 13.30.” The revisions proposed to 13.30 include objective standards that add further detail to the objective standards for street trees proposed for Title 24.

The proposed revisions to the Tree Ordinance also follow the recommendations of the Street Tree Master Plan, which was reviewed by the Parks and Recreation Commission in March of

21.1064
2021 and approved by City Council in April. Among the objectives in the Urban Forest Policy and Regulation focus area of the plan (Goal 11) is to “explore revising and amending municipal code to promote the protection of community trees.” Specifically the plan recommends higher professional standards for contractors who perform work on street trees, that work be done in conformance with current industry standards, and that development standards are revised to incorporate street trees in a manner that will lead to their long-term success.

The proposed revisions also seek to update language and legal standards, provide greater clarity, and improve consistency between different portions of the municipal code.

DISCUSSION: Staff and the City Attorney’s Office are proposing revisions to sections

13.30.020 – 13.30.220 of the Tree Ordinance (see summary of proposed revisions to chapter

13.30 attached).

The proposed revisions will allow the City to implement objective standards review of development projects covered in chapter 24.12 in relation to street trees and ensure that street trees are included in these projects in a thoughtful and sustainable way that is in alignment with City policies. The objective standards will also insure that these best practices are applied to planting street trees citywide. The proposed revisions will also help implement one of the objectives of the Street Tree Master Plan and heighten the level of care required of street trees in Santa Cruz. They will update chapter 13.30 to reflect current language, procedures, and best practices. They will improve the legal protections offered the City and the City’s ability to recover costs. Finally, they will improve the clarity, usefulness, and consistency of the municipal code.

Environmental Review
The proposed Tree Ordinance amendments implement the goals and policies of the City’s 2030 General Plan. The General Plan Environmental Impact Report (EIR) reviewed the proposed tree protection policies and found that the implementation of these policies reduced potential environmental impacts of future development to a less than significant level. CEQA allows the City to take actions that it has previously reviewed and approved unless substantial changes have occurred or new information is available that would require preparation of a new EIR (Public Resources Code section 21166). Specifically, the proposed tree ordinance amendments incorporate street tree best management practices to enhance a sustainable urban forest. The proposed amendments specify objective standards for street tree container size when planting new street trees that is consistent with baseline conditions in the City’s approved 2030 General Plan EIR. The proposed amendments specifically implement 2030 General Plan goals and policies as follows:

Goal NRC5 [develop] An enhanced and sustainable urban forest o NRC5.1 Protect and manage tree resources in the urban environment…  NRC5.1.1 Continue and enhance educational programs and opportunities to promote the Urban Forest.
 NRC5.1.2 Maintain and add to the city’s urban tree canopy and increase tree diversity within urbanized areas using native and non-invasive tree species. o NRC5.2 Increase the percent of tree canopy by promoting street tree planting.  NRC5.2.1 Provide and maintain a list for the public identifying species appropriate for street trees.

21.1065
Further, any remaining proposed amendments to the tree ordinance not previously studied and approved under the City’s General Plan are categorically exempt from further environmental review under California Code of Regulations, title 14, sections 15307 and 15308, because the ordinance is a regulatory action that protects natural resources and the environment by enhancing the urban forest by supporting and expanding the City’s street tree program. Finally, the proposed amendments are also exempt from environmental review under section 15061(b)(3), otherwise known as the “common sense exemption”, because it can be seen with certainty that the action will not have a significant effect on the environment.

FISCAL IMPACT: These revisions will lead to no additional City expenditures. They may improve the ability of the City to recover costs for tree damage and code violations.

Prepared By:

Travis Beck
Superintendent of Parks
Submitted By:

Tremain Hedden-Jones
Secretary to the Commission
Approved By:

Tony Elliot
Director of Parks &
Recreation
ATTACHMENTS:

1. 13.30 REVISIONS (REDLINE).DOCX

2. 13.30 REVISIONS (CLEAN).DOCX

3. SUMMARY OF PROPOSED REVISIONS TO CHAPTER 13.30.DOCX

4. DRAFT OBJECTIVE STANDARDS RELATING TO STREET TREES (CHAPTER

24.12).DOCX

5. ORDINANCE NO.DOCX

21.1066

13.30.010 Short title.

13.30.020 Purpose.

13.30.030 Definitions.

13.30.040 Parks and recreation director – Powers and duties.

13.30.050 Parks and recreation commission – Powers and duties.

13.30.060 Property owner maintenance responsibilities – Duties and liabilities.

13.30.065 Harming Damaging street trees forbidden.

13.30.067 House moving.

13.30.070 Duties of public utilities.

13.30.080 Master Approved street tree list.

13.30.090 Master Street tree planting plan.

13.30.100 Permits required.

13.30.110 Prohibited vegetation – Nuisance.

13.30.120 Abatement of public nuisances.

13.30.130 Charges against property owners or other persons pursuant to this chapter.

13.30.130 Recovery of damages for loss of trees.

13.30.140 Infraction.

13.30.150 Legal Remedies/Penalties and Fines.

13.30.160 Right of appeal.

13.30.170 Where to file appeal.

13.30.180 Procedure for appeals.

13.30.190 Stay, pending appeal.

21.1067

13.30.200 Hearing on appeal.

13.30.210 Liability.

13.30.220 House moving.

13.30.220 Severability.

13.30.010 SHORT TITLE.

This chapter shall be known as the “Tree Ordinance of the City of Santa Cruz.” (Ord. 85-29 § 2 (part), 1985).

13.30.020 PURPOSE.

The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this Tree Ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of trees and other vegetation within the city of Santa Cruz. Heritage trees shall be further regulated by chapter 9.56 of the Municipal Code.
(Ord. 85-29 § 2 (part), 1985).

13.30.030 DEFINITIONS.

21.1068
(c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any tree or vegetation, any trenching or excavating near any tree or vegetation, or any action which may cause death, destruction or injury to any tree or vegetation, or which places any tree or vegetation in a hazardous condition or in an irreversible state of decline. (d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.
(e) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.
(f) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.
(g) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk.
(h) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(i) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.
(j) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.
(k) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
(l) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010 of the Municipal Code. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210. (m) “State Tree Care License” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.
(n) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.

21.1069
(o) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.
(p) “Street Tree Planting Details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted.
(q) “Traffic Diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.
(r) “Tree Sidewalk Program Policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the Parks and Recreation Street Tree Sidewalk Program. (s) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.
(Ord. 85-29 § 2 (part), 1985).

21.1070
(1) Provide technical assistance and information to assist landowners in maintaining street trees;
(2) Inspect and maintain street trees and make recommendations regarding street trees to City staff and the public;
(3) Assist in the maintenance, removal and replacement of street trees in the public right-of-way on public property;
(4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use; (5) Require street tree planting and replacement, inspection, trim, prune, pruning, root pruning, spraying, replace or otherwise maintain maintenance of any tree planted on public property pursuant to the requirements of this chapter. within the city of Santa Cruz.
(6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or street public right-of-way. (c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, and/or street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as required in the city’s Municipal Code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, and/or street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4 of the Municipal Code. (Ord. 94-61 § 1, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.

The parks and recreation commission shall have the following powers and duties:
(a) Hear appeals pursuant to Section 13.30.170 and 13.30.180, from persons aggrieved by any decision of the director of parks and recreation taken under the provisions of this chapter.
(b) Make recommendations to the city council concerning policies, programs and decisions relating to street trees.

21.1071
(Ord. 85-29 § 2 (part), 1985).

15.20.210 and 15.20.220. All duties, obligations and liabilities of property owners specified by Sections 15.20.210 and 15.20.220 of this code apply to maintenance of parkways and street trees. Specifically, a property owner obligated by Section

15.20.210 to maintain a sidewalk area must prune and trim all trees, tree roots, shrubs, hedges and ground cover, and weed, clear and otherwise maintain all included parkways so as to make the area safe and convenient for public use. A property owner who fails to so maintain a street tree or a parkway adjoining his property is liable under Section 15.20.220 of this code for any injury or damage suffered by a member of the public which is caused by said failure.

