NOW THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings.
BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz as follows:
1. The City Council hereby adopts the Parklet Guidelines (attached hereto as Exhibit A) and authorizes the Director of Economic Development to modify or amend these Parklet Guidelines, as needed, to implement and comply with Santa Cruz Municipal Code Chapter 15.83 and with any other applicable rules, policies and laws.
39.19 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 15th day of November, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
39.20 Parklet Guidelines
Latest Revision: November 4, 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 These Parklet Guidelines provide 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.
39.21 Parklet Guidelines
Latest Revision: November 4, 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
39.22 Parklet Guidelines
Latest Revision: November 4, 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.
39.23 Parklet Guidelines
Latest Revision: November 4, 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
39.24 Parklet Guidelines
Latest Revision: November 4, 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.
39.25 Parklet Guidelines
Latest Revision: November 4, 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. Outdoor speakers are not permitted in the parklet.
j. 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.
k. 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. l. 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. Alcohol Service Requirements:
a. At all times when the premises is exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within any outdoor patio area(s) on a regular basis, but no less than once every thirty (30) minutes.
b. A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s), which shall state, NO ALCOHOLIC BEVERAGES BEYOND THIS POINT. Said sign shall measure no less than seven inches by eleven inches (7 x 11), and contain lettering no less than one (1) inch height.
c. The patio area(s) shall be closed to the public when the business is closed to prevent trespassing and/or criminal behavior.
39.26 Parklet Guidelines
Latest Revision: November 4, 2022
d. Borders shall be in place separating any outdoor seating area and any public space to provide separation between any alcohol service area and any public area. The borders shall not be topped with a flat surface to avoid alcoholic beverage placement.
5. 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%. 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
39.27 Parklet Guidelines
Latest Revision: November 4, 2022
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: Approval of an existing temporary parklet in compliance with Santa Cruz Municipal Code Chapter 5.83 and these Parklet 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.
Applicants 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:
o 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 neighboring business owner(s) if parklet encroaches on adjacent business’ frontage.
• Staff will review the application to approve or request modifications consistent with t Santa Cruz Municipal Code Chapter 5.83 and these Parklet 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.
• Staff will complete a final inspection to issue a certificate of approval prior to operation of the permanent parklet.
39.28 Parklet Guidelines
Latest Revision: November 4, 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
• 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 Standards set forth in these Parklet Guidelines.
• 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
39.29 Parklet Guidelines
Latest Revision: November 4, 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.
39.30 Parklet Guidelines
Latest Revision: November 4, 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 (Santa Cruz Municipal Code Chapter 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 Santa Cruz Municipal Code Chapter
5.04;
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;
39.31 Parklet Guidelines
Latest Revision: November 4, 2022
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 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.
39.32 Parklet Guidelines
Latest Revision: November 4, 2022
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 Parklet Guidelines, 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 thereafter.
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.
39.33 Parklet Guidelines
Latest Revision: November 4, 2022
Operating Standards:
Parklets shall comply with all operational requirements below:
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.
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.
39.34 Parklet Guidelines
Latest Revision: November 4, 2022
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.
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;
39.35 Parklet Guidelines
Latest Revision: November 4, 2022
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.
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.
Appeals
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.
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.
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.
39.36 Parklet Guidelines
Latest Revision: November 4, 2022
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.
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.
39.37 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
39.38 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
39.39 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Friday, November 11, 2022 9:43 AM
To: City Council
Subject: 11.15.22 Agenda Item #39 Fascist Permanent Outdoor Dining
11.15.22 Agenda Item #39 Fascist Permanent Outdoor Dining Dear Council,
Of course absolutely NONE of the justifications used to justify temporary parklets have validity after the official Covid emergency declarations expire, which is generous considering they haven't had any in at least a year anyway. French Laundry Emperor Newsom has stated expiration will happen early next year, the last state to do so. This is before your extended temporary permits expire. For most of the rest of the country, there is no emergency. Strange how the Covid virus knows what states to hold up in, and which to not.
My opinion is for about 85% of the people, there NEVER WAS any emergency as the real risk to them from Covid was no different than any bad flu season was, and less so now that the virus has evolved to a less lethal form.
Therefore, you need some new justifications to violate the public right of way as you intend permanently.
In the simplest sense, you should not be renting out per annual exclusive use permits the public right of way unless there is an overriding benefit to the public. This over riding public benefit must more than make up for the loss to the public of it's right of way and with certainty this extra benefit will exist permanently in order to justify any such permanent permits as you propose. Otherwise, it seems like Fascism, the government and business colluding where the public is the loser.
Government and business feeding like pigs at the public trough of public assets and right of way.
You claim the fees are only to cover administrative expenses, but after the first year, what can those possibly be? Ans: none really. This amounts to a exclusive use concessionaire rental of public property. Permanent exclusive use rental of public property without an over riding public benefit. There are many examples of case law where courts invalidated public property concessionaire permits do to lack of public benefit.
How sure are you anyone, even the most paranoid Covid neurotics, will even want to pay full fare to eat and drink in parking lots in a year or so? If that happens, no one at all will benefit except the government having sold out the public right of way to line its pockets. It might even harm businesses who participated.
39.40 2
It's not like the public has an actual need for outside dining. They can just go inside where it is warm or air conditioned and wonderfully comfortable all year long.
I see no limits to the number of such parking spaces envisioned as removable from public use.
Parklets originated as public use spaces, definitely a benefit to the public. Conversion to exclusive use public denial of right of way is fairly recent and not been tested long term either legally or practically.
While it is not clear to me what absolute individual rights apply to public property, I'm quite sure the American principals of rights of equal access, equal rights, and equal opportunity to enjoy public spaces should apply equally to every one as "the public" means everyone.
The only acceptable exceptions to that are usually quite temporary. One must wait their turn as in making reservations or for unusual public events or needed right of way closures.
Are you sure you are not engorging yourselves selling out the value of the public right of way to fund the cities under water excessive spending habits?
This idea of permanent private/business individual bought out public right of way has no justification defense except for the Bill Clinton defense when asked why he did Monica in the Oval Office. "Because I could".
Garrett Philipp - Westside
39.41 1
Rosemary Balsley
From: Pauline Seales <[email protected]>
Sent: Monday, November 14, 2022 8:46 AM
To: City Council
Cc: SC CAN discussion
Subject: Items on Nov 15 agenda
A Thank you
Item 19. Affordable housing plan for 136 River St – former Outdoor World Great location – great need!
A Caution
Item 38/39. Continuance of Outdoor dining areas
Great – the public loves these and they are good for the businesses BUT ‐ heating the outdoors with propane heaters is a serious source of Greenhouse Gases Please Modify
Item 40 Municipal Code – subsections 6) 7)
6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals 7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS‐21,436.
This seems inconsistent with the already approved Climate Action plan section CR‐1 MEASURE CR‐1: Develop an Urban Forest Master Plan
and plant 3,000 new trees by 2030.
“In Lieu” fees supply an easy way for developers to avoid dealing with the environmental problems they create at a time when we urgently need their full involvement in Climate solutions.
