Agenda packet — Santa Cruz City Council, October 25, 2022 (part 2 of 2)

11.99 City Council

AGENDA REPORT
DATE: 10/13/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Water
SUBJECT: Approval of Plans and Specifications for the Rodriguez Street Water Main Relocation Project and Ratify Construction Contract with Anderson Pacific Engineering – Budget Adjustment (WT)
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the Rodriguez Street Water Main Relocation Project (c700003); and
2) Ratify the Construction Contract for the Rodriguez Street Water Main Relocation Project with Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) in the amount of $224,026 and authorize the Water Director to execute change orders within the approved project budget; and
3) Adopt a resolution amending the FY 2023 budget to transfer $225,000 within the Water Department's Capital Investment Program (CIP) from project c701507, Main Replacements - Distribution Section, to project c700003, Main Replacements - Outside Agency.

BACKGROUND: The Santa Cruz County Sanitation District (District) has contracted through a competitive bidding process with Anderson Pacific Engineering Construction, Inc. (APEC), to replace a ~200-foot section of 6” sewer line on Rodriguez Street. On August 16, 2022, the Water Department was notified by the District that APEC had identified an 8-inch water main owned by the Water Department, located directly above the sewer main. Due to this condition, the District and APEC were unable to proceed with the replacement of the 6-inch sewer in this section until the water main was relocated.

With input from the City Attorney’s Office and Water Department staff, it was found that the existing sewer alignment pre-dated the water main installation, and therefore the Water Department was responsible to relocate the existing water main or to fund its relocation.

On August 25, 2022, the City responded to the District and agreed to contract directly with APEC to relocate the water main, coordinate construction with the District, and proceed with the work immediately to avoid potential construction-related delays and claims. Contracting directly with APEC is the most efficient way to address this issue.

12.1 DISCUSSION: The Rodriguez Street Water Main Relocation Project includes installation of approximately 300’ of 8-inch diameter pipe between Spencer Court and Los Esteros Court and includes multiple residential services, two fire hydrants and the Terra Pacifica Charter School, and the abandonment of the existing infrastructure.

The City has negotiated with the District and APEC to complete the project at an estimated total cost of $224,026, including a 10 percent (10%) contingency. The District has agreed to pay for construction inspections and paving.

FISCAL IMPACT: Funds are available in the Water Department Capital Investment Program FY 2023 budget, project c701507 for Main Replacement - Distribution, and will be transferred to project c700003 for Main Replacements - Outside Agency.

Prepared By:

Taylor Kihoi
Associate Professional
Engineer
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. CONSTRUCTION CONTRACT.PDF

12.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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$02817
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Clear Form
2023
09/29/2022
Transfer $225K within the Water Dept CIP for the Rodriguez St Water Main Relocation. 0 711-70-97-7151-57302 c701507-100-2020-0 Water systems -225,000 711-70-91-7151-57302 c700003-100-2020-0 Water systems 225,000 0 0
Digitally signed by Malissa Kaping
DN: cn=Malissa Kaping, o=City of
Santa Cruz, ou=Water
Department,
[email protected]
om, c=US
Date: 2022.09.29 09:48:42 -07'00'
Rosemar
y Menard
Digitally signed by Rosemary Menard
DN: cn=Rosemary Menard, o=Santa Cruz Water
Department, ou=Water Director,
[email protected], c=US
Date: 2022.09.29 10:06:44 -07'00'
Michael
Manno
Digitally signed by Michael Manno
DN: cn=Michael Manno, o=City of
Santa Cruz, ou=Finance,
[email protected]
m, c=US
Date: 2022.10.13 16:09:45 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.10.17 14:43:35 -07'00'

12.3 12.4

12.5 12.6

12.7 12.8

12.9 12.10

12.11 12.12

12.13 12.14

12.15 12.16

12.17 12.18

12.19 12.20

12.21 12.22

12.23 ANDERSON PACIFIC
Engineering Construction, Inc.

Certification by Secretary
Of Corporate Resolution
At the meeting of the Directors of Anderson Pacific Engineering Construction, lnc., a corporation organized (Legal Company Name)
and existing under the laws of the State of California duly called and held in (State of lncorporation)
accordance with the articles of incorporation and bylaws of the corporation at its office on December 16, 2021 at (Date of Meeting)
which a quorum of the directors was present the following resolution was adopted to wit:

Resolved, that ---~K=e~v~in~J.~A~n~d=e~r~so~n~----- and/or (Name and Title)
Sean McBumey is/are hereby authorized to sign
(Narne and Title)
contracts/agreements in the name of and on behalf of Anderson Pacific Engineering Construction, lnc. (Legal Company Name).
l, --'-'A=n=n=e_,_P_,_. """An=d=er=s=o=n _______ __, Secretary of Anderson Pacific Engineering (Name) (Legal Company Name)
Construction, Inc. , do hereby certify that I am the Secretary of said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at meeting held on =D~e~ce=m=b~e~r~l~7~, 2~0=2~1 ___ and that said resolution has not been revoked or rescinded. (Date of Meeting)
In witness whereof, l have hereunto subscribed my name and affixed the seal of said corporation. (Date) Secretary
J). A\ ,J'lJJ ~
(Seal)
1370 Norman Avenue
Santa Clara, CA 95054
Fax: 408/970-9975
Bid Fax: 408/213-0532
Tel: 408/970-9900
Lie. No. 245215

12.24 12.25

12.26 12.27

12.28 12.29

12.30 Rodriguez Street Water Main Relocation
Angela Schellenberg, Project/Safety Manager
Anderson Pacific Engineering Construction, Inc.
10/4/22
1370 Norman Avenue, Santa Clara, CA 95054

12.31 12.32

12.33 12.34

12.35 City Council

AGENDA REPORT
DATE: 10/13/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Water
SUBJECT: Dudek Master Service Agreement for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment (WT) RECOMMENDATION: Motion authorizing the City Manager to execute with Dudek (Santa Cruz, CA) the Master Service Agreement, in a form to be approved by the City Attorney, for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment, authorizing a revised fee schedule and extending the term of the contract, and to authorize the Water Director to execute future Master Service Agreement renewals and amendments per the agreement.

BACKGROUND: After a formally advertised Request for Qualifications with the intent to award a Master Services Agreement (MSA) for California Environmental Quality Act Compliance (CEQA) and environmental permitting for public water works infrastructure projects, City Council authorized the City Manager to execute with Dudek of Santa Cruz the MSA for CEQA and Environmental Permitting in September 2019. The intent of the MSA was to improve productivity by reducing the time spent on negotiating multiple contract terms and conditions for similar work and by establishing a relationship with the consultant leading to more efficient delivery of work. The MSA was fully executed in October 2019.

Under the MSA, Water Department staff has been able to efficiently initiate and carry out environmental review across a range of projects with similar environmental issues and permitting needs. The contract has been or is being utilized for six major projects to date: Laguna Creek Diversion Retrofit, Newell Creek Pipeline, University Tank 4, Intertie 1: Santa Cruz and Scotts Valley, Graham Hill Water Treatment Plant Facility Improvements Project, and Anadromous Salmonid Habitat Conservation Plan. Staff furthermore has been working with Dudek across projects to make process and quality improvements that benefit the environmental review process and has seen benefits and time-saving efficiencies from Dudek’s experience doing similar work across this suite of projects. All of this is consistent with expectations when the MSA was developed.

The MSA includes a term of contract and agreement renewal to adjust the fee schedule annually after the first year, and, at the option of the City, to renew the agreement annually after three years. No fee schedule adjustments have been made since contract execution.

13.1 DISCUSSION: Upon review of Dudek’s work and evaluation of the MSA after three years, Water Department staff proposes to renew the MSA for an additional three-year term and to include a revised fee schedule that would be applicable to new projects initiated under the MSA.

Renewal of the MSA will allow for continuation of ongoing work on several projects and initiation of new work as it arises. The next project anticipated to be initiated under the MSA is for National Environmental Policy Act compliance for the Aquifer Storage Recovery component of the Water Department’s project under consideration for a Water Infrastructure Finance and Innovation Act loan agreement. This upcoming work is expected to be approved by the Water Department as the total cost would be under the $100,000 threshold requiring approval by City Council and the work would be funded under an existing budget.

The revised fee schedule is consistent with or lower than increases in the Consumer Price Index for our area since the execution of the MSA. To maintain consistency with existing project budgets, the existing fee schedule would remain applicable to all ongoing work, with the new fee schedule applied to new projects only.

FISCAL IMPACT: None.

Prepared By:

Sarah Easley Perez
Principal Planner
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DUDEK MASTER SERVICE AGREEMENT FIRST AMENDMENT.PDF

13.2 City of Santa Cruz FIRST AMENDMENT to Master Service Agreement for

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE

AND ENVIRONMENTAL PERMITTING
October 2022 Page 1

FIRST AMENDMENT TO MASTER SERVICE AGREEMENT FOR

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE

AND ENVIRONMENTAL PERMITTING
THIS FIRST AMENDMENT, dated ___________, (“First Amendment”) TO THE MASTER SERVICE AGREEMENT dated October 24, 2019, is made by and between the City of Santa Cruz (“City”) and DUDEK, a CORPORATION (“Consultant”).

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Master Service Agreement (“MSA”) dated October 24, 2019, which is incorporated by this reference, and WHEREAS, City and Consultant desire to amend the MSA to authorize a revised fee schedule and extend the term of contract and agreement renewal as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the MSA is hereby amended as follows:

A. Exhibit B: Fee Schedule of the MSA is hereby amended as follows:

The fee schedule presented in the attached one page “DUDEK 2022 Schedule of Charges for the City of Santa Cruz Water Department” is inserted in the MSA as Exhibit B-First Amendment.

Projects initiated under this MSA prior to execution of this First Amendment shall continue to utilize the 2019 fee schedule in Exhibit B. Projects initiated under this MSA after execution of this First Amendment shall utilize the 2022 fee schedule in Exhibit B-First Amendment.

B. Section 6: Term of Contract and Agreement Renewal of the MSA is here by amended to read as follows:

The term of the agreement will commence the effective date and continue for a period of three years, plus any renewals agreed to by the parties. This First Amendment renews the term of this agreement for a period of three years from the execution of this First Amendment. At the option of the City, this agreement may be renewed again after three years from the execution of this First Amendment under the same contractual terms and conditions.

13.3 City of Santa Cruz FIRST AMENDMENT to Master Service Agreement for

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE

AND ENVIRONMENTAL PERMITTING
October 2022 Page 2
The Fee Schedule will remain firm for the three years from the execution of the First Amendment. A Fee Schedule update may be considered after three years, on the anniversary date of the agreement, as a result of:
• Increase in Government or regulatory agency taxes, charges, or fees specific to the Consultant’s trade; or
• Increase in the previous 36 month Consumer Price Index (all items, not seasonally adjusted, for all urban consumers) for San Francisco-Oakland-San Jose.

Any request for Fee Schedule increases exceeding the above, must be requested in writing and substantiated with documentation justifying the increase. The City will be the sole judge of acceptable Fee Schedule increases and the City can cancel the agreement if a requested Fee Schedule increase is not acceptable.

Notwithstanding these amended terms of the original Agreement by this First Amendment, all other terms and conditions of the original Master Services Agreement shall remain in full force and effect.

Each party acknowledges that it has reviewed this First Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this First Amendment.

The parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this First Amendment effective as of the date shown above.
[SIGNATURES ON FOLLOWING PAGE]

13.4 City of Santa Cruz FIRST AMENDMENT to Master Service Agreement for

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE

AND ENVIRONMENTAL PERMITTING
October 2022 Page 3

Approved As To Form:

By: _____________________________ Date: _________________ City Attorney
DUDEK
By: _____________________________ Date: _________________ Printed: __________________________ Title: ________________________ Technical Review:

By: _____________________________ Date: _________________ Heidi Luckenbach, P.E.

Deputy Water Director/Engineering Manager

WATER DEPARTMENT
By: _____________________________ Date: __________________ Rosemary Menard, Water Director

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager

13.5 DUDEK 2022 Schedule of Charges for City of Santa Cruz Water Department EFFECTIVE OCTOBER 1, 2022
Engineering Services
Project Director ...................................................................... $315.00/hr Principal Engineer lll .............................................................. $285.00/hr Principal Engineer II ............................................................... $275.00/hr Principal Engineer I ................................................................ $265.00/hr Program Manager .................................................................. $255.00/hr Senior Project Manager ......................................................... $255.00/hr Project Manager ..................................................................... $245.00/hr Senior Engineer III .................................................................. $240.00/hr Senior Engineer II .................................................................. $230.00/hr Senior Engineer I ................................................................... $220.00/hr Project Engineer IV/Technician IV ......................................... $210.00/hr Project Engineer llI/Technician III .......................................... $200.00/hr Project Engineer lI/Technician II............................................ $185.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senior Designer II ................................................................... $190.00/hr Senior Designer I .................................................................... $185.00/hr Designer ................................................................................. $175.00/hr Assistant Designer ................................................................. $170.00/hr CADD Operator III ................................................................... $165.00/hr CADD Operator II .................................................................... $155.00/hr CADD Operator I ..................................................................... $140.00/hr CADD Drafter .......................................................................... $125.00/hr CADD Technician .................................................................... $115.00/hr Project Coordinator ................................................................ $130.00/hr Engineering Assistant ............................................................ $120.00/hr Environmental Services
Project Director................................................................................. $265.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III .......................................................................... $225.00/hr Senior Specialist II ........................................................................... $210.00/hr Senior Specialist I ............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III ...................................................................................... $165.00/hr Specialist II ....................................................................................... $155.00/hr Specialist I ........................................................................................ $145.00/hr Analyst V ........................................................................................... $135.00/hr Analyst IV .......................................................................................... $120.00/hr Analyst III........................................................................................... $110.00/hr Analyst II............................................................................................ $100.00/hr Analyst I................................................................................................ $90.00/hr Technician III ....................................................................................... $75.00/hr Technician II ........................................................................................ $65.00/hr Technician I ..........................................................................................$55.00/hr Mapping and Surveying Services
Application Developer II .................................................................. $195.00/hr Application Developer I ................................................................... $155.00/hr GIS Analyst V .................................................................................... $205.00/hr GIS Analyst IV ................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr UAS Pilot ........................................................................................... $115.00/hr Survey Lead ..................................................................................... $185.00/hr Survey Manager .............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services
Principal/Manager ................................................................. $195.00/hr Senior Construction Manager ............................................... $185.00/hr Senior Project Manager ......................................................... $175.00/hr Construction Manager ........................................................... $160.00/hr Project Manager ..................................................................... $150.00/hr Resident Engineer ....................................................... …….….$150.00/hr Construction Engineer............................................................ $150.00/hr On-site Owner’s Representative ............................................ $140.00/hr Prevailing Wage Inspector ..................................................... $139.00/hr Construction Inspector ........................................................... $135.00/hr Administrator/Labor Compliance .......................................... $100.00/hr Hydrogeology/HazWaste Services
Project Director ...................................................................... $315.00/hr Principal Hydrogeologist/Engineer II ..................................... $285.00/hr Principal Hydrogeologist/Engineer I ...................................... $265.00/hr Senior Hydrogeologist V/Engineer V .................................... $250.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $240.00/hr Senior Hydrogeologist III/Engineer III .................................... $230.00/hr Senior Hydrogeologist II/Engineer II ...................................... $220.00/hr Senior Hydrogeologist I/Engineer I ....................................... $210.00/hr Project Hydrogeologist V/Engineer V .................................... $180.00/hr Project Hydrogeologist IV/Engineer IV .................................. $165.00/hr Project Hydrogeologist III/Engineer III ................................... $155.00/hr Project Hydrogeologist II/Engineer II ..................................... $145.00/hr Project Hydrogeologist I/Engineer I ....................................... $135.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations
District General Manager....................................................... $210.00/hr District Engineer ..................................................................... $205.00/hr Operations Manager ............................................................. $160.00/hr District Secretary/Accountant .............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator ................................................................... $125.00/hr Grade IV Operator .................................................................. $110.00/hr Grade III Operator .................................................................. $100.00/hr Grade II Operator ..................................................................... $80.00/hr Grade I Operator ...................................................................... $75.00/hr Operator in Training ................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services
Creative Services IV ............................................................... $165.00/hr Creative Services III ............................................................... $150.00/hr Creative Services II ................................................................ $135.00/hr Creative Services I ................................................................. $120.00/hr Publications Services
Technical Editor lV ................................................................. $165.00/hr Technical Editor lll .................................................................. $150.00/hr Technical Editor ll ................................................................... $135.00/hr Technical Editor l .................................................................... $120.00/hr Publications Specialist lV ....................................................... $120.00/hr Publications Specialist lll ....................................................... $110.00/hr Publications Specialist ll ........................................................ $100.00/hr Publications Specialist l ........................................................... $90.00/hr Clerical Administration ............................................................. $90.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.

Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.

Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.

Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full.

Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U for the Los Angeles area per the Department of Labor Statistics (or the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.

The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.

13.6 City Council

AGENDA REPORT
DATE: 10/12/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Planning
SUBJECT: Tri-Annual, 2022 Building Standards Code Adoption, Consistent with the State Building Standards Commission and the International Code Council Tri-Chapter Uniform Code Committee Amendments through Introduction of an Ordinance Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL)
RECOMMENDATION: Introduce for publication an ordinance amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12 including referenced appendices, amendments and modifications.

BACKGROUND: Generally, every three years, the building, plumbing, mechanical, electrical and other building standards are updated by the model code agencies to include the most current construction and engineering principles and practices. These model codes are then reviewed by the various State agencies that have an interest in health, life and safety relative to building construction. Under the purview of the Building Standards Commission, these State agencies modify the codes as they deem necessary then publish the newly revised Building Standards Code for required local adoption. Jurisdictions have 180 days from publication to review, amend and adopt the mandated building standards codes. This process is to assure that the latest construction, engineering and life safety techniques become standard practice throughout the State.

The mandatory effective date of the 2022 Building Standards is January 1, 2023. In an effort to preserve the intent of our local standards, a staff review process takes place with recommendation for amendment to the municipal code, allowing for a level of consistency as the mandated codes are folded into our municipal code. With the Building Standards Codes comprising thousands of pages, they are not included in this packet. However, they can be referenced online at https://www.dgs.ca.gov/BSC/Codes.

DISCUSSION: In the time allotted, staff has reviewed the California Code of Regulations, Title 24, 2022 Building Standards Code. This review, along with some training on code updates and collaboration with colleagues, revealed that relatively few changes are needed to our local ordinances. Therefore, only certain chapters of the municipal code are proposed for amendment

14.1 in an effort to recognize the adoption of the State Building Standards Code and other codes and standards used by the City of Santa Cruz to promote health, life and safety as it relates to building construction. No changes to fees are required or recommended by this amendment.

Other than the adoption of the State mandated codes, the changes to Title 18 of the municipal code reflect the clean-up of language, grammar, and code revisions needed to maintain our current provisions as these new codes are incorporated. These include the continuance of enhanced earthquake construction requirements prohibiting the use of specific wall bracing materials and methods in both the California Building and Residential Codes, as demonstrated in the attachments. Also included are provisions modifying concrete special inspection requirements. These structural amendments are in general conformance with the International Code Council Tri-Chapter Uniform Code Committee (TUCC) amendments, are justified by local geologic conditions pertaining to earthquake potential, and are intended to enhance regional consistency in the application and enforcement of the California State Building Code. See the attached Justification for Modification documents (TUCC Structural Amendment 1, 2 & 3) for additional information.

Other changes include the change of the alphabetized appendices from the California Residential Code (CRC) and California Building Code (CBC). These appendices, which are not considered part of the code unless adopted by the local jurisdiction, include:

CBC Appendix O revised to P – Emergency Housing, No changes from previous version.

CRC Appendix V revised to AX – Swimming Pool Safety Act. Removed definition of swimming pool which is still contained within SCMC Title 18.32 and inclusion of Health and Safety Code (HS Code) Sections 115920 through 115929.

Overall, this ordinance provides for adoption of the mandatory State codes, while maintaining consistency with the intent of our local standards. A strikeout/underline version is included as an attachment, with the sections of the nine chapters of the Santa Cruz Municipal Code, Title 18, where amendments are proposed.

FISCAL IMPACT: No direct fiscal impacts result from the adoption of the subject ordinance.

The cost of code books and public references along with staff training has been incorporated into the FY 2023 approved budget. Training for the construction and design community is being provided by the California Building Officials, the Building Standards Commission, and the Local Chapters of Building Officials at no additional cost to the City.

Prepared By:

John McLucas
P.E., S.E., Senior Plans
Examiner
John Gervasoni
Chief Building Official
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN.DOCX

2. ORDINANCE - TRACK CHANGES.DOCX

3. JUSTIFICATION FOR CODE MODIFICATIONS - TUCC STRUCTURAL 1.PDF

4. JUSTIFICATION FOR CODE MODIFICATIONS - TUCC STRUCTURAL 2.PDF

5. JUSTIFICATION FOR CODE MODIFICATIONS - TUCC STRUCTURAL 3.PDF

14.2 ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING TITLE 18 OF THE SANTA CRUZ MUNICIPAL CODE, ADOPTING CALIFORNIA CODE OF REGULATIONS TITLE 24 BUILDING STANDARDS CODES
WHEREAS, the City of Santa Cruz (“City”) proposes to adopt and incorporate by reference the 2022 edition of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12 including referenced appendices (“Building Standards Code”), amendments and modifications; and WHEREAS, the City proposes to make certain changes in the requirements of the 2022 Building Standards Code, which will make certain parts the City’s Building Standards Code more restrictive than state law; and
WHEREAS, the City Council finds that in order to best protect the health, safety, sustainability and welfare of the residents of the City of Santa Cruz, the administrative regulations adopted herein and hereinafter referred to as the “administrative provisions” and the building standards for building construction, hereinafter referred to as the “technical codes,” and also known as the 2022 Edition of the California Building Standards Code and the California Code of Regulations, Title 24, including Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12, shall be adopted as provided herein; and
WHEREAS, based on the materials presented by and the recommendations of the city’s building official, the city council finds that it is necessary to make procedural and administrative modifications and changes to the California Building Standards Code and to adopt certain appendices to the California Building Standards Code as specifically adopted in this ordinance, to provide more efficient, economical and expeditious enforcement of the building standards of the City of Santa Cruz; and
WHEREAS, the City Council further finds and determines that pursuant to Health and Safety Code Sections 13143.5,17958, 17958.5, 17958.7 and 18941.5 the substantive amendments to California Building Standards Code, which are adopted by this chapter, are reasonable and necessary because of local climatic, geographical, or topographical conditions and do not lessen, diminish, or change the standards set forth within the California Building Standards Code except as authorized by law; and
WHEREAS, this code is adopted pursuant to the authority granted by Section 7 of Article XI of the California Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws.

It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference; and

14.3 ORDINANCE NO. 2022-18
2 WHEREAS, pursuant to Health and Safety Code Section 18909(c), certain “administrative provisions” adopted by this chapter are procedural and administrative in nature and are not ubject to the requirements of findings pursuant to Sections 17958.5, 17958.7 and 18941.5; and WHEREAS, the City Council hereby finds that the City's topography and terrain contain areas which are very susceptible to wildland fires, having a local climate characterized by hot, dry summers with periodic high winds which are a predominate factor in the spread of fire by burning embers that are carried by the wind to adjacent exposed areas. This is further compounded by agricultural and recreational use of lands contained within the City, as well as the open space, brush and hills that are part of and immediately adjacent to the City. These topographic and climatic conditions impact the City’s built environment, operations, public services and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, earthquake activity represents significant potential hazards which could result in road closures, loss of housing, fires, injuries, collapsed buildings, and isolation of persons requiring assistance. Additionally, soil conditions within the City are such that liquefaction may occur during seismic activity, creating the potential for structure collapse or mudslides. There are only a limited number of thoroughfares through the City, and during periods of traffic congestion resulting from roadway obstructions, emergency services response times are increased. The City is comprised of a relatively large number of historically significant buildings which contain archaic materials and designs which present unique safety, remodeling and upgrading problems due to their age and proximity to earthquake faults; and
WHEREAS, the proximity to major earthquake faults represents a geologic hazard that could significantly impact the public and City’s occupants, City operations, public services, infrastructure, its housing, emergency services and its economic well-being in such a way that the potential hazards should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, due to the elevation of the City in relation to sea level and periodic storms resulting in significant rainfall, flooding during the rainy season often restricts traffic, has a detrimental effect on structures, housing and their occupants and can impair emergency services’ ability to respond to life threatening emergencies. These geologic and climatic conditions impact the public and the City’s operations and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and WHEREAS, other than the adoption of the State mandated codes, the changes to Title 18 adopted by this ordinance reflect the clean-up of language, grammar, and code revisions needed to maintain current provisions as these new codes are incorporated.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
(NOTE: Those sections of Title 18 not included in this exhibit remain in force unchanged.)

14.4 ORDINANCE NO. 2022-18
3 Section 1. Chapter 18.04 “Building Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.04.030 “Adoption of Codes” to read as follows:

18.04.030 ADOPTION OF CODES.

Subject to the modifications and deletions set forth in Section 18.04.040 and by the State of California Building Standards Commission, the following documents are hereby adopted as part of the Building Code of the city of Santa Cruz:

California Code of Regulations Title 24 (hereafter CCR T 24), Part 1, The 2022 California Administrative Code;
CCR T 24, Part 2, Volumes 1 and 2, The 2022 California Building Code, including Appendices H, I, and P except as modified herein (hereafter CBC);
CCR T 24, Part 2.5, The 2022 California Residential Code, including Appendices AH, AK, AQ, and AX, except as modified herein (hereafter CRC);
CCR T 24, Part 6, The 2022 California Energy Code, except as modified herein (hereafter CEnC);
CCR T 24, Part 10, The 2022 California Existing Building Code, except as modified herein (hereafter CEBC);
CCR T 24, Part 11, The 2022 California Green Building Standards Code, except as modified herein (refer to Chapter 24.15, Green Building Regulations); CCR T 24, Part 12, The 2022 California Referenced Standards Code; The Uniform Administrative Code, 1997 Edition, for the purpose of maintaining and administering the existing fee structure, except as modified herein (hereafter UAC); The Uniform Housing Code, 1997 Edition, except as modified herein (hereafter UHC); The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as modified herein (hereafter UCADB);
One copy of each of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 2. Chapter 18.04 “Building Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.04.040 “Building Code – Deletions and Modifications” to read as follows:

14.5 ORDINANCE NO. 2022-18
4 18.04.040 BUILDING CODE – DELETIONS AND MODIFICATIONS.

The following sections of the codes as adopted in Section 18.04.030 are hereby modified as follows:

Add sentence to CBC Sections 1.8.8.1 and 1.11.2.5, and CRC Sections 1.8.8.1 and R112.1:

Refer to Santa Cruz Municipal Code (hereafter SCMC) Chapter 18.41, board of building and fire appeals.

Add sentence to CBC Section 1804 after the section heading:

Refer to SCMC Chapter 18.45, excavation and grading regulations.

Add sentence to CRC Section R313:

Refer to SCMC Title 19, Fire Prevention Code.

Add sentence to CBC Sections 2211.1.1.2, and 2305.1 to read as follows:

Gypsum board sheathing shall not be permitted to resist horizontal forces in shear walls.

Modify CBC 1705.3 Exception 1 to read as follows:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pound per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.

Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:
1) The title of Table 2308.6.1 is amended to read:

TABLE 2308.6.1a, f, g
2) Footnotes “f” and “g” are added to TABLE 2308.6.1, to read:
f. Methods PBS, HPS and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:

14.6 ORDINANCE NO. 2022-18
5 1) The title of Table R602.10.3(3) is amended to read:

CRC Table R602.10.3(3)i, j
2) Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

CBC Section 406.3.2.1 is hereby amended to insert a sentence after the second sentence of the paragraph to read as follows:

Gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

Modify the third sentence of CRC Section R302.6 to read:

Attachment of gypsum board shall comply with Table R702.3.5; gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

CRC Section R302.5.1: delete exception.

CBC Section 1505 is hereby amended to add Section 1505.0 as follows:
1505.0 Class “C” wood, and non-rated wood roofs prohibited. No Class “C” wood, or nonrated wood roof covering shall be installed on any new or existing building or structure.

Any reference, table, footnote, or exception allowing Class “C” wood, or “N", or nonclassified wood roofing in this code is hereby amended to read as Class “B”. Any qualified historical building or structure as defined in Health and Safety Code Section 18955 may utilize alternative roof classifications as provided by the State Historical Building Code.