21.1072
(7) Pruning any street trees, street tree roots, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way; (8) Pruning any trimming trees, and shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director for their well being so as to avoid any damage to public health, safety and welfare, to standards set by the city; (9) Planting and replacing street trees pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in Section 13.30.090. (c) Before any tree is planted, pruned, trimmed root pruned, removed, or replaced under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite. (d) All maintenance activities contemplated by this section shall be performed in conformity with guidelines, standards and recommendations of the department:
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of planting, replacement, or any other maintenance responsibilities or requirements provided in this Section 13.30.060, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, replacement, or other maintenance.

In order to enforce maintenance of street trees and parkways under this chapter, all relevant provisions and procedures delineated in Section 15.20.210 of this code and Chapter 22 of Division 7, Part 3, of the Streets and Highways Code and related provisions will be applied.
(Ord. 94-61 § 2, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.065 HARMING DAMAGING STREET TREES FORBIDDEN.

21.1073
(b) Exposing the street tree to deleterious materials and substances; (c) Allowing fire to burn so near a street tree as to cause damage to a street tree or that may be detrimental to the health of the street tree; (d) Allowing wires to constrict any part of a street tree; (e) Constructing, altering, or repairing a sidewalk or structure other improvement in a manner which may be detrimental to the health of injurious to a street tree; (f) Disfiguring a street tree by any means of physical injury or graffiti; (g) Nailing or tacking a sign, poster, or similar device into a street tree; (h) Driving stakes into the street tree for any purpose other than supporting the street tree.
(Ord. 94-61 § 3, 1995).

13.30.067 HOUSE MOVING.

Where a structure is to be moved over a route which may entail damage to street trees, the city may require the person moving the structure to post a bond or other security to cover the cost of anticipated damage to street trees.
(Ord. 85-29 § 2 (part), 1985).

13.30.070 DUTIES OF PUBLIC UTILITIES.

It shall be the duty and responsibility of any public utility installing or maintaining any overhead wire or underground pipes or conduit in the vicinity of a parkway strip, to obtain permission from the director before performing any maintenance on said wires, pipes or conduits, which would cause injury to street trees. Such public utilities shall in no way injure, cut roots, deface, prune, or scar any street tree until their plans and procedures have been approved by the director.
(Ord. 85-29 § 2 (part), 1985).

21.1074
(b) Trees planted in a public right-of-way must comply with the master Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list. (c) All street trees shall conform with any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (Ord. 85-29 § 2 (part), 1985).

13.30.090 PLANTING STREET TREES MASTER STREE TREE PLANTING PLAN. (a) The director shall prepare a master Street Tree Master planting Plan for the city, which shall include but not be limited to, an inventory of street trees in the public rightof-way, as well as any city goals for managing existing street trees and planting future street trees. This plan shall identify tree species and areas within the city appropriate for their use. The plan shall be submitted to the parks and recreation commission for recommendation to the city council. When approved by the city council, the plan shall be made available to the public through the parks and recreation department and the department of planning and community development.
(b) Objective Standards for Planting Street Trees. The following objective standards shall apply to the planting of any street trees:
(1) Any street trees installed shall be a minimum container size #15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock.
(2) Tree species shall be selected from the Approved Street Tree List, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list. (3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (4) The property owner shall check for the presence of utilities in the area of a proposed plantings and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.
(Ord. 85-29 § 2 (part), 1985).

21.1075
(1) The application required herein in this subsection (a) shall state the number of trees to be planted or set out the location, grade size, and variety of each tree, the method of planting, and such other information as the director may require. (2) The director shall may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood.
(b) Permit for Trimming Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to No person shall root prune, transplant or remove any tree on public property or within the city public right-of-way without first filing an application and procuring a permit to do so from the director. A permit shall also be obtained from the director by any person proposing to No person shall prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree on public property or within the city public right-of-way, without first filing an application and procuring a permit to do so from the director.
(1) The application required herein in this subsection (b) shall state the number of trees affected, the location, grade size and variety of each tree, the work proposed, and such further information as the director may require. (2) The director shall may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter or, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning trimming is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree. (c) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify. (d) The permit requirement proposed by this section may not apply to tree planting or tree removal associated with development projects that are reviewed by another City of Santa Cruz advisory body or city department under Title 24 pursuant to applicable state or federal law, and to which the relevant advisory body or city department has applied the standards of this Chapter 13.30 in consultation with the city’s urban forester is not satisfied by approval of other city departments, or under city contracts. (e) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated.

21.1076
(f) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.
(Ord. 2013-19 § 1, 2013; Ord. 94-61 § 4, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.105 STATE TREE CARE LICENSE REQUIRED.
(a) Except as set forth in subsection (b) of this section, and in addition to any permit required pursuant to Section 13.30.100 above, a valid State Tree Care License issued by the State of California shall be obtained by any person proposing to perform any pruning, maintenance, care or removal of any street tree for hire within the city limits of the city of Santa Cruz.
(b) Any person who is the property owner adjacent to the street tree needing pruning, maintenance, care, or removal shall be exempted from the requirements of this section requiring a State Tree Care License if said property owner intends to personally perform, and subsequently does personally perform, himself or herself said needed pruning, maintenance, care or removal of said street tree. Said owner shall comply with all other provisions of this chapter.

13.30.110 PROHIBITED VEGETATION – NUISANCE.

No person shall allow to exist any of the following, on property either owned by that person or property for which the person is responsible, as specified by Chapters 13.30 and 15.20 of this code, any nuisance condition, including but not limited to the following:
(a) Any tree, or shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement;
(b) Within the twenty-five foot triangle of property at the intersection of any streets improved for vehicular traffic a Clean Vision Area, any tree limb, shrub, or plant reaching a height more than thirty inches above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feet above curb grade; (c) Vines or climbing plants vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, dead or infected with disease, pests, objectionable insects, scales, fungus or growth injurious to plant material, or dead;

21.1077
(e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges, or dense thorny trees, shrubs, vegetation, and plants on any street or part thereof interfering with any street improvements or sidewalk areas within the public right-of-way.
(g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare or public convenience as determined by the director.
(Ord. 2007-01 § 1, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.120 ABATEMENT OF PUBLIC NUISANCES.
(a) When any public nuisance as defined herein exists, the owner or occupant shall be served with an abatement notice in accordance with Title 4 and Section 4.03.010 of this code, describing the condition, stating the work necessary to correct remove the condition, and the time within which such work must be completed. Such time for compliance shall not exceed ninety days after the date of service of said notice. The notice shall also state that the required work will be performed by the city forces or by others under the city’s supervision of the director if it has not been performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city. within 60 days. Any failure to pay the city for the cost incurred by the city may also constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and their enforcement in this chapter. (b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-of-way. Notice to the property owner or occupant shall be served within a reasonable time from the emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.
(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.
(Ord. 2007-01 § 2, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.130 CHARGES AGAINST PROPERTY OWNERS OR OTHER PERSONS PURSUANT TO THIS CHAPTER.