Pauline Seales
Santa Cruz Climate Action Network
39.42 PERMANENT OUTDOOR DINING UPDATE:
PARKLET ORDINANCE
City Council - November 15, 2022
39.43 Permanent Parklet Program
● 2nd Reading of Parklet Ordinance
● Resolution to Establish Parklet Fee Schedule
● Resolution to Adopt Parklet Guidelines
39.44 Subcommittee Meeting Held November 11th
Attendees:
Councilmember Meyers
Councilmember Kalantari-Johnson
Zach Davis, The Glass Jar/Penny Ice Creamery/Picnic Basket Mike Bobadilla, Walnut Avenue Cafe
Rebecca Unitt, Economic Development Manager
Bonnie Lipscomb, Economic Development and Housing Director Stephanie Duck, City Attorney’s Office
Outdoor Dining Subcommittee
39.45 Key Takeaways from Subcommittee
Parklet Ordinance:
Term of Parklet Permit
Removal Requirements
Inspection Process
Guidelines:
Securing Parklet After Hours
Defining Public Space Between Sidewalk And Parklet
Live Entertainment – Special Events
Weatherization – Lighting, Heaters & Wind Screens
Platform Design – Vector Control And Cleaning
Outdoor Dining Subcommittee
39.46 Parklet Ordinance
● Core Components of the Ordinance:
○ Parklet Permit Process
○ Design Guidelines & Operating Standards
○ Suspension, Revocation, and Removal Processes
○ Appeals process
39.47 Resolution to Adopt Parklet Guidelines
Parklet Guidelines:
● Parklet Size And Location
● Parklet Construction Requirements
● Traffic & Pedestrian Safety Requirements
● Design & Furnishing Standards
● ADA Accessibility
● Application Process And Checklist
● Operating Requirements & Insurance
39.48 Fees: Revenue Sources:
Application Fee:
Preapproved and Retrofitted Parklet: $500
(waivable)
General Fund
Custom Design Parklet: $500 (waivable) +
additional actual costs relating to processing the
permit at the applicable city staff’s hourly rate set
forth in the City’s Unified Master Fee Schedule:
PW: $154
Building: $130
Fire: $120
General Fund
Economic Development Parklet Annual
Inspection Fee: $250 General Fund
Annual Permit Fee:
Annual Permit Fee for Metered parking spaces:
$2,000 per space
Fees charged in the downtown parking district are
received by the Parking District Fund
Fees for parklets on the Wharf are received by the
Wharf Fund
All other meter locations are received by the General
Fund
Annual Permit Fee for Unmetered parking
spaces: $5.88 per square foot General Fund
Appeal Fee: $519 General Fund
Additional Costs: To be charged at the applicable
city staff’s hourly rate set forth in the City’s
Unified Master Fee Schedule.
General Fund
Parklet Program
Fees
39.49 Downtown Parking District On-street Meter Revenue Parking District Overview:
• Formed in 1956
• Enterprise Fund – User Fees Supported
• Concentrated Parking Supply – City Supplied Parking System • Reduced Parking Requirements
User Fees Support Parking District Services:
• Capital Projects
• Maintenance and Upkeep of Parking Facilities & Equipment • Sidewalk Scrubbing Program
• TDM Program – i.e. Free Metro Bus Passes to Downtown Workers • Downtown Public Restrooms
• Security Services
39.50 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 Inactive Parklets
Reduction of Underutilized
Parklet Areas
39.51 Recommendation
1. Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and
2. Adopt a resolution establishing the Parklet Fee Schedule; and
3. Adopt a resolution adopting the Parklet Guidelines.
39.52 QUESTIONS?
39.53 City Council
AGENDA REPORT
DATE: 11/3/2022
AGENDA OF:
DEPARTMENT:
11/15/2022
Planning & Community Development
SUBJECT: Amendments to Municipal Code Titles 6, 12, 13, 15, 16 and 24 Related to Objective Development Standards for Multi-Family Housing, New Mixed-Use Zoning Districts, Development Review Process Changes, Street Trees, Rightof-Way Improvements, and the Water Efficient Landscape Ordinance; Associated Updates to the Zoning Map; and Establish In-Lieu Fees for Street Tree Removals (File No. FP20-0002) and Additional Modifications to Municipal Code Title 24 to Clarify and Update Various Code Sections Related to Wireless Communication Facilities, Accessory Structures, Fences, and Other Minor Updates; Remove Obsolete Sections and References; Streamline Application Processes; and Bring the Zoning Ordinance into Conformity with State Law, also Rezoning Parcels of Property throughout the City to Reflect Existing General Plan Land Use Allowances. Changes Include Some Amendments to the Local Coastal Program or Its Implementation Plan that Require Subsequent Coastal Commission Approval. (File Nos. A22-0002 and A22-0003) (PL)
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections not included in the Local Coastal Program or Implementation Plan; and
2) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select Option 1 (Streamlined) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and
3) Introduce for publication an ordinance making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and
40.1 4) Introduce for publication an ordinance making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels outside the Coastal Zone; and
5) Direct staff to consider options for 111-119 Leonard St. as part of the forthcoming Ocean Street Area Plan Amendments, as further described in this report; and 6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals; and 7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS-21,436.
BACKGROUND: On August 23, 2022, the City Council received a report and presentation on the subject item (commonly known as the Objective Standards project). Following public comment and deliberation, the City Council moved to continue the item to the next available meeting. At that meeting on September 13, 2022, staff recommended and the City Council moved to continue the item to November 15, 2022. The staff recommendation on that date acknowledged that while robust community engagement was conducted over the prior two years with over 1,000 individuals participating in the process and with prior conversations occurring with both the Planning Commission and City Council, many members of the public still misunderstood basic components of the proposal and more work was needed to ensure the public was adequately informed. The staff recommendation for the continuance also advised against delaying action beyond November 15 as the standards provide the City with more control over architectural design, building materials, and site design. The City Council continued the item to November 15, 2022 with no discussion of the proposal at the September 13, 2022 meeting.
The attached August 23, 2022 agenda report contains background information and analyses on the Objective Standards project and associated changes proposed with this agenda item. The attached September 13, 2022 agenda report includes responses to many of the comments that were received by members of the public before, at, and shortly after the August 23 Council hearing. This report focuses on updates since September 13.
DISCUSSION: In the nearly two months between September 13 and the drafting of this report, Planning staff conducted additional outreach to address common misunderstandings about the project by the community. Staff also drafted policy alternatives for Council to consider based on comments from Council and the public. This report will address those common misunderstandings and recap the subsequent community outreach conducted. The policy alternatives are discussed in detail.
Two new items have also been added to the Objective Standards proposal – the first on requirements for transit passes for certain development proposals and the second for mitigation measures that can be required for the removal of a heritage tree or heritage shrub. These items are also discussed in detail.
40.2 Frequently Asked Questions
Several important issues were raised by members of the public during the August 23 hearing.
Below are brief responses to the most frequently referenced issues. For more detailed responses to each of these questions, see attachment: Objective Standards Frequently Asked Questions.
Is the City upzoning property with the Objective Standards project? No, the proposed development intensities are identical to what is currently allowed, given changes in state law since 2019.
Can the City make the Objective Standards less complicated? The proposed standards represent significant input by community and decision-makers.
They provide multiple design options to encourage eclectic development styles most supported by the community. This increases their length and complexity to some extent.
However, while the proposed standards are more complicated than some cities’, they are less complicated than others.
Would this project take away public hearings for new development? Not necessarily. Staff has prepared several policy alternatives for City Council to consider. Council will decide whether development in mixed-use zones should be subject to the same process currently used for residential development in residential zones (no hearings for 100% conforming projects), or whether mixed-use development in mixeduse zones should be treated more like housing built in commercial zones (hearings required). See the Development Review Process/Public Hearings section below for more detail on these options.