Where Title 19 of the SCMC and/or State standards identify conflicting Wildland/Urban Interface requirements in this jurisdiction, the most restrictive shall apply.

Add CRC Section R902.0:

Refer to city amended CBC Section 1505 for local requirements.

CBC Section 1512 is hereby amended to add Section 1512.0, as follows:
1512.0 Overlay on Existing Wood Roofs or Asphalt Shingle Roofs. Re-roofing over Class “C” wood or non-rated wood shakes and wood shingles is prohibited. When a roof has one

14.7 ORDINANCE NO. 2022-18
6 or more layers of roof covering, any layer of which is wood shake or wood shingle, all built-up roof covering shall be completely removed before applying a new roof covering without exception (unless specifically provided for in SCMC Title 18).

CBC Section 1512.1 is hereby amended to add Exception 3, as follows:

3. Minor Work on Existing Wood Roofs. The requirements of Section 1511 shall not apply when an existing building or structure with a wood roof covering is subject to roof installation, addition, repair, alteration or replacement of less than 25% of the existing building or structure's wood roof-covering area, accumulated over the life of the building, commencing on or after the official date of this ordinance. In such circumstances, wood roof coverings with a CSFM listed rating may be used, provided the completed roof assembly complies with all other provisions of this code. For the purpose of this ordinance, 25% of the wood roof covering area shall be calculated from the area of wood roof covering existing on the effective date of this ordinance.

CBC Section 1405 is hereby amended to add to Section 1405.1 a second paragraph, as follows:
1405.1 Shingles or Shakes. A minimum Class “B” Listing by a manufacturer acceptable to the Fire Marshal or the Chief Building Official shall be required for all wood shingles or shakes, and other shingles or shakes that may be used for exterior wall covering referred to elsewhere in this code. No Class “C” wood and non-rated wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure.

Wood shingles shall meet the minimum thickness requirements of Table 1404.2.

CBC Section 1405 is hereby amended to add an additional exception to Section 1405.1 as to read as follows:

Exception: Existing Wood Exterior Repairs or Installations of less than 25%. The Class “B” requirements of this section shall not apply when an existing building or structure with wood shake or wood shingle exterior wall covering is subject to installation, addition, repair, alteration or replacement of less than 25% of the existing building or structure's wood shake or wood shingle exterior wall covering area accumulated over the life of the building commencing on or after the effective date of this ordinance. For the purposes of this code, 25% of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall shake or wood shingle covering existing on the effective date of this ordinance.

Add sentence to CRC Section R703.6:

Refer to city amended CBC Sections 1405 for requirements.

The UAC Chapter 1 and the CBC Chapter 1, Division II shall have the following inserted under their respective headings to read as follows:

14.8 ORDINANCE NO. 2022-18
7 The 1997 Uniform Administrative code (UAC) shall be used for the purpose of maintaining and administering the existing fee structure as established in the UAC or adopted by the City of Santa Cruz as authorized by the UAC. The California Building Code Chapter 1, Division II shall be used in its entirety, as applicable, for the administration of the building standards codes for all buildings, structures and equipment in the City of Santa Cruz, except as modified in SCMC Title 18.

CBC Section 105.1, insert second paragraph to read as follows:

Except as specified in Section 105.2, no building, structure or building service equipment regulated by this code and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the building official.

CBC Section 105.2 is hereby amended to add the following modification to exemption No. 1 and to add exemption No. 14:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11m2). Exempted structures shall not be placed within six feet of each other or any other permanent structure and shall comply with local zoning requirements for setbacks and maximum number of structures allowed.

14. Decks and platforms that meet all the following criteria:
a) Are not more than 200 square feet in area, and
b) are not more than thirty inches above the adjacent grade at any point within the area of the deck and 36 inches beyond the edge of the deck, and c) are not attached to a building or structure, and
d) do not serve as part of a required exit or means of egress, and e) are not located over a basement or story below.
(Decks serving common areas in multi-family residential construction and all commercial decks are not exempted by this section.)
CRC Section 105.2 Exemption 1 shall be modified as follows:

In Exemption 1, add a second paragraph stating: Exempted structures shall not be placed within six feet of each other or any other permanent structure and shall comply with local zoning requirements for setbacks and maximum number of structures allowed.

14.9 ORDINANCE NO. 2022-18
8 CBC Section 107.2.3 shall strike reference to R-2 and I-1 occupancies with the second sentence to read as follows:

In other than occupancies in Group R-3, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

CBC Section 110.1, insert second paragraph to read as follows:

A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

CBC Section 112, add Section 112.4 to read as follows:
112.4 Connection after Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

Add sentence to CBC Section 113.1:

Refer to SCMC 18.41, Board of Building and Fire Appeals.

CRC Table R301.2 shall be populated with the following criteria as established by the city of Santa Cruz, using criteria published in the CRC where applicable:

WIND DESIGN SUBJECT TO DAMAGE FROM GROUND
SNOW
LOAD
(PSF)
Ultimate
Speed
(mph)
Topographic
effects
Special
wind
region
Wind
borne
debris
zone

SEISMIC
DESIGN
CATEGORY Weathering Frost line
depth Termite
0 110 No No No D2 Negligible
12 inches
below undisturbed
soil
Very
Heavy

WINTER DESIGN
TEMP

ICE BARRIER
UNDERLAYMENT REQ’DFLOOD HAZARDS
AIR

FREEZING
INDEX
MEAN
ANNUAL
TEMP
40 F No
5/16/2012 FIRM 06087C:

Panels 214E, 218E, 219E, 238E,
327E, 331E, 332E, 351E;
9/29/17 FIRM 06087C:

Panels 329F, 333F, 334F, 353F
0 55 F
Replace Manual J Design Criteria Table with the following:

14.10 ORDINANCE NO. 2022-18
9 MANUAL J DESIGN CRITERIA
Elevation
Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Relative
Humidity
Indoor Winter
Design Dry-bulb
Temperature
Outdoor Winter
Design Dry-bulb
Temperature
Heating
Temperature
Difference ()
125 ft 1.00 61 50% 70 38 32
Latitude Daily Ranger
Summer Deign
Gains
Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-bulb
Temperature
Outdoor Summer
Design Dry-bulb
Temperature
Cooling
Temperature
Difference ()
37 H -1 @ 50% RH 50% 75 71 4
CBC Chapter 7A and CRC Section R337 shall have advisory text added under its heading, as follows: See SCMC 19.05.270 for additional requirements.

UHC Section 401, Nuisance, is hereby amended by adding item 9 to read:

9. Any residential property upon which a person or persons conducts activities, accumulates materials, or fails to maintain structures and grounds to a degree, which by common standards, is disruptive and/or damaging to general welfare, peace and sanctity of the surrounding neighborhood.

UHC Section 103 and UCADB Section 102.2 shall have the following paragraph added, to read as follows:

Where reference is made to any code or standard, the most relevant code(s) and/or standards(s) as currently adopted in SCMC Title 18 shall be used. Where conflict may occur between other provisions of the Santa Cruz Municipal Code and this Title 18, Title 18 shall govern.

Section 3. Chapter 18.08 “Electrical Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.08.030 to read as follows:

18.08.030 ADOPTION OF THE ELECTRICAL CODE.

The following documents are hereby adopted as part of the Electrical Code of the city of Santa Cruz:

CCR T 24, Part 3, The 2022 California Electrical Code, except as modified herein (hereafter CEC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

14.11 ORDINANCE NO. 2022-18
10 Section 4. Chapter 18.12 “Plumbing Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.12.030 to read as follows:

18.12.030 ADOPTION OF THE PLUMBING CODE.

The following documents are hereby adopted as part of the Plumbing Code of the city of Santa Cruz:

CCR T 24, Part 5, The 2022 California Plumbing Code, including Appendices A, B, D, H, I, and J, except as modified herein (hereafter CPC).

One copy of the above documents is and shall be maintained on file in the office of the building official for use and examination by the public.

Section 5. Chapter 18.14 “Mechanical Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.14.030 to read as follows:

18.14.030 ADOPTION OF THE MECHANICAL CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 4, The 2022 California Mechanical Code, including Appendices B and C, except as modified herein (hereafter CMC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 6. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.030 to read as follows:

18.40.030 ADOPTION OF HISTORICAL BUILDING CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 8, The 2022 California Historical Building Code (hereafter CHBC) is hereby adopted as part of the Historical Building Code of the city of Santa Cruz. One copy of the CHBC referred to above shall be maintained on file in the office of the building official, for use and examination by the public.

Section 7. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.050 to read as follows:

14.12 ORDINANCE NO. 2022-18
11 18.40.050 AMENDMENTS TO THE CHBC.

To the extent required by law, the CHBC adopted by the state of California and becoming effective after January 1, 2023, shall be effective in the city of Santa Cruz. To the extent authorized by law, the city of Santa Cruz shall have the authority to adopt ordinances pertaining to historical building which vary from the CHBC or impose requirements in addition to those imposed by the CHBC.

This ordinance shall be in force and take effect thirty (30) days after its final adoption but not prior to January 1, 2023.

PASSED FOR PUBLICATION this 25th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonya Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator

14.13 ORDINANCE NO. 2022-18
12 PASSED FOR FINAL ADOPTION this 15th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonya Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2019-18 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

14.14 ORDINANCE NO. 2022-__

It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference; and

14.15 ORDINANCE NO. 2022-__
2 WHEREAS, pursuant to Health and Safety Code Section 18909(c), certain “administrative provisions” adopted by this chapter are procedural and administrative in nature and are not ubject to the requirements of findings pursuant to Sections 17958.5, 17958.7 and 18941.5; and WHEREAS, the City Council hereby finds that the City's topography and terrain contain areas which are very susceptible to wildland fires, having a local climate characterized by hot, dry summers with periodic high winds which are a predominate factor in the spread of fire by burning embers that are carried by the wind to adjacent exposed areas. This is further compounded by agricultural and recreational use of lands contained within the City, as well as the open space, brush and hills that are part of and immediately adjacent to the City. These topographic and climatic conditions impact the City’s built environment, operations, public services and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, earthquake activity represents significant potential hazards which could result in road closures, loss of housing, fires, injuries, collapsed buildings, and isolation of persons requiring assistance. Additionally, soil conditions within the City are such that liquefaction may occur during seismic activity, creating the potential for structure collapse or mudslides. There are only a limited number of thoroughfares through the City, and during periods of traffic congestion resulting from roadway obstructions, emergency services response times are increased. The City is comprised of a relatively large number of historically significant buildings which contain archaic materials and designs which present unique safety, remodeling and upgrading problems due to their age and proximity to earthquake faults; and
WHEREAS, the proximity to major earthquake faults represents a geologic hazard that could significantly impact the public and City’s occupants, City operations, public services, infrastructure, its housing, emergency services and its economic well-being in such a way that the potential hazards should be mitigated through appropriate amendments to the construction codes where practical; and
WHEREAS, due to the elevation of the City in relation to sea level and periodic storms resulting in significant rainfall, flooding during the rainy season often restricts traffic, has a detrimental effect on structures, housing and their occupants and can impair emergency services’ ability to respond to life threatening emergencies. These geologic and climatic conditions impact the public and the City’s operations and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical; and WHEREAS, other than the adoption of the State mandated codes, the changes to Title 18 adopted by this ordinance reflect the clean-up of language, grammar, and code revisions needed to maintain current provisions as these new codes are incorporated.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
(NOTE: Those sections of Title 18 not included in this exhibit remain in force unchanged.)

14.16 ORDINANCE NO. 2022-__
3 Section 1. Chapter 18.04 “Building Code” of , Section 18 .04 .030 of the City of Santa Cruz Municipal Code of the City of Santa Cruz shall be amended at Section 18.04.030 “Adoption of Codes” to read as follows::

18.04.030 ADOPTION OF CODES.

California Code of Regulations Title 24 (hereafter CCR T 24), Part 1, The 2019 2022 California Administrative Code;
CCR T 24, Part 2, Volumes 1 and 2, The 2019 2022 California Building Code, including Appendices H, I, and O P except as modified herein (hereafter CBC); CCR T 24, Part 2.5, The 2019 2022 California Residential Code, including Appendices AH, AK, AQ, and V AX, except as modified herein (hereafter CRC); CCR T 24, Part 6, The 2019 2022 California Energy Code, except as modified herein (hereafter CEnC);
CCR T 24, Part 10, The 2019 2022 California Existing Building Code, except as modified herein (hereafter CEBC);
CCR T 24, Part 11, The 2019 2022 California Green Building Standards Code, except as modified herein (refer to Chapter 24.15, Green Building Regulations); CCR T 24, Part 12, The 2019 2022 California Referenced Standards Code; The Uniform Administrative Code, 1997 Edition, for the purpose of maintaining and administering the existing fee structure, except as modified herein (hereafter UAC); The Uniform Housing Code, 1997 Edition, except as modified herein (hereafter UHC); The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as modified herein (hereafter UCADB);
One copy of each of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 2. Chapter 18.04 “Building Code” of of the City of Santa Cruz Municipal Code shall be amended at Section 18.04.040 “Building Code – Deletions and Modifications” to read as follows:

14.17 ORDINANCE NO. 2022-__
4 18.04.040 BUILDING CODE – DELETIONS AND MODIFICATIONS.

The following sections of the codes as adopted in Section 18.04.030 are hereby modified as follows:

Add sentence to CBC Sections 1.8.8.1 and 113.1 1.11.2.5, and CRC Sections 1.8.8.1 and R112.1:

Refer to Santa Cruz Municipal Code (hereafter SCMC) Chapter 18.41, board of building and fire appeals.

Add sentence to CBC Section 1804 after the section heading:

Refer to SCMC Chapter 18.45, excavation and grading regulations.

Add sentence to CRC Section R313:

Refer to SCMC Title 19, Fire Prevention Code.

CBC 1905.1.7 ACI 318, Section 14.1.4: delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

14.18 ORDINANCE NO. 2022-__
5 Add sentence to CBC Sections 2211.1.1.2, and 2305.1 to read as follows:

Gypsum board sheathing shall not be permitted to resist horizontal forces in shear walls.

Modify CBC 1705.3 Exception 1 to read as follows:

Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater not more than 2,500 pound per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.

Add the “g” footnote notation in the title of Table R602.10.3(3) to read:

TABLE R602.10.3(3)g
Modify CBC Table 2308.6.1 to to read as follows;Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:
1) Revise tThe title of Table 2308.6.1 is amended to read:
to
TABLE 2308.6.1a, f, g
2) Add fFootnotes “f” and “g” are added to TABLE 2308.6.1, to read:
f. Footnote “f” prohibits bracing mMethods PBS, HPS and SFB are not permitted in Seismic Design Categories D or E.
g. Footnote “g” prohibits bracing mMethods GB, DWB and PCP are not permitted in Seismic Design Category FE.

Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
1) The title of Table R602.10.3(3) is amended to read:

CRC Table R602.10.3(3)i, j
Modify CRC TABLE R602.10.3(3)g R602.10.3(3)i, j
Add a new footnote “g” “i” and “j” to the end of CRC Table R602.10.3(3), to read:
g. i. In Seismic Design Categories D0, D1, and D2, bracing Mmethods GB PBS, HPS, SFB AND CS-SFB is are not permitted., and the use of Method PCP is limited to one-story dwellings and accessory structures.

14.19 ORDINANCE NO. 2022-__
6 j. In Seismic Design Categories D0, D1 and D2 bracing methods GB, DWB abd PCP are not permitted where S1 is greater than 0.75
2) Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

CBC Section 406.3.2.1 is hereby amended to insert a sentence after the second sentence of the paragraph to read as follows:

Gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

Modify the third sentence of CRC Section R302.6 to read:

Attachment of gypsum board shall comply with Table R702.3.5; gypsum board applied to the garage side shall be suitably fire taped and have the nail heads spotted with taping compound.

CRC Section R302.5.1: delete exception.

14.20 ORDINANCE NO. 2022-__
7 CBC Section 1505 is hereby amended to add Section 1505.0 as follows:
1505.0 Class “C” wood, and non-rated wood roofs prohibited. No Class “C” wood, or nonrated wood roof covering shall be installed on any new or existing building or structure.

Where Title 19 of the SCMC and/or State standards identify conflicting Wildland/Urban Interface requirements in this jurisdiction, the most restrictive shall apply.

Add CRC Section R902.0:

Refer to city amended CBC Section 1505 for local requirements.

14.21 ORDINANCE NO. 2022-__
8 CBC Section 1511 1512 is hereby amended to add Section 1511.0 1512.0, as follows:
1511.0 1512.0 Overlay on Existing Wood Roofs or Asphalt Shingle Roofs. Re-roofing over Class “C” wood or non-rated wood shakes and wood shingles is prohibited. When a roof has one or more layers of roof covering, any layer of which is wood shake or wood shingle, all built-up roof covering shall be completely removed before applying a new roof covering without exception (unless specifically provided for in SCMC Title 18).

CBC Section 1511.1 1512.1 is hereby amended to add Exception 3, as follows:

Wood shingles shall meet the minimum thickness requirements of Table 1404.2.

14.22 ORDINANCE NO. 2022-__
9 14.23
ORDINANCE NO. 2022-__
10 CBC Section 1405 is hereby amended to add an additional exception to Section 1405.1 as to read as follows;:

Add sentence to CRC Section R703.6:

Refer to city amended CBC Sections 1405 for requirements.

The UAC Chapter 1 and the CBC Chapter 1, Division II shall have the following inserted under their respective headings to read as follows:

The 1997 Uniform Administrative code (UAC) shall be used for the purpose of maintaining and administering the existing fee structure as established in the UAC or adopted by the City of Santa Cruz as authorized by the UAC. The California Building Code Chapter 1, Division II shall be used in its entirety, as applicable, for the administration of the building standards codes for all buildings, structures and equipment in the City of Santa Cruz, except as modified in SCMC Title 18.

CBC Section 105.1, insert second paragraph to read as follows:

CBC Section 105.2 is hereby amended to add the following modification to exemption No. 1 and to add exemption No. 14:

14.24 ORDINANCE NO. 2022-__
11 14. Decks and platforms that meet all the following criteria: not exceeding thirty inches above the adjacent grade and serving individual dwelling units and are not over any basement or story below.
a) Are not more than 200 square feet in area, and
b) are not more than thirty inches above the adjacent grade at any point within the area of the deck and 36 inches beyond the edge of the deck, and c) are not attached to a building or structure, and
d) do not serve as part of a required exit or means of egress, and e) are not located over a basement or story below.
(Decks serving common areas in multi-family residential construction and all commercial decks are not exempted by this section.)
CRC Section 105.2 exemptions Exemption 1 and 10 shall be replaced with CBC Section 105.2 the following modificationsed; exemptions 1 and 14 respectivelymodified as follows:.

In Exemption 1, Aadd a second paragraph stating;: Exempted structures shall not be placed within six feet of each other or any other permanent structure and shall comply with local zoning requirements for setbacks and maximum number of structures allowed.
10) Add the following to the end of the first sentence; and are not located over any basement or story below.

CBC Section 107.2.3 shall strike reference to R-2 and I-1 occupancies with the second sentence to read as follows:

In other than occupancies in Group R-3, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

CBC Section 110.1, insert second paragraph to read as follows:

A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans.

14.25 ORDINANCE NO. 2022-__
12 has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment.

14.26 ORDINANCE NO. 2022-__
13 Add sentence to CBC Section 113 113.1:

Refer to SCMC 18.41, Board of Building and Fire Appeals.

CRC Table R301.2(1) shall be populated with the following criteria as established by the city of Santa Cruz, using criteria published in the CRC where applicable:

WIND DESIGN SUBJECT TO DAMAGE FROM GROUND
SNOW
LOAD
(PSF)
Ultimate
Speed
(mph)
Topographic
effects
Special
wind
region
Wind
borne
debris
zone

SEISMIC
DESIGN
CATEGORY Weathering Frost line
depth Termite
0 110 No No No D2 Negligible
12 inches
below undisturbed
soil
Very
Heavy

WINTER DESIGN
TEMP

ICE BARRIER
UNDERLAYMENT REQ’DFLOOD HAZARDS
AIR

FREEZING
INDEX
MEAN
ANNUAL
TEMP
40 F No
FIRM 5/16/2012 FIRM 06087C:

Panels 214E, 218E, 219E, 238E,
327E, 329E, 331E, 332E, 351E,
353E;
FIRM 9/29/17 FIRM 06087C:

Panels 329F, 333F, 334F, 353F
0 55 F

MANUAL J DESIGN CRITERIA
Elevation Latitude Winter
heating
Summer
cooling
Altitude
correction
factor
Indoor design
temperature
Design
temperature
cooling
Heating
temperature
difference
125 37 38 71 1.00 68 75 34
Cooling
temperature
difference
Wind velocity
heating
Wind velocity
cooling
Coincident
wet bulb Daily range Winter humidity
Summer
humidity -
6 15.0 MPH 7.5 MPH 61 H 30% 50% -
Replace Manual J Design Criteria Table with the following;:

MANUAL J DESIGN CRITERIA
Elevation
Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Relative
Humidity
Indoor Winter
Design Dry-bulb
Temperature
Outdoor Winter
Design Dry-bulb
Temperature
Heating
Temperature
Difference ()
125 ft 1.00 61 50% 70 38 32
Latitude Daily Ranger
Summer Deign
Gains
Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-bulb
Temperature
Outdoor Summer
Design Dry-bulb
Temperature
Cooling
Temperature
Difference ()

14.27 ORDINANCE NO. 2022-__
14 37 H -1 @ 50% RH 50% 75 71 4
CBC Chapter 7A and CRC Section R337 shall have advisory text added under its heading, as follows: See SCMC 19.05.270 for additional requirements.

CBC Appendix O P shall be modified as follows:

Section O P102, Definition of the term EMERGENCY HOUSING is hereby amended to replace the second sentence in the definition with the following:

Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins and emergency transportable housing units constructed in accordance with this appendix.

Section O P103.3, Occupant load, is hereby amended to delete exception 1.

Section O P104.5 is hereby amended to add Section O104.5.1, as follows:

O P104.5.1 Gas heating prohibited. The use of gas-fueled heating appliances shall be prohibited in emergency housing.

The heading of Section O P106 is hereby amended to read: MEMBRANE

STRUCTURES
Section O P106.1, General is hereby amended to delete the first two paragraphs of the section.

UHC Section 401, Nuisance, is hereby amended by adding item 9 to read:

UHC Section 103 and UCADB Section 102.2 shall have the following paragraph added, to read as follows:

14.28 ORDINANCE NO. 2022-__
15 Section 3. Chapter 18.08 “Electrical Code” of the City of Santa Cruz Municipal Code shall be amended at Section 18.08.030 to read as follows:

18.08.030 ADOPTION OF THE ELECTRICAL CODE.

The following documents are hereby adopted as part of the Electrical Code of the city of Santa Cruz:

CCR T 24, Part 3, The 2019 2022 California Electrical Code, except as modified herein (hereafter CEC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 4. Chapter 18.12 “Plumbing Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.12.030 to read as follows:

18.12.030 ADOPTION OF THE PLUMBING CODE.

The following documents are hereby adopted as part of the Plumbing Code of the city of Santa Cruz:

CCR T 24, Part 5, The 2019 2022 California Plumbing Code, including Appendices A, B, D, H, I, and J, except as modified herein (hereafter CPC).

One copy of the above documents areis and shall be maintained on file in the office of the building official for use and examination by the public.

14.29 ORDINANCE NO. 2022-__
16 Section 5. Chapter 18.14 “Mechanical Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.14.030 to read as follows:

18.14.030 ADOPTION OF THE MECHANICAL CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 4, The 2019 2022 California Mechanical Code, including Appendices B and C, except as modified herein (hereafter CMC).

One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.

Section 6. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.030 to read as follows:

18.40.030 ADOPTION OF HISTORICAL BUILDING CODE.

The following documents are hereby adopted as part of the Mechanical Code of the city of Santa Cruz:

CCR T 24, Part 8, The 2019 2022 California Historical Building Code (hereafter CHBC) is hereby adopted as part of the Historical Building Code of the city of Santa Cruz. One copy of the CHBC referred to above shall be maintained on file in the office of the building official, for use and examination by the public.

Section 7. Chapter 18.40 “Historical Building Code” of the City of Santa Cruz Municipal Code is hereby amended at Section 18.40.050 to read as follows:

18.40.050 AMENDMENTS TO THE CHBC.

To the extent required by law, the CHBC adopted by the state of California and becoming effective after January 1, 2020 2023, shall be effective in the city of Santa Cruz. To the extent authorized by law, the city of Santa Cruz shall have the authority to adopt ordinances pertaining to historical building which vary from the CHBC or impose requirements in addition to those imposed by the CHBC.

Section 18. Chapter 18.47, Section 18.47.010 of the Municipal Code of the City of Santa Cruz shall be amended to read as follows:

14.30 ORDINANCE NO. 2022-__
17 18.47.010 INTENT.

This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy and conforms to the statewide program administered by the California Governor’s Office of Emergency Services (hereafter Cal OES) for ease in the rapid assessment of damaged structures. This chapter further authorizes the building official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

14.31 ORDINANCE NO. 2022-__
18 This ordinance shall be in force and take effect thirty (30) days after its final adoption but not prior to January 1, 2023.

PASSED FOR PUBLICATION this 25th day of October 2022, by the following vote:

AYES: Councilmembers
NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonya Brunner, Mayor
ATTEST: ________________________________
Bonnie Bush, City Clerk Administrator

14.32 ORDINANCE NO. 2022-__
19 PASSED FOR FINAL ADOPTION this 15th day of November 2022 by the following vote:

AYES: Councilmembers Brown, Cummings, Golder, Kalantari-Johnson, Meyers, Vice Mayor Watkins, Mayor Brunner
NOES: None.

ABSENT: None.

DISQUALIFIED: None.

14.33

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ICC

TRI-CHAPTER

UNIFORM CODE COMMITTEE (TUCC)
AMENDMENT NUMBER: Structural 1
APPROVAL DATE: 8/18/2022
SUBJECT: Proposed amendment to isolated spread concrete footings Special Inspection and Test
This amendment is developed by the Tri-chapter Uniform Code Committee and is intended to enhance regional consistency in application and enforcement of the Building Code. Please verify acceptance of this amendment with your local building department prior to its application.

CODE REFERENCE(S):
2022 CBC Section 1705.3 Concrete Construction
ISSUE(S):

The proposed amendment restricts the exemption from special inspection to include only concrete where high strength is not required for the design of isolated spread footings.

Amendment:

Revise Section 1705.3 Exception 1 as follows.

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

RATIONALE:

Results from studies after the 1994 Northridge earthquake indicated that a lot of the damages were attributed to lack of quality control during construction. The proposed amendment improves quality control during construction and therefore needs to be incorporated into the Code. Revise CBC Section 1705.3 exception No. 1 to allow special inspection not to be required for isolated spread footing where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 psi. This proposed amendment is a continuation of an amendment adopted during the previous code adoption cycle.

14.34

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ICC

TRI-CHAPTER

UNIFORM CODE COMMITTEE (TUCC)
AMENDMENT NUMBER: Structural 2
APPROVAL DATE: 8/18/2022
SUBJECT: Proposed amendment to CBC to restrict the use of bracing methods PBS, HPS, SFB, GB, DWB and PCP in seismic design categories D or E This amendment is developed by the Tri-chapter Uniform Code Committee and is intended to enhance regional consistency in application and enforcement of the Building Code. Please verify acceptance of this amendment with your local building department prior to its application.

CODE REFERENCE(S):
2022 CBC Table 2308.6.1
ISSUE(S):

This amendment prohibits the use of bracing methods PBS, HPS, and SFB in seismic design categories D or E, and prohibits the use of bracing methods GB, DWB and PCP in seismic design category E due to their poor performance in earthquakes.

Amendments:
(a) Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:
(1) The title of Table 2308.6.1 is amended to read:

TABLE 2308.6.1a, f, g
(2) Footnotes “f” and “g” are added to Table 2308.6.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

RATIONALE:

The proposed amendment addresses the problem of poor performance of wall bracing materials in high seismic areas. Shear walls sheathed with lath, plaster or gypsum board are less ductile than plywood shear walls. The poor performance of such shear walls in the 1994 Northridge Earthquake was investigated by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force and formed the basis for this proposed

14.35

Page 2 of 2 ends

amendment. This amendment is also consistent with shear wall restrictions by American Wood Council (Section 4.3.7 of SDPWS) and ICC ESR-1338 for Gypsum Board.