The cost of the abatement of any public nuisance sought to be charged against the owner of the adjacent private property in accordance with the terms of this chapter may

21.1078
be assessed by the city council against the parcel of private property owned by such person as follows:
(a) A notice and order of proposed assessment of charges against such person for failure to comply with said order this chapter shall be served personally upon said property owner stating:
(1) The date of the order affecting such person and requiring compliance with the terms of this chapter;
(2) Notice of the failure of the owner to complete the work, as specified by the order, within the time therein specified;
(3) The dates of performance of the work as specified by the order, by the city of Santa Cruz or such persons or contractors as it may retain to undertake the work; (4) The charge incurred by the city of Santa Cruz for performance in accordance with said order;
(5) The date and place of hearing of the report of the director before the city council requesting a resolution of the city council authorizing the city clerk to prepare, execute and file a lien against the real property owned by such person in the office of the recorder of Santa Cruz County.
(b) On the date and hour specified in said notice, the city council shall review the report of the director and authorize the preparation, execution and filing of a notice of lien, as provided in this chapter, for all or such portion of the charges reported by the director for the compliance with the order.
(c) The notice of lien shall be filed in the office of the county recorder for Santa Cruz County and shall be in the form of a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority of Chapter 13.30 of the Santa Cruz Municipal Code, and as duly authorized by the City Council of the City of Santa Cruz on the _____ day of _________, 19 ___, by Resolution No. __________, the City of Santa Cruz does hereby claim a lien upon the property hereinafter described for the charges duly assessed by the Council of the City of Santa Cruz as the cost incurred by the City of Santa Cruz for ________ pursuant to order of the Director of Parks and Recreation for the City of Santa Cruz dated ____________, the same has not been paid nor any part thereof, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 10% per annum, from the day of ________, 19__, (insert date of confirmation of assessment by City Council), has been paid in full and discharged of record.

21.1079
(Legal description of the property, either by metes and bounds or by subdivision number. Assessor’s parcel number cannot be used for this type of lien.) (Ord. 85-29 § 2 (part), 1985).

13.30.130 RECOVERY OF DAMAGES FOR LOSS OF TREES.

Any person who damages or destroys a tree on public property in the public right-of-way is liable to the city for the any costs of the tree’s repair or replacement related to the repair or replacement of such tree. Recovery of monetary damages and/or replacement of trees and shrubs shall be in accordance with the current plant appriasal forumla prepared by the International Society of Arboriculture. (a) The director shall determine if and when replacement of a tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List.
(b) For heritage trees with a 14” diameter or larger as defined in chapter 9.56, monetary damages may be assessed as specified by the director which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture.
(a) Replacement value up to eight-inch trunk caliper size shall be based upon the current retail price of a comparable tree up to eight-inch trunk caliper measured at four and one-half feet from the top of the container soil level or the existing soil grade at the site of a damaged tree. Replacement value shall include the cost of replanting or removing a tree.
(b) Replacement trees shall be chosen in accordance with the master street tree planting plan or a species selected by the director.
(c) For trees larger than eight inches in trunk caliper, the monetary value shall be determined on the basis of the current value per square inch of the tree trunk crosssection measured at four and one-half feet above grade in accordance with the formula prepared by the International Society of Arboriculture. (d) A twenty-percent deduction may be applied to any tree found by the director to be in poor condition prior to its damage or destruction.
(e) When injury has occurred during work on any structure, collision with any motor vehicle, an act of vandalism, or house moving, the responsible party shall not be released from liability until the director has determined that the tree(s) has fully recovered.
(Ord. 85-29 § 2 (part), 1985).

13.30.140 INFRACTION.

21.1080
Any person who violates the provisions of Section 13.30.100 shall be guilty of an infraction punishable by a fine of not less than one five hundred dollars for a first offense and in doubling increments for each successive offense, or as otherwise in accordance with a fee schedule adopted by the city council, a decision of an enforcement official, or administrative hearing officer, or by a state statute. Each such person is guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punished accordingly. (Ord. 85-29 § 2 (part), 1985).

13.30.150 LEGAL REMEDIES/PENALTIES AND FINES
(a) Remedies. The city may enforce the provisions of this chapter through all available administrative remedies, including as set forth in Title 4, and as otherwise expressly stated in this chapter.
(b) Civil Penalties and Fines. Any violation of this chapter may also be subject to administrative civil penalties and fines in accordance with a fee schedule adopted by the city council, a decision of an enforcement official or administrative hearing officer, or by a state statute.
(c) Recovery of Costs. The city may seek recovery from the property owner of all costs of enforcing this chapter, including but not limited to monitoring, inspection, emergency response, correction, repair, hearing and appeal fees, legal fees and costs. (d) Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.
(e) Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive. Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the administrative enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.

13.30.160 RIGHT OF APPEAL.

Any person who considers an action taken under the provision of this chapter by any official or advisory body to have been improper, may appeal such action or decision. (Ord. 85-29 § 2 (part), 1985).

21.1081
(b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. through the city clerk All such appeals shall be made pursuant to chapter 1.16 of this code. The city council’s decision shall be final.
(Ord. 85-29 § 2 (part), 1985).

13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.
(a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. and The appellant shall state the nature of the application and the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision. upon which the decision of the official or body is considered to be in error. (b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission or by the city clerk not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.
(Ord. 85-29 § 2 (part), 1985).

13.30.190 STAY, PENDING APPEAL.

The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the parks and recreation commission or of the city council on such appeal.
(Ord. 85-29 § 2 (part), 1985).

13.30.200 HEARING ON APPEAL.
(a) Upon receipt of the appeal, the secretary to the parks and recreation commission shall schedule the a Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings.

Appeals for consideration by the city council shall be scheduled pursuant to chapter

21.1082
(c) The commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief.
(d) The decision of the commission shall be final unless appealed to the city council by the appellant under chapter 1.16.
(Ord. 85-29 § 2 (part), 1985).

13.30.210 LIABILITY.

Nothing in this chapter shall be deemed to impose any liability upon the city of Santa Cruz, or any of its officers, agents, or employees, nor to relieve the property owner or occupant of any private property from the duty to keep their private property, sidewalks, and parkway strip on such private property in a safe condition so as not to be hazardous to public use.
(Ord. 85-29 § 2 (part), 1985).

13.30.220 SEVERABILITY.

Should any section, subpart, clause, provision or any part of this chapter be declared by a court of competent jurisdiction to be unconstitutional, beyond the authority of the city or otherwise invalid, such decision shall not affect the validity of the remaining portion or portions of the chapter.

21.1083

13.30.010 Short title.

13.30.020 Purpose.

13.30.030 Definitions.

13.30.040 Parks and recreation director – Powers and duties.

13.30.050 Parks and recreation commission – Powers and duties.

13.30.060 Property owner maintenance responsibilities – Duties and liabilities.

13.30.065 Damaging street trees forbidden.

13.30.067 House moving.

13.30.070 Duties of public utilities.

13.30.080 Approved street tree list.

13.30.090 Street tree planting.

13.30.100 Permits required.

13.30.110 Prohibited vegetation – Nuisance.

13.30.120 Abatement of public nuisances.

13.30.130 Recovery of damages for loss of trees.

13.30.140 Infraction.

13.30.150 Legal Remedies/Penalties and Fines.

13.30.160 Right of appeal.

13.30.170 Where to file appeal.

13.30.180 Procedure for appeals.

13.30.190 Stay, pending appeal.

13.30.200 Hearing on appeal.

13.30.210 Liability.

21.1084

13.30.220 Severability.

13.30.010 SHORT TITLE.

This chapter shall be known as the “Tree Ordinance of the City of Santa Cruz.” (Ord. 85-29 § 2 (part), 1985).

13.30.020 PURPOSE.

13.30.030 DEFINITIONS.

For the purposes of this chapter, the following words have the meaning given in this section:
(a) “Approved Street Tree List” means a list prepared and maintained by the Parks & Recreation Department of the city of Santa Cruz of tree species approved for use in the city’s public right-of-way.
(b) “Clear Vision Area” means the twenty-five foot triangle of property at the intersection of any streets improved for vehicular traffic as diagrammed below. (c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any tree or vegetation, any trenching or excavating near any tree or vegetation, or any action which may cause death, destruction or injury to any tree or vegetation, or which places any tree or vegetation in a hazardous condition or in an irreversible state of decline.