In any scenario the City’s community outreach policy would continue to require outreach to neighbors and pre-application community meetings.
What environmental review was required for this project? The project conforms with the City’s 2030 General Plan which was the subject of an Environmental Impact Report approved by the City Council in 2012.
How will the Objective Standards benefit me?
More local control over high-quality building and site design More transparency regarding development standards, particularly given state laws that supersede many existing standards in the Zoning Code
Design standards that reflect community values
New requirements to plant more trees
New dark-sky lighting standards
Improved open space standards
Development Review Process/Public Hearings
One of the most prevalent concerns raised at the prior hearing relates to a proposed change to the public hearing requirements. Staff and the Planning Commission had recommended a streamlined review process for proposals that meet all of the local zoning regulations, including every one of the new design standards that are proposed. Proposals seeking to vary from any of
40.3 the many proposed standards would not be eligible for the streamlined process and would be reviewed at a public hearing.
As addressed in previous staff reports, most projects would still trigger the requirement for a public hearing through other requested permits, and, therefore, the scope of projects that would benefit from a streamlined review is likely limited. For this reason, staff is open to implementing alternative policy if so directed by the City Council and has drafted three policy alternatives for consideration by the City Council. Additionally, in reviewing these code sections with an eye toward creating these policy options, some text included in the previous draft ordinance on August 23 of this year has been edited and clarified in this updated version. These changes are found in Code Sections 24.08.420, .425, and .426 and are shown in double underline and double strikeout, and explained in comments in the attached Proposed Ordinance Amendments to the Santa Cruz Municipal Code, LCP Ordinance, Redline. Because these code sections were previously reviewed by the Planning Commission and received a recommendation from them, these clarifying edits do not require a new recommendation from the Planning Commission.
Policy Options
Option 1 (Streamlined): The streamlined approach recommended by the Planning Commission and City Planning staff, with
a) Design Permits alone receive administrative review with no public hearing for residential and mixed use projects in a mixed use or commercial district when said projects fully conform to all applicable requirements of the General Plan, Municipal Code, any relevant Area Plan, and the proposed Objective Design Standards for Multifamily Housing; b) Design Permits alone for residential and mixed use projects in a mixed use or commercial district trigger a public hearing before the Zoning Administrator when proposing one to five variations from the proposed Objective Design Standards for Multifamily Housing; and
c) Design Permits alone for residential and mixed use projects in a mixed use or commercial district trigger a public hearing before the Planning Commission when proposing six or more variations from the proposed Objective Design Standards for Multifamily Housing.
Appeals to the Planning Commission and City Council remain in place.
Option 2 (Conforming Hearings): Design Permit would trigger a public hearing for conforming residential and mixed-use projects in mixed-use or commercial districts. a) Design Permits alone for projects proposing zero to five variations from the proposed Objective Design Standards for Multifamily Housing trigger a public hearing with the Zoning Administrator; and
b) Design Permits alone for projects proposing six or more variations to those standards trigger a public hearing before the Planning Commission.
Appeals to the Planning Commission and City Council remain in place.
40.4 Option 3 (Hybrid): This option would distinguish between development proposals based on size and allow smaller projects to use the streamlined approach of Option 1, while larger projects would be subject to the conforming hearings required in Option 2. a) Design Permits alone receive administrative review with no public hearing for residential and mixed use projects in mixed use or commercial districts when said projects include fifty units or fewer and fully conform to all applicable requirements of the proposed Objective Design Standards for Multifamily Housing.;
b) Design Permits alone triggering a public hearing before the Zoning Administrator for fully-conforming projects with 51 units or more;
c) Design Permits alone for residential and mixed use projects in a mixed use or commercial district trigger a public hearing before the Zoning Administrator when proposing one to five variations from the proposed Objective Design Standards for Multifamily Housing; and
d) Design Permits alone for residential and mixed use projects in a mixed use or commercial district trigger a public hearing before the Planning Commission when proposing six or more variations from the proposed Objective Design Standards for Multifamily Housing.
Appeals to the Planning Commission and City Council remain in place These policy options are reflected in the code language shown in the following code sections, found in the strikeout and clean version of the attached Proposed Amendments to the Santa Cruz Municipal Code, LCP Ordinance, Clean and Redline, and each option is identified by number and title in each section: 24.04.130 and 24.08.420.
Findings
The findings that the decision-maker uses to review and approve these permits are the same in each option and are found in proposed code sections 24.08.425 and .426 in the attachments Proposed Ordinance Amendments to the Santa Cruz Municipal Code, LCP Ordinance, Clean and Redline. For fully conforming projects, decision-makers will need to make findings that the project does fully conform to all regulating policy, including the proposed Objective Design Standards for Multifamily Housing. For projects proposing to vary from the Objective Design Standards, the decision-makers will confirm that all other City policies and regulations are met, that the Objective Design Standards from which the project is not proposing to vary are met, and then, for the standards from which the project seeks to vary, the decision-maker will consider the goal of the standard and compare the alternative design to that stated goal and determine that the goal is also met by the alternative design.
Note that the first finding for both conforming and alternative-design proposals requires that “The site plan and building design are consistent with design and development policies…of the General Plan…any area plan…or other city policy.” This finding does allow decision-makers to apply certain subjective criteria or design guidelines found in those documents so long as they stay consistent with the requirements of state law, which among other provisions, do not allow these criteria and guidelines to be used to reduce the number of housing units or housing project square footage.
40.5 Relative Merits of Each Option
Staff and the Planning Commission recommended Option 1 (Streamlining) because it serves as an incentive for projects to fully conform to the standards that were developed with much community input. Public hearings take time and increase direct and carrying costs for housing development projects. The streamlined approach would reserve public hearings for projects that are not meeting the exact letter of the code requirements in some way, along with projects that require public hearings because of other requested allowances or permits. For example, applying for a Density Bonus automatically requires a public hearing. The attached September 13, 2022, agenda report details a wide range of other public hearing triggers that would still apply under the conforming project streamlining proposal.
Under any of the three options, the City’s existing community outreach policies (including requirements for neighborhood notice and a community meeting), the environmental review requirements under CEQA, and the right to appeal a permit all remain in place. The streamlining proposal is the same process that has been used for conforming development in the multifamily R-L (Multiple Residence – Low-Density Residential) and R-M (Multiple Residence - MediumDensity District) zones for at least the past 30 years. Option 1 (Streamlining) asks Council to consider this same process for residential development in mixed-use and commercial zones also.
Many community members felt strongly that public hearings for conforming projects should be part of on-going project review, and so Options 2 (Conforming Hearings) and 3 (Hybrid) have been drafted for consideration by the Council. Public Hearings create an opportunity for members of the public to address decision-makers directly, but they do not create a forum to effectively discuss a project between a developer and a neighborhood. (These discussions are most effective in the context of a community meeting between the developer and nearby residents, as is required by the City’s Community Outreach Policy, which is not proposed to change.) Decision makers are afforded little flexibility in modifying a conforming housing project, beyond confirming compliance with all applicable standards.
All three options build upon several amendments included with the rest of the amendment proposal. First, that all housing is now an allowed use in any residential or mixed-use zone district, meaning only a Design Permit is required, not a Use Permit or Special Use Permit (as is currently the case in the Commercial zone districts for projects of more than two dwelling units).