14.36

Page 1 of 2 ends

ICC

TRI-CHAPTER

UNIFORM CODE COMMITTEE (TUCC)
AMENDMENT NUMBER: Structural 3
APPROVAL DATE: 8/18/2022
SUBJECT: Proposed amendment to CRC to restrict the use of bracing methods PBS, HPS, SFB, CS-SFB, GB, DWB and PCP in Seismic Design Categories D0, D1 and D2 This amendment is developed by the Tri-chapter Uniform Code Committee and is intended to enhance regional consistency in application and enforcement of the Building Code. Please verify acceptance of this amendment with your local building department prior to its application.

CODE REFERENCE(S):
2022 CRC Table R602.10.3(3)
ISSUE(S):

This amendment restricts the use of bracing methods PBS, HPS, SFB, CS-SFB, GB, DWB and PCP due to their poor performance in earthquakes.

Amendments:
(a) Table R602.10.3(3) (Bracing Requirements Based On Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i, j
(2) Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

RATIONALE:

The proposed amendment addresses the problem of poor performance of these bracing materials in high seismic areas to limit potential structural damage. Shear walls sheathed with lath, plaster or gypsum board are less ductile than plywood shear walls. The poor performance of such shear walls in the 1994 Northridge Earthquake was investigated by the Structural Engineers Association of Southern California (SEAOSC) and the Los Angeles City Task Force and formed

14.37

Page 2 of 2 ends

the basis for this proposed amendment. This amendment is also consistent with the design limitations for similar shear walls found in Table 2308.6.1 of the 2022 California Building Code.

14.38 City Council

AGENDA REPORT
DATE: 10/17/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Fire Department
SUBJECT: Adoption of the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD)
RECOMMENDATION: Introduce for publication an ordinance to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.

BACKGROUND: The proposed ordinance will adopt the California Fire Code, 2022 Edition and make other amendments.

The California Fire Code is adopted on a triannual bases and is modified from the International Codes – a set of model codes that develop standards that regulate building, plumbing, gas, mechanical, electrical, energy, fire, accessibility, and other related areas. These model codes include the International Fire Code (model code). The California Building Standards Commission is charged with developing the minimum building standards for the State of California on a three-year cycle. This includes developing the California Fire Code.

The California Health and Safety Code identifies a specific process for adoption of the Fire Code locally with specific actions and timelines. The California Building Standards Commission is charged with developing the minimum building standards for the State of California on a threeyear cycle or when a new model code is available. With each code cycle, the City is required to update its own ordinance and adopt the current model code with amendments.

Members of the Santa Cruz County Fire Prevention Officers have collectively prepared much of the proposed ordinance text. By working cooperatively, we have been able to bring forth a fire code that is substantially consistent throughout the county. The Santa Cruz County Fire Chiefs’ and Fire Prevention Officers’ Associations recognize that regulatory consistency between the various fire agencies minimizes confusion and lessens the impact on the public. While there may be a few minor differences based on individual needs or other ordinances that are already in place, on the whole, the proposed code meets this goal.

15.1 DISCUSSION: The proposed revision to SCMC Title 19 of the Santa Cruz Municipal Code includes the 2022 edition of the California Fire Code (C.F.C.) and the City of Santa Cruz’s local amendments to the model Fire Code.

The proposed ordinance contains the amended code sections, with changes highlighted via document tracked changes.

The following is a list of the significant changes to the C.F.C. and the Fire Department’s proposed amendments or additions:
 Chapter 1 is amended to reflect our current Ordinance and to clarify the scope of the fire code. The violations / penalties contained in Chapter 1 are a carry-over from our previous codes and place them in the enabling chapter of the fire code. The changes to this chapter were to section numbering and removal of the reference to Appendix 4. Appendix 4 is already adopted in its entirety by the State Fire Marshal and does not require the Fire Department to take additional actions.
o SCMC 19.05.010 Section [A] Fire Code Adopted
 Removing reference to Appendix 4 – Special Detailed Requirements Based on Use and Occupancy.
 Chapter 2 is devoted to definitions. There were no significant changes to this section.  Chapter 3 is “General Precautions Against Fire”. There were no significant changes to this section.
 Chapter 4 gives authority to determine the need for a temporary fire watch in the event life safety systems have been compromised. This is a necessary measure for short term mitigation of life safety systems under repair. There were no changes to this chapter.  Chapter 5 gives authority to determine adequate water supply for required fire flow provisions for all types of construction proposed for the community. It also provides regulations for determination of proper access for fire apparatus. There was one change in this section clarifying fire apparatus turning radius. Fire apparatus turning radius is referenced in Appendix D, but not explicitly stated in the code. This update eliminates any confusion or conflict with turning radius.
o SCMC 19.05.190 Section 503 Is Amended - Fire Apparatus Access Roads  503.2.4 Turning radius.
 The required turning radius of a fire apparatus access road shall be 28 feet (8,534 mm) inside radius and 48 feet (14,630 mm) outside radius on all turns in the fire apparatus access road, unless otherwise approved by the fire code official.
 Chapter 9 is the fire sprinkler code that has been in place county-wide since 1989. There were two changes to this chapter.
o The first change deletes an exception to the Fire Sprinkler coverage requirements for Hotels and Multi-residential occupancies (R-1 and R-2 occupancies) in C.F.C

15.2 section 903.3.1.1.2. The exception eliminates sprinkler coverage in bathrooms under 55 square feet. By deleting the exception, all bathrooms for R-1 and R-2 occupancies will be required to have fire sprinkler coverage.  Section 903.3.1.1.2 of the C.F.C states: “In Group R occupancies, sprinklers shall not be required in bathrooms that do not exceed 55 square feet (5 m2) in area and are located within individual dwelling units or sleeping units, provided that walls and ceilings, including the walls and ceilings behind a shower enclosure or tub, are of noncombustible or limited-combustible materials with a 15-minute thermal barrier rating.” o The second change deletes SCMC 19.05.290 (incorporating section 903.3.1.3 of the C.F.C “NFPA 13D Sprinkler Systems”) and moves that section to SCMC

19.05.232, for continuity with SCMC 19.05.231.
 Chapter 11 is construction requirements for existing buildings. There were no significant changes to this chapter.
 Chapter 12 applies to the installation, operation and maintenance of energy systems used for generating or storing energy. There were no changes to this chapter.  Chapter 39 is a new chapter to the C.F.C addressing plant processing and extraction facilities. There were no changes to this chapter.
 Chapter 49 provides for minimum standards to increase the ability of a structure to resist flame intrusion or burning embers during a wildland fire for areas identified as WildlandUrban Interface (WUI) areas by the Fire Code Official. There were no significant changes to this chapter.
 Chapter 53 addresses storage, use and handling of compressed gases in compressed gas cylinders, tanks and systems. There were no changes to this chapter.  Chapter 56 addresses fireworks and explosives. There were no changes to this chapter.  Chapter 90 provides safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire that might be caused by recreational, residential, commercial, industrial or other activities in Wildfire Risk Areas. There were no changes to this chapter.

SCMC Chapter 19.10 establishes geographical limits for the storage of flammable and combustible liquids. There were no significant changes to this chapter.

In conclusion, the Fire Department recommends that the City Council adopt the 2022 California Fire Code, with local amendments, as submitted per the attached Ordinance. This action will update our local Fire Code and put us in compliance with the State-mandated code adoption process.

FISCAL IMPACT: Cost of updated code books and staff training are included in the FY 2023 base budget.

15.3 Prepared By:

Tim Shields
Acting Division Chief –
Prevention / Fire Marshal
Submitted By:

Rob Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE - CLEAN.DOCX

2. ORDINANCE - TRACK CHANGES.DOCX

15.4 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ TO (1) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.05 TO ADOPT AND INCORPORATE BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND MAKE OTHER AMENDMENTS; AND (2) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.10 WHEREAS, the City of Santa Cruz (“City”) proposes to adopt and incorporate by reference the 2022 edition of the California Fire Code and Fire Code Standards, including annual supplements and State amendments and errata; and
WHEREAS, the City proposes to make certain changes in the requirements of the 2022 California Fire Code, which will make certain parts the City’s Fire Code more restrictive than state law; and
WHEREAS, California Health and Safety Code Section 17958.7 requires the Santa Cruz City Council make express findings that changes or modifications to the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922 (including, but not limited to, green building standards) are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Section 17958.7 further requires that a copy of the above referenced findings “together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission”; and
WHEREAS, the Santa Cruz City Council finds that the proposed amendments to Santa Cruz Municipal Code (SCMC) section 19.05.190, adding turning radius requirements in Section 503 of the California Fire Code, do not conflict with the California Fire Code and only serve to clarify the specific requirements; and
WHEREAS, the Santa Cruz City Council further finds the proposed addition of SCMC

19.05.235, removing the California Fire Code’s exemption to the Fire Sprinkler coverage requirements for Hotels and Multi-residential occupancies establishes a more restrictive local provision and does not conflict with the California Fire Code; and WHEREAS, the Santa Cruz City Council finds that all remaining changes shown in the proposed ordinance are necessary for administrative clarification and do not modify the California Fire Code; and
WHEREAS, Santa Cruz City Council hereby approves all of the below-noted additions, amendments and deletions to the following chapters of the 2022 California Fire Code: Chapter 1, 2, 3, 4, 5, 9, 11, 39, 49, and 90. The below-noted modification have been proposed by the Santa Cruz Fire Department, in consultation with the City Attorney’s Office; and

15.5 ORDINANCE NO. 2022-
2 WHEREAS, Staff is directed to file a copy of the findings included in this Ordinance with the California Building Standards Commission pursuant to California Health and Safety Code Section 17958.7.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1: Recitals Incorporated
The recitals set forth in the preamble of this Ordinance are hereby incorporated into this Ordinance as if fully set forth herein.

SECTION 2: 2022 Edition of the California Fire Code Adopted The City of Santa Cruz hereby adopts the 2022 edition of the California Fire Code (including Appendix Chapters B, BB, C, CC, D, O), as the Fire Code of the City of Santa Cruz. The 2019 edition of the California Fire Code shall no longer be in force and effect.

The City of Santa Cruz also adopts local amendments to 2022 edition of the California Fire Code, as set forth in this Ordinance and the Santa Cruz Municipal Code.

SECTION 3: Amendments to Portions of Santa Cruz Municipal Code Chapter 19.05 A. Section 19.05.010 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.010 CALIFORNIA FIRE CODE ADOPTED
The City of Santa Cruz hereby adopts the 2022 edition of the California Fire Code with local amendments, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Santa Cruz; providing for the issuance of permits and collection of fees therefor.

The City Council of the City of Santa Cruz does ordain that a certain document published by the International Code Council and marked and designated as the California Fire Code, 2022 edition (including Appendix Chapters B, BB, C, CC, D, O) (the document may be hereafter referred to as “the Fire Code”) is hereby adopted as the Fire Code of the City of Santa Cruz, in the State of California. Three (3) copies of the Fire Code shall be kept file in the office of the Santa Cruz City Clerk of the City of Santa Cruz.

The Fire Code regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, the handling and use of hazardous substances, materials and devices, and the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City Clerk’s office of the City of Santa Cruz are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance.

15.6 ORDINANCE NO. 2022-
3 The City Council also adopts local amendments, additions, insertions, and deletions to the Fire Code, as forth in this Chapter.”
B. Section 19.05.050 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.050 SECTION [A] 108.1 IS ADDED– INSPECTION AUTHORITY Section [A] 108.1 of Chapter 1 of the Fire Code of the City of Santa Cruz is added to read as follows:
[A] 108.1 – Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.”
C. Section 19.05.060 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.060 SECTION [A] 109.6 IS ADDED– OVERCROWDING
Section [A] 109.6 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 109.6 – Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.” D. Section 19.05.070 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.070 SECTION [A] 112.4 IS ADDED– VIOLATION PENALTIES.

Section [A] 112.4 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 112.4 – Violation Penalties. Unless otherwise specified, persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Acts identified as infractions are not punishable by imprisonment. Every violation of this code determined to be an infraction is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within one year;

15.7 ORDINANCE NO. 2022-
4 3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within one year.

The fines identified above are those fines that are within the City’s control. Note that the County of Santa Cruz Superior Court adds additional fees and costs on top of the City’s infraction fines.

A person charged with an infraction is not entitled to a trial by jury. A judgment that a person convicted of an infraction be punished by fine may also provide for the payment to be made within a specified time or in specified installments, contingent upon the person giving his written promise to either pay the fine as provided or to appear in court on the due date. Any person who willfully violates any such written promise is guilty of a misdemeanor. Nothing contained herein shall be deemed to limit the City’s authority to enforce the provisions of this Chapter pursuant to any other authority specified in the municipal code, or any other applicable state law.” E. Section 19.05.080 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.080 SECTION [A] 112.4.1 AMENDED AND 112.4.2 ADDED—ABATEMENT OF VIOLATION; FAILURE TO COMPLY.

Section [A] 112.4.1 of Chapter 1 of the Fire Code of the city of Santa Cruz is hereby amended and Section 112.4.2 is hereby added to read as follows:
[A] 112.4.1 –Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about a premises.
112.4.2– Failure to comply. It is unlawful for any person, firm or corporation to violate or fail to comply with any lawful order of the fire code official; fail to comply with an order by the Board of Building and Fire Appeals; or, fail to comply with an order of the court of competent jurisdiction within the time fixed therein. Every such violation shall be deemed a misdemeanor and shall be punishable by a fine of not more than $500.00 plus court assigned fees or by imprisonment not exceeding 1 year in the county jail, or both such fine and imprisonment.” F. Section 19.05.090 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.090 SECTION 202 IS AMENDED – GENERAL DEFINITIONS.

Section 202 of Chapter 2 of the Fire Code of the city of Santa Cruz is hereby amended as follows:

A. “Driveway” is added after “Draft Stop” to read as follows:

15.8 ORDINANCE NO. 2022-
5 (a) All driveways shall provide a minimum unobstructed width of 12 feet and minimum unobstructed vertical clearance of 15 feet. Exception: Driveways serving parcels which are not considered a flag lot by the City Planning Department may be 10 feet wide when approved by the Fire Code Official.
(b) All curb cuts at entrances to driveways or other private ways shall be of sufficient width to permit safe travel by emergency vehicles at all times of the year. (c) Turnouts shall be designed and constructed every 400 feet along the driveway’s length or at the midpoint when the driveway is over 400 but not more than 800 feet in length. (d) A turnaround shall be provided at all building or structure sites on driveways over 300 feet in length and shall be at 50 feet from the structure. Fire vehicle access road turnaround shall meet minimum requirement provisions listed in the 2022 California Fire Code Appendix D.
(e) In addition, where applicable, all driveways shall conform to N.F.P.A. Standard 1141, the standard for planned building groups.

B. “Imposed Loads” is added after “Impairment Coordinator” to read as follows:

IMPOSED LOADS OF APPARATUS is a minimum of 40,000 pounds for a fire engine and 75,000 pounds for an aerial ladder fire truck.

C. “State Responsibility Area (SRA)” is added after “State-Owned/Leased Building” to read as follows:

STATE RESPONSIBILITY AREA (SRA) shall mean lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 to 4127; and the California Code of Regulations, Title14, Division 1.5, Chapter 7, Article 1, Sections 1220- 1220.5 where the financial responsibility of preventing and suppressing forest fires is primarily the responsibility of the State of California.” G. Section 19.05.100 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.100 SECTION 304.1.2 IS AMENDED – VEGETATION.

Section 304.1.2 of Chapter 3 of the Fire Code of the city of Santa Cruz is amended to read as follows:
304.1.2 – Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

15.9 ORDINANCE NO. 2022-
6 growth. This does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any building or structure.

When required by state law, or local ordinance, rule or regulation, an additional fire protection zone or firebreak may be made by removing all brush, flammable vegetation, or combustible growth that is located within 100 feet from the building or structure or to the property line. This section does not prevent an insurance company that insures a building or structure from requiring the owner of the building or structure to maintain a firebreak of more than 100 feet around the building or structure. Grass and other vegetation located more than 30 feet from the building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. This does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure.

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon said premises or public sidewalk, or street or alleys between said premises and the centerline of any public street or alley after May 15th.

Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the chief of the fire department shall give notice to the owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city, that unless such nuisance be abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities, and the cost thereof assessed upon the lots and lands from which weeds shall have been destroyed or removed.

Method of Abatement
(a) The chief of the fire department shall cause weeds to be abated through mowing, cutting, disking, removal or any other approved method except spraying. (b) When the chief determines that total removal of weed growth is impractical due to size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish fuel breaks.
(c) The chief of the fire department, and its deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon private property for the purpose of destroying weeds.
(d) Any property owner shall have the right to abate such weeds themselves, or have the same abated at their own expense provided that such weeds shall have been destroyed or removed prior to May 15th and the arrival of the chief of the fire department or his/her agents or representative to abate them.
(e) Combustible rubbish which hampers or otherwise obstructs city weed abatement efforts may also be removed by the chief of the fire department or his/her agents or authorized representative at the owner’s expense under the reimbursement and collection provisions of this chapter.”

15.10 ORDINANCE NO. 2022-
7 H. Section 19.05.180 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.180 SECTION 403.11 IS ADDED – SPECIAL REQUIREMENTS FOR PUBLIC

SAFETY, FIRE WATCH
Section 403.11 of Chapter 4 of the Fire Code of the city of Santa Cruz is added to read as follows:
403.11 – Special Requirements for public Safety, Fire Watch. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and 403.11.1.2.”
I. Section 19.05.190 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.190 SECTION 503 IS AMENDED - FIRE APPARATUS ACCESS ROADS Section 503 of Chapter 5 of the Fire Code of the city of Santa Cruz is amended to read as follows:
503 Fire apparatus access roads.
503.1 Where required.

Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities.

Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3. There are not more than two Group R-3 or Group U occupancies. 503.1.2 Additional access.

15.11 ORDINANCE NO. 2022-
8 The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
503.1.3 High-piled storage.

Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32 of the California Fire Code. 503.2 Specifications.

Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions.

Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 15 feet (4572 mm).
503.2.2 Authority.

The fire official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
503.2.3 Surface.

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. 503.2.4 Turning radius.

The required turning radius of a fire apparatus access road shall be 28 feet (8,534 mm) inside radius and 48 feet (14,630 mm) outside radius on all turns in the fire apparatus access road, unless otherwise approved by the fire code official.
503.2.5 Dead ends.

Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces.

Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official.

Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are

15.12 ORDINANCE NO. 2022-
9 not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade.

The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus.
503.2.8 Angles of approach and departure
The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire departments apparatus. 503.3 Marking.

Where required by the fire code official approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE (or similar language) shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The signs, notices, or markings designating fire lanes shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads.

Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and 503.2.2 shall be maintained at all times.
503.4.1. Traffic calming devices
Traffic calming devices shall be prohibited unless approved by the fire code official. 503.4.2 Vegetation clearance along access roads.

Areas within 10 feet (3048) horizontal and 15 feet (4572 mm) vertical on each side of portions of highways, public and private streets, roads and driveways which are ordinarily used for vehicular traffic shall be cleared of flammable vegetation and other combustible growth.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants sued as ground covers, are exempt provided that they do not form a means of readily transmitting fire. 503.5 Required gates or barricades.

The fire code official is authorized to require the installation and maintenance of gates or the approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways.
503.5.1 Secured gates and barricades.

15.13 ORDINANCE NO. 2022-
10 Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.

Exception: The restriction on use shall not apply to public officers acting within the scope of duty. [B] 503.5.2 Fences and gates.

School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet (0.28 m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15 240 mm) from school buildings.

Every public and private school shall conform with Section 32020 of the Education Code which states:

The governing board of every public school district, and the governing authority of every private school, which maintains any building used for the instruction or housing of school pupils on land entirely enclosed (except for building walls) by fences, or walls, shall, through cooperation with the local law enforcement and fire protection agencies having jurisdiction of the area, make provision for the erection of gates in such fences or walls. The gates shall be of sufficient size to permit the entrance of the ambulances, police equipment and fire-fighting apparatus used by the law enforcement and fire protection agencies. There shall be no less than one such access gate and there shall be as many such gates as needed to ensure access to all major buildings and ground areas. If such gates are to be equipped with locks, the locking devices shall be designed to permit ready entrance by the use of the chain or bolt-cutting devices with which the local law enforcement and fire protection agencies may be equipped.
503.6 Security gates.

The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.”
J. Section 19.05.200 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.200 SECTION 507.1 IS AMENDED – REQUIRED WATER SUPPLY.

15.14 ORDINANCE NO. 2022-
11 serve no more than two dwellings and no more than 10,000 square feet of habitable dwelling space, and (2) be provided pursuant to a recorded covenant that runs with the land if the water supply originates from another parcel. If a water purveyor supplies the water, the applicant must submit with the building plan written verification from the licensed purveyor that the water supply meets the flow requirement.

Exceptions:

1. A 2% reduction will be allowed for flow supplied by approved stationary water tanks, to account for the nominal standardized capacity of such tanks.

2. The Fire Chief may reduce the flow requirement to 250 gallons per minute for 20 minutes by substituting approved enhanced access, defensible space, and/or ignition-resistant material requirements.”
K. Section 19.05.220 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.220 CFC SECTIONS 903.1 THROUGH 903.2.10.2 ARE DELETED AND REPLACED – AUTOMATIC SPRINKLER SYSTEMS.

Sections 903.1 through 903.2.10.2 of Chapter 9 of the Fire Code of the city of Santa Cruz are deleted and replaced to read as follows:
903.1 General. Automatic sprinkler systems shall comply with this section. 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of automatic sprinkler protection where recognized by the applicable standard and approved by the fire code official. 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. 903.2.1 New Structures. An automatic fire sprinkler system shall be provided in all new occupancies as defined in Chapter 3 of the California Building Code, regardless of type of construction and/or floor area, unless otherwise pre-empted by the California Health and Safety Code. Any occupancy not specifically mentioned shall be included in the group that it most nearly resembles based on the proposed life and fire hazard.

EXCEPTIONS: 1. Private garages, carports, workshops, office, art studio, and/or sheds not more than 1,000 square feet (93 m2) of total floor area shall not require fire sprinklers where they are detached and separate from other structures and provided with exterior wall and opening protection as per the California Building Code.

2. Sheds exceeding 1,000 square feet, (93 m2) but not exceeding 3,000 square feet (278 m2) shall not require fire sprinklers at the discretion of the Fire Chief when the applicant demonstrates that the applicant’s proposal does not increase the fire hazard or fire load.

15.15 ORDINANCE NO. 2022-
12 3. Agricultural buildings as defined in Appendix Chapter C, of the California Building Code having a clear unobstructed side yard exceeding 60 feet (18,280 mm) in all directions, not exceeding 25 feet (7620 mm) in height and located within an Agricultural zoned district, as defined in the Santa Cruz County Planning Code.
a. Not exceeding 2,000 square feet (186 m2) or as exempted by the fire chief, shall not require fire sprinklers.
b. Exceeding 2,000 square feet (186 m2) but not exceeding 5,000 square feet, shall not require fire sprinklers at the discretion of the fire chief when the applicant demonstrates the applicant’s proposal does not increase the fire hazard or fire load. c. Greenhouses of non-combustible construction shall not require fire sprinklers.

4. Group B and Group M Occupancies not more than 500 square feet (46.5 m2) shall not require fire sprinklers where they are detached and separate from other structures and provided with exterior wall and opening protection as per the 2016 California Building Code, Tables 508.4 and 508.9.

5. For public school state-funded construction projects see CFC Section 903.2.19. 903.2.2 Existing Structures. An automatic sprinkler system shall be provided in existing structures when, after the effective date of this code, a building permit is issued to allow additions to be made to existing structures which either:

1. Are already six thousand (6,000) square feet or greater in total floor area; or

2. Will increase the existing square footage to greater than > (6,000) square feet in total floor area; or

3. Will increase the total floor area of a structure by 10% or more; or

4. When there is a change in the character of the occupancy or use of any building which in the opinion of the fire chief increases or may cause to increase the hazard of fire or threat to life or safety.

5. When additions are made to a structure which contains an existing fire sprinkler system. The fire sprinkler system shall be augmented, thus, creating fire sprinkler protection in the entire structure.

Exceptions:

1. Group U occupancies not more than one thousand (1,000) square feet.

2. Group B and Group M occupancies not more than five hundred (500) square feet.

3. Group R-3 dwellings:
a) Where additions do not increase the total existing square footage by more than 50%. Or,

15.16 ORDINANCE NO. 2022-
13 b) Where alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent or more of the existing internal structural and/or non-structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this chapter. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

4. Accessory Dwelling Unit constructed on lots with an existing sprinklered primary residence:
a) Attached to main residence – fire sprinklers required. b) Detached from main residence, fire sprinklers required.

5. Accessory Dwelling Unit constructed on lots with an existing non-sprinklered primary residence:
a) Attached to main residence and is less than or equal to 50% of the existing sq-ft. of the primary residence – fire sprinklers not required.
b) Detached from main residence– fire sprinklers not required.” L. Section 19.05.231 of the Santa Cruz Municipal Code is added as follows:
“19.05.231 SECTION 903.3.1.1.2 IS DELETED – BATHROOMS.

Section 903.3.1.1.2 of Chapter 9 of the Fire Code of the city of Santa Cruz is deleted.” M. Section 19.05.232 of the Santa Cruz Municipal Code is added as follows:
“19.05.232 SECTION 903.3.1.3 IS AMENDED – NFPA 13D SPRINKLER SYSTEMS.

Section 903.3.1.3 of Chapter 9 of the Fire Code of the city of Santa Cruz is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and twofamily dwellings; Group R-3; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D, and installation guidelines as promulgated by the Santa Cruz County Fire Chiefs Association.”
N. Section 19.05.240 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.240 SECTION 1103.5.5 IS ADDED – PYROXYLIN PLASTICS.

Section 1103.5.5 of Chapter 11 of the Fire Code of the city of Santa Cruz is added to read as follows:

15.17 ORDINANCE NO. 2022-
14 1103.5.5 Pyroxylin plastics. An automatic sprinkler system shall be provided in all existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging

1.66 gallons per minute per square foot (68 L/min/m2) over the area of the vault.” O. Section 19.05.260 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.260 SECTION 3905.1.1 IS AMENDED – SAFETY SYSTEMS Section 3905.1.1 of Chapter 39 of the Fire Code of the city of Santa Cruz is amended to read as follows:
3905.1.1 – Operation. Activation of the gas detection system shall result in all of the following:

1. Initiation of distinct audible and visual alarm signals in extraction room.

2. Deactivation of all heating systems located in the extraction room.

3. Activation of the mechanical ventilation system, where the system is interlocked with gas detection.

4. De-energize all light switches and electrical outlets.

5. For detection levels at or exceeding 25% of the LEL/LFL shall result in the activation of the building’s fire alarm system.”
P. Section 19.05.270 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.270 SECTION 4901.3 IS ADDED – REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS.

Section 4901.3 of Chapter 49 of the Fire Code of the city of Santa Cruz is added to read as follows:
4901.3 General. Areas identified within the Wildland-Urban Interface, as determined by the Fire Code Official, shall be held to all requirements as defined in Sections 4902.1 through 4910.4.

1. As determined by the Fire Code Official, construction requirements as identified in California Building Code, Chapter 7A, California Residential Code, Section R337 and California Referenced Standards Code, Chapter 12-7A shall apply to:
a) All new construction
b) All new materials used for additions and remodels.”
Q. The contents of Section 19.05.290 shall be deleted from the code and shall be demarcated as follows:
“19.05.290 RESERVED.”
R. SECTION 18. Section 19.05.310 of the Santa Cruz Municipal Code is amended to read as follows:

15.18 ORDINANCE NO. 2022-
15 “19.05.310 CHAPTER 90 IS ADDED – SUPPRESSION AND CONTROL OF WILDFIRE RISK AREAS.

Chapter 90 of the Fire Code of the city of Santa Cruz is added to read as follows:
9001 — SCOPE. The unrestricted use of grass-, grain-, brush- or forest-covered land in wildfire risk areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire that might be caused by recreational, residential, commercial, industrial or other activities shall be in accordance with Chapter 90.
9002— RESTRICTED ENTRY. The fire chief shall determine and publicly announce when wildfire risk areas shall be closed to entry and when such areas shall again be opened to entry.

Entry on and occupation of wildfire risk areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the wildfire risk area is closed to entry, is prohibited.