21.1085
(d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.
(e) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.
(f) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.
(g) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk.
(h) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(i) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.
(j) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.
(k) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
(l) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010 of the Municipal Code. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210. (m) “State Tree Care License” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.
(n) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.
(o) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.
(p) “Street Tree Planting Details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted.

21.1086
(q) “Traffic Diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.
(r) “Tree Sidewalk Program Policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the Parks and Recreation Street Tree Sidewalk Program. (s) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.
(Ord. 85-29 § 2 (part), 1985).

21.1087
(4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use; (5) Require street tree planting and replacement, inspection, pruning, root pruning, spraying, or other maintenance of any tree planted pursuant to the requirements of this chapter.
(6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or public right-of-way. (c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as required in the city’s Municipal Code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4 of the Municipal Code. (Ord. 94-61 § 1, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.

21.1088
causing or threatening damage to or obstructing sidewalk areas as specified by Section

15.20.210 and 15.20.220.
(b) Maintenance required under this Section 13.30.060 shall include, but not be limited to the following acts:
(1) Watering as necessary;
(2) Removing any material which would be harmful to street trees, such as wire, rope, and signs;
(3) Notifying the director of any diseased tree or hazard posed to street trees or vegetation;
(4) Maintaining street trees or vegetation so that there is adequate vertical pedestrian clearance from the top of the sidewalk and adequate vertical vehicular clearance from the top of the curb, to any part of a street tree; (5) Pest control and fertilizing, as needed;
(6) Pruning trees, shrubs and other vegetation to allow for adequate visibility of and clearance of street signs, traffic-control devices, utility lines and other stationary equipment;
(7) Pruning any street trees, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way;
(8) Pruning any trees, shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director so as to avoid any damage to public health, safety and welfare, to standards set by the city;
(9) Planting and replacing street trees pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in Section 13.30.090. (c) Before any tree is planted, pruned, root pruned, removed, or replaced under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite.
(d) All maintenance activities contemplated by this section shall be performed in conformity with:

21.1089
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of planting, replacement, or any other maintenance responsibilities or requirements provided in this Section 13.30.060, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, replacement, or other maintenance. (Ord. 94-61 § 2, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.065 DAMAGING STREET TREES FORBIDDEN.

No person shall damage, or allow to exist any condition, which may damage, any street tree, including but not limited to the following:
(a) Pruning a street tree to expose business signs or buildings or for any other purpose except as otherwise permitted herein;
(b) Exposing the street tree to deleterious materials and substances; (c) Allowing fire to burn so near a street tree as to cause damage to a street tree or that may be detrimental to the health of the street tree; (d) Allowing wires to constrict any part of a street tree; (e) Constructing, altering, or repairing a sidewalk or other improvement in a manner which may be detrimental to the health of a street tree; (f) Disfiguring a street tree by any means of physical injury or graffiti; (g) Nailing or tacking a sign, poster, or similar device into a street tree; (h) Driving stakes into the street tree for any purpose other than supporting the street tree.
(Ord. 94-61 § 3, 1995).

13.30.067 HOUSE MOVING.

21.1090

13.30.070 DUTIES OF PUBLIC UTILITIES.

13.30.080 APPROVED STREET TREE LIST.
(a) The director of parks and recreation shall prepare and maintain the Approved Street Tree List enumerating the species of shade and ornamental trees permitted to be planted in the public right-of-way. The Approved Street Tree List shall be made available to the public through the department of parks and recreation. (b) Trees planted in a public right-of-way must comply with the Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list. (c) All street trees shall conform with any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (Ord. 85-29 § 2 (part), 1985).

13.30.090 PLANTING STREET TREES.
(a) The director shall prepare a Street Tree Master Plan for the city, which shall include but not be limited to, an inventory of street trees in the public right-of-way, as well as any city goals for managing existing street trees and planting future street trees. The plan shall be submitted to the parks and recreation commission for recommendation to the city council. When approved by the city council, the plan shall be made available to the public through the parks and recreation department and the department of planning and community development.
(b) Objective Standards for Planting Street Trees. The following objective standards shall apply to the planting of any street trees:
(1) Any street trees installed shall be a minimum container size #15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock.
(2) Tree species shall be selected from the Approved Street Tree List, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list.

21.1091
(3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (4) The property owner shall check for the presence of utilities in the area of a proposed plantings and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.
(Ord. 85-29 § 2 (part), 1985).

13.30.100 PERMITS REQUIRED.
(a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any tree on any parkway or otherwise in the public right-of-way.
(1) The application required in this subsection (a) shall state the number of trees to be planted or set out the location, size, and variety of each tree, the method of planting, and such other information as the director may require. (2) The director may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood.
(b) Permit for Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to root prune, transplant or remove any tree within the public right-of-way. A permit shall also be obtained from the director by any person proposing to prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree within the public right-of-way.
(1) The application required in this subsection (b) shall state the number of trees affected, the location, size and variety of each tree, the work proposed, and such further information as the director may require.
(2) The director shall may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter or, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree. (c) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify.

21.1092
(d) The permit requirement proposed by this section may not apply to tree planting or tree removal associated with development projects that are reviewed by another City of Santa Cruz advisory body or city department under Title 24 pursuant to applicable state or federal law, and to which the relevant advisory body or city department has applied the standards of this Chapter 13.30 in consultation with the city’s urban forester. (e) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated. (f) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.
(Ord. 2013-19 § 1, 2013; Ord. 94-61 § 4, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.110 PROHIBITED VEGETATION – NUISANCE.

21.1093
(c) Vines or climbing vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, or infected with disease, pests, fungus or growth injurious to plant material, or dead;
(e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges, trees, shrubs, vegetation, and plants interfering with any street improvements or sidewalk areas within the public right-of-way. (g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare or public convenience as determined by the director.
(Ord. 2007-01 § 1, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.120 ABATEMENT OF PUBLIC NUISANCES.
(a) When any public nuisance as defined herein exists, the owner or occupant shall be served with an abatement notice in accordance with Title 4 and Section 4.03.010 of this code, describing the condition, stating the work necessary to correct the condition, and the time within which such work must be completed. The notice shall also state that the required work will be performed by the city forces or by others under the city’s supervision if it has not been performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city.
(b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-of-way. Notice to the property owner or occupant shall be served within a reasonable time from the emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.
(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.
(Ord. 2007-01 § 2, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.130 RECOVERY OF DAMAGES FOR LOSS OF TREES.

21.1094
Any person who damages or destroys a tree in the public right-of-way is liable to the city for any costs related to the repair or replacement of such tree. (a) The director shall determine if and when replacement of a tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List.
(b) For heritage trees with a 14” diameter or larger as defined in chapter 9.56, monetary damages may be assessed as specified by the director which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture.
(Ord. 85-29 § 2 (part), 1985).

13.30.140 INFRACTION.

Any person who violates the provisions of Section 13.30.100 shall be guilty of an infraction punishable by a fine of not less than five hundred dollars for a first offense and in doubling increments for each successive offense, or as otherwise in accordance with a fee schedule adopted by the city council, a decision of an enforcement official, or administrative hearing officer, or by a state statute. Each such person is guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punished accordingly. (Ord. 85-29 § 2 (part), 1985).

21.1095
enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.

13.30.160 RIGHT OF APPEAL.

13.30.170 WHERE TO FILE APPEAL.
(a) Appeals from the decision of the director, or any other administrative office in taking any actions authorized by this chapter shall be made to the city parks and recreation commission pursuant to the procedures provided in Section 13.30.180 below. (b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. All such appeals shall be made pursuant to chapter 1.16 of this code. The city council’s decision shall be final.
(Ord. 85-29 § 2 (part), 1985).