Second, seeking to vary from the proposed Objective Standards or any other existing requirement of the Municipal Code will always trigger the need for a public hearing with the Zoning Administrator or Planning Commission. Finally, the decision-making body in these public hearings will be limited to evaluating the design of the project rather than the use for housing or the number of dwelling units proposed, compliant with state law. Per state law, projects complying with all the City’s objective development standards cannot be denied or conditioned to reduce the amount of housing proposed and allowed by the City’s zoning and 2030 General Plan.
In both Options 2 and 3, staff is recommending that any hearing for a conforming development project be heard by the Zoning Administrator and be appealable to the Planning Commission and
40.6 then City Council. The distinction between Options 2 and 3 is whether these hearings will be required for every residential development project in the Mixed-Use and Commercial zone districts (Option 2) or if projects of 50 units or fewer could be reviewed administratively, while projects of 51 or more units would require a hearing even if they are fully conforming (Option 3).
Legal Context
While the limits on decision makers understandably cause concern for some, it is important to remember that California State Law has fundamentally shifted the ways local jurisdictions are able to manage development applications and regulate growth. Prior practice for reviewing development proposals and looking for compromise with neighbors over development intensity is simply no longer a legal way to proceed. The public hearings on design permits will be primarily focused on determining either compliance with the relevant standards, policies, and regulations of the City land use laws, or how well a proposed alternative design meets the goal for the Objective Design Standard from which it seeks to vary. Staff has drafted the procedures and findings to retain the control that is currently permitted under the Housing Crisis Act and the Housing Accountability Act. The State Legislature is likely to continue to work on housing bills in the coming years that may affect the manner in which these procedures can be exercised and the proposals to which they apply, and City Staff will work to keep the community and City Council updated as the legislative process continues.
The City Council should consider the relative merits of enacting a policy that incentivizes conforming projects versus a policy that allows for a formal hearing in making findings of conformance with applicable standards and criteria, each of which could be viewed as having benefits to the community. Option 3 creates each of these benefits, but for different sized projects: for fifty or fewer dwelling units, the review of conforming development would be administrative, for 51 or more units, conforming development would be reviewed by the Zoning Administrator. Staff continues to recommend Option 1 (Streamlined). If the Council would like to ensure more public hearings, staff would recommend Option 3 (Hybrid). Option 1 was recommended by the Planning Commission as well. However, a Planning Commission minority did prefer an approach similar to Option 3. In choosing an option, the Council should also consider that even under Option 1, the vast majority of larger projects will trigger a public hearing due to other factors, such as associated density bonus requests, Coastal Permits, tentative maps, slope modification permits, or other triggers.
111 to 119 Leonard Rezonings
Residents of the Central Park neighborhood reached out to City Council members and City Planning staff following the August 23 hearing to raise questions about the proposed rezoning of the three parcels west of May Avenue on the north side of Leonard Avenue. Neighbors were surprised to learn that these three parcels carry a General Plan Land Use Designation of MXVCMixed-use Visitor Commercial, which allows the higher intensity 2.75 Floor Area Ratio and 55 dwelling-unit-per-acre density. The zoning on these sites, R-L Multiple Residence - LowDensity, previously limited the development potential on these sites to match that of the surrounding single- and multi-family neighborhood of Central Park. With the State Law changes that took effect in 2019, the relative weight of the General Plan and Zoning Map was inverted, such that the R-L zoning is no longer a limiting factor on these parcels.
40.7 Staff has researched the City Council, Planning Commission, and General Plan Advisory Commission (GPAC) hearings between 2006 and 2012 and can confirm that the MXVC land use designation that appears on these properties was intentional and executed in the proper legal manner through multiple public study sessions and hearings before both the Planning Commission and the City Council. The General Plan Land Use Map went through several iterations and extensive discussion at the time, and these three parcels are shown in the MXVC land use designation from 2008 onward. They can be seen clearly in the presentation for the Study Session held with the City Council in 2012, which preceded adoption of the General Plan that year, and also in the public hearing on the General Plan held with the Planning Commission in May of 2012. (See the attached General Plan Presentation Excerpts 2/17/2012 and 5/17/2012 showing a zoomed in maps of the Ocean Street area.)
Staff believes that the neighborhood input during this time resulted in the zoning of these parcels remaining in the R-L zone district and outside the boundary of the Ocean Street Area Plan. That action was effective in limiting the development potential of those parcels at the time, but when the State Law changed in 2019, the Zoning was no longer an effective limiting factor in development potential. The General Plan Land Use Designation now governs the development potential in this case, because State Law requires that it overrules Zoning if the General Plan allows for more residential capacity than the Zoning allows. This was a substantial shift in land use policy that no one could have predicted during the General Plan process over ten years ago.
A group of adjacent neighbors is proposing that the City Council make a motion as part of this item to direct staff to initiate a General Plan Amendment that would adjust the land use intensity of the three subject parcels to a lower level of residential intensity, perhaps also without any allowance for commercial uses. In considering such an action, the City Council should be aware that, due to the no-net-loss provision in the Housing Accountability Act, any reductions to residential capacity on a piece of property can only be made concurrently with increases to residential capacity elsewhere. The City is currently well underway on the Housing Element Update, which will require identifying sites where the City’s Regional Housing Needs Allocation (RHNA) housing obligation can be accommodated. The City’s RHNA for the upcoming eightyear cycle is 3,736 new housing units to plan for, and there is a possibility that accommodating this amount of housing will require seeking out locations to increase housing intensity as part of a citywide community planning process, which is likely to be relatively contentious.
City Planning staff would not recommend decreasing residential densities in any part of the city in advance of that planning process associated with the Housing Element Update. The recommended approach is described below and allows for a planning process that is informed by the Housing Element work and focuses on a more limited area rather than a citywide effort.
Staff recommends two steps in addressing this issue with the neighborhood, in order to evaluate the range of options thoroughly and with all the relevant data and information:
1) Proceed with the proposed rezoning to MU-VH. The new zone district will provide land use controls, such as a height limit and setbacks, that currently do not apply. 2) Direct staff to explore whether a General Plan Land Use Map amendment should occur as part of the upcoming process to work on the Ocean Street Area Plan. This separate
40.8 process is being undertaken in conjunction with the rezonings of the parcels on Ocean Street that carry the MXVC General Plan Land Use Designation.
The Ocean Street Area Plan requires an amendment to be consistent with state law. The amendment would need to increase the height limit on around fifteen parcels that are currently identified in that plan for a three-story height limit, but which are identified in the General Plan with the MXVC – Mixed-Use Visitor Commercial Land Use Designation which includes a 2.75 FAR limit. These two restrictions are incompatible, and planning staff will run a community outreach process to work on raising the heights to allow full development of the allowances in the General Plan, and then those sites will need to be rezoned into the appropriate mixed-use zone. The three parcels at 111 to 119 Leonard St. can be evaluated during the process when the Ocean Street Area Plan is being updated. That process will occur following the adoption of the new Housing Element (due in December 2023), though some overlap with latter part of the Housing Element Update could occur.
Transit Pass Requirements for Multifamily Housing
During review of this project in June of this year, the Planning Commission recommended that additional objective standards be added to require new residential developments to provide transit passes as a Transportation Demand Management (TDM) strategy. The Planning Commission had recommended that an objective standard be added to “require free bus passes be provided to tenants in rental projects with 50 units or more, upon request of the tenant.” At the prior hearing on August 23, staff recommended that this recommendation from the Planning Commission be considered as part of the future updates to citywide parking standards that are called for in the recently approved Climate Action Plan. In the intervening month, the Governor signed legislation (AB 2097) that makes implementation of this particular recommendation more pressing than other transportation measures included with the CAP, and staff is now recommending that the City Council take action to add a transit pass requirement to certain housing projects. Because this item was previously discussed and recommended by the Planning Commission, this addition does not require a return to the Planning Commission for a new recommendation.