EXCEPTIONS: 1. Residents and owners of private property within wildfire risk areas and their invitees and guests going to or being upon their lands.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service. 9003 — TRESPASSING ON POSTED PROPERTY.
9003.1 General. When the fire chief determines that a specific area within a wildfire risk area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
9003.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to Appendix II-A shall be placed on every closed area.
9003.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

EXCEPTION: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
9004 — SMOKING. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes, cigars, or other smoking materials in wildfire risk areas is prohibited.

EXCEPTION: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the fire code official.

15.19 ORDINANCE NO. 2022-
16 9005 — SPARK ARRESTERS. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within 200 feet (60,960 mm) of wildfire risk areas, shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch (12.7 mm).
9006 SMALL UNMANNED AIRCRAFT. Small unmanned aircraft liable to start or cause fire shall not be possessed, flown, projected or caused to be projected into or across wildfire risk areas. 9007 — OPEN-FLAME DEVICES. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by permit from the fire chief.

EXCEPTION: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon wildfire risk areas.

EXCEPTION: The proper use of fuses at the scenes of emergencies or as required by standard railroad operating procedures.
9008 — USE OF FIRE ROADS AND FIREBREAKS. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.

EXCEPTION: Public officers acting within their scope of duty.

Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or firebreaks unless located 16 feet (4877 mm) or more above such fire road or firebreak.
9009 — USE OF MOTORCYCLES, MOTOR SCOOTERS AND MOTOR VEHICLES.

Motorcycles, motor scooters and motor vehicles shall not be operated within wildfire risk areas, without a permit by the fire code official, except upon clearly established public or private roads.

Permission from the property owner shall be presented when requesting a permit. 9010 — LIABILITY FOR DAMAGE. The expenses of fighting fires which result from a violation of this chapter shall be a charge against the person whose violation caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the fire chief in the same manner as in the case of an obligation under a contract, expressed or implied.” SECTION 4. Chapter 19.10 of the Santa Cruz Municipal Code is hereby amended to read as follows.

15.20 ORDINANCE NO. 2022-
17 “19.10.010 ESTABLISHED.

The geographic limits referred to in certain sections of the Fire Code of the city of Santa Cruz are hereby established as follows:

Establishment of limits of districts in which storage of flammable cryogenic fluids in stationary containers is to be prohibited. The limits referred to in Section 5806.2 of the Fire Code of the city of Santa Cruz in which storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as the political boundary of the city of Santa Cruz.

Exceptions:

1. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-2 Zone with a Conditional Use Permit issued by the Planning Department.

2. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-3 Zone.

Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 5704.2.9.6 and 5706.2.4.4 of the Fire Code of the city of Santa Cruz in which the storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is restricted are hereby established as the incorporated area of the political boundary of the city of Santa Cruz.

Exceptions: Such use is allowed in the following zoning districts:

1. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in A or A-1 Zones;

2. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in M-1, M-2 or M-3 Zones;

3. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in NR Zones.

19.10.020 GEOGRAPHIC LIMITS REFERRED TO IN CERTAIN SECTIONS OF THE 2022 CALIFORNIA FIRE CODE.

The geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:

Section 5704.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): City of Santa Cruz.

Section 5706.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in aboveground tanks is prohibited): City of Santa Cruz.

Section 5806.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): City of Santa Cruz.

15.21 ORDINANCE NO. 2022-
18 Section 6104.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): City of Santa Cruz.” SECTION 5: Interpretation
A. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

B. Nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or liability incurred under any prior version of this ordinance.

SECTION 6: Environmental Review
This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.) SECTION 7. This ordinance shall take effect and be in force thirty (30) days after final adoption but not prior to January 1, 2023.

PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

15.22 ORDINANCE NO. 2022-
19 PASSED FOR FINAL ADOPTION this XX day of XXXXX, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

15.23 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ TO (1) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.05 TO ADOPT AND INCORPORATE BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND MAKE OTHER AMENDMENTS; AND (2) AMEND SANTA CRUZ MUNICIPAL CODE CHAPTER 19.10 WHEREAS, the City of Santa Cruz (“City”) proposes to adopt and incorporate by reference the 2022 edition of the California Fire Code and Fire Code Standards, including annual supplements and State amendments and errata; and
WHEREAS, the City proposes to make certain changes in the requirements of the 2022 California Fire Code, which will make certain parts the City’s Fire Code more restrictive than state law; and
WHEREAS, California Health and Safety Code Section 17958.7 requires the Santa Cruz City Council make express findings that changes or modifications to the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922 (including, but not limited to, green building standards) are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Section 17958.7 further requires that a copy of the above referenced findings “together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission”; and
WHEREAS, the Santa Cruz City Council finds that the proposed amendments to Santa Cruz Municipal Code (SCMC) section 19.05.190, adding turning radius requirements in Section 503 of the California Fire Code, do not conflict with the California Fire Code and only serve to clarify the specific requirements; and
WHEREAS, the Santa Cruz City Council further finds the proposed addition of SCMC

15.24 ORDINANCE NO. 2022-xx
2 WHEREAS, Staff is directed to file a copy of the findings included in this Ordinance with the California Building Standards Commission pursuant to California Health and Safety Code Section 17958.7.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1: Recitals Incorporated
The recitals set forth in the preamble of this Ordinance are hereby incorporated into this Ordinance as if fully set forth herein.

The City of Santa Cruz also adopts local amendments to 2022 edition of the California Fire Code, as set forth in this Ordinance and the Santa Cruz Municipal Code.

SECTION 3: Amendments to Portions of Santa Cruz Municipal Code Chapter 19.05 A. Section 19.05.010 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.010 CALIFORNIA FIRE CODE ADOPTED
An ordinance of the The City of Santa Cruz adoptinghereby adopts the 20192022 edition of the California Fire Code with local amendments, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Santa Cruz; providing for the issuance of permits and collection of fees therefor; repealing Ordinance No. 2016-XX (part) 2016 of the City of Santa Cruz and all other ordinances and parts of the ordinances in conflict therewith.

The City Council of the City of Santa Cruz does ordain that a certain document, three (3) copies of which are on file in the office of the Santa Cruz City Clerk of the City of Santa Cruz, being published by the International Code Council and marked and designated as the California Fire Code, 20192022 edition (including “Appendix Chapters (4, B, BB, C, CC, D, O) as published by the International Code Council,(the document may be andhereafter referred to as “the Fire Code”) is hereby adopted as the Fire Code of the City of Santa Cruz, in the State of California regulating. Three (3) copies of the Fire Code shall be kept file in the office of the Santa Cruz City Clerk of the City of Santa Cruz.

The Fire Code regulates and governinggoverns the safeguarding of life and property from fire and explosion hazards arising from the storage, the handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of

15.25 ORDINANCE NO. 2022-xx
3 buildings and premises as herein provided; for the issuance of permits and collection of fees therefor; and each. Each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City Clerk’s office of the City of Santa Cruz are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the .

The City Council also adopts local amendments, additions, insertions, and deletions and changes, if any, setto the Fire Code, as forth in this Chapter.” B. Section 19.05.050 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.050 SECTION [A] 107108.1 IS ADDED– INSPECTION AUTHORITY Section [A] 107108.1 of Chapter 1 of the Fire Code of the City of Santa Cruz is added to read as follows:
[A] 107108.1 – Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.”
C. Section 19.05.060 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.060 SECTION [A] 108109.6 IS ADDED– OVERCROWDING
Section [A] 108109.6 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 108109.6 – Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.” D. Section 19.05.070 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.070 SECTION [A] 110112.4 IS ADDED– VIOLATION PENALTIES.

Section [A] 110112.4 of Chapter 1 of the Fire Code of the city of Santa Cruz is added to read as follows:
[A] 110112.4 – Violation Penalties. PersonsUnless otherwise specified, persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Acts denominatedidentified as infractions shallare not be punishable by imprisonment. Every violation of this code determined to be an infraction is punishable by:

15.26 ORDINANCE NO. 2022-xx
4 1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within one year.

A person charged with an infraction shallis not be entitled to a trial by jury. A judgment that a person convicted of an infraction be punished by fine may also provide for the payment to be made within a specified time or in specified installments, contingent upon the person giving his written promise to either pay the fine as provided or to appear in court on the due date. Any person who willfully violates any such written promise is guilty of a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Nothing contained herein shall be deemed to limit the City’s authority to enforce the provisions of this Chapter pursuant to any other authority specified in the municipal code, or any other applicable state law.”
E. Section 19.05.080 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.080 SECTION [A] 110112.4.1 AMENDED AND 110112.4.2 ADDED— ABATEMENT OF VIOLATION; FAILURE TO COMPLY.

Section [A] 110112.4.1 of Chapter 1 of the Fire Code of the city of Santa Cruz is hereby amended and Section 11209.4.2 is hereby added to read as follows:
[A] 110112.4.1 –Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about a premises.
110112.4.2– Failure to comply. It is unlawful for any person, firm or corporation to violate or fail to comply with any lawful order of the fire code official; fail to comply with an order by the Board of Building and Fire Appeals; or, fail to comply with an order of the court of competent jurisdiction within the time fixed therein. Every such violation shall be deemed a misdemeanor and shall be punishable by a fine of not more than $500.00 plus court assigned fees or by imprisonment not exceeding 1 year in the county jail, or both such fine and imprisonment.” F. Section 19.05.090 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.090 SECTION 202 IS AMENDED – GENERAL DEFINITIONS.

Section 202 of Chapter 2 of the Fire Code of the city of Santa Cruz is hereby amended as follows:

15.27 ORDINANCE NO. 2022-xx
5 A. “Driveway” is added after “Draft Stop” to read as follows:

DRIVEWAY is vehicular ingress and egress routes that serve no more than 2 residential buildings or structures, not including accessory structures, on one parcel, containing no more than 3 dwelling units.
(a) All driveways shall provide a minimum unobstructed width of 12 feet and minimum unobstructed vertical clearance of 15 feet. Exception: Driveways serving parcels which are not considered a flag lot by the City Planning Department may be 10 feet wide when approved by the Fire Code Official.
(b) All curb cuts at entrances to driveways or other private ways shall be of sufficient width to permit safe travel by emergency vehicles at all times of the year. (c) Turnouts shall be designed and constructed every 400 feet along the driveway’s length or at the midpoint when the driveway is over 400 but not more than 800 feet in length.
(d) A turnaround shall be provided at all building or structure sites on driveways over 300 feet in length and shall be at 50 feet from the structure. Fire vehicle access road turnaround shall meet minimum requirement provisions listed in the 20162022 California Fire Code Appendix D.
(e) In addition, where applicable, all driveways shall conform to N.F.P.A. Standard 1141, the standard for planned building groups.

B. “Imposed Loads” is added after “Impairment Coordinator” to read as follows:

IMPOSED LOADS OF APPARATUS is a minimum of 40,000 pounds for a fire engine and 75,000 pounds for an aerial ladder fire truck.

C. “State Responsibility Area (SRA)” is added after “State-Owned/Leased Building” to read as follows:

STATE RESPONSIBILITY AREA (SRA) shall mean lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 to 4127; and the California Code of Regulations, Title14, Division 1.5, Chapter 7, Article 1, Sections 1220-1220.5 where the financial responsibility of preventing and suppressing forest fires is primarily the responsibility of the State of California.” G. Section 19.05.100 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.100 SECTION 304.1.2 IS AMENDED – VEGETATION.

Section 304.1.2 of Chapter 3 of the Fire Code of the city of Santa Cruz is amended to read as follows:

15.28 ORDINANCE NO. 2022-xx
6 304.1.2 – Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirements in urban-wildland interface areas shall be maintained around and adjacent to buildings and structures in accordance with California Code of Regulations, Title 19, Division 1, Section 3.07(b) Clearances, 20162022 California Fire Code Chapter 49, Public Resources Code Section 4291 requirements and the following: A firebreak shall be made by removing and clearing away, for a distance of not less than 30 feet on each side of the building or structure or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any building or structure.

15.29 ORDINANCE NO. 2022-xx
7 (c) The chief of the fire department, and its deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon private property for the purpose of destroying weeds.
(d) Any property owner shall have the right to abate such weeds themselves, or have the same abated at their own expense provided that such weeds shall have been destroyed or removed prior to May 15th and the arrival of the chief of the fire department or his/her agents or representative to abate them.
(e) Combustible rubbish which hampers or otherwise obstructs city weed abatement efforts may also be removed by the chief of the fire department or his/her agents or authorized representative at the owner’s expense under the reimbursement and collection provisions of this chapter.” H. Section 19.05.180 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.180 SECTION 403.1211 IS ADDED – SPECIAL REQUIREMENTS FOR PUBLIC

SAFETY, FIRE WATCH
Section 403.1211 of Chapter 4 of the Fire Code of the city of Santa Cruz is added to read as follows:
403.1211 – Special Requirements for public Safety, Fire Watch. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.1211.1.1 and 403.1211.1.2.”
I. Section 19.05.190 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.190 SECTION 503 IS AMENDED - FIRE APPARATUS ACCESS ROADS Section 503 of Chapter 35 of the Fire Code of the city of Santa Cruz is amended to read as follows:
503 Fire apparatus access roads.
503.1 Where required.

Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities.

15.30 ORDINANCE NO. 2022-xx
8 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

3. There are not more than two Group R-3 or Group U occupancies. 503.1.2 Additional access.

The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
503.1.3 High-piled storage.

Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32 of the California Fire Code. 503.2 Specifications.

Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through503through 503.2.8.
503.2.1 Dimensions.

15.31 ORDINANCE NO. 2022-xx
9 The required turning radius of a fire apparatus access road shall be 28 feet (8,534 mm) inside radius and 48 feet (14,630 mm) outside radius on all turns in the fire apparatus access road, unless otherwise approved by the fire code official.

The required turning radius of a fire apparatus access road shall be determined by the fire code official.
503.2.5 Dead ends.

Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces.

Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade.

Where required by the fire code official approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE (or similar language) shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by whichThe signs, notices, or markings designating fire lanes are designated shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads.

15.32 ORDINANCE NO. 2022-xx
10 Traffic calming devices shall be prohibited unless approved by the fire code official. 503.4.2 Vegetation clearance along access roads.

Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.

Exception: The restriction on use shall not apply to public officers acting within the scope of duty.
[B] 503.5.2 Fences and gates.

Every public and private school shall conform with Section 32020 of the Education Code which states:

15.33 ORDINANCE NO. 2022-xx
11 503.6 Security gates.

Section 507.1 of Chapter 5 of the Fire Code of the city of Santa Cruz is amended to read as follows:
507.1 – Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire flow requirements shall be calculated and determined as per the 20162022 California Fire Code Appendix B and BB. The minimum water supply for all new dwellings within State Responsibility Areas (SRA) shall be capable of supplying a flow of 500 gallons per minute for 20 minutes (10,000 gallons) for each parcel. Privately owned water that is not supplied by a licensed water purveyor shall: (1) serve no more than two dwellings and no more than 10,000 square feet of habitable dwelling space, and (2) be provided pursuant to a recorded covenant that runs with the land if the water supply originates from another parcel. If a water purveyor supplies the water, the applicant must submit with the building plan written verification from the licensed purveyor that the water supply meets the flow requirement.

Exceptions:

1. A 2% reduction will be allowed for flow supplied by approved stationary water tanks, to account for the nominal standardized capacity of such tanks.

2. The Fire Chief may reduce the flow requirement to 250 gallons per minute for 20 minutes by substituting approved enhanced access, defensible space, and/or ignition-resistant material requirements.”
K. Section 19.05.220 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.220 CFC SECTIONS 903.1 THROUGH 903.2.10.12 ARE DELETED AND REPLACED – AUTOMATIC SPRINKLER SYSTEMS.

Sections 903.1 through 903.2.10.12 of Chapter 9 of the Fire Code of the city of Santa Cruz are deleted and replaced to read as follows:
903.1 General. Automatic sprinkler systems shall comply with this section.

15.34 ORDINANCE NO. 2022-xx
12 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of automatic sprinkler protection where recognized by the applicable standard and approved by the fire code official. 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. 903.2.1 New Structures. An automatic fire sprinkler system shall be provided in all new occupancies as defined in Chapter 3 of the California Building Code, regardless of type of construction and/or floor area, unless otherwise pre-empted by the California Health and Safety Code. Any occupancy not specifically mentioned shall be included in the group that it most nearly resembles based on the proposed life and fire hazard.

3. Agricultural buildings as defined in Appendix Chapter C, of the California Building Code having a clear unobstructed side yard exceeding 60 feet (18,280 mm) in all directions, not exceeding 25 feet (7620 mm) in height and located within an Agricultural zoned district, as defined in the Santa Cruz County Planning Code.
a. Not exceeding 2,000 square feet (186 m2) or as exempted by the fire chief, shall not require fire sprinklers.
b. Exceeding 2,000 square feet (186 m2) but not exceeding 5,000 square feet, shall not require fire sprinklers at the discretion of the fire chief when the applicant demonstrates the applicant’s proposal does not increase the fire hazard or fire load. c. Greenhouses of non-combustible construction shall not require fire sprinklers.

1. Are already six thousand (6,000) square feet or greater in total floor area; or

15.35 ORDINANCE NO. 2022-xx
13 2. Will increase the existing square footage to greater than > (6,000) square feet in total floor area; or

3. Will increase the total floor area of a structure by 10% or more; or

Exceptions:

1. Group U occupancies not more than one thousand (1,000) square feet.

2. Group B and Group M occupancies not more than five hundred (500) square feet.

3. Group R-3 dwellings:
a) Where additions do not increase the total existing square footage by more than 50%. Or, b) Where alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent or more of the existing internal structural and/or non-structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this chapter. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.

5. Accessory Dwelling Unit constructed on lots with an existing non-sprinklered primary residence:
a) Attached to main residence and is less than or equal to 50% of the existing sq-ft. of the primary residence – fire sprinklers not required.
b) Detached from main residence– fire sprinklers not required.” L. Section 19.05.231 of the Santa Cruz Municipal Code is added as follows:
“”903.3.1.1.2 – Bathrooms. In Group R occupancies, sprinklers shall not be required in bathrooms that do not exceed 55 square feet (5 m2) in area and are located within individual

15.36 ORDINANCE NO. 2022-xx
14 dwelling units or sleeping units, provided that walls and ceilings, including the walls and ceilings behind a shower enclosure or tub, are of noncombustible or limited-combustible materials with a 15-minute thermal barrier rating.
“19.05.231 SECTION 903.3.1.1.2 IS DELETED – BATHROOMS.

Section 1103.5.45 of Chapter 11 of the Fire Code of the city of Santa Cruz is added to read as follows:
1103.5.45 Pyroxylin plastics. An automatic sprinkler system shall be provided in all existing buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved automatic sprinkler system capable of discharging 1.66 gallons per minute per square foot (68 L/min/m2) over the area of the vault.” O. Section 19.05.260 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.260 SECTION 3905.1.13 IS AMENDED – SAFETY SYSTEMS Section 3905.1.31 of Chapter 39 of the Fire Code of the city of Santa Cruz is amended to read as follows:
3905.1.31 – Operation. Activation of the gas detection system shall result in all of the following:

1. Initiation of distinct audible and visual alarm signals in extraction room.

2. Deactivation of all heating systems located in the extraction room.

3. Activation of the mechanical ventilation system, where the system is interlocked with gas detection.

4. De-energize all light switches and electrical outlets.

15.37 ORDINANCE NO. 2022-xx
15 5. For detection levels at or exceeding 25% of the LEL/LFL shall result in the activation of the building’s fire alarm system.”
P. Section 19.05.270 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.270 SECTION 4901.3 IS ADDED – REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS.

1. As determined by the Fire Code Official, construction requirements as identified in California Building Code, Chapter 7A, California Residential Code, Section R337 and California Referenced Standards Code, Chapter 12-7A shall apply to:
a) All new construction
b) All new materials used for additions and remodels.”
Q. The contents of Section 19.05.290 shall be deleted from the code and shall be demarcated as follows:
“19.05.290 RESERVED.”
SECTION 903.3.1.3 IS AMENDED – NFPA 13D SPRINKLER SYSTEMS.

Section 903.3.1.3 of Chapter 9 of the Fire Code of the city of Santa Cruz is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two-family dwellings; Group R-3; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D, and installation guidelines as promulgated by the Santa Cruz County Fire Chiefs Association.

R. SECTION 18. Section 19.05.310 of the Santa Cruz Municipal Code is amended to read as follows:
“19.05.310 CHAPTER 90 IS ADDED – SUPPRESSION AND CONTROL OF WILDFIRE RISK AREAS.

15.38 ORDINANCE NO. 2022-xx
16 prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire that might be caused by recreational, residential, commercial, industrial or other activities shall be in accordance with Chapter 90.
9002— RESTRICTED ENTRY. The fire chief shall determine and publicly announce when wildfire risk areas shall be closed to entry and when such areas shall again be opened to entry.

EXCEPTIONS: 1. Residents and owners of private property within wildfire risk areas and their invitees and guests going to or being upon their lands.

EXCEPTION: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the fire code official.
9005 — SPARK ARRESTERS. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within 200 feet (60, 960 mm) of wildfire risk areas, shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch (12.7 mm).
9006 SMALL UNMANEDUNMANNED AIRCRAFT. Small unmanned aircraft liable to start or cause fire shall not be possessed, flown, projected or caused to be projected into or across wildfire risk areas.

15.39 ORDINANCE NO. 2022-xx
17 9007 — OPEN-FLAME DEVICES. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon wildfire risk areas, except by permit from the fire chief.

EXCEPTION: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon wildfire risk areas.

EXCEPTION: Public officers acting within their scope of duty.

Motorcycles, motor scooters and motor vehicles shall not be operated within wildfire risk areas, without a permit by the fire code official, except upon clearly established public or private roads.

Damages caused by such fires shall constitute a debt of such person and are collectable by the fire chief in the same manner as in the case of an obligation under a contract, expressed or implied.”
SECTION 4. Chapter 19.10 of the Santa Cruz Municipal Code is hereby amended to read as follows.
“19.10.010 ESTABLISHED.

The geographic limits referred to in certain sections of the Fire Code of the city of Santa Cruz are hereby established as follows:

Establishment of limits of districts in which storage of flammable cryogenic fluids in stationary containers is to be prohibited. The limits referred to in Section 35065806.2 of the Fire Code of

15.40 ORDINANCE NO. 2022-xx
18 the city of Santa Cruz in which storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as the political boundary of the city of Santa Cruz.

Exceptions:

1. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-2 Zone with a Conditional Use Permit issued by the Planning Department.

2. The storage of flammable cryogenic fluids in stationary containers is allowed in an M-3 Zone.

Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 34045704.2.9.5.16 and 34065706.2.4.4 of the Fire Code of the city of Santa Cruz in which the storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is restricted are hereby established as the incorporated area of the political boundary of the city of Santa Cruz.

Exceptions: Such use is allowed in the following zoning districts:

1. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in A or A-1 Zones;

2. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in M-1, M-2 or M-3 Zones;

3. The storage of Class I flammable liquids or Class II combustible liquids in aboveground tanks outside of buildings is allowed in NR Zones.

19.10.020 GEOGRAPHIC LIMITS REFERRED TO IN CERTAIN SECTIONS OF THE 20192022 CALIFORNIA FIRE CODE.

The geographic limits referred to in certain sections of the 20192022 California Fire Code are hereby established as follows:

Section 5704.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): City of Santa Cruz.

Section 5706.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): City of Santa Cruz.

Section 5806.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): City of Santa Cruz.

Section 6104.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): City of Santa Cruz.” SECTION 5: Interpretation

15.41 ORDINANCE NO. 2022-xx
19 A. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this #
th day of [Month], 2022, by the following vote:

AYES:

NOES:

ABSENT:

15.42 ORDINANCE NO. 2022-xx
20 DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the
above and foregoing
document is the original of
Ordinance No. 2022-xx and
that it has been published or
posted in accordance with
the Charter of the City of
Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

15.43 City Council

AGENDA REPORT
DATE: 10/13/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Parks and Recreation
SUBJECT: Youth Well-being Snapshot – Status Update (PR) RECOMMENDATION: Accept report on the status of the youth well-being program snapshot.

BACKGROUND: In December 2021, the Santa Cruz City Council (City Council) adopted the first “Children and Youth Bill of Rights” (Bill of Rights). The Bill of Rights provides a foundation that makes children and youth a top priority for the City so that:
• They have a healthy mind, body, and spirit that enables them to maximize their potential. • They develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supporting adult.
• They have a safe and healthy environment, including homes, schools, neighborhoods, and communities.
• They have access to quality education that promotes future success in school, career, and life. • They have training in life skills that will prepare them to live independently, be self-sufficient, and positively contribute to their community.
• They have employment opportunities with protections from unfair labor practices. • They have freedom from mistreatment, abuse, and neglect. • They voice opinions in matters of interest, develop their leadership capacity and engage in their community.
• They feel supported by the larger community and maintain a sense of hope for the future. • They are encouraged to explore and express their innate curiosity and creativity.

City Council directed that Parks and Recreation staff develop and present a “state of youth” report in 2022 to establish baseline metrics associated with the Bill of Rights. The report is intended to be updated and utilized year-over-year to evaluate needs, impacts, and successes resulting from the City’s investment in Santa Cruz youth and commitment to the Bill of Rights.

For additional context and background, the Parks and Recreation Department (Department) provides a wide range of programs, services, facilities, and park amenities to serve children and young people. As such, the Department accepted the lead role to assemble the state of youth report.

Over the course of 2022, parallel to the work being done on the state of youth report and implementation of the Bill of Rights, the Department also served as the lead department and facilitator of the City’s Children’s Fund. The City’s Cannabis Tax “Children’s Fund” is a 20

16.1 percent set aside of the annual revenues collected from the cannabis tax. This amount increased from 12.5 percent following the passage of Measure A in November 2021. In addition to the increased set aside amount, Measure A also called for establishing a community oversight committee of the Children’s Fund to evaluate data and outcomes and make recommendations for future uses of the fund.

During late summer 2022, Department staff worked with a subcommittee of City Council members, Nicole Young with Optimal Solutions Consulting, and the City Manager’s Office to evaluate how the Bill of Rights, state of youth report, Children’s Fund, and community oversight committee will interact and be strategically poised for successful implementation in the future. A proposal for the creation of the community oversight committee will be heard at a future City Council meeting. The committee will oversee the allocation and performance of the Children’s Fund.

The City Council subcommittee and staff engaged through several meetings led by consultant Nicole Young to discuss desired goals, scope, and content of the state of youth report.

Alternatively, the report was also referred to as a “youth well-being snapshot.” While strong progress was made, the report has not yet been completed as many data sources identified through the process were collected within the timeframe of 2018-2020, and not necessarily reflective of the current state of youth. Numerous resources exist with a wide range of data pertaining to youth in California, Santa Cruz County, and the City of Santa Cruz. These range from resources published by state agencies such as California Department of Public Health, California Department of Education, and California Healthy Kids Survey, to resources offered by County and City agencies including the Santa Cruz County Office of Education annual report, Santa Cruz City Schools accountability report cards, the United Way of Santa Cruz County’s Youth Action Network reports, the Boys and Girls Club of Santa Cruz, Parks and Recreation annual reports, and more. Importantly, the subcommittee expressed a strong desire to ensure that youth voice was a key component of the process to ensure inclusivity, accuracy, and legitimacy of the state of youth report.

DISCUSSION: While significant progress on the state of youth report has been made, Parks & Recreation staff will continue its efforts and will ensure that data is clear, up-to-date, and wellstructured for the final draft report. Furthermore, as youth voice and involvement are critical components to the final report, staff commit to working with Santa Cruz City Schools, United Way’s Youth Action Network, and other organizations to ensure that both the content of the report and the information being used in the report are accurate, detailed, and fair in representing the state of Santa Cruz youth.

A working draft of the child and youth well-being snapshot developed by Nicole Young is attached with the staff report. This format is structured upon the ten items represented in the Bill of Rights. Staff will continue to build upon this model, will increase relevant and current sources of information, and will seek feedback from Santa Cruz youth to evaluate whether this format is appropriate and how to add meaningful feedback from children and youth. Staff expect to return to City Council in the spring of 2023 with a final draft report.

The request for the City Council, at this time, is to accept the update on the state of youth report/youth well-being snapshot, and provide direction as needed.