13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.
(a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. The appellant shall state the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision. (b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.
(Ord. 85-29 § 2 (part), 1985).

13.30.190 STAY, PENDING APPEAL.

13.30.200 HEARING ON APPEAL.
(a) Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation

21.1096
procedures and schedules for parks and recreation commission meetings. Appeals for consideration by the city council shall be scheduled pursuant to chapter 1.16. (b) The commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision. (c) The commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief.
(d) The decision of the commission shall be final unless appealed to the city council by the appellant under chapter 1.16.
(Ord. 85-29 § 2 (part), 1985).

13.30.210 LIABILITY.

13.30.220 SEVERABILITY.

21.1097
Summary of Proposed Revisions to Chapter 13.30 – Trees

13.30.020 Purpose
Clarify the scope of the ordinance and refer
readers to the Heritage Tree Ordinance
(Chapter 9.56).

13.30.030 Definitions
Add additional definitions to improve clarity
and be consistent with other sections of the
Municipal Code.

13.30.040 Parks and Recreation Director –
Powers and duties
Update the name of the Approved Street
Tree List. Clarify the scope of the Director’s
duties relating to street tree maintenance.

13.30.050 Parks and Recreation
Commission – Powers and duties
Clarify that this chapter assigns the Parks
and Recreation Commission the power and
duty to hear appeals related to the
provisions of this chapter, unless street
trees are located in the local coastal plan.

Clarify that under this chapter the
Commission has the power and duty to
make recommendations to the City Council
regarding street trees. Under Chapter 9.56
(“Preservation of Heritage Trees and
Heritage Shrubs”) the Commission also has
the power and duty to make
recommendations relating to the urban
forest more broadly.

13.30.060 Property owner maintenance
responsibilities – Duties and liabilities
Clarify the areas within the public right-ofway and types of maintenance for which property owners have responsibility.

Require that work be done in conformance
with industry standards, as recommended
in the Street Tree Master Plan, and with
City policies.

13.30.065 Damaging street trees forbidden
Replace “harming” with “damaging” as
defined in definitions section and further
elaborate types of damage forbidden to
align with Section 9.56.050 (“Protection of
Heritage Trees and Heritage Shrubs”).

13.30.067 House moving
Move Section 220 from existing ordinance
to this location to be near previous section
on damaging street trees.

13.30.080 Approved Street Tree List
Update the name of the list for consistency
and clarity. Remove the requirement for
Commission and Council approval of the list
and annual Commission review of the list to
allow staff technical experts to manage list
as needed. Staff are working on an update
to the list and will share the updated list
with the Commission for feedback. Require
street tree plantings to conform to City
policies.

13.30.090 Planting street trees
Update the name of the “Master Street
Tree Planting Plan” to “Street Tree Master
Plan,” the document that was reviewed by
Commission and approved by Council in
2021.

21.1098
Add objective standards for planting street
trees that can be used by the City in review
of development proposals as outlined in
Chapter 24.12 (“Land use permits and
findings”) and citywide. These standards
require street trees planted to be of a
minimum size and quality, to be selected
from the Approved Street Tree List, to
conform to City policies, and to avoid
conflicts with utility infrastructure.

13.30.100 Permits required
Clarify that the name of the permit required
is a “tree permit” and update the language
of this section. Clarify that tree permits may
not be required for projects reviewed by
another City advisory body or department
under Title 24 as long as the standards of
Chapter 13.30 are still applied.

13.30.105 State Tree Care License required
As recommended in the Street Tree Master
Plan, require that contractors performing
work on street trees hold a valid State Tree
Care License as defined in section

13.30.030. The language for this section is
adapted from Chapter 9.56.

13.30.110 Prohibited vegetation –
Nuisance
Clarify that the prohibitions cover all types
of vegetation. Cover a broader range of
nuisances. Replace the description in part
(b) with the term “Clear Vision Area” as
defined in 13.30.030. Expand the language
in part (d) to include trees that have a
broader range of plant health issues or are
already dead.

13.30.120 Abatement of public nuisances
Better connect this section to Title 4
(“General municipal code enforcement”)
and cover emergency situations.

13.30.130 (existing)
At the recommendation of the City
Attorney’s Office, remove this section in
favor of reference to Title 4 in 13.30.120
and 13.30.150.

13.30.130 (new) Recovery of damages for
loss of trees
Update procedures outlined to reflect
current practice and industry standards.

13.30.140 (new) Infraction
Update fees to current levels and outline
various methods by which fees may be
changed in the future.

13.30.150 (new) Legal remedies/penalties
and fines
New section recommended by the City
Attorney’s Office to refer to Title 4 and
current best practices.

13.30.170 Where to file appeals
Clarify appeals procedure in reference to
other sections of the municipal code.

13.30.180 Procedure for appeals to parks
and recreation commission
Clarify appeals procedure.

13.30.200 Hearing on appeal
Clarify appeals procedure.

13.20.220 (new) Severability
Included at the recommendation of the City
Attorney’s Office.

21.1099
Objective Standards Relating to Street Trees to Incorporate into Chapter 24.12 DRAFT
Standards to incorporate into Ch. 24.12

1. On Corridors [Mission St, Ocean St, Water St, Soquel Ave], when new development or redevelopment is proposed, street trees shall be provided by the owner or developer either within a 5 foot set-back area along any public frontage immediately adjacent to a required public sidewalk or within the public right-of-way along the primary building frontage.

The street trees shall be permanently maintained in the approved location. a. Except when otherwise provided in area plans, the street trees provided shall be a minimum of one tree for each 30 feet of street frontage of the property, with any remaining fraction of 10 feet or more of frontage requiring an additional tree. For example, a lot that is no more than 30 feet in width is required to provide a minimum of 1 street tree, and a lot of 50 feet in width is required to provide a minimum of 2 street trees.
i. If closer spacing is recommended by an applicable area plan the spacing in the area plan shall govern.
ii. The rates above govern the number of trees to be provided but do not establish a minimum spacing. Trees may be grouped at the recommendation of the project’s landscape architect or certified arborist. b. Existing trees count towards the total number of trees required to be provided. i. Existing trees that are to be retained shall be managed and protected in conformity with the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded. ii. Existing trees proposed for removal are subject to the requirements of Chapters 9.56, 13.30, 15.20, applicable council resolutions, and the city’s Local Coastal Program.

1. In addition to on-site replanting requirements for any trees removed, the project applicant may be assessed monetary mitigation as specified by the director of parks and recreation or their designee, which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture.
c. The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy, and all the standards of Chapter 13.30.
i. Planting wells may incorporate alternative technologies to enhance root development and promote tree growth. Where existing soils beyond the tree well are not conducive to tree growth, as determined by the City of Santa Cruz Urban Forester, techniques including but not limited to structural soils and suspended pavement may be conditioned. d. Street trees newly planted within 5 feet of the public right-of-way shall not be planted:
i. Within a Clear Vision Area required by the city.

21.1100
Objective Standards Relating to Street Trees to Incorporate into Chapter 24.12 ii. Within 3 feet of a parking sign unless the Department of Public Works agrees to relocate the sign.
iii. Within 5 feet of a gas or water meter, or underground electrical conduit. iv. Within 5 feet of a fire hydrant.
v. Within 10 feet of a sewer lateral.
vi. Within 10 feet of an electrical utility pole.
vii. Within 10 feet of a driveway.
viii. Within 15 feet of a crosswalk.
ix. Within 20 feet of a traffic signal.
x. Within 15 feet of existing trees unless the location is recommended by a landscape architect or project arborist, as approved by the City of Santa Cruz Urban Forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting. e. Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.
f. Where location criteria eliminate all options for locating street trees on the public frontage, and utilities cannot be further consolidated to allow for installation of street trees as demonstrated in a landscaping plan, the following alternatives will become available to the property owner or developer at the city’s discretion:
i. Incorporation of other trees on the development site, at a rate of 1.5 trees per 1 street tree that is not provided, with fractional requirements rounded up to the next whole number.