Due to differing levels of transit service availability in areas of the City, staff strongly recommends only requiring transit passes for residents where higher quality of transit exists.
Staff recommends using the major transit stop definitions from California Public Resources Code to identify geographic areas well served by transit. Additionally, the recent passage of AB 2097 limits the ability to require parking in projects located within one half mile of a high-quality transit stop for projects of 20 units or more. The areas subject to this legislation are shown on the Attachment Major Transit Stops Map. Staff recommends using 20 units or more as the threshold for requiring provision of transit passes in order to address transportation needs in housing projects eligible to provide no parking under AB 2097.
Staff worked with METRO to identify the mechanics of implementing these requirements and METRO has provided a draft of the contract they would use to enter into an agreement with housing developers subject to this requirement. See the Attachment METRO Agreement for Transit Service.
40.9 After working with METRO, staff recommends amending Municipal Code Chapter 10.46 – Congestion Management, part of the attached Proposed Amendments to the Santa Cruz Municipal Code, Non-LCP Ordinance, Clean and Redline, to include the following requirements:
All projects with 20 or more residential units will be required to enter a contract with METRO to provide transit passes for all residents
This requirement will apply within ½ mile of a major transit stop as defined by the Public Resources Code Sections 21155
The remaining sections of Municipal Code Chapter 10.46 are proposed for deletion. While this section has been in the Municipal Code, the City has not been able to implement it due to state law prohibiting mandatory employee trip reduction programs. Deleting those sections and focusing the program on residential uses remedies this issue and responds to the new challenges created by AB 2097.
Staff continues to believe that transit is one part of an effective package of TDM options. Staff will be returning at a future date with a more comprehensive TDM and parking requirements policy update that will be part of the implementation of the Climate Action Plan approved by the City Council in September.
Street Tree Standards
At the August 23, 2022 City Council meeting, staff presented proposed changes to the Tree Ordinance (Chapter 13.30) that support the Requirements for Street Trees proposed in Municipal Code Section 24.12.186, implement recommendations of the Street Tree Master Plan, and improve the overall clarity and consistency of the Municipal Code. Staff also brought forward a proposed resolution establishing an in-lieu fee for street trees. All of these changes were recommended for approval by the Parks & Recreation Commission at their June 13 and August 8 meetings.
Since August, staff have had an additional meeting with the Parks & Recreation Commission on October 10 to discuss in-lieu fees for heritage trees. Based on the recommendations emerging from that meeting and subsequent research, staff are now proposing further revision of the mitigation requirements for heritage trees and shrubs and additional changes to Municipal Code Chapter 13.30 to better clarify how the chapter applies to street trees that are also heritage trees.
Mitigation Requirements for Heritage Trees and Shrubs
Municipal Code Section 9.56.100 establishes mitigation requirements for approved and unapproved removals of heritage trees and shrubs by reference to “a mitigation chart adopted by city council resolution.” City Council resolution NS-21,436, which is attached, spells out the mitigation requirements for replanting, which is the primary intent for mitigation, or payment.
When replanting is not possible, the City currently charges an in-lieu fee of $150 for approved removal of heritage trees and shrubs based on the “current retail value” metric called for in the resolution.
If the City Council were to pass the proposed resolution governing street tree in-lieu fees without updating heritage tree mitigation requirements, it would create a situation in which removal of a
40.10 six-inch street tree would trigger an in-lieu fee ten times greater than removal of a twenty-fourinch heritage tree. Therefore, in order to maintain consistency in the in-lieu fees applied to street trees and heritage trees, staff are proposing updating the in-lieu fees assessed for heritage trees alongside the establishment of in-lieu fees for street trees.
On October 10, 2022, staff brought to the Parks & Recreation Commission a proposal to update heritage tree and shrub mitigation requirements. The proposed update was to take the existing requirements of Council Resolution No. NS-21-426 and replace the “current retail value” fee alternative with a specific list of costs to be covered in order to plant and establish replacement trees or shrubs of the sizes identified in the existing resolution. Based on current calculations, the proposed fees would come to $1,705 for an approved removal of a heritage tree or shrub, $3,410 for an unapproved removal of a heritage shrub or a heritage tree less than 14” in diameter, and $3,904 for an unapproved removal of a heritage tree greater than 14” in diameter.
In their deliberations, Parks & Recreation Commissioners expressed a desire to further disincentivize the unapproved removal of heritage trees. The Commission voted 6-1 to recommend approval of an in-lieu fee of $1,705 for approved removal of heritage trees and shrubs, and to double the higher fee for unapproved removal proposed by staff to approximately $7,800. They further recommended simplifying the mitigation chart to not distinguish between the requirements for shrubs and trees and between heritage trees above and below 14” in diameter.
After discussion with the City Attorney’s Office, staff now understands that implementing the Commission’s fee recommendation, staff’s October 10 fee recommendation, or even the existing heritage tree and shrub mitigation resolution, may be problematic if tested in court. Under state law fees collected by the City, such as in-lieu fees, are to be representative of the estimated reasonable costs that will be incurred by the City. The in-lieu fee proposed for an approved heritage tree removal of $1,705 is based on a calculation of such costs, which are shown in the attached Tree In Lieu Fee Calculations, Revised. The actual costs of tree replacement do not vary depending on whether the tree’s removal was approved or unapproved by the City.
For example, consider the case of someone who accidentally damages a heritage tree in a car crash. Would it be appropriate and defensible to charge them a larger fee than the costs of replacement for that “unapproved” damage? If the goal of having a higher mitigation requirement for unapproved removal of heritage trees is to create a disincentive, Sections
9.56.100 and 9.56.110 currently include penalty provisions in the case of unapproved removal.
This penalty provision includes reference to potential prosecution as either a misdemeanor or infraction (which may both be punishable by a fine), as well as the remedies and penalties provided in Title 4, which could be substantial in the case of a willful or egregious violation. In the case of an infraction (the lowest penalty), the combined penalty and fee proposed for unapproved removal would be roughly equivalent to those assessed today under the existing resolution.
For these reasons, staff now proposes that Council adopt the attached Resolution Establishing Mitigation Requirements for Heritage Trees and Shrubs, which combines trees and shrubs and different sizes of heritage tree (as recommended by the Parks & Recreation Commission) and approved versus unapproved removals into one explicit cost-based fee requirement. The replanting mitigation requirements are similarly simplified and combined.
40.11 Chapter 13.30
Some street trees are also heritage trees. In order to clarify how Chapters 13.30 (The Street Tree and Nuisance Vegetation Ordinance [proposed title]) and 9.56 (Preservation of Heritage Trees and Heritage Shrubs) apply to heritage trees in the public right-of-way, staff are proposing additional changes to Chapter 13.30. A few additional clarifying changes are also proposed.
These changes reflect the recommendation of Parks and Recreation staff and differ from the recommendation of the Parks and Recreation Commission on this subject. The recommendation of the Parks and Recreation Commission is reflected in the meeting summary attached as part of the Heritage Tree Mitigation Requirements Agenda Report and Summary of Parks and Recreation Commission Meeting of October 10, 2022..