HEALTH IN ALL POLICIES:

16.2 The state of youth report is intended to serve as a performance measurement and reporting tool associated with key components of the City’s Health in all Policies framework. Specifically, the report will speak to aspects of health/wellness and equity as it relates to Santa Cruz youth.

Furthermore, the Bill of Rights and Children’s Fund are also rooted in equitable access and investment in the health and wellness of young people.

FISCAL IMPACT: $4,000 for consulting services provided by Optimal Solutions Consulting (Nicole Young).

Prepared /Submitted By:

Tony Elliot
Director of Parks &
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CHILD-YOUTH PROFILE.PDF

16.3 City of Santa Cruz Children’s Fund
Snapshot of Child & Youth Well-being

WORKING DRAFT
September 2022
Nicole Young, Optimal Solutions Consulting

16.4 2
Who lives in
the City of
Santa Cruz?
Child & Youth Population
Under age 25 (0-24 years), all jurisdictions
Child & Youth
Population
Under 5 years 5-17 years 18-24 years Total: 0-24
Total City/
County Pop N=
% City/
Co Pop N=
% City/
Co Pop N=
% City/
Co Pop N=
% City/
Co Pop
Santa Cruz (City) 65,011 2,045 3% 6,193 10% 20,873 32% 29,111 45% Capitola 10,090 371 4% 1,233 12% 807 8% 2,411 24%
Scotts Valley 12,055 613 5% 1,483 12% 1,350 11% 3,446 29% Watsonville 52,398 4,233 8% 11,793 23% 5,446 10% 21,472 41% Unincorporated 133,616 6,399 5% 17,923 13% 12,053 9% 36,375 27% Total SC County 273,170 13,661 5% 38,625 14% 40,529 15% 92,815 34% Source: U.S. Census Bureau (2016-2020). Sex by Age. American Community Survey 5-year estimates. Retrieved from https://censusreporter.org.

Child & Youth Population, by Age, Race, and Ethnicity
Percentage of the Total 0-24 Population, City of Santa Cruz only Race & Ethnicity
Under 5 years 5-17 years 18-24 years Total: 0-24
N= % N= % N= % N= %
American Indian and Alaska Native alone 36 .1% 58 .1% 115 .3% 209 .5% Asian alone 121 .3% 381 .9% 3,978 9.1% 4,480 10.3%
Black or African American alone 42 .1% 124 .3% 444 1% 610 1.4% Hispanic or Latino (of any race) 1,294 3% 4,449 10.2% 12,890 29.6% 18,633 42.8% Native Hawaiian and Another Pacific
Islander alone 0 0% 0 0% 18 0.04% 18 .04%
White alone, not Hispanic or Latino 770 1.8% 3,471 8% 10,161 23.4% 14,402 33.1% Another race alone 340 .8% 370 .9% 1,634 3.8% 2,344 5.4% Two or more races* 212 .5% 811 1.9% 1,796 4.1% 2,819 6.5% Total City SC 2,815 6.5% 9,664 22.2% 31,036 71.3% 43,515 100% Source: U.S. Census Bureau (2016-2020). Sex by Age by Race. American Community Survey 5-year estimates. Retrieved 2022. * Includes people who selected two or more race categories, according to the U.S. Census Bureau Note: Numbers may be greater than population totals in prior table due to multiple responses.

16.5 3
Who lives in
the City of
Santa Cruz?
Gender
Percentage of City’s 0-24 Population
Transgender Youth, by Gender and Grade Level
Santa Cruz City High School District, 2017-19
Grade Level
Female Male
N= %
Transgender
Female
Not
Sure
Transgender
Male
Not
Sure
Male 14,067 48% Grade 7 0% 1.3% 1.4% 2.2%
Female 15,044 52% Grade 9 1.4% 1.1% 1.7% 0%
Total City 0-24 pop 29,111 100% Grade 11 1.3% .4% 1.2% 2.9% Source: U.S. Census Bureau (2016-2020). Sex by Age.

American Community Survey 5-year estimates.

Retrieved from https://censusreporter.org.

Non-Traditional 0% 0% 0% 0%
Source: WestEd, California Healthy Kids Survey (CHKS) and Biennial State CHKS. California Dept. of Education (Aug. 2020). Retrieved from https://kidsdata.org.

Youth Sexual Orientation, by grade level (self-identified) Santa Cruz City High School District, 2017-19
Grade Level
Gay or
Lesbian Bisexual Straight
Something
Else Not Sure
Grade 7 2% 3% 84% 1% 5%
Grade 9 2% 5% 84% 2% 4%
Grade 11 8% 2% 80% 1% 5%
Non-Traditional 0% 15% 82% 0% 3%
Source: WestEd, California Healthy Kids Survey (CHKS) and Biennial State CHKS. California Dept. of Education (Mar. 2022). Retrieved from https://kidsdata.org.

Students Eligible for Free or Reduced Price School Meals Santa Cruz City Schools District, 2021
District N= % of Student Population
Santa Cruz City Elementary District 633 38%
Santa Cruz City High District 1,511 34%
Total 2,144
Source: California Dept. of Education, DataQuest; National Center for Education Statistics, Digest of Education Statistics (Aug. 2021). Retrieved from https://kidsdata.org. of City SC residents were born
in a country outside of the
United States.
27% 14%
of City SC residents ages 5 years and older
speak a language other than English at
home, with Spanish being the most
common (14%).

Language & Place of Birth

16.6 4
What do all
children and
youth in the
City of Santa
Cruz need to
thrive?
1) They have a healthy mind, body and spirit that enables them to maximize their potential.
2) They develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supporting adult.
3) They have a safe and healthy environment, including homes, schools, neighborhoods and communities.
4) They have access to quality education that promotes future success in school, career and life.
5) They have training in life skills that will prepare them to live independently, be self-sufficient and contribute to their community. 6) They have employment opportunities with protections from unfair labor practices.
7) They have freedom from mistreatment, abuse and neglect. 8) They voice opinions in matters of interest to them, develop their leadership capacity and engage in their community.
9) They feel supported by the larger community and maintain a sense of hope for the future.
10) They are encouraged to explore and express their innate curiosity and creativity.

Children & Youth Bill of Rights
(draft)

16.7 5
Children & Youth Bill of Rights
1) They have a healthy mind, body and spirit that enables them to maximize their potential.

Related CORE Condition & Community Impacts: Health & Wellness (HW) a. Equitable access to affordable, quality care
b. Appropriate utilization of care
c. Behaviors that maintain or improve health
d. Optimal health status
How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Children under age 19 who have
health insurance (ACS, 2018) HW (a) 96% 98% NA ↔ Age, gender Pregnant women who received
early prenatal care (CDPH, 2018-29) HW (b) 84% 89% NA ↑ Not available Babies’ Strong Start score, or
average number of “family assets”
that promote resilience (SSI, 2020)
HW (d) 9.2 9.3 9.7 ↓ City and Census
Tracts
Students who score in the Healthy
Fitness Zone on all six areas of the
physical fitness exam (CDE, 2019)
HW (d)
5th 23% 23% 23% ↓ Gender and
Race/Ethnicity
(County only)
7th 28% 30% 21% ↓
9th 33% 38% 50% ↑
Students who reported they did
not experience chronic sadness
or hopelessness (CHKS, 2017-19)
NT = Non-Traditional program
HW (d)
7th 70% 70% 79% ↔ District, Gender,
School Connect,
Race/ Ethnicity,
Parent Education,
Sexual Orientation
9th 67% 67% 73% ↔
11th 63% 63% 66% ↔
NT 70% 70% 41% ↓
Students who reported they did
not seriously consider attempting
suicide in the past year (CHKS,
2017-19)
HW (d)
9th 84% 88% 88% ↔ District, Gender,
School Connect,
Race/ Ethnicity,
Parent Education,
Sexual Orientation
11th 84% 88% 87% ↔
NT 83% 75% 77% ↔
Students who reported they did
not use alcohol or drugs (not
including cigarettes) in the past
month (CHKS, 2017-19)
HW (d)
7th 93% 94% 96% ↑ District, School
Connect, Race/
Ethnicity, Parent
Education, Sexual
Orientation
9th 85% 83% 81% ↑
11th 77% 73% 67% ↑
NT 71% 55% 29% ↓
Liquor store density
stores per 100,000 population
(U.S. Census, 2020)

10.6 15.2 NA

16.8 6
How are
the City’s
children and
youth doing in
key areas of
well-being?
Children & Youth Bill of Rights
2) They develop a healthy attachment to a parent, guardian, or caregiver and an ongoing relationship with a caring and supporting adult.

Related CORE Condition & Community Impacts: Community Connectedness a. Connection to others
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Students who have a high degree
of caring relationships with
adults at school (CHKS, 2017-19)
NT = Non-Traditional program
CC (a)
7th 34% 37% 35% ↓
District, Gender,
Race/ Ethnicity,
Parent Education,
Sexual Orientation
9th 67% 28% 31% ↔
11th 63% 32% 34% ↔
NT 70% 55% 49% ↑
CC (a)
7th
9th
11th
NT

16.9 7
Children & Youth Bill of Rights
3) They have a safe and healthy environment, including homes, schools, neighborhoods and communities.

Related CORE Condition & Community Impacts: Safe & Just Community (SJC) a. Individuals and families are free from all forms of violence b. Neighborhoods and communities are safe
How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Community members who felt
discriminated against based on
race/and ethnicity in the county
in the last 12 months (CAP, 2019)
CC (a) NA 46% NA NA
Students who were bullied or
harassed based on their race/
ethnicity one or more times in the
previous year (CHKS, 2017-19)
CC (b)
7th 16% 14% 11% ↔ District, Gender,
Disability,
Race/Ethnicity,
Religion, Sexual
Orientation
9th 14% 10% 13% ↔
11th 14% 8% 9% ↓
NT 9% 7% 9% ↔
Students who did not experience
cyberbullying in the previous year
(CHKS, 2017-19)
CC (b)
7th 73% 71% 74% ↓ District, Gender
School Connect,
Parent Education,
Race/Ethnicity,
Sexual Orientation
9th 76% 78% 76% ↓
11th 78% 85% 84% ↔
NT 86% 83% 67% ↓
Students who feel Very Safe or
Safe at school (CHKS, 2017-19) CC (b)
7th 61% 65% 67% ↓ District, Gender,
School Connect,
Parent Education,
Race/Ethnicity,
Sexual Orientation
9th 65% 65% 70% ↔
11th 54% 68% 70% ↔
NT 56% 86% 71% ↑
Students who do not consider
themselves gang members (CHKS,
2017-19)
CC (b)
7th 96% 97% 97% ↔ District, Gender
School Connect,
Parent Education,
Race/Ethnicity,
Sexual Orientation
9th 96% 97% 97% ↔
11th 96% 97% 98% ↔
NT 94% 93% 94% ↔
Trust in law enforcement CC (b)
City parks are accessible and safe
for all youth CC (b)

16.10 8
Children & Youth Bill of Rights
4) They have access to quality education that promotes future success in school, career and life.

Related CORE Condition & Community Impacts: Lifelong Learning & Education (LLE) a. Equitable access to high-quality education and learning opportunities b. Participation in education and learning opportunities d. Skills and educational achievement
e. Educational attainment and workforce readiness
How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Unmet need for subsidized child
care for children who are incomeeligible (ELNAT, 2018) LLE (a)
0-2
yrs
89% 78% 91% ↔
Zip code 3-5
yrs
49% 39% 54% ↓
3rd grade students meeting or
exceeding grade-level reading
standards (CAASPP, 2018-19) LLE (d)
49% 41% 49%* ↔
Gender, Eng
Learners,
Disabilities,
Homeless, Foster,
Migrant, Parent Ed,
Race/Ethnicity,
Socioecon
8th grade students meeting or
exceeding grade-level math
standards (CAASPP, 2018-19)
37% 35% 54%* ↑
Students who graduate high
school within four years of their
first enrollment in 9th grade
(DataQuest, 2020-21)
LLE (e) 88% 86% 92% ↔
Disabilities,
Gender, English
Learners, Foster,
Homeless, Migrant,
Socioecon
High school graduates who are
enrolled in higher education
(SCCOE, 2021)
LLE (c)
7th 61% 65% 67% ↓ District, Gender,
Parent Education,
Race/Ethnicity,
School Connect,
Sexual Orientation
9th 65% 65% 70% ↔
11th 54% 68% 70% ↔
NT 56% 86% 71% ↑

16.11 9
Children & Youth Bill of Rights
5) They have training in life skills that will prepare them to live independently, be self-sufficient and contribute to their community.
6) They have employment opportunities with protections from unfair labor practices.

Related CORE Condition & Community Impacts: Economic Security & Social Mobility (ESSM)
a. Increased economic vitality
b. Higher levels of self-sufficiency
How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Unemployed workers in civilian
workforce (CA EDD, July 2022) ESSM (a) 3.9% 3.7% 3%
Children under age 18 living
below federal poverty level (ACS,
2016-20)
ESSM (b) 17% 12% 12% ↓ Age, Gender, Race/
Ethnicity
Households with a broadband
internet subscription (ACS, 2016-
20)
ESSM (b) 89% 90% 92%

16.12 10
Children & Youth Bill of Rights
7) They have freedom from mistreatment, abuse and neglect.

Related CORE Condition & Community Impacts: Thriving Families (TF) a. Increased resilience of children and youth
How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact CA County SC City SC
City SC
Trend
Disaggregated
Data?
Substantiated child abuse rate,
cases per 1,000 children
(CWDRS, 2021)
TF (a) 6.3 2.0 ↓ NA Age, Race/
Ethnicity
Children ages 0-17 with 2 or more
adverse experiences (DHHS,
2016-20)
TF (a) 15% NA NA
Commercial sexual exploitation
of children

16.13 11
Children & Youth Bill of Rights
8) They voice opinions in matters of interest to them, develop their leadership capacity and engage in their community.

Related CORE Condition & Community Impacts: Community Connectedness (CC) & Healthy Environments (HE)
a. Increased civic engagement (CC)
b. Quality of natural environment and natural resources (HE) How are
the City’s
children and
youth doing in
key areas of
well-being?
Indicator (Measurement Period)
CORE
Impact County SC City SC
City SC
Trend
Disaggregated
Data?
Participation in government
(CAP, 2019) CC (a)
Town
meeting,
public hearing
38% ↓
NA Race/ Ethnicity
Political
advocacy
group
20% ↓
Protest/
demonst. 20% ↓
Communicate
with politician 33% ↓
Signed
petition 48% ↓
Residents who attended a
cleanup event, habitat
restoration, or active volunteer
day
HE (a)

16.14 12
How are
the City’s
children and
youth doing in
key areas of
well-being?
Children & Youth Bill of Rights
9) They feel supported by the larger community and maintain a sense of hope for the future.
10) They are encouraged to explore and express their innate curiosity and creativity.

16.15 13
How much is
the City
investing in
child and youth
well-being? Sample Children & Youth Fiscal Map – City of New Orleans New Orleans uses this tool to answer critical questions such as:
• How much is my city investing in our youth per capita? • How much is the City investing in prevention programs (i.e. services focused on risk reduction and healthy development) vs. intervention (programs that aim to reduce/reverse harmful behaviors)? • How has the City's investments in children changed since 2020? • How much money is the City spending on youth and children?

16.16 14
What is the
impact of the
City’s
investments in
child and youth
well-being?

16.17 Data Sources
15 16.18
City Council

AGENDA REPORT
DATE: 10/12/22
AGENDA OF: 10/25/2022
DEPARTMENT: Economic Development
SUBJECT: Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED)
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance establishing a permanent parklet program citywide; and 2) Direct staff to bring the Parklet Guidelines and Parklet Fee Schedule for adoption at the November 15, 2022 City Council meeting; and
3) Direct staff to coordinate with the Coastal Commission and process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under Chapter 5.83 of the Santa Cruz Municipal Code (SCMC); and
4) Direct staff to initiate the process of repealing SCMC Section 24.10.2341 "Outdoor Curb Extension Area" pursuant to SCMC Chapter 24.06.

BACKGROUND: In light of the devastating impacts that the pandemic has had on the local economy and for locally owned businesses in particular, the City Manager, acting in his capacity as the Emergency Services Director, issued two related Executive Orders to establish the Temporary Outdoor Expansion Program (temporary program) to address the ability for businesses to expand commercial activity in the public right of way and other outdoor spaces (Executive Order 2020-11 executed on June 4, 2020 and Executive Order 2020-15, issued on July 30, 2020). On December 8, 2020, the City Council adopted Emergency Ordinance 2020-27, incorporating the earlier Executive Orders allowing for the outdoor expansion of commercial activity in the public right of way and other outdoor spaces and extending the timeframe to October 1, 2021.

On June 3, 2021, Governor Newsom sent a letter urging local jurisdictions to consider extending existing programs and zoning that allow outdoor expansion areas among other options until December 31, 2021. In response to the Governor’s letter and the ongoing impacts to business from COVID restrictions these conditions, on June 22, 2021, the City Council adopted Emergency Ordinance No. 2021-14, which extended Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity through December 31, 2021.

17.1 Cognizant of the prolonged negative impacts to local businesses, the City Council on November 9, 2021 adopted an uncodified Ordinance No. 2021-21, further extending the temporary program through December 31, 2022.

At the August 24, 2021 City Council meeting, Council directed staff to start working on any necessary revisions to the Municipal Code for future Council consideration to reflect the desire to expand outdoor dining in private and public on-street parking (parklets) citywide. Staff was directed to finalize the revisions to the parklet design guidelines including approved parklet designs and materials, safety features, accessibility requirements, and lighting and shade materials and to propose revisions to the fee structure for parklets and private outdoor dining.

Staff was additionally directed by Council to evaluate the potential to waive, modify or offset fees on an appropriate time scale to facilitate pandemic business recovery.

DISCUSSION: The work to adopt permanent outdoor dining programs has been divided between two different types of outdoor dining: parklets (outdoor dining in public on-street parking spaces) and private property outdoor dining. The following staff report and ordinance pertains to outdoor dining in public on-street parking spaces only. Private property outdoor dining is the subject of a separate staff report and recommendations for Council consideration.

Following Council direction in August 2021, Economic Development (ED) staff has been working to develop a parklet ordinance and program that allows temporary outdoor dining areas in public on-street parking spaces to remain in place and establishes clear guidelines for safety, design, and operations to guide the transition from temporary to permanent use and establishes a permanent parklet program citywide going forward.

This work has involved researching the development of permanent parklet programs in other communities, conducting outreach to businesses, and working interdepartmentally to discuss how to bridge our existing programs and improvements that could be made to transition from the temporary program into a revised streamlined and cost effective permanent parklet program.

Parklet Ordinance & Program:

ED has been working to develop a permanent Parklet program ordinance and design guidelines to transition from the Temporary Outdoor Expansion Program. The ordinance has been developed and reviewed in coordination with the City Attorney’s office and the interdepartmental parklet team from the Fire, Police, Public Works (PW), and Planning and Community Development (Planning) Departments.

ED staff has conducted business and community outreach on the parklet program and ordinance development since early 2021 through surveys, conducting feedback meetings through the Downtown Association and with temporary parklet operators once draft preapproved designs and design guidelines were prepared. Staff has also participated in group discussions with regional cities with outdoor dining programs to share best practices and lessons learned. Additionally, staff has been meeting one on one with businesses to discuss needs, considerations, impacts, and unique circumstances related to outdoor dining and the temporary program.

Staff has also consulted with the Downtown Commission’s (DTC) parklet Ad Hoc Committee (Commissioners Brennan, Davis, and Ferrara) initially established at the October 15, 2020 and

17.2 reactivated twice over the last two years. Current Commissioners reviewing the latest recommendations include Commissioners Ferrara, Brennan and Kelly.

Staff provided an update on the parklet ordinance to the DTC at their September 22, 2022 meeting, the commission recommended that the City Council approve an ordinance to establish a permanent parklet program citywide, levy fees for parking meter revenue replacement in the parking district and adopt an extension of Ordinance 2021-21 to extend the temporary outdoor expansion program until March 31, 2023. The Downtown Commission also directed the Parklet Ad Hoc Committee to work with staff on the parklet program details including the parklet fee issue, the potential use of parklet space by retail and other downtown business uses, forgivable loans and possessory interest tax and to report back to the Downtown Commission at the next scheduled meeting. Staff met with the Parklet Ad Hoc Committee to discuss the details of the ordinance and program. Overall, the committee was supportive of the draft parklet ordinance and guidelines with two members expressing desire to be able to review and provide feedback on the full details of the pre-approved designs and partially forgivable loan program before consideration of the ordinance by City Council.

Staff is preparing to bring the pre-approved designs and loan program for Council consideration at the November 15, 2022 meeting. Staff will continue to meet with the Committee to provide more program details as they become available. Staff also presented the parklet ordinance to the Transportation Public Works Commission at their October 17, 2022 meeting and received a unanimous recommendation to City Council to adopt the ordinance, levy fees, and extend the temporary program until March 31, 2023 for parklets.

Parklet Ordinance:

The parklet ordinance sets out the framework for the parklet program and establishes the parklet guidelines, permit requirements, operating standards, and enforcement mechanisms. The permanent parklet ordinance establishes a staff level permitting process through the Economic Development Department to review and approve permit applications for permanent parklets citywide which will require annual permit fees, operational requirements, and annual inspections for compliance. Prior to the pandemic and the temporary program, parklets were limited only to side streets in Downtown, due to the success of the temporary program that operates citywide, the new ordinance will maintain this expansion of parklets throughout the City. To date, there are a total of 35 active temporary parklets: 26 in the Downtown, 8 in the Beach area and Wharf, and 1 on the Westside.

The parklet ordinance limits the use of parklets to only food and drinking establishments. While the temporary program allowed retail and personal services to operate a temporary parklet during the pandemic, there has been limited use with only one retail business operating in the temporary Cathcart Street road closure and one other retailer expressing interest in potentially using a parking space for classes and events. Retailers have expressed more interest in use of the sidewalk instead of a parklet because it is easier to staff and monitor right outside their doors.

With limited interest from non-food and beverage businesses, staff recommends limiting the program to apply to food and beverage business activity only.

The parklet guidelines stay consistent with many of the requirements from the temporary program but provide some substantial changes to strengthen the accessibility, safety, and aesthetics of the parklets that are allowed as a long-term permitted use. The temporary parklets have been regulated with the expectation that they would not be permanent structures which

17.3 resulted in some limited short-term exceptions from building, fire, and public works regulations mandated by the state and consistent with safety best practices. In allowing parklets on a more permanent basis, it is necessary to address these limited exceptions. Some examples of these changes include setbacks within the parking spaces, removal of temporary membrane structures (tents and canopies), vector control measures, and installation of permanent safety barriers rather than the water filled barriers previously provided by the City.

Parklet Guidelines & Design Options:

The parklet guidelines (see attachment “Draft Parklet Guidelines") were developed through review of the regulations for the parklets that were allowed prior to the pandemic downtown and added criteria based on the operation of parklets under the temporary program. The interdepartmental staff team provided input on the requirements specific to traffic engineering, accessibility, building code, and fire code requirements. Staff conducted outreach on the draft parklet ordinance and guidelines in May 2022 to receive feedback from businesses through an online public meeting and conducted an online survey following the meeting. Over 60 responses were received and helped inform modifications for the final ordinance language and design and operations guidelines.

Under the permanent program, businesses will be able to apply for two parking spaces to be used for a parklet, although exceptions may be made for additional spaces depending on site specifications. Businesses will be able to construct a parklet using a wood, concrete, or other sturdy material base to construct a platform for the parklet that is level with the sidewalk and maintains storm drain clearance. The parklet program design guidelines provide specific information about the height of perimeter walls, use of lighting, shade cloths, umbrellas, and heaters. Staff is providing the draft guidelines for review at the October 25 City Council meeting and proposes to bring the final guidelines for adoption by resolution at the November 15, 2022 City Council meeting.

Under the temporary program, businesses have made a variety of investments for parklets, with some businesses building full parklet structures and others building only some or minimal components to be operable as a temporary parklet. Under the permanent parklet ordinance, the businesses will be able to apply for a parklet permit to either retrofit their existing temporary parklet, use a pre-approved design the City has developed, or design a custom parklet.

Businesses wanting to retrofit their temporary parklets will request an inspection from staff of their existing parklet for compliance with guidelines and will be required to submit a plan showing how the parklet will be modified for approval with their application. The application review is streamlined for the pre-approved designs and some retrofits depending on the level of improvements needed and will be reviewed for site specific conditions by PW and ED. Out of necessity, custom designs will require full plan review under the parklet permit process which will include review by ED, PW, Planning, and Fire.

Staff has been working with local landscape architecture firm, Dillon Design Associates, to create two pre-approved design options and cost estimates that would allow a business to utilize design and construction drawings drafted by licensed design professionals to reduce the design time for development of their parklet. Staff presented the draft pre-approved design options in the public meeting which ranged in cost between $50,000 to $75,000. Businesses provided feedback in the meeting and in the follow-up survey that the consultant estimated costs were prohibitively expensive. In response to that feedback, staff has been working with the designers to revise the pre-approved designs to provide lower cost options and take into consideration

17.4 design preferences and the desire for many to be able to have more customization of colors and materials within the pre-approved designs.

Staff has also incorporated more detail in the permitting and review process for custom designs to clarify that businesses are not limited to only the pre-approved designs, however the preapproved designs will have the most streamlined review process and custom designs will incur hourly charges for review. Additionally, staff has been developing a parklet loan program, with up to 50% of the loan forgivable over a five-year period. ED staff intends to bring the preapproved design details and cost estimates, as well as details on the loan program to the November 15, 2022 City Council meeting for review and approval.

Parklets in the Coastal Zone:

Following a recommendation by the City Council, staff will coordinate with the California Coastal Commission (CCC) to process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under SCMC Chapter 5.83. Use of a parking space for commercial activity constitutes "development" under the Coastal Act and triggers the need for a Coastal Permit.

Transition Period to Permanent:

With the temporary program currently set to expire December 31, 2022, staff recommends an extension of the temporary program through the end of March 2023 to provide an additional transition and overlap period between the temporary and permanent program and allow time for interested businesses to submit an application to the City for a permanent parklet. This recommendation to extend the temporary program is a consideration to extend the existing temporary program ordinance and will be discussed and considered separately on the same agenda at the October 25, 2022 City Council meeting.

All eligible businesses that want to operate a permanent parklet will be required to apply for a permanent parklet permit under the new program. Businesses operating existing temporary parklets will be permitted to keep their temporary outdoor dining in place while their permits are under review and they prepare for construction or retrofit, regardless of the proposed temporary program expiration, provided they have submitted an application prior to the March 31, 2023 expiration date.

Parklet Program Application Process and Fees:

The following is a summary of the application and permitting process for the permanent parklet program:

1. Businesses will complete a parklet permit application to either request permanent approval of their existing temporary parklet in compliance with the permanent guidelines or to propose new construction of a parklet using a preapproved or custom design with the following information:
a. Basic Business Owner & Property Owner Information
b. Drawing of the parklet area by a licensed design professional showing:
a. Location of parklet on the street, relationship to sidewalk, dimensions of parklet, and entrances/exits.
b. Layout of all parklet furniture, fixtures, signage, support posts, lighting, plantings, trash receptacles, etc.
c. Letter of approval from neighbors if parklet encroaches on adjacent business’ frontage.

2. Staff will review the application to approve or request modifications consistent with the ordinance and guidelines.

17.5 3. Once application is approved, staff will issue the parklet permit that outlines annual fees, standard operational requirements, and annual inspection.

4. Once the permit is issued, businesses will begin construction of their new parklet or modifications to their existing parklet and staff will complete a final inspection to issue a certificate of approval prior to operation of the permanent parklet.

Staff intends to bring the parklet fee schedule for Council review and approval at the November 15, 2022 City Council meeting. The proposed fee schedule includes the following:

1. Application Fee:
a. Preapproved and Retrofitted Parklet: $500 or
b. Custom Design Parklet: $500 plus additional actual costs relating to processing the permit will be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

2. Economic Development Parklet Annual Inspection Fee (beginning year two of each permit): $250

3. Annual Permit Fee:
a. Annual Permit Fee for Metered parking spaces: $2,000 per space b. Annual Permit Fee for Unmetered parking spaces: $5.88 per square foot, or equivalent to roughly $1,000 per space

4. Appeal Fee: $519

5. Additional Costs: To be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

The annual fees for parklets at metered spaces citywide are collected as parking meter revenue replacement set at $2,000 per space annually with the ability to modify the fee depending on rate changes and actual revenue per space data. The $2,000 annual fee is equivalent to about $5.50 of daily revenue per parking space. The fees charged in the parking district Downtown would be received by the parking district fund, any parklets approved on the Wharf would be received by the Wharf fund and all other meter locations would be received by the general fund.