1. These trees may be located anywhere on the site, including but not limited to, a buffer at the rear of the property, in a permanent rooftop garden (not in a stand-alone planter), or as a shade tree within a parking area.

2. Trees placed within 5 feet of any paved area shall be installed consistent with the Public Works Department Street Tree Planting Details.

21.1101
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 13.30 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO TREES.

WHEREAS, the City Council of the City of Santa Cruz approved the Street Master Plan at its April 27, 2021 meeting; and
WHEREAS, the objective developments standards have been established in concert with the California Housing Crisis Ace of 2019 (SB 330), which limits discretion by City staff or elected officials; WHEREAS, the City’s Zoning Administrator shall set objective development standards per Title 24 of the Santa Cruz Municipal Code to be in compliance with SB 330; NOW, THEREFORE, BE IT ORDAINED By the City of Santa Cruz as follows:

Chapter 13.30.020 - 13.30.220 of the Santa Cruz Municipal Code is hereby amended to read as follows:

13.30.020 PURPOSE.

The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this Tree Ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of trees and other vegetation within the city of Santa Cruz. The provisions of this Tree Ordinance shall also apply to other chapters in the Municipal Code related to the regulation of trees. Heritage trees shall be further regulated by chapter 9.56 of the Municipal Code.

13.30.030 DEFINITIONS.

21.1102
ORDINANCE NO. 2022-XX
2 (e) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.
(f) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.
(g) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk.
(h) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(i) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.
(j) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.
(k) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
(l) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010 of the Municipal Code. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210. (m) “State Tree Care License” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.
(n) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.
(o) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.
(p) “Street Tree Planting Details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted. (q) “Traffic Diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.
(r) “Tree Sidewalk Program Policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the Parks and Recreation Street Tree Sidewalk Program.
(s) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation,

21.1103
ORDINANCE NO. 2022-XX
3 water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.

13.30.040 PARKS AND RECREATION DIRECTOR – POWERS AND DUTIES. (a) The director of parks and recreation shall be responsible for administering and enforcing this chapter. The director of parks and recreation shall have the following powers and duties in addition to those created elsewhere in this chapter:
(1) Issue permits pursuant to Section 13.30.100;
(2) Maintain the city’s Approved Street Tree List.
(3) Abate public nuisances as hereinafter provided, and in an emergency situation to protect public health, safety, and welfare;
(4) Order removal of dead or diseased trees on private property or within the public right-ofway when found to pose a threat to public safety, property or other trees or vegetation in the vicinity.
(b) The director shall have the power to perform the following services to aid landowners with compliance of any maintenance obligations as required by this and, in his or her discretion, take any measures necessary to prevent or eliminate hazards when said maintenance has not been performed:
(1) Provide technical assistance and information to assist landowners in maintaining street trees;
(2) Inspect and maintain street trees, including but not limited to planting, inspecting, pruning, and removal;
(3) Assist in the maintenance, removal and replacement of street trees in the public right-ofway; (4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use;
(5) Require street tree planting and replacement, inspection, pruning, root pruning, spraying, or other maintenance of any tree planted pursuant to the requirements of this chapter. (6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or public right-of-way.
(c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as

21.1104
ORDINANCE NO. 2022-XX
4 required in the city’s Municipal Code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4 of the Municipal Code.

13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.

The parks and recreation commission shall have the following powers and duties:
(a) Hear appeals pursuant to Section 13.30.170 and 13.30.180, from persons aggrieved by any decision of the director of parks and recreation taken under the provisions of this chapter. (b) Make recommendations to the city council concerning policies, programs and decisions relating to street trees.

13.30.060 PROPERTY OWNER MAINTENANCE RESPONSIBILITIES – DUTIES AND LIABILITIES. (a) An adjacent property owner shall be responsible for the maintenance (as further described in subsection (b) below) of all street trees and other vegetation located on adjacent parkways and in adjacent sidewalk areas per Section 15.20.210 (including but not limited to trees or other vegetation contained in planters located on adjacent parkways and in traffic diverters adjacent to parkways). The adjacent property owner shall also be responsible for the maintenance of all street trees and other vegetation causing or threatening damage to or obstructing sidewalk areas as specified by Section 15.20.210 and 15.20.220.
(b) Maintenance required under section 13.30.060 shall include, but not be limited to the following acts:
(1) Watering as necessary;
(2) Removing any material which would be harmful to street trees, such as wire, rope, and signs;
(3) Notifying the director of any diseased tree or hazard posed to street trees or vegetation; (4) Maintaining street trees or vegetation so that there is adequate vertical pedestrian clearance from the top of the sidewalk and adequate vertical vehicular clearance from the top of the curb, to any part of a street tree;
(5) Pest control and fertilizing, as needed;
(6) Pruning trees, shrubs and other vegetation to allow for adequate visibility of and clearance of street signs, traffic-control devices, utility lines and other stationary equipment; (7) Pruning and removing any street trees, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements,

21.1105
ORDINANCE NO. 2022-XX
5 sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way;
(8) Pruning and removing trees, shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director so as to avoid any damage to public health, safety and welfare, to standards set by the city;
(9) Planting and replacing street trees pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in section 13.30.090.
(c) Before any tree is planted, pruned, root pruned, removed, or replaced under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite.
(d) All maintenance activities contemplated by this section shall be performed in conformity with:
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded.
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of such planting, maintenance, removal, and replacement described in this section and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, maintenance, removal, or replacement.

13.30.065 DAMAGING STREET TREES FORBIDDEN.

No person shall damage, or allow to exist any condition, which may damage, any street tree, including but not limited to the following:
(a) Pruning a street tree to expose business signs or buildings or for any other purpose except as otherwise permitted herein;
(b) Exposing the street tree to deleterious materials and substances; (c) Allowing fire to burn so near a street tree as to cause damage a street tree or that may be detrimental to the health of the street tree;
(d) Allowing wires to constrict any part of a street tree; (e) Constructing, altering, or repairing a sidewalk or other improvement in a manner which may be detrimental to the health of a street tree;
(f) Disfiguring a street tree by any means of physical injury or graffiti;

21.1106
ORDINANCE NO. 2022-XX
6 (g) Nailing or tacking a sign, poster, or similar device into a street tree; (h) Driving stakes into the street tree for any purpose other than supporting the street tree.

13.30.067 HOUSE MOVING.

13.30.070 DUTIES OF PUBLIC UTILITIES.

13.30.080 APPROVED STREET TREE LIST.
(a) The director of parks and recreation shall prepare and maintain the Approved Street Tree List enumerating the species of shade and ornamental trees permitted to be planted in the public right-of-way. The Approved Street Tree List shall be made available to the public through the department of parks and recreation.
(b) Trees planted in a public right-of-way must comply with the Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list.
(c) All street trees shall conform to any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy.

21.1107
ORDINANCE NO. 2022-XX
7 (1) Any street trees installed shall be a minimum container size #15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock. (2) Tree species shall be selected from the Approved Street Tree List, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list. (3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. i. Planting wells may incorporate alternative technologies to enhance root development and promote tree growth. Where existing soils beyond the tree well are not conducive to tree growth, as determined by the City of Santa Cruz Urban Forester, techniques including but not limited to structural soils and suspended pavement may be conditioned. (4) The property owner shall check for the presence of utilities in the area of a proposed plantings and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.
(5) Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.
(6) Street trees planted within 5 feet of the public right-of-way shall not be planted:
i. Within a Clear Vision Area required by the city.
ii. Within 3 feet of a parking sign unless the Department of Public Works agrees to relocate the sign.
iii. Within 5 feet of a gas or water meter, or underground electrical conduit. iv. Within 5 feet of a fire hydrant.
v. Within 10 feet of a sewer lateral.
vi. Within 10 feet of an electrical utility pole.
vii. Within 10 feet of a driveway.
viii. Within 10 feet of a crosswalk.
ix. Within 15 feet of a traffic signal.
x. Within 15 feet of existing trees unless the location is recommended by a landscape architect or project arborist, as approved by the City of Santa Cruz Urban Forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting.