The changes are to the following sections, and are indicated with a double underline and double strikeout in the attachment Proposed Amendments to the Santa Cruz Municipal Code, Non-LCP Ordinance, Redline:
a) 13.30.030 – Add a definition of “heritage tree.” Add a definition of “nuisance vegetation.”
b) 13.30.060 – Remove language on removal and replacement from this section in order to avoid a requirement in 9.56.060(k) that no fees or costs be charged for maintenance work specified in 13.30.060(b). This would be a change in policy direction from when the Heritage Tree Ordinance was written, but reflects the wishes of staff and the Parks & Recreation Commission to be able to charge in-lieu fees for street trees, including heritage street trees.
c) 13.30.063 – Add a new section on replacement of street trees. Move language on the payment of in-lieu fees into this section. Add language into his section allowing the inlieu fee to be waived in the case of demonstrated economic hardship. d) 13.30.100(b)(3) – Add new language clarifying that permits for work on heritage street trees will be handled under the requirements of 9.56.060 only and not 13.30.100, which will prevent applicants from needing to file for two separate permits. Add new language clarifying that root pruning associated with sidewalk opening is handled under the permitting process of Section 15.20.210, not through a street tree permit. Root pruning performed under this permitting process is still inspected by the Urban Forester.
Community Outreach
Since September, City Planning staff has created new content for the Objective Standards Project website with answers to the most Frequently Asked Questions about the project and a list of each code section proposed for amendment and why the amendment is recommended. Both of these documents were made available on the project website in advance of the publication of this agenda package and provide the public with some guidance to understand the scope of changes that are proposed and the manner in which the City is complying with California State Housing Law. They also create a reference for those that want to take a closer look at the specifics of the proposed ordinance language. The attached Ordinance Summary Table lists each section of the
40.12 Municipal Code that is proposed for amendment and identifies the department and project that initiated the change, the section number and title, a summary of the proposed change, and a reference to whether that section can be found in the Local Coastal Program (LCP) ordinance or the Non-Local Coastal Program (Non-LCP) ordinance. This table reduces over 200 pages of ordinance text down to a ten-page table for easier review.
The frequently asked questions also formed the core of a community meeting held on October 27 and attended by 12 members of the public. To advertise the meeting, Planning staff emailed each person who had submitted comments to the City Council for the August 23rd hearing, as well as to anyone who had signed up for notifications through the project website. The meeting was publicized on the City’s Facebook page on three separate occasions, appeared on the City Calendar, and was featured in the City Manager’s weekly update that is distributed via email and posted to the website.
Staff received 10 questions in writing prior to the meeting and four questions during the meeting.
The answers to the written questions are detailed in the Objective Standards FAQ Community Meeting PowerPoint attachment. The four questions in the meeting related to details about some of the proposed standards, future plans for further zoning updates, and proposed height limits, and staff provided answers to these questions. A recording of the meeting is also available on the project website (www.cityofsantacruz.com/OBJ).
Planning staff also met in person with over a dozen residents of the Central Park neighborhood to hear their interest in the properties at 111-119 Leonard St and discuss the options available to address their comments. Following this meeting City staff provided follow up in the form of a second meeting providing records of public hearings that are too old to appear on the City’s website and discussing the available paths forward.
Recommendation and Next Steps
The City and its consultants have led a robust community engagement effort over the past two years as part of the objective standards process. The pause since August has allowed for further outreach and communication with members of the community, including some who have not been involved over the prior two years and are now getting up to speed on this large package of amendments. Staff has spent time answering questions on the phone, in email, through the City’s website, and at community meetings to be sure that the community understands the actions that are proposed, where there are opportunities for further change, and where state law supersedes local discretion. As noted at the August 23, 2022 hearing, these standards will be updated as staff, applicants, community members, and decision makers learn from their application.
Staff strongly advises against any further delay on adoption of these standards. As detailed in the prior two City Council reports, the application of these standards will provide the City with more control over the design and materials of projects than is currently available under the law. They will result in higher quality architectural and site design and higher quality materials that reflect the values filtered from over 1,000 participants in the planning process. Per state law, these new standards will not apply to any projects that have a complete preliminary review application (meeting applicable state-identified standards) or a complete formal application prior to the effective date of the standards. The standards will apply outside the Coastal Zone 30 days after
40.13 approval at two Council meetings (first and second readings) and inside the Coastal Zone after the Coastal Commission approves them, which will at minimum be several months after the Council’s second reading. These unavoidable delays create the potential for the quality of the City’s built form to suffer as a result of projects submitted in the interim that will not have to comply with the standards the community has helped to create. While the final push of community engagement has been important enough to warrant a brief pause, any further delay is strongly discouraged.
Staff will begin implementation of the ordinances in accordance with the dates and locations where they take effect and will begin processing development applications with the new process and objective standards early next year.
Staff and the consultant team are working on creating a set of checklists that will help project applicants and City staff integrate the new objective design standards into project review, and further work on the administrative details will take place between now and the time the standards take effect. Planning staff will continue to evaluate the efficacy of the approved Objective Standards. Changes will be proposed as needed. Staff anticipates returning to Council in a year or two to report on potential amendments.
Additionally, a few follow up items will require public hearings: first, at a prior Council meeting, staff highlighted the need for a clean-up General Plan text amendment to remove and clarify text that is no longer enforceable under the current state law. This item was inadvertently missed in the effort to pull all the components of the Objective Standards project together for hearings and will be processed in the coming months. Additionally, as noted above, the Ocean Street Area Plan requires an amendment to comply with state law, which will proceed following the City’s Housing Element Update.
Environmental Review
Given that the amendments do not increase already studied and allowed development intensity evaluated as part of the General Plan, no further environmental review is required pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines.
Regarding the amendments relating to fences, accessory structures, and children’s play equipment, the proposed amendments do not change the level of impact these structures would have on the natural environment. Due to their small size; temporary, ancillary nature; and the fact that they do not effect the intensity of the primary residential use, such structures will not create a significant environmental impact. Section 15303(e) of the CEQA Guidelines states that accessory structures are categorically exempt from CEQA review. Minor amendments to the Zoning Ordinance related to the location, size, and physical characteristics of such accessory structures are also exempt from CEQA under Section 15061(b)(3), the “common sense” exemption, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Health in All Policies
The items relating to the creation of objective standards that are currently before Council are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that
40.14 they were developed through equitable outreach to a broad population (including those historically underrepresented) and create development standards that may encourage the construction of needed housing, particularly multi-family housing units that serve a broad range of the community and that incorporates sustainable design outcomes.
The proposed amendments to public right-of-way improvements are consistent with the Health in All Policies pillars of equity, public health and sustainability in their promotion of wider access to high-speed internet through requirements for fiber optic conduit, their support of walkable neighborhoods by increasing the width of sidewalks in many neighborhoods to make walking a safer and more accessible mode of transit.
The standards requiring street trees in Title 24, the changes to the Tree Ordinance, and the Street Tree In-lieu Fee Resolution support the Health in All Policies sustainability pillar and the Collective of Results and Evidence-based (CORE) goal of Healthy Environments by ensuring that the multiple environmental benefits brought by trees are included in development projects, that industry standard care is given to street trees, and that street tree replacement is prioritized.
The items relating to the miscellaneous Zoning changes are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that they improve the usability of the Zoning Ordinance for all people. The proposed amendments, while relatively minor in nature, will help bring the Zoning Ordinance into conformance with State law, streamline processing of specific permits, more clearly define certain processes and standards, and remove obsolete phrases and sections.