Parklets in unmetered spaces would be charged an annual fee set at $5.88/sf, the same fee charged to existing café extension licensees for sidewalk dining. A typical parklet is around 350 square feet for two spaces which would result in an annual fee of approximately $2,058. While this amount is about half the annual fee for a metered parklet, the unmetered spaces are not collecting revenue and the intent of the fee is to recover the value for a private business to lease the public area for commercial use rather than recovering meter revenue replacement. Staff is also proposing a $250 annual renewal fee which would begin the second year of each permit and includes the cost for Economic Development staff to conduct annual inspections of parklets for compliance with the operational requirements.

Staff has provided a summary of Bay Area Cities Parklet Programs which includes information about the permit process and fees as a comparison. The City’s fees are comparable, but still below those charged by the City of Capitola and the City and County of San Francisco. The City of Burlingame’s annual fees are higher than the proposed fees for the City of Santa Cruz’s program when the monthly cleaning fee is combined with the annual per space fee.

Based on interest of existing temporary program permit holders, staff anticipates up to 28 downtown businesses will participate in the permanent program, utilizing an estimated 56

17.6 parking spaces. There are currently four businesses outside of the downtown utilizing parklets; two in metered spaces and two in unmetered spaces.

Staff has reviewed the potential to waive, modify, or offset fees and seeks further Council direction in this area. The temporary program has operated for just over two years at no charge to the participating businesses as a resource for business recovery during the pandemic and staff time has not been accounted for in the implementation and management of the program. With the transition to the permanent program, the proposed program fees go towards the ongoing staff time to review and approve applications and the revenue replacement for the annual use of the parking spaces. From staff’s review of Bay Area cities’ programs, many jurisdictions are charging their full annual fees with some providing one-time waivers of application fees for businesses operating temporary parklets. While staff would like to recommend a first-year waiver of fees, we recognize the impact to the General Fund, parking fund and wharf funds are significant, totaling approximately $121,755 per year. A further discussion and recommendation on fee considerations will be provided to Council for discussion and consideration at the November 15th Council meeting.

FISCAL IMPACT: The creation of the permanent parklet program will result in minimal replacement revenue to the parking district and general fund. Based on interest of existing temporary program permit holders outside of the Coastal Zone, staff anticipates up to (28) businesses will participate in the permanent program utilizing an estimated fifty-six (56) parking spaces located in the Downtown parking district and one (1) business operating in unmetered spaces. The City would generate an estimated annual revenue of $121,755, minimally covering lost metered space revenue and staff related expenses to process permits and annually inspect parklets.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Economic Development and
Housing Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Ordinance

2. DRAFT Parklet Permit Guidelines

3. Summary of Bay Area Cities Parklet Programs

17.7 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 5.83 “PARKLETS” TO THE SANTA CRUZ MUNICIPAL CODE
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions and later adopted Ordinance 2021- 14 on June 22, 2021, extending the expiration date for temporary outdoor expansions to December 21, 2021; and
WHEREAS, between June 2020 to today, over 100 businesses within the city of Santa Cruz have utilized the temporary outdoor expansion program for dining ; and WHEREAS, on August 24, 2021, the City Council directed staff to develop a program for permanent outdoor dining; and
WHEREAS, the proposed program for permanent parklets is intended to repeal SCMC

24.10.2341 governing outdoor curb extension areas and be replaced by adopting SCMC Chapter

5.38 with new standards and regulations to allow for parklets in the public right-of-way citywide; and
WHEREAS, with these new standards and regulations, the city of Santa Cruz aims to allow for streamlined approval of prototype street dining decks and aims to balance the desire for permanent outdoor dining in the public right-of-way with adequate public parking; and WHEREAS, the proposed addition of SCMC Chapter 5.38 to allow for permanent outdoor dining in the public right-of-way is exempt from the provisions of the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, sections 15301 and 15311.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1. Chapter 5.83 of the Santa Cruz Municipal Code is added as follows:
“Chapter 5.83 PARKLETS.

5.83.010 - Purpose.

The purpose of this chapter is to create design and operating standards and permit requirements for outdoor dining in the public right-of-way in order to enhance the pedestrian ambiance of the

17.8 city’s commercial zone districts, encourage a sense of community, and foster economic development.

5.83.020 - Definitions.
(a) Business. “Business” means the business located on the property adjacent to the parklet. (b) Business Owner. “Business owner” means the owner of the business which is located on the property adjacent to the parklet.
(c) City. “City” means the city of Santa Cruz.
(d) Code. “Code” means the city of Santa Cruz Municipal Code, as may be amended. (e) Parklet Guidelines. “Parklet Guidelines” mean the standards and requirements promulgated by the Director of Economic Development consistent with this chapter regarding: parklet permitting, parklet design, size and location, fixtures and seating requirements, construction, operation, maintenance, relocation, removal, traffic and pedestrian safety and ADA accessibility.
(f) Director of Economic Development. “Director of economic development” means the director of economic development of the city of Santa Cruz or their designee. (g) Independent Hearing Officer. “Independent hearing officer” means the person designated by the city manager, or the city manager’s designee, to conduct an impartial hearing of an appeal under this chapter.
(h) Operating Standards. “Operating Standards” means the operating standards applicable to the parklets for its operation and maintenance as set forth in section 5.83.070 of this chapter, and as further specified in the Parklet Guidelines. (i) Parklet. “Parklet” means a street dining deck or similar level surface within the public right-of-way that extends beyond the curb and/or into a roadway or on-street parking area for use by an adjacent business as an outdoor dining area. (j) Parklet Permit. “Parklet permit” means the permit required prior to the construction, installation, final inspection and issuance of a certificate of approval, to authorize the use of the parklet as an outdoor dining area.
(k) Permit Officer. “Permit officer” is the city employee designated by the Director of Economic Development to issue the parklet permit under this chapter. (l) Platform. “Platform” is a street dining deck that functions as the floor of the parklet. (m)Property Owner. “Property owner” means the owner of the property where the business is located.

17.9 (n) Public right-of-way. “Public right-of-way” means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of Santa Cruz and in its jurisdiction.

5.83.030 - Applicability.

No person or entity shall construct, reconstruct, operate, modify, repair, maintain, relocate, or remove a new or existing parklet within the public-right-of-way, unless a parklet permit has been obtained or as otherwise required pursuant to this chapter.

5.83.040 - Parklet Guidelines
The applicant must comply with the guidelines, policies, and procedures for parklets promulgated by the Director of Economic Development consistent with this chapter, which include but are not limited to: parklet size and location, parklet construction requirements, traffic and pedestrian safety concerns, design features, platform size, platform safety, furnishing standards, and ADA accessibility.

5.83.050 - Parklet Permit Requirements.
(a) Application Process. Prior to issuance of a parklet permit, the business owner must complete a parklet permit application. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the parklet guidelines.
(b) Parklet Permit Application Fee. An application for a parklet permit shall be accompanied by a nonrefundable permit application fee in an amount approved by the city council. (c) Contents of Parklet Permit Application. The parklet permit application shall be submitted by the business owner, with written permission from the property owner, and filed with the economic development department on a form as approved by the economic development director, which shall require the applicant business owner to provide the following information:
(1) Name and address of the property owner and business owner. (2) The lease term, if applicable, of the business intending to operate the parklet. (3) A drawing of the proposed parklet design that complies with the parklet guidelines. (4) Other information that is required by the parklet guidelines and as may be required by the Economic Development Department related to the parklet consistent with this chapter, and in the interest of public health, safety, and welfare. (d) Other Applicable Requirements. The following conditions of approval shall apply to all parklet permits:
(1) Comply with fire, safety, and emergency access requirements; (2) Comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 120101 et seq.) or successor statute, applicable labor laws, and all applicable health and safety requirements; (3) Agree to comply with the operating standards set forth in section 5.83.070 of this chapter;

17.10 (4) Provide proof of satisfaction of the insurance requirements as established by the city;
(5) Agree to indemnify, defend, and hold harmless the city and designated city agents for any claims arising out of the use, accessibility, and operation of the parklet or in any way related to the parklet permit;
(6) Present a valid city business license issued pursuant to chapter 5.04 of this code; (7) Demonstrate compliance with all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages, if applicable;
(8) Obtain all other applicable city permits, including but not limited to a concrete permit, an electrical permit, as part of the approval process for the parklet permit; and any other applicable regulatory approvals required by local, state, or federal agencies; and
(9) Comply with any additional conditions and restrictions as the permit officer deems necessary for the enforcement and administration of this chapter and to protect the public safety, health, welfare and enjoyment.
(e) Term of Parklet Permit. Unless otherwise indicated in the parklet permit, the term of the parklet permit shall be for one year. The parklet permit shall automatically renew on an annual basis upon inspection by the permit officer verifying permittee’s compliance with this chapter, unless written notice is provided by either the permittee or the city of the intent to terminate the parklet permit at least 120 days prior to the renewal date. Notwithstanding this annual renewal, the permit officer may require removal of the parklet pursuant to section 5.83.090, or may suspend, revoke, or deny the reissuance of a permit for any of the reasons set forth in 5.83.100.
(f) Annual Parklet Permit Fee. The permittee shall be charged a nonrefundable annual parklet permit fee in an amount approved by the city council.
(g) Modifications to Parklet. No modifications to the parklet after issuance of the parklet permit are allowed unless a new parklet permit application is submitted, and is reviewed and approved by the permit officer.

5.83.060 - Permit Approvals and Denials.
(a) Review Process. The department of economic development in consultation with the department of public works, fire department, and any other city department, as needed, shall review the parklet application to ensure compliance with the parklet guidelines and applicable laws consistent with this chapter.
(b) Decision. The permit officer shall approve, conditionally approve, or deny a complete application for a parklet permit.
(c) Required Findings. The parklet permit may be approved or conditionally approved by the permit officer based on findings that the application meets all of the following requirements:
(1) The application is deemed complete;

17.11 (2) The proposed parklet complies with all applicable parklet guidelines; (3) The applicant has agreed in writing to comply with the terms and conditions of the permit;
(4) All applicable fees have been paid;
(5) All other applicable requirements of this chapter have been satisfied; (6) The proposed construction plan and schedule will not unduly interfere with the public’s use of the public right-of-way;
(7) The proposed parklet is in compliance with all applicable local, state, and federal laws and regulations; and
(8) The proposed parklet does not pose a threat to public health, safety or welfare. (d) Conditional Approvals; Denials without Prejudice. Nothing in this chapter is intended to limit the ability of the permit officer to conditionally approve or deny without prejudice any application for a parklet permit as may be necessary or appropriate to ensure compliance with this chapter.
(e) Notice of Decision. The permit officer shall notify the applicant of the decision rendered on the parklet permit electronically by email or by first class mail. The decision notice shall include any conditions of approval or any reasons for denial. (f) Approval to Construct Parklet and Certificate of Approval. (1) The approval of the parklet permit authorizes the applicant to construct and install a parklet with a licensed contractor. The parklet permit may be revoked if construction does not begin within one year of the permit’s issuance absent a showing of good cause as determined by the city’s parklet guidelines.
(2) Upon completion of the construction and installation of the parklet, and satisfaction of a final inspection by the city and compliance with applicable building and health and safety requirements, the city will issue a certificate of approval. A certificate of approval shall be required before a parklet can be occupied or used. (3) The parklet permit may be revoked if the parklet does not pass final inspection, does not meet the requirements for a certificate of approval, and permittee does not correct the deficiencies in a timely manner as required by the city. (g) No Possessory Interest. The parklet permit grants the permittee a non-transferable revocable license to construct a parklet and operate in the parklet located in a designated encroachment area within the public right-of-way. The parklet permit does not entitle the permittee to any vested property rights or possessory interests. Compliance with the requirements for a parklet permit will not require approval of a separate encroachment permit under chapter 15.34.
(h) Non-Transferable. Parklet permits are not assignable or transferable. A new parklet permit shall be required whenever the permittee is no longer associated with the operation or ownership of the parklet; or the permittee is deemed to have abandoned the parklet; or the parklet permit has been revoked.

17.12 5.83.070 - Operating Standards.
(a) Parklets shall comply with all operational requirements set forth in the parklet guidelines, including but not limited to:
(1) Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.
(2) Outdoor dining is the only activity allowed in the parklet consistent with the business’ regular hours of operation; and in no event past 11:00 p.m. Parklets shall be closed or gated when not in use.
(3) Live entertainment and amplified sound is prohibited within the parklet. (4) Only those licensed by the Alcohol Beverage Control Board of the State of California and approved by the city may serve and allow on-premise consumption of alcoholic beverages in the parklet.
(5) Outdoor food preparation including but not limited to hotpots, barbecues, or other heating of food, is prohibited in the parklet. Open flame cooking is prohibited in the parklet.
(6) The permittee shall maintain the parklet and parklet area in a clean, sanitary, and attractive condition at all times. Elements that are visually or structurally degraded shall be replaced expeditiously.
(7) Parklets shall be maintained free of litter, refuse and debris. The permittee is responsible for furnishing and servicing at least one permanent trash receptacle in the parklet.
(8) The parklet platform shall be scrubbed and mopped daily to remove any food or drink stains. All cleaning shall be in accordance with the City’s Storm Water Best Management Practices.
(9) Permittee shall maintain and repair the parklet at its sole expense during its placement in the public right-of-way.
(10) The business owner shall submit a trespass Letter of Authority with the Santa Cruz police department prior to operation of the parklet. (11) Patrons of the parklet shall not be permitted to sit on or place food or drinks on the edges or railings of the parklet.
(12) Smoking is prohibited within parklets.
(b) Permittee must correct any failure to comply with any of the operational requirements or other parklet guidelines within a reasonable time period as specified by the city’s notice to take corrective action. If permittee fails to comply within the specified time the city may take any action it deems necessary, which may include the city performing the corrective action and charging permittee for any associated costs, including administrative costs and attorneys’ fees; and the city’s right to revoke the parklet permit. Permittee has the burden to demonstrate compliance with this chapter.

5.83.080 - Inspection by Officials
(a) The parklet shall, at a minimum, be inspected annually by the economic development department, or other enforcement officials as necessary, for compliance with this chapter, any regulations promulgated pursuant to this chapter, and any permit conditions, to ensure that the parklet is maintained in good condition and does not create a nuisance to pedestrians or adjacent businesses. The city may conduct periodic safety inspections of the

17.13 parklet and reserves the right to require adjustments or modifications to the parklet, or removal of any parklet elements, if the city, in the city’s sole discretion, determines that such elements are unsafe, poorly designed, create access issues, pose a public nuisance, pose a threat to public health, safety, or welfare, or do not comply with the permit conditions of approval.
(b) The permittee shall be charged an inspection fee as set by council resolution for inspections conducted pursuant to this chapter.

5.83.090 - City Authority and Removal of Parklet.
(a) The City shall at all times retain exclusive authority over the public right of way, including the parklet. The city shall have the right to perform any and all acts of construction and maintenance in the public right of way, including the parklet to advance public health, safety or welfare.
(b) The permittee, at their own expense, shall temporarily or permanently remove all parklet improvements and shall restore the public right-of-way to the standards of the public works department if one or more of the following circumstances exist:
(1) Upon reasonable prior notice to the permittee by the city, if the city determines that temporary or permanent removal is necessary for utility repair and maintenance, streetscape, for other improvements within the parklet location, or for any other reason that is in the interest of public health, safety, or welfare; (2) If the business ceases operation and/or if the parklet remains inactive or abandoned for a continuous period of 6 months or more within a one-year period; or (3) Upon the expiration, termination or revocation of the parklet permit. (c) In the case of situations involving immediate peril or hazard to the public health, safety or welfare based on the city’s discretion, the city may require permittee to remove the parklet and the city may also remove any of the parklet improvements without prior notice to the permittee. The permittee is responsible for the costs of removal, and the costs of reinstalling the parklet and restoring any damage to the parklet improvements if the city approves re-installing the parklet after the peril or hazard is no longer present.

5.83.100 - Denial, Suspension or Revocation of Parklet Permit. (a) The permit officer may deny, suspend or revoke the parklet permit or application for the parklet permit if one or more of the following circumstances exist:
(1) The applicant submits an incomplete application;
(2) The applicant has made a false, misleading, fraudulent or material misrepresentation in their application for a permit, in the information required to be submitted to the city, or in response to inquiries by the city; (3) The applicant has failed to obtain permission from the property owner to operate the parklet;
(4) The permittee expanded or altered the parklet from what was set forth in the parklet permit;
(5) The parklet has been abandoned for a continuous period of 6 months or more within a one-year period;

17.14 (6) The permittee fails to comply with any of the provisions of this chapter; (7) The parklet has become a host for a public nuisance or illegal activity or, poses a threat to public health, safety or welfare;
(8) The permittee has been issued a notice of violation or citation associated with the business or parklet;
(9) The permittee has violated local, state or federal law; (10) The permittee has breached any condition, requirement, or restriction of the parklet permit;
(11) Utility repair and maintenance, streetscape, utility or other improvements within or adjacent to the parklet are required, making the parklet not practical or feasible;
(12) The parklet interferes with a city project which seeks to protect and promote public health, safety and welfare; or
(13) The parklet interferes with vehicular or pedestrian use of the public rightof-way. (b) If the permit officer denies, suspends or revokes a parklet permit, the permittee shall be informed in writing of the grounds for denial, suspension, or revocation, within ten (10) calendar days of such determination and the permittee shall cease operations in accordance with the notification provided to the permittee.

5.83.110 - Appeal Procedure.
(a) The permittee may appeal a decision of the permit officer to deny, revoke, or suspend a parklet permit. The permit shall be deemed to be suspended during the pendency of any appeal.
(b) An appeal must be initiated by submitting a written statement (signed under penalty of perjury) and payment of an appeal fee as set by city council resolution, to the city clerk within ten calendar days of the date of the notice of the permit officer’s decision. (c) The city manager, or the city manager’s designee, shall appoint an independent hearing officer to conduct an impartial hearing within twenty-one calendar days from the notice of appeal. The independent hearing officer shall be selected pursuant to the qualification and selection procedures established by the city manager for enforcement hearing officers under Title 4 of this code. Notice of the hearing shall be provided by the city clerk to the appellant not less than five days prior to the hearing date. Each party shall have the opportunity to present evidence in support of their case. The standard of proof shall be by a preponderance of the evidence. Thereafter, the independent hearing officer, in his or her discretion, shall consider the relevant evidence and the record of the matter, and determine whether to affirm, set aside, or modify the decision appealed therefrom. Thereafter, the appellant shall be notified of the final decision via first class mail. The decision of the independent hearing officer, shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

17.15 5.83.120 - Enforcement.
(a) Violations of this chapter are hereby declared to be public nuisances, and any violation of this chapter may be remedied or prosecuted pursuant to Title 4 of this code. (b) If a code enforcement action results in the revocation or suspension of an active permit, then the appeal rights shall be as stated in section 5.83.110 above, and not through Title 4.

5.83.130 – Severability
If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 2. Environmental Review. The City Council finds and determines that the adoption of this ordinance is considered a “project” under Section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. Pursuant to Section 15061(b)(2), such an action may be exempted from environmental review if the City finds that the project is “exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.”
Accordingly, the City Council finds and determines that this ordinance is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15301, given that it would result in only minor alterations of existing public or private facilities that would negligible or no expansion of use. The ordinance is also categorially exempt under section 15311, as the ordinance allows only for the construction or placement of minor structures appurtenant to an existing commercial facility.

The categorical exemptions set forth above are not barred by an exception set forth in section 15300.2. The allowance of permanent outdoor dining in the public right of way will not have a significant cumulative impact over time, will not have a significant effect on the environment due to unusual circumstance, will not impact scenic highways, will not impact a hazardous waste site, and will not cause a substantial adverse change in the significance of a historical resource.

SECTION 3. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 4. This ordinance shall take effect and be in force thirty (30) days after final adoption.

17.16 PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ___________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this XX day of XX, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-XX and
that it has been published or posted
in accordance with the Charter of
the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

17.17 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
Introduction:

The parklet program was developed as a long-term program to allow parklets citywide following the success of the temporary outdoor expansion program created in June 2020 in response to pandemic business restrictions. The parklet program provides businesses with a streamlined and low-cost process to permit their outdoor dining areas in public parking spaces. The program was developed based on feedback from businesses and the community gathered through surveys, community meetings, and in person meetings and has resulted in a program that provides:
• A one-time permit application
• An easy and straight forward permitting process
• Low permit costs
• Flexibility with parklet materials and design aesthetics This guidebook provides information on all the program details to guide businesses through the application process and provides an overview of the responsibilities of operating a parklet including the parklet design standards and operating requirements, design options, and the permitting process for retrofits of existing temporary parklets, pre-approved designs, and custom designs.

Parklets have proven to enhance the streetscape and provide opportunities for more outdoor dining spaces throughout the City of Santa Cruz and we look forward to many businesses participating in this program.

17.18 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
Use & Location:

Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining.

Size and Location

1. Parklets may only be constructed on streets with speed limits of twenty-five miles per hour or lower.

2. The parklet must be located at least one parking space or twenty feet from any corner.

3. The parklet shall not be located in front of a fire hydrant, above a fire hydrant shut-off valve or over utility or manhole covers.

4. The parklet shall not replace blue zones designated for disabled parking.

5. The parklet length may consist of two parking spaces maximum per business and the parking spaces shall be located in front of the adjacent business. The parklet may be allowed to exceed the parking space maximum or extend beyond the business street frontage if:
a. Due to the road and parking space layout, the outdoor dining area cannot be designed without extending beyond the immediately adjacent parking spaces; b. Extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the permit officer and with permission of the neighboring business; and

6. For parallel parking spaces:
a. The parklet may occupy the full width of the parking stall and shall provide 4- foot setbacks from each end of the parking space. Exceptions may be considered based on-site conditions and with written approval of the City Engineer.

7. For angled and perpendicular spaces:
a. The parklet may occupy the full width of the parking spaces between the curb and travel lane and shall provide a 3-foot setback on each end adjacent to other

17.19 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
parking spaces. Exceptions may be considered based on-site conditions and with the written approval of the City Engineer.

8. Where parking spaces are not delineated, the parklet may extend the length of the business frontage but may not exceed 40 feet in length. Exceptions may apply consistent with 5.a and 5.b above.

9. The parklet shall not block any portion of the bike or drive lane nor the view of conflicting movements of traffic, including pedestrian traffic. The parklet shall not block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices.

Design Standards

1. Traffic Safety Requirements
a. Reflective elements shall be installed at the outside corners of the structure. b. Soft hit posts shall be installed at the outside edges of the structure. c. Traffic barricades weighing a minimum of 1,000 lbs must be placed on the ends of the parklet and parallel to the driving lane where oncoming traffic enters.

Examples of traffic barriers include, but are not limited to, bollards placed on the platform, planters meeting the weight requirement, concrete barricades, etc. which comply with Caltrans MUTCD guidelines.

2. Platform Design Requirements
a. Bolting or penetrating the surface of the curb, sidewalk, or roadway in any way shall not be permitted.

17.20 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
b. Parklet platforms should utilize materials that are easy to clean and maintain.

Poured concrete or steel framed decks are encouraged. Wood is allowed but encouraged to be pressure treated to protect lifespan.
c.

The top of a parklet platform shall be flush with the sidewalk grade. A cover, expansion joint, or other type of connector between the parklet surface and curb may also be required if necessary to provide a safe transition surface. a. If the platform base is not solid, the space underneath the platform surface must be accessible for maintenance through access panels, removable pavers, or other method. Platforms should be designed to prevent collection of debris underneath the structure and all openings below the platform should be sealed to prevent rodent access.
b. The platform shall not impede the flow of curbside drainage and shall not be constructed over a storm drain. A minimum clearance of 6 inches high and 12 inches wide of clear flow line must be maintained between the face of the curb and the platform.
c. The edge of the platform may bridge over the curb no more than 6 inches from the face of the curb to provide storm drain clearance
d. The parklet shall be designed as an extension of the sidewalk with multiple points of entry.
e. The parklet shall have an enclosure, structure, edge, or other buffer between parklet users and the adjacent traffic lane on all three sides. This may take the

17.21 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
form of planters, railings, cabling, or other appropriate buffers that are structurally fortified and attached to the platform.
f. The exterior walls shall be a minimum of thirty-six inches and maximum of fortytwo inches tall and shall be designed to allow for the ability to see inside the parklet during all hours. Continuous opaque walls are not permitted. g. The exterior walls shall be designed to discourage sitting on the railings. h. The top edge of the exterior walls shall be designed to prevent the resting of food and drinks.
i. Wind barriers may be installed on top of the exterior walls and shall be constructed of transparent materials like acrylic, plexiglass, plastic films, etc. If transparent materials are used, the height of the railing, including the transparent materials, shall not extend more than 6 feet from the floor of the platform.

3. Lighting, Shade, and Furnishings Requirements
a. Overhead elements which include support posts, lighting, umbrellas, and shade sails shall provide a minimum vertical clearance of eighty-four inches above grade. Materials for umbrellas and shade sails shall meet NFPA 701, CPAI-84 standards. No fixed or solid roof structures are allowed. b. All lighting and heating elements must be properly rated for outdoor use. c. Portable outdoor heaters are allowed with appropriate permitting and inspection by the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05. All heaters shall be listed and approved by UL, FM or other approved testing agencies. Propane heaters shall not be placed under any flammable materials such as umbrellas and shade sails and may only be used with proper spacing and a permit from the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05.

17.22 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
d. Only listed and approved portable outdoor gas-fired heating appliances (propane heaters) utilizing a fuel gas container that is integral to the appliance shall be used.
e. Propane heaters shall not be located beneath, or closer than 5 feet to combustible decorations and combustible overhands, awnings, sunshades, or similar attachments.
f. Propane heaters shall not be located within 5 feet of exits or exit discharges. g. All lighting must be securely hung over the parklet area and may not extend over the sidewalk, shine into the street or otherwise interfere with vehicular travel.

Battery or solar powered lighting elements are permitted within the parklet area.
h. There shall be no electrical fixtures or features within the parklet area. i. Parklets may include permanent or movable seating. All movable furniture shall be locked in place or removed from the public right-of-way during non-operating hours.
j. The design may include ample low planting areas that utilize native, droughttolerant plants. Plantings can be used to discourage seating in areas such as the tops of walls. Plantings shall not exceed one foot in height. k. Signage or other advertising matter shall not be installed on or within the parklet, with the exception of one sign displaying the business name or logo no greater than 6 square feet in area, and a notice of private property/no trespassing no greater than one square foot in area. Use of sandwich board signs are prohibited at all times.

4. Accessibility Requirements
a. All accessibility elements of the parklet shall be designed, constructed and/or conform to the current and applicable provisions, rules, regulations and guidelines of the federal, state, and local laws and regulations governing accessibility requirements including the California Building Code and Americans with Disabilities Act.
b. The platform surface shall be flush with the grade of the adjacent sidewalk with a minimum gap of one-half inch (½") and a maximum vertical height difference of one-quarter inch (¼").
c. The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed 2%.

17.23 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
d. The accessible path of travel must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space. e. Accessible entryways to a parklet shall be a minimum 60 inches wide. f. Wheelchair turning spaces shall:
i. Be 60 inches in diameter
ii. Located entirely upon the platform
iii. Provide a maximum 12-inch overlap on the curb and sidewalk Application Requirements:

Businesses must complete a parklet permit application for all parklet installations. Business will submit an application to request a parklet permit for the following parklet types:

1. Retrofit of Temporary Parklet: Permanent approval of an existing temporary parklet in compliance with the permanent guidelines.

2. Pre-approved Design Parklet: Approval of construction of a parklet using a City issued pre-approved design.

3. Custom Design Parklet: Approval of construction of a parklet using a custom design created by a licensed design professional.

All applications will be required to provide the following information:
• Basic Business Owner & Property Owner Information
• Drawing of the parklet area by a licensed design professional showing:
• Location of parklet on the street, relationship to sidewalk, dimensions of parklet, and entrances/exits.
o Layout of all parklet furniture, fixtures, signage, support posts, lighting, plantings, trash receptacles, etc.
o Letter of approval from neighbors if parklet encroaches on adjacent business’ frontage.
• Staff will review the application to approve or request modifications consistent with the ordinance and guidelines.
• Once application is approved, staff will issue the parklet permit that outlines annual fees, standard operational requirements, and annual inspection. • Once the permit is issued, businesses will begin construction of their new parklet or modifications to their existing parklet and staff will complete a final inspection to issue a certificate of approval prior to operation of the permanent parklet.