13.30.100 PERMITS REQUIRED.

21.1108
ORDINANCE NO. 2022-XX
8 (a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any street tree on any parkway or otherwise in the public right-of-way.
(1) The application required in this subsection (a) shall state the number of trees to be planted or set out the location, size, and variety of each tree, the method of planting, and such other information as the director may require.
(2) The director may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood. (b) Permit for Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to root prune, transplant or remove any tree within the city public right-ofway. A permit shall also be obtained from the director by any person proposing to prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree within the public right-of-way. (1) The application required in this subsection (b) shall state the number of trees affected, the location, size and variety of each tree, the work proposed, and such further information as the director may require.
(2) The director may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree. (c) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify. (d) The permit requirement proposed by this section is not satisfied by approval of other city departments, or under city contracts.
(e) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated. (f) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.

21.1109
ORDINANCE NO. 2022-XX
9 California shall be obtained by any person proposing to perform any pruning, maintenance, care or removal of any street tree for hire within the city limits of the city of Santa Cruz. (b) Any person who is the property owner adjacent to the street tree needing pruning, maintenance, care, or removal shall be exempted from the requirements of this section requiring a State Tree Care License if said property owner intends to personally perform, and subsequently does personally perform, himself or herself said needed pruning, maintenance, care or removal of said street tree. Said owner shall comply with all other provisions of this chapter.

13.30.110 PROHIBITED VEGETATION – NUISANCE.

No person shall allow to exist, on property either owned by that person or property for which the person is responsible, as specified by Chapters 13.30 and 15.20 of this code, any nuisance condition, including but not limited to the following:
(a) Any tree shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement; (b) Within a Clean Vision Area, any tree limb, shrub, or plant reaching a height more than thirty inches above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feed above curb grade;
(c) Vines or climbing vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, or infected with disease, pests, fungus or growth injurious to plant material, or dead; (e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges or thorny trees, shrubs, vegetation, and plants interfering with any street improvements or sidewalk areas within the public right-of-way. (g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare or public convenience as determined by the director.

21.1110
ORDINANCE NO. 2022-XX
10 performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city. (b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-ofway. Notice to the property owner or occupant shall be served within a reasonable time from the emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.
(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.

13.30.130 RECOVERY OF DAMAGES FOR LOSS OF TREES.

Any person who damages or destroys a tree in the public right-of-way is liable to the city for any costs related to the repair or replacement of such tree. (a) The director shall determine if and when replacement of a tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List. (b) For heritage trees with a 14” diameter or larger as defined in chapter 9.56, monetary damages may be assessed as specified by the director which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture.

13.30.140 INFRACTION.

21.1111
ORDINANCE NO. 2022-XX
11 (b) Civil Penalties and Fines. Any violation of this chapter may also be subject to administrative civil penalties and fines in accordance with a fee schedule adopted by the city council, a decision of an enforcement official or administrative hearing officer, or by a state statute.
(c) Recovery of Costs. The city may seek recovery from the property owner of all costs of enforcing this chapter, including but not limited to monitoring, inspection, emergency response, correction, repair, hearing and appeal fees, legal fees and costs. (d) Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.
(e) Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive. Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the administrative enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.

13.30.160 RIGHT OF APPEAL.

Any person who considers an action taken under the provision of this chapter by any official or advisory body to have been improper, may appeal such action or decision.

13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION. (a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. The appellant shall state the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision.
(b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.

21.1112
ORDINANCE NO. 2022-XX
12 13.30.190 STAY, PENDING APPEAL.

13.30.200 HEARING ON APPEAL.
(a) Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings. Appeals for consideration by the city council shall be scheduled pursuant to chapter 1.16.
(b) The commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision. (c) The commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief. (d) The decision of the commission shall be final unless appealed to the city council by the appellant under chapter 1.16.

13.30.210 LIABILITY.

13.30.220 SEVERABILITY.

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

PASSED FOR PUBLICATION this ___ day of _______, 2022, by the following vote:

AYES:

NOES:

ABSENT:

21.1113
ORDINANCE NO. 2022-XX
13 DISQUALIFIED:

APPROVED: __________________________
Mayor
ATTEST: ___________________________
City Clerk Administrator
PASSED FOR FINAL ADOPTION this ___ day of _______, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Mayor
ATTEST: ___________________________
City Clerk Administrator
This is to certify that the above and
foregoing document is the original of
Ordinance No. 2022-XX and that it has
been published or posted in accordance
with the Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

21.1114

CITY OF SANTA CRUZ
Parks & Recreation Department
323 Church Street
Santa Cruz, California 95060

PARKS & RECREATION COMMISSION
Regular Meeting Minutes - DRAFT
April 11, 2022
4:00 PM GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS – ZOOM: HTTPS://ZOOM.US/J/93143409514
Parks & Recreation Commission
Call to Order – 4:01 PM
Roll Call: Commissioners Gillian Greensite, Hollie Locatelli, Jane Mio, Jacob Pollock, and Vice Chair Kristina Glavis.

Absent: Chair JM Brown.

Staff: Tony Elliot, Travis Beck, Lindsay Bass, Tiffany Wise-West, Sarah Neuse, Stephanie Hall, Leslie Keedy and Tremain Hedden-Jones.

Presentations
1 Climate Action Plan 2030 (CM)
Receive an update and presentation on the Climate Action Plan for 2030.

Analyst Wise-West provided an update on future focus/implementation of the climate action plan; community-wide plan that includes the region and encompassing communities.

Commissioners commented on construction and program management.

Statements of Disqualification – No members were disqualified to vote.

21.1115
Oral Communications
The following members of the public spoke:

None.

Announcements
2 Commission and Department Updates

1. Presiding Officer
Vice Chair K. Glavis commented on former Commissioner SchottNorris’ resignation and thanked her for her years of service.

2. Commissioners
Commissioners commented on Friends of Parks & Recreation (FOPAR) scholarships and program goals for the next year; received correspondence; and outreach to Spanish speaking children within the community.

3. Department Staff
See written submission in agenda packet.

4. Director of Parks & Recreation
Director T. Elliot spoke to the preparation of the fiscal year 2023 budget and need for a special meeting; registration for summer programs on April 9; acknowledged Commissioner J. Mio’s award from the California Parks & Recreation Society (CPRS); commented on the updated sidewalk vending ordinance.

Approval of Minutes
3 Approval of Minutes for the February 14, 2022, regular meeting of the Parks & Recreation Commission
4 Approval of Minutes for the February 28, 2022, special meeting of the Parks & Recreation Commission
MOTION: Commissioner H. Locatelli, seconded by Commissioner G.

Greensite, moved to approve the meeting minutes from the February 14 and February 28, 2022, as submitted.

21.1116
ACTION: The motion was carried by the following vote:

AYES: Greensite, Locatelli, Mio, and Pollock;
Vice-Chair Glavis.

NOES: None.

ABSENT: Brown.

ABSTAIN: None.

Consent Agenda – There were no items.

Public Hearings – There were no items.

General Business
5 Tree Ordinance Revision (Chapter 13.30)
Superintendent T. Beck provided the commission with a presentation on the existing tree ordinance; Planner S. Neuse presented on the objective standards recently adopted; change in state law in how cities can regulate housing development, does not affect commercial development.

Commissioners asked questions concerning elements of the proposed revisions.

Attorney S. Hall counseled on legal terms and definitions.