FISCAL IMPACT: The project itself had a minimal direct fiscal impact, as most of the consultant costs were covered by grant funds. The draft objective standards seek to align the Zoning Ordinance and General Plan standards while also adding transparency to the development review process. Streamlining of conforming projects is also proposed. This may incentivize and induce new mixed-use and multi-family housing development proposals, so the City could receive greater permit fees and impact fees associated with new development. New residents would also result in additional sales tax revenues associated with those residents’ spending. New residents also bring additional service demands, so any new revenues associated with new residential development would come with new service delivery costs. The establishment of a Street Tree In-lieu Fee will lead to additional funding for planting and establishment of trees on public lands in the City.
Prepared by:
Sarah Neuse
Senior Planner
Matt VanHua
Principal Planner
Submitted by:
Lee Butler
Planning and Community
Development Director
Approved by:
Matt Huffaker
City Manager
40.15 ATTACHMENTS:
1. Ordinance Amending the Santa Cruz Municipal Code, Non-LCP - Clean
2. Ordinance Amending the Santa Cruz Municipal Code, LCP - Clean
3. Ordinance Amending the Santa Cruz Municipal Code, Non-LCP – Track changes
4. Ordinance Amending the Santa Cruz Municipal Code, LCP – track changes
5. Ordinance Amending Zoning Map, Coastal Parcels
a. Exhibit – Proposed Amendments to Zoning Map – Coastal Parcels
6. Ordinance Amending Zoning Map and Exhibit with Amended Zoning Map, Non-Coastal Parcels
a. Exhibit – Proposed Amendments to Zoning Map – Non-Coastal Parcels
7. Resolution Establishing Fees for Street Tree Removals
8. Resolution Establishing Mitigation Requirements for Heritage Tree or Heritage Shrub Removal
9. City Council Resolution NS-21,436 of 1/25/1994 – Establishing Mitigation Requirements for Damage or Removal of Heritage Trees and Shrubs
10. Agenda Report and Summary of Parks and Recreation Commission Meeting of October 10, 2022
11. Tree In Lieu Fee Calculations, Revised
12. Agenda Materials from City Council Hearing August 23, 2022, available online at https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1945&doc type=1
[Go to www.cityofsantacruz.com>Government>City Council Meetings>View agendas>August 23>Item 21]
13. Agenda Materials from City Council Hearing September 13, 2022, available online at https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1951&doc type=1
[Go to www.cityofsantacruz.com>Government>City Council Meetings>View agendas>September 13>Item 27]
14. Major Transit Stops Map
15. METRO Agreement for Transit Service
16. General Plan Presentation Excerpts, 2/17/2012 and 5/17/2012
17. Objective Standards Frequently Asked Questions
18. Ordinance Summary Table
19. Objective Standards FAQ Community Meeting PowerPoint
40.16 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 6.12 – SOLID WASTE; 12.60 – UNDERGROUND UTILITY DISTRICTS; 13.30 – TREES; 15.20 – DRIVEWAYS AND SIDEWALKS; 16.16 – WATER-EFFICIENT LANDSCAPING ORDINANCE; SECTION 24.06.020 – INITIATION OF CHAPTER 24.06; PART 14: RESIDENTIAL DEMOLITION/CONVERSION AUTHORIZATION PERMITS OF CHAPTER 24.08 LAND USE PERMITS AND FINDINGS; SECTION 24.10.160 – HOME OCCUPATION REGULATIONS; PART 10: COMMERCIAL THOROUGHFARE ZONE OF CHAPTER 24.10 – LAND USE DISTRICTS; SECTION 24.10.2301 – USES DEVELOPMENT STANDARDS AND DESIGN GUIDELINES; PART 8: UNDERGROUND UTILITY DISTRICTS OF CHAPTER 24.12 – COMMUNITY DESIGN; SECTION 24.12.1108 –
MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES; SECTION 24.14.030 – SLOPE REGULATIONS; CHAPTER 24.16 – AFFORDABLE HOUSING PROVISIONS; CHAPTER 24.22 – DEFINITIONS; DELETING PART 23 OF CHAPTER 24.08 – CONDITIONAL DRIVEWAY PERMIT; CREATING SECTIONS 15.15 – PUBLIC REALM DESIGN FOR MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS; AND PARTS 9A, 9D, AND 9E OF CHAPTER 24.10 – LAND
USE DISTRICTS OF THE SANTA CRUZ MUNICIPAL CODE IN ORDER TO ESTABLISH
OBJECTIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY HOUSING, CREATE MIXED USE ZONING DISTRICTS, REGULATE STREET TREES, REQUIRE RIGHT-OFWAY IMPROVEMENTS, AND UPDATE THE WATER EFFICIENT LANDSCAPE ORDINANCE; AND TO INCORPORATE MODIFICATIONS TO MUNICIPAL CODE TITLE 24 TO CLARIFY AND UPDATE VARIOUS CODE SECTIONS, REMOVE OBSOLETE
SECTIONS AND REFERENCES, STREAMLINE APPLICATION PROCESSES, AND
BRING THE ZONING ORDINANCE INTO CONFORMITY WITH STATE LAW BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 6.12.050 – Storage of Receptacles of Chapter 6.12 – Solid Waste of the City of Santa Cruz Municipal Code is hereby amended as follows:
6.12.050 STORAGE OF RECEPTACLES
Containers or receptacles must be stored in a manner which facilitates a safe and sanitary condition and which does not impose a barrier to efficient and physically safe collection by city collection crews as determined by the director of public works. All receptacles or containers shall be stored in a manner as to prevent their contents from being scattered or carried by wind or water in a fashion which causes the accumulation of litter or an unsightly, unsafe or unsanitary condition to exist.
All containers or receptacles containing acceptable wastes or recyclables produced by any commercial or industrial establishment shall be placed for collection at a convenient and accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.
40.17 Development permit applications for all industrial, institutional, commercial, professional office and residential developments having more than two units in each structure shall be reviewed by the director of public works to assure that sufficient space is provided in accordance with this section.
In all cases of dispute or complaints concerning the place where refuse or receptacles shall be placed while awaiting the removal of their contents and the same is not specifically fixed by this chapter, the director of public works shall forthwith designate the place and such decision shall be final.
Refuse Container Storage Facility Design Standards – Refuse container enclosures are required of all new multi-family and mixed-use residential projects with 3 or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Design Standards that are current at the time of design review available from the Public Works Department.
Section 2. Chapter 10.46 – Citywide Trip Reduction Program of Title 10 – Vehicles and Traffic of the City of Santa Cruz Municipal Code is hereby amended as follows:
Chapter 10.46 - CITYWIDE TRIP REDUCTION PROGRAM
Sections:
10.46.010 Purpose.
10.46.020 Applicability.
10.46.030 Definitions.
10.46.040 Compliance measures for residential developments of twenty or more housing units in a single application.
10.46.010 PURPOSE.
The purposes of this chapter are as follows:
(a) To establish programs and requirements for new multifamily residential projects of 20 units or more that will help reduce automobile trips and improve mobility. (b) To ensure the city plays a significant role in promoting alternative transportation use other than the single-occupant vehicle;
(Ord. 93-53 § 1 (part), 1994).
10.46.020 APPLICABILITY
(a) This chapter shall apply to all of the following:
New Multifamily projects of 20 units or more that are located within ½ mile of public transit.