17.24 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
Application Checklist:
 Business Information:
• Business name and contact information
• Property owner name, contact information, and signature authorizing the business to apply for a parklet
• Hours of operation of the parklet
• Valid City of Santa Cruz business license tax certificate  Site Plan
• Applications shall include a site plan drawing of the proposed parklet location and thirty feet along the sidewalk in either direction prepared by a licensed design professional (architect, landscape architect, or engineer) that complies with the design guidelines promulgated by the Director of Economic Development.
• The drawing shall provide details showing: the parklet’s relationship to the building, sidewalk and street; the dimensions of the parklet; all doorways and access points; the width of sidewalk (distance from curb to building face and property line); existing and projected pedestrian traffic movements; the location of utilities that might affect or be affected by the application proposal; and any parking meters, bus stops, benches, trees, landscaping, trash receptacles and other street furniture, or any other potential sidewalk obstructions in the vicinity.
• The drawing of the parklet shall show its intended use, any furniture or display stands, fixtures, signs, canopies and other overhead appurtenances, landscaping and planters, trash receptacles, and any other matter to be placed in the parklet.  Neighbor Authorization
• Applications for a parklet that includes an area located in front of a neighboring business shall provide a completed neighbor authorization form from the adjacent business owner(s) providing permission to install the parklet in that location.  Catalogue of Materials
• Applications shall include a catalogue/brochure sheet or provide a website link to an online product page for all furnishings and materials used in the parklet including but not limited to railings, platform materials, tables, chairs, umbrellas, lights, signage, plants, and heaters.
 Proof of Insurance

17.25 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
• All Permittees shall maintain during the term of the parklet permit, insurance against claims for injuries to persons or damages to property which may arise in connection with the permit and any act or omission related to the parklet by Permittee, its employees, contractors, and subcontractors.
▪ Permittee shall furnish the City with a certificate of Commercial General Liability (CGL) insurance policy of $1 Million per occurrence and $2 Million in the aggregate, including products and completed operations, property damage, bodily injury, personal and advertising injury. ▪ Such CGL insurance shall be endorsed to name the City, its officers, officials, employees, agents, and volunteers as additional insureds, and to provide City with prior written notice of cancellation. Such insurance coverage shall be endorsed to be primary coverage as respects City.
▪ Any insurance or self-insurance maintained by City shall be excess of the Permittee’s insurance and shall not contribute with it. ▪ If Permittee maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by permittee.
▪ Permittee shall include all contractors and subcontractors as insureds under the insurance policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. Permittee shall require and verify that its contractors and subcontractors maintain all of the insurance requirements stated herein and that the contractors and subcontractors name the City, its officials, officers, employees, agents, and volunteers as additional insureds on the CGL policy.
• Permittee shall also maintain a Workers' Compensation policy as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a policy limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Cruz.  ABC Authorization
• Establishments that serve alcoholic beverages in the parklet area shall be required to meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages. • Proof of application and/or approval for ABC authorization for alcohol service in the parklet area must be submitted with the parklet application. Approval by ABC must be obtained prior to operation of the parklet.

17.26 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
Permit Review Process:

The parklet permit may be approved or conditionally approved by the permit officer based on findings that the application meets all of the following requirements:

1. The application is deemed complete;

2. The proposed parklet complies with all applicable parklet guidelines;

3. The applicant has agreed in writing to comply with the terms and conditions of the permit;

4. All applicable fees have been paid;

5. All other applicable requirements of the parklet ordinance (SCMC 5.83) have been satisfied;

6. The proposed construction plan and schedule will not unduly interfere with the public’s use of the public right-of-way;

7. The proposed parklet is in compliance with all applicable local, state, and federal laws and regulations; and

8. The proposed parklet does not pose a threat to public health, safety or welfare.

Applicants will be notified of the status of the application and the decision notice will include any conditions of approval or any reasons for denial.

The following conditions of approval shall apply to all parklet permits:

1. Comply with fire, safety, and emergency access requirements;

2. Comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 120101 et seq.) or successor statute, applicable labor laws, and all applicable health and safety requirements;

3. Agree to comply with the operating standards set forth in section 5.83.070 of the parklet ordinance;

4. Provide proof of satisfaction of the insurance requirements as established by the city;

5. Agree to indemnify, defend, and hold harmless the city and designated city agents for any claims arising out of the use, accessibility, and operation of the parklet or in any way related to the parklet permit;

6. Present a valid city business license issued pursuant to chapter 5.04 of the Santa Cruz Municipal code;

7. Demonstrate compliance with all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages, if applicable;

8. Obtain all other applicable city permits, including but not limited to a concrete permit, an electrical permit, as part of the approval process for the parklet permit; and any other applicable regulatory approvals required by local, state, or federal agencies; and

17.27 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022

9. Comply with any additional conditions and restrictions as the permit officer deems necessary for the enforcement and administration of the parklet ordinance and to protect the public safety, health, welfare and enjoyment.

Approval to Construct Parklet and Certificate of Approval:

1. The approval of the parklet permit authorizes the applicant to construct and install a parklet with a licensed contractor. The parklet permit may be revoked if construction does not begin within one year of the permit’s issuance absent a showing of good cause (See definition of Good Cause below).

2. Upon completion of the construction and installation of the parklet, and satisfaction of a final inspection by the city and compliance with applicable building and health and safety requirements, the city will issue a certificate of approval. A certificate of approval shall be required before a parklet can be occupied or used.

The parklet permit may be revoked if the parklet does not pass final inspection, does not meet the requirements for a certificate of approval, and permittee does not correct the deficiencies in a timely manner as required by the city
Good Cause: A parklet permit may be revoked if construction does not begin within one year of the permit’s issuance absent a showing of good cause. Good cause shall include, but not be limited to:
• The delay is caused by abnormal weather conditions or unforeseeable events which are beyond permittee’s control and not due to permittee’s negligence; • Labor strikes or labor shortages;
• Delay in securing funding which is not due to permittee’s negligence and is beyond permittee’s control; or
• Delayed availability of materials, which is beyond permittee’s control and not due to permittee’s negligence.

Parklet Program Fees:

1. Application Fee:
a. Preapproved and Retrofitted Parklet: $500
b. Custom Design Parklet: $500 plus additional actual costs relating to processing the permit will be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

2. Economic Development Parklet Annual Inspection Fee: $250 a. The parklet shall, at a minimum, be inspected annually by the economic development department, or other enforcement officials as necessary, for compliance with the

17.28 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
parklet guides, operating standards, and any permit conditions, to ensure that the parklet is maintained in good condition and does not create a nuisance to pedestrians or adjacent businesses. The annual inspection fee will take effect at the beginning of the second year of the parklet permit and every year there after. b. The city may conduct periodic safety inspections of the parklet and reserves the right to require adjustments or modifications to the parklet, or removal of any parklet elements, if the city, in the city’s sole discretion, determines that such elements are unsafe, poorly designed, create access issues, pose a public nuisance, pose a threat to public health, safety, or welfare, or do not comply with the permit conditions of approval.

3. Annual Permit Fee:
a. Annual Permit Fee for Metered parking spaces: $2,000 per space b. Annual Permit Fee for Unmetered parking spaces: $5.88 per square foot

4. Appeal Fee: $519
Additional Costs: To be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

Operating Standards:

Parklets shall comply with all operational requirements below, including but not limited to:

1. Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.

2. Outdoor dining is the only activity allowed in the parklet consistent with the business’ regular hours of operation; and in no event past 11:00 p.m. Parklets shall be closed or gated when not in use.

3. Live entertainment and amplified sound is prohibited within the parklet.

4. Only those licensed by the Alcohol Beverage Control Board of the State of California and approved by the city may serve and allow on-premise consumption of alcoholic beverages in the parklet.

5. Outdoor food preparation including but not limited to hotpots, barbecues, or other heating of food, is prohibited in the parklet. Open flame cooking is prohibited in the parklet.

6. The permittee shall maintain the parklet and parklet area in a clean, sanitary, and attractive condition at all times. Elements that are visually or structurally degraded shall be replaced expeditiously.

7. Parklets shall be maintained free of litter, refuse and debris. The permittee is responsible for furnishing and servicing at least one permanent trash receptacle in the parklet.

17.29 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022

8. The parklet platform shall be scrubbed and mopped daily to remove any food or drink stains. All cleaning shall be in accordance with the City’s Storm Water Best Management Practices.

9. Permittee shall maintain and repair the parklet at its sole expense during its placement in the public right-of-way.

10. The business owner shall submit a trespass Letter of Authority with the Santa Cruz police department prior to operation of the parklet.

11. Patrons of the parklet shall not be permitted to sit on or place food or drinks on the edges or railings of the parklet.

12. Smoking is prohibited within parklets.

Permittee must correct any failure to comply with any of the operational requirements or other parklet guidelines within a reasonable time period as specified by the city’s notice to take corrective action. If permittee fails to comply within the specified time the city may take any action it deems necessary, which may include the city performing the corrective action and charging permittee for any associated costs, including administrative costs and attorneys’ fees; and the city’s right to revoke the parklet permit.

City Authority and Removal of Parklet:
a. The City shall at all times retain exclusive authority over the public right of way, including the parklet. The city shall have the right to perform any and all acts of construction and maintenance in the public right of way, including the parklet to advance public health, safety or welfare.
b. The permittee, at their own expense, shall temporarily or permanently remove all parklet improvements and shall restore the public right-of-way to the standards of the public works department if one or more of the following circumstances exist:

1. Upon reasonable prior notice to the permittee by the city, if the city determines that temporary or permanent removal is necessary for utility repair and maintenance, streetscape, for other improvements within the parklet location, or for any other reason that is in the interest of public health, safety, or welfare;

2. If the business ceases operation and/or if the parklet remains inactive or abandoned for a continuous period of 6 months or more within a one-year period; or

3. Upon the expiration, termination or revocation of the parklet permit. c. In the case of situations involving immediate peril or hazard to the public health, safety or welfare based on the city’s discretion, the city may require permittee to remove the parklet and the city may also remove any of the parklet improvements without prior notice to the

17.30 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
permittee. The permittee is responsible for the costs of removal, and the costs of reinstalling the parklet and restoring any damage to the parklet improvements if the city approves re-installing the parklet after the peril or hazard is no longer present.

Denial, Suspension or Revocation of Parklet Permit.

The permit officer may deny, suspend or revoke the parklet permit or application for the parklet permit if one or more of the following circumstances exist:

1. The applicant submits an incomplete application;

2. The applicant has made a false, misleading, fraudulent or material misrepresentation in their application for a permit, in the information required to be submitted to the city, or in response to inquiries by the city;

3. The applicant has failed to obtain permission from the property owner to operate the parklet;

4. The permittee expanded or altered the parklet from what was set forth in the parklet permit;

5. The parklet has been abandoned for a continuous period of 6 months or more within a oneyear period;

6. The permittee fails to comply with any of the provisions of the parklet ordinance;

7. The parklet has become a host for a public nuisance or illegal activity or, poses a threat to public health, safety or welfare;

8. The permittee has been issued a notice of violation or citation associated with the business or parklet;

9. The permittee has violated local, state or federal law;

10. The permittee has breached any condition, requirement, or restriction of the parklet permit;

11. Utility repair and maintenance, streetscape, utility or other improvements within or adjacent to the parklet are required, making the parklet not practical or feasible;

12. The parklet interferes with a city project which seeks to protect and promote public health, safety and welfare; or

13. The parklet interferes with vehicular or pedestrian use of the public right-of-way.

17.31 DRAFT Parklet Permit Guidelines
Latest Revision: October 18 2022
If the permit officer denies, suspends or revokes a parklet permit, the permittee shall be informed in writing of the grounds for denial, suspension, or revocation, within ten (10) calendar days of such determination and the permittee shall cease operations in accordance with the notification provided to the permittee.

Transferability & Modification:

Non-Transferable: Parklet permits are not assignable or transferable. A new parklet permit shall be required whenever the permittee is no longer associated with the operation or ownership of the parklet; or the permittee is deemed to have abandoned the parklet; or the parklet permit has been revoked.

Modifications to Parklet: No modifications to the parklet after issuance of the parklet permit are allowed unless a new parklet permit application is submitted and is reviewed and approved by the permit officer.

17.32 Survey of Bay Area Cities Parklet Programs
City Program Description Permit Cost
San
Francisco
San Francisco has phased in regulations for permanent
parklet development since August 2021. Regulations and
fees vary based on whether parklets are open to the
public or for business customers only. Parklets are typically limited to two on-street parking spaces. Applicants are required to undergo a 30-day staff review, post a 10-day public notice at the proposed site, and (in some cases) attend a public hearing on the permit application.

For small-business
private parklets:
$3,000 for the first
parking space;
$1,500 for each
additional space;
plus $2,000 per
parking space per
year
Capitola Capitola has finalized a permanent parklet program and has completed a lottery for the 25 parking spaces available for the program. Businesses are limited to 5 parking spaces or 900 square feet for parklet. The City also charges a deposit to ensure proper maintenance of the parklets. The
temporary program expires September 15 and businesses
will be required to begin paying the space rent in June 2023. Businesses will be permitted to keep their temporary outdoor dining in place while their permits are under
review, provided they are diligently working towards
completing their permanent parklet. Capitola has created a prototype parklet design that allows businesses to bypass the design permit and coastal development permit process which are required for custom parklets.

Encroachment
permit: $577
Coastal
Development
Permit: $865
Building Permit:

Based on valuation
Deposit:
1-2 spaces: $1,000
3-5 spaces: $1,500
Annual Rent:

Businesses must
pay $3,400 per
parking space per
year adjusted
upward annually by
CPI increases.

Mountain
View
The City of Mountain View has taken on a permanent
parklet program since the pandemic and has updated their sidewalk dining program that existed prior to 2020 and
Economic Development is now leading this program
instead of the Planning Department. Mountain View
charges the same fee for a downtown parklet or sidewalk dining permit at $865 and they charge an annual renewal fee of $230. They also charge an annual license fee of
$1,349 per parking space used and a $6.75/square foot
annual fee for sidewalk dining.

Permit: $865
Renewal: $230
Annual License
Fee: $1,349 per
space
Burlingame As of April 1, 2022, Burlingame has increased rental fees and cleaning fees applicable to temporary parklets, which are located on the street in its downtown district. Additional design standards for the parklets are also forthcoming. Staff indicated that these future design guidelines are likely to $431 permit fee;
plus $1,500/year
space rental charge;
plus $250 monthly
cleaning fee

17.33 include a prohibition on orange safety barriers and a requirement that the floor that is level with the sidewalk.

Los Altos Los Altos adopted a parklet program as of November 2021.

The program requires that businesses choose from two
approved parklet design templates. The program also
institutes additional design guidelines for customizable portions of the parklets. The permanent parklet permit must be renewed by the business every year. The new program
will go into effect at the conclusion of the local emergency declaration (specific date TBD).
$500, plus
$100/year annual
renewal fee
San Mateo San Mateo’s Permanent Parklet Program was adopted in 2021. The program allows parklets in commercial districts along the curb-side on public streets. A maximum of two parallel parking spaces or four perpendicular spaces may be used for each parklet without regard for parking
requirements. Parklets are required to be flush with the sidewalk through provision of a raised platform. Roofs, trellises, and tent shade structures are not permitted.

Materials must be durable but there are no stated color, design, or aesthetic requirements. All temporary pandemic parklets must have received a Permanent Parklet Permit by April 30, 2022 to continue operations.
$500, plus
$250/year per
parking space
Fremont Fremont’s program allows outdoor commercial patios throughout the city on private and public property. A
maximum of four parking spaces or 750 sqft can be used for a patio. Businesses choose from an approved list
of accessibility and barrier designs; however, in other areas, businesses have significant design flexibility. Existing Pop Up Patios have until December 31, 2022 to receive a
permanent patio permit in order ensure full compliance with required regulations. Most of Fremont’s patios are on
private property.
$500 one-time fee

17.34 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, October 20, 2022 5:46 PM
To: City Council
Subject: 10.25.22 Agenda Item #17 Parklets on public property

10.25.22 Agenda Item #17 Parklets on public property
Dear Council,
It is way premature to do a first reading of an ordinance creating permanent parklets on public property.

There are numerous considerations that need prior debate.

Without going into much detail, this is essentially an auctioning off of public property rights , for money, which deprive the public of use of those public spaces permanently.

It is a partnership between business and the government colluding to deprive the public use of public spaces, sometimes that is called fascism.

Without pandemic emergency powers I don't think parklets would ever have been a thing.

It is debatable whether we still have an emergency. Emperor Newsom will be the last governor to relinquish his emergency powers, and still refuses to say exactly when that will be.

To paraphrase Chas Hesston, Newsom should say "You can pry those emergency powers out of my dead cold hands". That's may well be what it takes.

You are rushing to use emergency powers and the tail end of Covid I assume so you don't miss out on a revenue opportunity before the public says "we don't need parklets anymore".

After you auction off all the public spaces in an inexhaustible desire to spend money, what are you going to do then?
Tell me the value the public will receive for this theft of their use rights, and where the money will go.

I'm not sure the "general fund" is the right answer.

Garrett Philipp - Westside SC

17.35 1
Rosemary Balsley
From: Benjamin Breen <[email protected]>
Sent: Sunday, October 23, 2022 10:38 AM
To: City Council
Subject: Please vote to retain permanent outdoor dining Dear City Council,
Just a quick note to say how much I and others I know have appreciated the outdoor dining downtown. It strikes me as a far superior use of the space than the limited street parking that was available before. During your meeting on Tuesday, please vote to make the parklets permanent! Relatedly, it would be great for both Cathcart street and at least a few blocks of Pacific to be turned into pedestrian-only areas. Numerous studies by urbanists and other experts have shown the benefits of creating pedestrian spaces in downtown areas, and I believe there would be substantial buy-in from the community if Santa Cruz followed suit.

Sincerely,
Ben Breen
________________________
Benjamin Breen
Associate Professor of History
University of California, Santa Cruz
Email: [email protected]
Web: https://history.ucsc.edu/faculty/profiles/index.php?uid=bebreen Book: The Age of Intoxication: Origins of the Global Drug Trade

17.36 1
Rosemary Balsley
From: [email protected]
Sent: Sunday, October 23, 2022 12:00 PM
To: City Council
Subject: Please fund/allow the parklets downtown
Dear council members ‐
The parklets allowed for restaurants was a real 'gift' of the pandemic, and represents something that many in Santa Cruz have discussed, fought for, and wanted for years. Outdoor meeting places.

Santa Cruz is the perfect place for outdoor dining with our great weather, and allowing food/drink businesses to continue using these parklets may help them recover some of their pandemic losses by having more seating available than before. These parklets are inviting and make downtown a fun place to visit! I urge the council to extend the program to March, 2023, and to do their best to come up with a permanent plan for continued outdoor dining that works for the restaurants and is safe and inviting for patrons. It makes our town feel special and provides wonderful meeting places for the community. We all need the fresh air! Thank you for your hard work and for your considerations on this matter.

Patricia Damron
Santa Cruz, CA (for 34 years!)

17.37 1
Rosemary Balsley
From: A. Marm Kilpatrick <[email protected]>
Sent: Monday, October 24, 2022 4:45 PM
To: City Council
Subject: outdoor dining for restaurants
Dear City Council,
Please make it as easy as possible for restaurants to (continue ot have) have outdoor dining. Make it as cheap, and easy as possible.
thank you,
Auston Marm Kilpatrick
502 Hagar Ct
Santa Cruz, CA 95064

17.38 PERMANENT OUTDOOR DINING UPDATE:

PARKLET ORDINANCE
City Council - October 25, 2022

17.39 Timeline of Outdoor Dining Program Evolution
1991 June 2020
Parklet Pilot Program
Parklets allowed on
Downtown side streets for
outdoor dining. Two
businesses participated.
2017
Outdoor Curb Extension
Program Formalized
Parklet Pilot Program
becomes formalized in
Downtown Plan.

Downtown Recovery Plan
Creates Outdoor Extension
Area Program to allow
sidewalk dining as part of the
downtown recovery effort.
2015 March 2020
Shelter in Place Order
County and State issues
SPO and Governor closes
businesses and restricts
dining at restaurants.

Executive Orders Issued
for Outdoor Expansion
Temporary outdoor dining
and retail displays allowed
on sidewalks, alleys, street
closures, and private
property.

December 2020
Emergency Ordinance for
Outdoor Expansion Issued
Temporary outdoor
expansion program extended
to October 21, 2021. State
issues Regional Stay Home
Order.

June 2021
Emergency Ordinance
Extended
Governor encourages local
jurisdictions extend existing
programs through end of 2021.

City Council extends Emergency
Ordinance to December 31,
2021.

August 2021
Permanent Parklet Program
Council direction to modify
existing parklet program to
expand citywide.

November 2021
Temporary Expansion
Ordinance Extended
Uncodified Ordinance
2021-21 extends TOEP to
December 31, 2022.

17.40 Downtown:
26 businesses using 61 spaces
Beach Area:
6 businesses on the Wharf using 44 spaces
1 business using 2 spaces on Beach Street
1 business using an unmetered space on Leibrandt
Westside:
1 parklet in unmetered spaces
Temporary Outdoor Expansion Parklets By Location:

17.41 Goals for Permanent Parklet Program:
● Consistency of design
● Improved safety and maintenance standards
● Allow parklets citywide (streets 25 MPH or less)
● Revised fee structure and permit process
● Affordable & long term construction solutions

17.42 Parklet Ordinance:
● Replaces SCMC Section 24.10.2341 “Outdoor Curb
Extension” in zoning code
● Creates new ordinance and permit process under SCMC
Title 5 - Business Licenses & Regulations

17.43 Parklet Ordinance:
● 9/22/22: Downtown Commission Presentation &
Request for Recommendation to Council to approve the
ordinance
● 10/17/22: Transportation & Public Works Commission
Presentation & Request for Recommendation to Council
to approve the ordinance

17.44 Parklet Ordinance
● Core Components of the Ordinance:
○ Parklet Permit Process
○ Design Guidelines & Operating Standards
○ Suspension, Revocation, and Removal Processes
○ Appeals process

17.45 Parklet Ordinance
Parklet Permit Process: Administered by Economic Development ● Application components:
○ Business Owner information (Permit Issued to Business Owner) ○ Property Owner authorization to apply
○ Neighbor authorization if parklet encroaches on neighboring frontage ○ Parklet operational information (hours of operation and agreement with operating requirements)
○ Parklet Construction details (# of spaces, type of spaces, design options, site plan, and furnishings)
○ Alcohol service authorization
○ Insurance requirements

17.46 Parklet Ordinance
Parklet Permit Application Review:

Pre-approved Design:

ED & PW reviews for
consistency with
pre-approved design
plans and site specific
application
Custom parklet:

ED, Public Works,
Building, and Fire
review for consistency
with guidelines and
building, safety, and
accessibility standards
Retrofit Temp. Parklet:

ED Staff conducts site
visit to provide checklist
for modifications for
compliance with
guidelines

17.47 Parklet Ordinance
Parklet Guidelines:
● parklet size and location
● parklet construction requirements
● traffic and pedestrian safety concerns
● design features
● platform size
● platform safety
● furnishing standards
● ADA accessibility

17.48 DRAFT Parklet Guidelines
Site & Location Requirements

1. Maximum 2 parking spaces per parklet (some exceptions apply)

2. Parklets are allowed on streets 25 mph or lower

3. The parklet must be located at least twenty feet from any corner

4. The parklet shall not be located in front of a fire hydrant, above a fire hydrant shut-off valve, or over utility or manhole covers.

5. The parklet may not be located in blue zones designated for disabled parking

6. The parklet shall not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices.

17.49 4’
setback
4’
setback
12” wide x 6” high storm drain clearance
Traffic
Barriers

17.50 DRAFT Parklet Guidelines

17.51 DRAFT Parklet Guidelines

17.52 17.53
DRAFT Parklet Guidelines
Platform materials: use of durable
materials required. Poured concrete or steel
framed deck are encouraged. Wood is
allowed but encouraged to be pressure
treated to protect lifespan.

Attachment: nothing can be bolted to the
roadway or sidewalk. Concrete must be
poured on a membrane to protect road
surface. Platform can bridge over sidewalk
but cannot be permanently attached
Drainage: platforms must allow for
curbside drainage flow with a minimum of
12” wide and 6” high clearance between
platform and curb
Fencing & Barriers: a min 36” to max 42”
high perimeter fence must be installed on
all sides of the parklet in the roadway and
must be secured to the platform. Fencing
should have an open design to allow for
visibility into the parklet. Barriers of a
minimum of 1,000 lbs should be placed
on each end and may be required midway
depending on traffic requirements

17.54 DRAFT Parklet Guidelines
Visibility: the parklet should not block the
view of traffic, including pedestrian traffic,
or view of traffic signs and signals.

Overhead Objects: Overhead objects such
as umbrellas, poles, posts, heaters, lighting
must have a clearance of at least 7 feet. No
fixed/solid overhead structures are allowed.

Cleaning: platforms should be made of an
easy to clean material that does not absorb
spills. Regular cleaning is required. Access
should be available to clean underneath
decks. Pest abatement may be required.

Accessibility: parklets must be
constructed and operated in compliance
with ADA and accessibility requirements.
5% but not less than 1 accessible table
must be available for wheelchair users.

Utilities: parklets cannot be placed over
any underground utility access points
such as manhole covers, gas valves,
water valves, etc. If access to utilities
underneath a parklet is required, the
parklet must be relocated or removed at
the expense of the owner.

17.55 Parklet Ordinance Components:

Operating Standards: Parklets shall
comply with all operational requirements
set forth in the parklet guidelines, including
but not limited to:
(1) Parklets may only be used by food and
drinking establishments for the
purpose of providing outdoor dining
areas.
(2) Outdoor dining is the only activity
allowed in the parklet consistent with
the business’ regular hours of
operation; and in no event past 11:00
p.m. Parklets shall be closed or gated
when not in use.
(3) Live entertainment and amplified sound is
prohibited within the parklet.
(4) Only those licensed by the Alcohol Beverage
Control Board of the State of California and
approved by the city may serve and allow
on-premise consumption of alcoholic
beverages in the parklet.
(5) Outdoor food preparation including but not
limited to hotpots, barbecues, or other
heating of food, is prohibited in the parklet.

Open flame cooking is prohibited in the
parklet.

17.56 Parklet Ordinance Components:
(6) The permittee shall maintain the parklet
and parklet area in a clean, sanitary, and
attractive condition at all times. Elements
that are visually or structurally degraded
shall be replaced expeditiously.
(7) Parklets shall be maintained free of litter,
refuse and debris. The permittee is
responsible for furnishing and servicing at
least one permanent trash receptacle in
the parklet.
(8) The parklet platform shall be scrubbed
and mopped daily to remove any food or
drink stains. All cleaning shall be in
accordance with the City’s Storm Water
Best Management Practices.
(9) Permittee shall maintain and repair the
parklet at its sole expense during its
placement in the public right-of-way.
(10) The business owner shall submit a
trespass Letter of Authority with the
Santa Cruz police department prior to
operation of the parklet.
(11) Patrons of the parklet shall not be
permitted to sit on or place food or
drinks on the edges or railings of the
parklet.
(12) Smoking is prohibited within parklets.

17.57 Parklet Design Options
Pre-approved Designs Retrofit Temporary Parklet Custom Design

17.58 Parklet Program Fees & Permits
Permits & Fees Pre-Pandemic Parklet Program Citywide Permanent Parklet Program Permits
Design Permit: $1,811
Temporary Encroachment Permit: $413
Total: $2,224
PROPOSED PERMIT FEES:

Pre-approved Design and Retrofitted Parklet:
$500
Custom Design Parklet:
$500 + additional actual hourly costs
for reviewing at the applicable city staff hourly rate set forth in the City’s Unified Master Fee Schedule.