Urban Forester L. Keedy spoke to the public process of reviewing plans.

Planner S. Neuse spoke to the proposed review standards evaluation of comparable cities and agencies.

Vice Chair K. Glavis opened the item for public comment at 5:27 PM.

The following members of the public spoke:

None.

Commissioners commented on the process for reviewing the draft ordinance and made recommendations for future receipt.

MOTION: Commissioner G. Greensite, seconded by Commissioner J. Mio, moved to 1) bring the proposed ordinance (SCMC 13.30) back to the commission with suggested changes and concerns incorporated, and 2) to allow for further discussion and refinement at the next public meeting.

ACTION: The motion was carried by the following vote:

21.1117
AYES: Greensite, Locatelli, Mio, and Pollock;
Vice-Chair Glavis.

NOES: None.

ABSENT: Brown.

ABSTAIN: None.

Information Items
6 Summer 2022 - Beach Area Plan
Commissioners received a written submission of the department's beach area plan for summer 2022.

Commissioners commented on the prior arrangement with the Seaside Company handling refuse on Main Beach.

Director T. Elliot provided clarity to waste management along Main Beach; evaluating hiring additional staff to assist with waste at the beach; 7 Adopt-a-Park Annual Report (FY 2022)
Commission received a written submission and summary of park adoptions for fiscal year 2022.

Subcommittee Oral Reports – There were no items.

Adjournment – 6:02 PM

21.1118
PR Commission

AGENDA REPORT
DATE: 06/06/2022
AGENDA OF: 06/13/2022
DEPARTMENT: Parks and Recreation
SUBJECT: Tree Ordinance Revisions.

RECOMMENDATION: Discuss and recommend approval to City Council, proposed changes proposed Chapter 13.30 (Trees) of the Santa Cruz Municipal Code.

BACKGROUND: On April 11, 2022 the Parks and Recreation Commission met to consider changes proposed to Chapter 13.30 (“Trees”) of the Santa Cruz Municipal Code. The commission voted that the proposed ordinance be brought back to the commission with suggested changes and concerns incorporated from the commission to allow for further discussion and refinement.

Background and discussion of the proposed revisions is included in the Tree Ordinance Revision Agenda Report from the April 11 meeting.

DISCUSSION: In response to the commission’s suggestions and concerns, staff are proposing changes to the Chapter 13.30 revisions considered at the last meeting. The full text of the amended ordinance can be found in the accompanying clean and redline versions. Proposed changes:

Reference to “Street Trees”
Throughout the ordinance, make clear that the regulations apply only to street trees, except for the sections addressing nuisance vegetation (Section 13.30.110 – Prohibited Vegetation – Nuisance) and trees impinging on the public right-of-way (portions of Section 13.30.060 – Property Owner Maintenance Responsibilities – Duties and Liabilities).

13.30.010 – Short Title
Change the title of the ordinance from “Tree Ordinance” to “Street Tree and Nuisance Vegetation Ordinance.” This change will more accurately reflect that the ordinance regulates street trees (i.e. trees in the public right-of-way) and nuisance vegetation (whether in the public right-of-way or not).

13.30.020 – Purpose
Amend the purpose statement to clarify that this ordinance complements and does not supersede the Heritage Tree Ordinance (Chapter 9.56).

13.30.080 – Approved Street Tree List

21.1119
Require that changes to the Approved Street Tree List be presented to the Parks and Recreation Commission for discussion and to allow them to make a final recommendation to the Director.

This will provide the requested opportunity for commission and public discussion of the list prior to amendment without bringing the matter before Council.

13.30.100 – Permits Required
Add language to section 13.30.100(b)(2) to create the option of requiring payment of an in lieu fee in circumstances in which planting of a replacement for a removed tree is not feasible in the Director’s sole discretion. This fee, which would be new for trees that are not heritage trees, would help fund street tree planting efforts throughout the City. It would, however, add to property owners’ costs for maintaining trees in the public right-of-way.

Add language to section 13.30.100(d) to clarify that the permit requirements proposed by this section do not apply to tree planting or removal associated with development projects reviewed by another city advisory body or city department that will have a public hearing outside of the process spelled out in this ordinance Chapter 13.30.

13.30.110 – Prohibited Vegetation – Nuisance
Removed the phrase “public convenience.” Retained “welfare” as “public health, safety, or welfare” is a common legal phrase. For example, the California Public Resources Code, section 5780.5 states that the chapter on Recreation and Park Districts “is necessary for the public health, safety, and welfare.”
ENVIRONMENTAL REVIEW:

As part of the previously proposed revisions, the proposed Tree Ordinance amendments implement the goals and policies of the City’s 2030 General Plan. The General Plan Environmental Impact Report (EIR) reviewed the proposed tree protection policies and found that the implementation of these policies reduced potential environmental impacts of future development to a less than significant level. CEQA allows the City to take actions that it has previously reviewed and approved unless substantial changes have occurred or new information is available that would require preparation of a new EIR (Public Resources Code section 21166).

Specifically, the proposed tree ordinance amendments incorporate street tree best management practices to enhance a sustainable urban forest. The proposed amendments specify objective standards for street tree container size when planting new street trees that is consistent with baseline conditions in the City’s approved 2030 General Plan EIR. The proposed amendments specifically implement 2030 General Plan goals and policies as follows:

Goal NRC5 [develop] An enhanced and sustainable urban forest • NRC5.1 Protect and manage tree resources in the urban environment… o NRC5.1.1 Continue and enhance educational programs and opportunities to promote the Urban Forest.
o NRC5.1.2 Maintain and add to the city’s urban tree canopy and increase tree diversity within urbanized areas using native and non-invasive tree species. • NRC5.2 Increase the percent of tree canopy by promoting street tree planting. o NRC5.2.1 Provide and maintain a list for the public identifying species appropriate for street trees.

21.1120
Further, any remaining proposed amendments to the tree ordinance not previously studied and approved under the City’s General Plan are categorically exempt from further environmental review under California Code of Regulations, title 14, sections 15307 and 15308, because the ordinance is a regulatory action that protects natural resources and the environment by enhancing the urban forest by supporting and expanding the City’s street tree program. Finally, the proposed amendments are also exempt from environmental review under section 15061(b)(3), otherwise known as the “common sense exemption”, because it can be seen with certainty that the action will not have a significant effect on the environment.

FISCAL IMPACT: These revisions will lead to no additional City expenditures. They may improve the ability of the City to recover costs for tree damage, code violations, and street tree replacement.

Prepared By:

Leslie Keedy
Urban Forester
Submitted By:

Travis Beck
Superintendent of Parks
Approved By:

Tony Elliot
Director of Parks &
Recreation
ATTACHMENTS:

1. STREET TREE STANDARDS SECTION 24.12.186.DOCX

21.1121
Summary of Proposed Revisions to Chapter 13.30 – Trees

13.30.020 Purpose
Clarify the scope of the ordinance and refer
readers to the Heritage Tree Ordinance
(Chapter 9.56).

13.30.030 Definitions
Add additional definitions to improve clarity
and be consistent with other sections of the
Municipal Code.

13.30.040 Parks and Recreation Director –
Powers and duties
Update the name of the Approved Street
Tree List. Clarify the scope of the Director’s
duties relating to street tree maintenance.

Require that work be done in conformance
with industry standards, as recommended
in the Street Tree Master Plan, and with
City policies.

13.30.067 House moving
Move Section 220 from existing ordinance
to this location to be near previous section
on damaging street trees.

21.1122
Add objective standards for planting street
trees that can be used by the City in review
of development proposals as outlined in
Chapter 24.12 (“Land use permits and
findings”) and citywide. These standards
require street trees planted to be of a
minimum size and quality, to be selected
from the Approved Street Tree List, to
conform to City policies, and to avoid
conflicts with utility infrastructure.