Annual Fees
Parking meter revenue replacement:
$1,250 per space = $2,500 for two spaces
Parking Deficiency Fee:
$425/space annually = $850 for 2 spaces
License fee:
$5.88/SF = $2,069.76 for 352 SF for 2 spaces
Total For Two Spaces: $5,419.76 annually

PROPOSED FEES
Metered Spaces:

Parking Meter Revenue Replacement: $2,000/space annually Total for 2 spaces: $4,000 annually
Unmetered spaces:

License fee: $5.88/SF (~$1,000/space)
$2,069.76 for 352 SF annually
(approximate size of two spaces)

17.59 Annual Permit Fee: $250
Revenue Loss Impact of Temporary Parklets
Downtown # of Businesses # of Spaces $4/day average
2020 (Jun-Dec) 25 67 $48,910
2021 27 72 $105,120
2022 26 62 $90,520
2023 (Jan-Oct) 26 56 $68,096
total $312,646
Beach Street # of Businesses # of Spaces $6.75/day average 2020 (Jun-Dec) 3 9 $11,087
2021 3 9 $22,174
2022 1 2 $4,928
2023 (Jan-Oct) 1 2 $4,104
total $42,292
Wharf # of Businesses # of Spaces $7.75/day average
2020 (Jun-Dec) 6 60 $84,863
2021 6 60 $169,725
2022 (Jan-Jun) 6 60 $84,863
2022 (July-Dec) 6 44 $62,233
2023 (Jan-Oct) 6 44 $103,664
total $505,347
Total Estimated Parking Revenue Loss
June 2020-October 2023:
$860,285

17.60 11/15/22
2nd Reading
Ordinance Adopted
12/15/22
Ordinance Effective &
Applications Open
3/31/23
Parklet Permit
Applications Due
10/31/23
Temporary Permits Expire
Construction Complete
April - October
Transition Period
Parklet Program Transition
3/31/23
Removal of Tents/Canopies
Removal of Inactive Parklets
Reduction of Underutilized
Parklet Areas

17.61 Parklet Ordinance - Coastal Commission Approval
● Parklet Ordinance will require a Coastal Permit for construction and operation of parklets in Coastal Zone.
● With City Council direction, staff will coordinate with the California Coastal Commission (CCC) to process a Coastal Permit.
● Currently 8 businesses operating parklets in Coastal Zone

17.62 Recommendation

1. Introduce for publication the Parklet Ordinance establishing a permanent parklet program citywide;

2. Direct staff to bring the Parklet Guidelines and Parklet Fee Schedule for adoption at the November 15, 2022 City Council meeting.

3. Direct staff to coordinate with the Coastal Commission and process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under Chapter 5.83 of the Santa Cruz Municipal Code (SCMC).

4. Direct staff to initiate the process of repealing SCMC Section 24.10.2341 "Outdoor Curb Extension Area" pursuant to SCMC Chapter 24.06.

17.63 QUESTIONS?

17.64 City Council

AGENDA REPORT
DATE: 10/13/2022
AGENDA OF: 10/25/2022
DEPARTMENT: Economic Development
SUBJECT: Permanent Outdoor Dining Program Update: Private Property Permitting (ED)
RECOMMENDATION: Direct staff to make the necessary revisions to the municipal code for future Council consideration in early 2023 to develop a streamlined permit for private property outdoor dining, and direct staff to continue to work with Coastal Commission staff to allow for the construction, use, or operation of permanent outdoor dining on private property within the coastal zone.

Cognizant of the prolonged negative impacts to local businesses the City Council on November 9, 2021 adopted an uncodified Ordinance No. 2021-21, further extending the temporary program through December 31, 2022.

18.1 designs and materials, safety features, accessibility requirements, and lighting and shade materials and to propose revisions to the fee structure for parklets and private outdoor dining and evaluate the potential to waive, modify or offset fees on an appropriate time scale to facilitate pandemic business recovery. The following staff report and recommendation applies to the permitting process for outdoor dining on private property only.

DISCUSSION: Economic Development completed a review of the private property temporary outdoor dining areas with the Planning and Community Development Department (Planning) to understand the permitting process under our existing codes and found that there is no singular path for permitting outdoor dining on private property as the zoning and site characteristics vary by location. Due to these challenges, staff has been researching how other jurisdictions have been handling outdoor dining on private property and developing alternative processes with the Planning, Fire, and Public Works Departments to bring forward a recommendation for Council direction.

The major constraint for approval under our existing codes relates to the use permit approval and minimum parking requirements. The most common challenge from our review was businesses eliminating required parking to use as temporary outdoor dining areas as well as expanding their capacity for outdoor dining where alcohol is served which requires approval of a special use permit.

Staff is proposing to follow a similar path as the parklet permit in the public right-of- way to create a new staff level review permit under Santa Cruz Municipal Code Chapter 24.12 Community Design to establish requirements for outdoor dining on private property. Similar to the temporary parklets in the public right-of-way, the private property outdoor dining areas have been regulated with the expectation that they would not be permanent structures. This resulted in some temporary exceptions from building, fire, and public works regulations, some of which are mandated by the state. Transitioning from temporary to permanent approvals will require these spaces to come into compliance with State building and fire codes, which would include removal of temporary membrane structures (tents and canopies) and approval of building permits for increased occupancy, accessibility, furnishings, and any overhead structures.

It is anticipated that the changes associated with private property outdoor dining will affect the City’s Local Coastal Program Implementation Plan standards in the Zoning Ordinance. At a minimum, parking regulations will likely be affected because the proposal would reduce current parking minimums required of businesses. For businesses located within the coastal zone, this would trigger a requirement that the Coastal Commission certify the private property outdoor dining ordinance prior to it taking effect. Staff has begun working with Coastal Commission staff on the future program.

Due to the varied complexity of permitting outdoor dining on private property and the need to develop a new ordinance and work with Coastal Commission staff to develop the process for approving permits in the coastal zone, staff is recommending that Council consider an amendment to the existing ordinance allowing for outdoor dining on private property to extend the temporary permit period from December 31, 2022 through October 31, 2023. This recommendation will be the subject of a separate agenda item for consideration by the City Council at the October 25, 2022 City Council meeting.

18.2 FISCAL IMPACT: The permanent creation of a revised outdoor dining permit for private property would generate revenue to the City in the form of permit fees covering staff time and inspections related to processing the permits and ongoing sales tax from outdoor dining areas.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Economic Development and
Housing Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

18.3 PERMANENT OUTDOOR DINING PROGRAM UPDATE:

PRIVATE PROPERTY PERMITTING
City Council - October 25, 2022

18.4 ● 21 businesses seeking
permanent approval
○ Includes restaurants,
bars, wineries, breweries
Temporary Outdoor Expansion On Private Property:

18.5 Existing Code Permitting Process Review
Most Common Permitting Requirements:
● Administrative Use Permit (AUP) and Design Permit
required for most
● Increases in floor area exceeding 20% for alcohol service triggers Special Use Permit
● Operations on separate parcels requires lot line
adjustment or AUP
● Minimum parking requirements limit expansion

18.6 Proposed Permit Process
Create a new staff level review permit under Santa Cruz Municipal Code Chapter 24.12 Community Design to establish requirements for outdoor dining on private property
● Permit runs with the operator with property owner approval ● Have revocation, suspension, and modification rules in place ● Standard Operating Requirements to reduce impacts to neighbors such as noise, amplified sound, hours of operation
● Building Permit required for fixed structures or improvements (roofs, awnings, fixed seating, electrical lighting/heating etc.)

18.7 Site Conditions Constraints for Private Property
Building & Fire Codes require building permit review for permanent private property expansion and can trigger:
● Increase in # of restrooms or fixtures for increased
seating capacity
● Accessibility/ADA compliance in outdoor areas and
parking lots including accessible routes
● Removal of temporary tents/canopies
● Electrical permit for lighting and electric heaters

18.8 Coastal Commission Approval
New permitting process for private property will affect the City’s Local Coastal Program Implementation Plan standards in the Zoning Ordinance
Coastal Commission must certify the private property
outdoor dining ordinance prior to it taking effect and staff has already begun discussing the permit process with CCC staff

18.9 Recommendation
Direct staff to make the necessary revisions to the municipal code for future Council consideration in early 2023 to develop a streamlined permit for private property outdoor dining, and direct staff to continue to work with Coastal Commission staff to allow for the construction, use, or operation of permanent outdoor dining on private property within the coastal zone.

18.10 QUESTIONS?

18.11 City Council

AGENDA REPORT
DATE: 10/12/22
AGENDA OF: 10/25/2022
DEPARTMENT: Economic Development
SUBJECT: Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
RECOMMENDATION: Introduce for publication an ordinance amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a. Extends the temporary period for commercial use in the public right-of-way, currently set to expire the end of this December through March 31, 2023; and b. Extends the temporary period for commercial use on private property from the end of this December through October 31, 2023; and
c. Maintains the expiration date of December 31, 2022 for the partial closure of Cathcart Street.

On June 3, 2021, Governor Newsom sent a letter urging local jurisdictions to consider extending existing programs and zoning that allow outdoor expansion areas among other options until

19.1 December 31, 2021. In response to the Governor’s letter and the ongoing impacts to business from COVID restrictions these conditions, on June 22, 2021, the City Council adopted Emergency Ordinance No. 2021-14, which extended Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity until December 31, 2021
Cognizant of the prolonged negative impacts to local businesses the City Council on November 9, 2021 adopted an uncodified Ordinance No. 2021-21, further extending the temporary program through December 31, 2022.

At the August 24, 2021 City Council meeting, Council directed staff to start working on any necessary revisions to the Municipal Code for future Council consideration to reflect the desire to expand outdoor seating in private and public on-street parking (parklets) citywide. Staff was directed to finalize the revisions to the parklet design guidelines including approved platform designs and materials, safety features, accessibility requirements, and lighting and shade materials. Additionally, Council directed staff to propose revisions to the fee structure for parklets and private outdoor seating and evaluate the potential to waive, modify or offset fees on an appropriate time scale to facilitate pandemic business recovery.

DISCUSSION: The temporary outdoor expansion program will be divided into two major categories based on whether the permit being issued is for public or private property. With the permanent parklet ordinance in the public right of way nearing implementation and additional policy work needed for private property outdoor dining, including developing a new ordinance and coordination and approval by the Coastal Commission for parklets located in the coastal zone, staff proposes different timelines for expiration of the temporary program permits:

1. Outdoor dining in the public right-of-way (parklets): Staff has prepared the parklet ordinance for adoption to begin the transition from temporary to permanent and recommends extending the expiration of the temporary program permits for businesses operating temporary parklets until March 31, 2023 to allow businesses to prepare applications for permanent approval. All businesses that intend to operate a permanent parklet will be required to apply for a permanent parklet permit under the new program by the proposed March 31, 2023 deadline. Businesses operating existing temporary parklets will be permitted to keep their temporary outdoor dining in place while their permits are under review and they prepare for construction or retrofit, provided they have submitted an application prior to the March 31, 2023 expiration date.

2. Outdoor dining on private property: Staff will need time to develop the new ordinance and permit process to accommodate permanent approval of the private property outdoor dining including working with Coastal Commission for approval of permits in the coastal zone. Staff recommends extending the temporary permits for private property until October 31, 2023 to ensure businesses can continue to operate these spaces while the City develops the permit process to provide permanent approval. The County has also extended their temporary permits for outdoor dining until October 2023 which provides some consistency for those business owners who have businesses in both jurisdictions.

19.2 Staff consulted with Coastal Commission staff to discuss the extension of the temporary permits in the Coastal Zone. Coastal Commission staff did not object to the extension of these temporary permits and acknowledged that the City would need additional time to apply for and receive approval of a blanket coastal development permit to allow permanent outdoor dining in the Coastal Zone.

Cathcart Street Temporary Partial Street Closure:

In 2020, the City approved two temporary street closures as part of the temporary program to support businesses needing expanded outdoor seating areas during the height of COVID restrictions. The closures included a full closure of the 1100 Block of Pacific Avenue between Lincoln and Cathcart Streets, and a partial closure of the east bound lane of Cathcart from Cedar Street to Pacific Avenue. The City has been monitoring the success and impact of these closures on business activity and safety and accessibility downtown. Staff recommended and Council approved the determination to remove the 1100 Block of Pacific Avenue closure in early 2021 due to impacts for access for emergency vehicles, residents, businesses, and customers on the one-way street and the development of parklets within the parking areas for the businesses reducing the need for the full closure.

Staff have been monitoring the impact of the temporary closure on Cathcart Street and in early 2022, Fire Department staff initiated a conversation with ED and PW about removing the closure at the end of 2022, if not sooner, due to impacts to public safety access and circulation on this crucial road through downtown. Staff discussed this determination and other concerns relevant to all departments and shared this determination with the businesses operating in the temporary partial closure area. Staff then received a request from the business owners for consideration of a permanent approval of the partial street closure or a one-year extension. The businesses have requested to either maintain the existing temporary set up with one-way traffic or have proposed paying for the removal of four parking spaces on the north side of Cathcart Street opposite from the expansion area with the proposal to accommodate two-way traffic by removing those spaces.

Staff have been evaluating this request to weigh the impacts of public safety access, construction impacts on downtown traffic flows, future development activity, and business equity. PW, ED, and Fire Department staff have made the following findings that support the expiration of the Cathcart Street Temporary partial street closure on the current expiration date of December 31, 2022:

Public Safety:
 Cathcart is the only direct 2-way, east-west street that connects Cedar, Pacific, and Front and the 2-way traffic is critical for emergency response  Current 1-way layout cuts off a major eastbound route for emergency response  1 way traffic results in increased response time and increased hazard traveling opposing traffic
 Reversing the street direction in the 1-way westbound lane to run eastbound is unsafe for drivers and could result in an increase of wrong way driving issues Circulation & Construction Activity:
 2-way traffic is critical for connectivity and circulation

19.3  2-way traffic is critical to keep construction routes on Cathcart to reduce impacts on surrounding neighborhood streets
 2-way traffic is critical for current and proposed downtown development that requires regular and constantly changing temporary traffic control plans (TCP’s)  Downtown Developments have limited room for onsite staging and in general require more lane closures for loading and unloading of materials, equipment, and construction in the street for utilities
 The current road closure forces large trucks to route through residential streets and many existing downtown residential buildings are older construction and vibration from large trucks creates more of an impact
Business Equity:
 Partial closure provides additional space beyond parking spaces not offered to other businesses and consideration of additional one-way street closures and removal of existing on-street parking spaces in the downtown is not recommended  The permanent parklet program requirements will require businesses in other parts of downtown to reduce their parklet areas to two parking spaces in most circumstances o Examples include parklets currently expanding into bike lanes, utilizing full length of parking spaces, or significant numbers of parking spaces  Businesses along Cathcart Street could apply for additional parking spaces within their business frontage to expand their parklet areas without extending into the street.

In consideration of the above concerns that impact public health, safety, and welfare, staff recommends that the partial closure be removed at the current expiration date of December 31, 2022 to allow for two-way traffic to resume in the beginning of 2023. ED will support the continued use of parklets by the Cathcart Street businesses through the extended temporary program term after December 31, 2022.

FISCAL IMPACT: Extending and revising the ordinance for the temporary outdoor expansion program will have financial impacts to the City through the loss of parking meter revenue for parking spaces being utilized as part of the temporary program and through the waiver of related fees for permits under the temporary program. If parking occupancy rates increase dramatically in the coming months, staff will return to Council for further discussion of the financial and supply impacts of the existing program for further discussion. Staff will be available to provide additional fiscal impact information related to parking during the Council meeting.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Economic Development and
Housing Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Ordinance

19.4 ORDINANCE NO. 2022-XX

AN UNCODIFIED ORDINANCE OF THE CITY OF SANTA CRUZ EXTENDING UNCODIFIED EMERGENCY ORDINANCE 2020-27 AUTHORIZING TEMPORARY USE OF

CERTAIN ADJACENT PUBLIC STREET AND OUTDOOR AREAS FOR ELIGIBLE

BUSINESSES IMPACTED BY INDOOR BUSINESS CLOSURES RELATED TO THE COVID-19 PANDEMIC UNTIL MARCH 31, 2023 IN THE PUBLIC RIGHT-OF-WAY AND UNTIL OCTOBER 31, 2023 ON PRIVATE PROPERTY AND MAINTAINING THE CURRENT

EXPIRATION OF THE CATHCART STREET TEMPORARY PARTIAL STREET CLOSURE OF DECEMBER 31, 2022
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, the State of Emergency declared by the Governor on March 4, 2020 remains in effect; and
WHEREAS, on March 10, 2020, the Santa Cruz City Council adopted Resolution No. NS29,640 Declaring a Local Health Emergency in response to the COVID-19 pandemic; and WHEREAS, pursuant to California Government Code Section 8630, the Council has extended the Declaration of Local Health Emergency by successive sixty-day periods, most recently by Resolution No. NS-30,047 on October 11, 2022, and has ratified a number of Executive Orders issued by the Director of Emergency Services, in accordance with Santa Cruz Municipal Code Section

2.20.020; and
WHEREAS, in light of the devastating impacts that the pandemic has had on the local economy and for locally owned businesses in particular, the Director of Emergency Services issued two related Executive Orders to address the ability for businesses to temporarily use certain areas of the public right-of-way and private property for commercial activity, namely Executive Order No. 2020-11, issued on June 4, 2020 (ratified by City Council Resolution No. NS-29,667 on June 23, 2020) and Executive Order No. 2020-15, issued on July 30, 2020 (ratified by City Council Resolution No. NS-29,695 on August 11, 2020); and
WHEREAS, while Executive Order No. 2020-15 enabled eligible businesses to temporarily operate in certain adjacent public street and outdoor areas as long as the City is operating under the current local health emergency, the duration of the pandemic and the longer period for economic recovery creates a unique situation requiring consideration of a longer period for the temporary use of certain outdoor spaces by eligible businesses, due to capital investments required in order to construct suitable outdoor facilities; and
WHEREAS, on December 8, 2020, the City Council adopted an uncodified Emergency Ordinance No. 2020-27, incorporating Executive Order Nos. 2020-11 and 2020-15, allowing for the temporary use of certain public right-of-way and private areas until October 31, 2021; and

19.5 ORDINANCE NO. 2022-XX
2 WHEREAS, on June 22, 2021, the City Council adopted an uncodified Emergency Ordinance No. 2021-14, which extended uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity until December 31, 2021; and
WHEREAS, as a result of the restrictions imposed by the State’s COVID-19 related guidance and the County’s Health Order, businesses, and particularly restaurants, have suffered significant economic hardships; for example, more than 100 Santa Cruz businesses closed as a result of pandemic, according to a 2020 survey conducted by the Santa Cruz Chamber of Commerce; and WHEREAS, although California moved Beyond the Blueprint on June 15, 2021 and restrictions on businesses were lifted, the COVID-19 crisis continues, causing local businesses to suffer prolonged negative impacts due to disruptions in operations and uncertainty; and WHEREAS, on November 9, 2021, cognizant of the prolonged negative impacts to local businesses, the City Council adopted an uncodified Ordinance No. 2021-21, further extending uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas in the public rightof-way and private property until December 31, 2022; and WHEREAS, although restrictions on businesses were lifted, the COVID-19 crisis continues, causing local businesses to suffer prolonged negative impacts due to disruptions in operations, and uncertainty; and
WHEREAS, the City will consider an ordinance adding Chapter 5.83 to the Santa Cruz Municipal Code, which would establish a new permit process for parklets in the public right-of way; and
WHEREAS, the City Council has directed staff to make the necessary revisions to the Santa Cruz Municipal Code for future Council consideration in early 2023 to develop a streamlined outdoor dining permit for private property outdoor dining; and WHEREAS, the City Council finds that extending the duration of uncodified Ordinance No. 2020-27 until March 31, 2023 for temporary use of the public right-of-way, and until October 31, 2023 for temporary use of private property for commercial activity will provide certainty with respect to the timeframe that eligible business may expand their operations to public outdoor spaces, will facilitate business recovery, generate increased sales tax revenue for the City, and provide City staff the time necessary to develop and bring to Council a permanent and extended program for businesses to use public outdoor spaces for their operations; and
WHEREAS, uncodified Ordinance No. 2020-27 also approved two temporary street closures as part of the Temporary Outdoor Expansion Program, including a full closure of the 1100 Block of Pacific Avenue between Lincoln and Cathcart Streets, and a partial closure of the east bound lane of Cathcart from Cedar Street to Pacific Avenue (“Cathcart Street Temporary Partial Street Closure”); and

19.6 ORDINANCE NO. 2022-XX
3 WHEREAS, the City Council finds that the continued Cathcart Street Temporary Partial Street Closure poses a danger to public safety, health and welfare, due to the one-way traffic layout limiting a major eastbound route for emergency response vehicles and also increasing emergency response times by limiting emergency access; and
WHEREAS, in consideration of public health, safety, and welfare concerns, the City Council finds that the Cathcart Street Temporary Partial Street Closure should expire on the date of December 31, 2022.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 5 of uncodified Ordinance No. 2020-27, adopted as an emergency measure by the City Council on December 8, 2020, and amended by uncodified Ordinances No. 2021-14 on June 22, 2021 and No. 2021-21 on November 9, 2021, is hereby further amended to include the following expiration dates:

Temporary Use in Public Right-of-Way: shall expire on March 31, 2023.

Temporary Use Located on Private Property: shall expire on October 31, 2023.

Cathcart Street Temporary Partial Street Closure: shall expire on December 31, 2022.

Section 2. This Ordinance shall take effect thirty (30) days following its final adoption (the “Effective Date”) and shall expire on the dates set forth above, unless further extended by action of the City Council.

PASSED FOR PUBLICATION this 25th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

19.7 ORDINANCE NO. 2022-XX
4 PASSED FOR FINAL ADOPTION this XX day of XX, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _____________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

19.8 1
Rosemary Balsley
From: Benjamin Breen <[email protected]>
Sent: Sunday, October 23, 2022 10:38 AM
To: City Council
Subject: Please vote to retain permanent outdoor dining Dear City Council,
Just a quick note to say how much I and others I know have appreciated the outdoor dining downtown. It strikes me as a far superior use of the space than the limited street parking that was available before. During your meeting on Tuesday, please vote to make the parklets permanent! Relatedly, it would be great for both Cathcart street and at least a few blocks of Pacific to be turned into pedestrian-only areas. Numerous studies by urbanists and other experts have shown the benefits of creating pedestrian spaces in downtown areas, and I believe there would be substantial buy-in from the community if Santa Cruz followed suit.

19.9 1
Rosemary Balsley
From: [email protected]
Sent: Sunday, October 23, 2022 12:00 PM
To: City Council
Subject: Please fund/allow the parklets downtown
Dear council members ‐
The parklets allowed for restaurants was a real 'gift' of the pandemic, and represents something that many in Santa Cruz have discussed, fought for, and wanted for years. Outdoor meeting places.

Patricia Damron
Santa Cruz, CA (for 34 years!)

19.10 1
Rosemary Balsley
From: Peter Cooper <[email protected]>
Sent: Sunday, October 23, 2022 9:08 PM
To: City Council
Subject: Proposed changes to outdoor dining rules
To whom it may concern:

I would like to comment on the proposed changes to downtown outdoor dining regulations.

I am a fulltime resident of Santa Cruz, and I have no business or other financial interests downtown.

I am strongly in favor of provisions that formalise and make permanent the outdoor dining spaces introduced in response to covid. Should Council not pass permanent provisions, then I am in favor of extending the current arrangements to March 2023, but would urge Council to attempt to find another permanent solution ahead of this deadline.

I am strongly against any provisions that seek to return outdoor dining spaces to motorised vehicle use e.g reopening Cathcart St west of Pacific Ave on Jan. 1. I do, however, believe that any permitting regime should ensure that bicycle lanes are not restricted.

I believe that losing any of the downtown (and other) outdoor dining spaces would be a loss, both to individual businesses, but also to the broader downtown look and feel. The current outdoor spaces have greatly improved my own perception of downtown, and been a key point in my visiting downtown businesses on a more regular basis. I also believe that the atmosphere that the outdoor spaces contribute to helps to promote downtown as a tourist friendly environment, and that Council should be pursuing measures that attract the tourist dollar.

I have also not found that the creation of the outdoor dining spaces has had a measurable impact on my ability to find parking in the downtown area - and that I am actually exposed to, and more likely to shop at, more businesses, as a result of being on foot.

I currently commute from the upper westside to near Dominion hospital, both by car and bicycle, via the Soquel Ave post office, and often travel to work via Cathcart St and return through the city center. I have not found the closure of the lane on Cathcart St to have impacted my commute, and I believe that moves to detract from pedestrian friendly aspects of the downtown space to be out of sync with progressive approaches from city councils globally. I urge Council to reject the proposal to reopen the Cathcart St lane.

Thank you for the time taken in considering my submission.

Yours sincerely,
Pete Cooper
233 Calvin Pl
Santa Cruz

19.11 PERMANENT OUTDOOR DINING PROGRAM UPDATE:

FIRST READING OF AMENDMENT TO UNCODIFIED ORDINANCE 2020-27 EXTENDING TEMPORARY

USE OF CERTAIN ADJACENT PUBLIC STREET AND OUTDOOR AREAS FOR ELIGIBLE BUSINESSES City Council - October 25, 2022

19.12 Downtown:
26 businesses using 61 spaces
Beach Area:
6 businesses on the Wharf using
44 spaces
1 business using 2 spaces on
Beach Street
1 business using an unmetered
space on Leibrandt
Westside:
1 parklet in unmetered spaces
Temporary Outdoor Expansion Parklets In Public Right-of-Way:

19.13 11/15/22
2nd Reading
Ordinance Adopted
12/15/22
Ordinance Effective &
Applications Open
3/31/23
Parklet Permit
Applications Due
10/31/23
Temporary Permits Expire
Construction Complete
April - October
Transition Period
Temporary Use In Public Right-Of-Way
3/31/23
Removal of Tents/Canopies
Removal of Inactive Parklets
Reduction of Underutilized
Parklet Areas 19.14
● 21 businesses seeking
permanent approval
● County of Santa Cruz extending
temporary permits for private
property dining until October
31, 2023
● Staff preparing new permit
process for permanent approval
Temporary Outdoor Expansion On Private Property:

19.15 Cathcart Street Temporary Closure
Cedar St.

Front St.

Pacific Avenue
Cathcart St.

19.16 Cathcart Street Temporary Closure
Public Safety:
● Cathcart is the only direct 2-way, east-west street that connects Cedar, Pacific, and Front and the 2-way traffic is critical for emergency response ● Current 1-way layout cuts off a major eastbound route for emergency response ● Provides the only 2-way access to 4 multi-level residential buildings on Pacific:
1010 Pacific, University Town Center - 1101 Pacific, El Centro - 1110 Pacific, Gularte Apts. - 1116 Pacific
● 1 way traffic results in increased response time and increased hazard traveling opposite traffic
● Reversing the street direction in the 1-way westbound lane to run eastbound is unsafe for drivers and could result in an increase of wrong way driving issues

19.17 Cathcart Street Temporary Closure
Circulation & Construction Activity:
● 2-way traffic is critical for connectivity and circulation ● 2-way traffic is critical to keep construction routes on Cathcart to reduce impacts on surrounding neighborhood streets
● 2-way traffic is critical for current and proposed downtown development that requires regular and constantly changing temporary traffic control plans (TCP’s) ● Downtown Developments have limited room for onsite staging and in general require more lane closures for loading and unloading of materials, equipment, and construction in the street for utilities
● The current road closure forces large trucks to route through residential streets and many existing downtown residential buildings are older construction and vibration from large trucks creates more of an impact

19.18 Cathcart Street Temporary Closure
Business Equity:
● The permanent parklet program requires businesses in other parts of downtown to reduce their parklet areas to two parking spaces in most circumstances
a. Examples include parklets currently expanding into bike lanes, utilizing full length of parking spaces, or significant numbers of parking spaces ● Businesses along Cathcart Street could apply for additional parking spaces within their business frontage to expand their parklet areas without extending into the street.

19.19 Recommendation

1. Adopt an amendment to uncodified ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses that:
a. Extends the temporary period for commercial use in the public right-of way, currently set to expire the end of this December through October March 31, 2023. b. Extends the temporary period for commercial use on private property from the end of this December through October 31, 2023;
c. Maintains the expiration date of December 31, 2022 for the partial closure of Cathcart Street.

2. Direct staff to return to the City Council on November 15th with a timeline for transition to permanence for parklets in the public right-of-way which shall include an application deadline, removal of inactive parklets, health, safety and welfare adjustments and a tentative fee schedule for consideration.

19.20 QUESTIONS?

19.21 20.1

20.2 20.3

20.4 20.5

20.6 20.7

20.8 21.1

21.2 21.3

Santa Cruz City CouncilOctober 25, 2022

Santa Cruz City Council
October 25, 2022