40.18 10.46.030 DEFINITIONS
For the purpose of this chapter, the following words and phrases are defined and explained:
“Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code
10.46.040 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF
TWENTY OR MORE HOUSING UNITS IN A SINGLE APPLICATION
Applications for residential developments in which twenty or more housing units are proposed within one half-mile of public transit shall enter into a contract with Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents.
Section 3. Section 12.60.010 – Definitions of Chapter 12.60 – Underground Utility Districts, Division II of Title 12 – Local Improvements of the City of Santa Cruz Municipal Code is hereby amended as follows:
12.60.010 DEFINITIONS.
Whenever in this chapter or in chapter 24.12.700 the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
(1) “City” means the city of Santa Cruz, a municipal corporation of the state of California. (2) “Commission” means the Public Utilities Commission of the state of California. (3) “Communications Service” means any service offering a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications most typically via subatomic particles or the electromagnetic spectrum, including but not explicitly, those under jurisdiction of the Federal Communications Commission such as cable, cellular, telephone, radio, fiber-optic, or internet.
(4) “Council” means the city council of the city.
(5) “Dark Conduit” means unused or empty conduit and any associated infrastructure, such as but not exclusively, junction boxes, termini, and access panels, for the installation or expansion of electrical or communications services and lines by others or at a future date, all as specified by Public Works.
(6) “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of Section 12.60.020. (7) “Person” means and includes individuals, firms, corporations, copartnerships, and their agents and employees.
(8) “Poles and overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.
40.19 (9) “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
Section 4. Section 12.60.040 – Overhead Wires – Exception by Special Permission of Chapter
12.60 – Underground Utility Districts, Division II of Title 12 – Local Improvements of the City of Santa Cruz Municipal Code is hereby amended as follows:
12.60.040 OVERHEAD WIRES – EXCEPTION BY SPECIAL PERMISSION.
The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.
The City Engineer, may also grant special permission for a period not to exceed three (3) years, on such terms as the Department may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate temporary poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.
Section 5. Chapter 13.30 – Trees of Title 13 – Parks and Recreation of the City of Santa Cruz Municipal Code is hereby amended as follows:
Chapter 13.30 - TREES
Sections:
13.30.010 Short title.
13.30.020 Purpose.
13.30.030 Definitions.
13.30.040 Parks and recreation director – Powers and duties.
13.30.050 Parks and recreation commission – Powers and duties.
13.30.060 Property owner maintenance responsibilities – Duties and liabilities.
13.30.063 Replacement of Street Trees
13.30.065 Damaging street trees forbidden.
13.30.067 House moving.
13.30.070 Duties of public utilities.
13.30.080 Approved street tree list.
13.30.090 Street tree planting.
13.30.100 Permits required.
13.30.110 Prohibited vegetation – Nuisance.
13.30.120 Abatement of public nuisances.
13.30. 130 Recovery of damages for loss of street trees.
13.30.140 Infraction.
13.30.150 Legal Remedies/Penalties and Fines.
13.30.160 Right of appeal.
13.30.170 Where to file appeal.
40.20 13.30.180 Procedure for appeals.
13.30.190 Stay, pending appeal.
13.30.200 Hearing on appeal.
13.30.210 Liability.
13.30.220 Severability.
13.30.010 SHORT TITLE.
This chapter shall be known as the “Street Tree and Nuisance Vegetation Ordinance of the City of Santa Cruz.”
13.30.020 PURPOSE.
The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this Street Tree and Nuisance Vegetation Ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of street trees and other vegetation within the city of Santa Cruz. For any street trees that are also heritage trees, the provisions of chapter 9.56 shall be applied in addition to the provisions of this chapter 13.30.
13.30.030 DEFINITIONS.
For the purposes of this chapter, the following words have the meaning given in this section:
(a) “Approved Street Tree List” means a list prepared and maintained by the Parks & Recreation Department of the city of Santa Cruz of tree species approved for use in the city’s public right-of-way.
(b) “Clear Vision Area” means the twenty-five foot triangle of property at the intersection of any streets improved for vehicular traffic as diagrammed below. (c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any street tree or vegetation, any trenching or excavating near any street tree or vegetation, or any action which may cause death, destruction or injury to any street tree or vegetation, or which places any street tree or vegetation in a hazardous condition or in an irreversible state of decline.
(d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.
(e) “Discretionary review” shall mean any review by the city requiring the exercise of judgment in deciding whether to approve a permit or project.
40.21 (f) “Heritage tree” shall mean any perennial plant or grove of perennial plants growing on public or private property, having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and the development of woody branches at some distance above the ground, and meeting criteria set forth in Section 9.56.040. “Heritage tree” shall not include trees planted for agricultural crops such as fruit or nut trees. (g) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.
(h) “Nuisance vegetation” means vegetation meeting the criteria of section 13.30.110. (i) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.
(j) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk. (k) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.
(l) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.
(m) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.
(n) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.
(o) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010 of the Municipal Code. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210.
(p) “State Tree Care License” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.
(q) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.
(r) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.
(s) “Street Tree Planting Details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted. (t) “Traffic Diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.
(u) “Tree Sidewalk Program Policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the Parks and Recreation Street Tree Sidewalk Program.
(v) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.
40.22 13.30.040 PARKS AND RECREATION DIRECTOR – POWERS AND DUTIES. (a) The director of parks and recreation shall be responsible for administering and enforcing this chapter. The director of parks and recreation shall have the following powers and duties in addition to those created elsewhere in this chapter:
(1) Issue permits pursuant to Section 13.30.100;
(2) Maintain the city’s Approved Street Tree List
(3) Abate public nuisances as hereinafter provided, and in an emergency situation to protect public health, safety, and welfare;
(4) Order removal of dead or diseased trees on private property or within the public rightof-way when found to pose a threat to public safety, property or other trees in the vicinity. (b) The director shall have the power to perform the following services to aid landowners with compliance of any maintenance obligations as required by this chapter and, in his or her discretion, take any measures necessary to prevent or eliminate hazards when said maintenance has not been performed:
(1) Provide technical assistance and information to assist landowners in maintaining street trees;
(2) Inspect and maintain street trees and make recommendations regarding street trees to city staff and the public;
(3) Assist in the maintenance, removal and replacement of street trees in the public rightof-way; (4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use; (5) Require street tree planting and replacement, inspection, pruning, root pruning, spraying, or other of any street tree planted pursuant to the requirements of this chapter. (6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or public right-of-way.
(c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as required in the city’s Municipal Code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4 of the Municipal Code.
13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.
The parks and recreation commission shall have the following powers and duties:
(a) Hear appeals pursuant to Section 13.30.170 and 13.30.180, from persons aggrieved by any decision of the director of parks and recreation taken under the provisions of this chapter. (b) Make recommendations to the city council concerning policies, programs and decisions relating to street trees.
40.23 13.30.060 PROPERTY OWNER MAINTENANCE RESPONSIBILITIES – DUTIES AND LIABILITIES.
(a) A property owner shall be responsible for the maintenance (as further described in subsection (b) below) of all street trees and other vegetation located on adjacent parkways and in adjacent sidewalk areas per Section 15.20.210 (including but not limited to street trees or other vegetation contained in planters located on adjacent parkways and in traffic diverters adjacent to parkways). The property owner shall also be responsible for the maintenance of all trees and other vegetation on their property causing or threatening damage to or obstructing adjacent sidewalk areas as specified by Section 15.20.210 and 15.20.220. (b) Maintenance required under this Section 13.30.060 shall include, but not be limited to the following acts:
(1) Watering as necessary;
(2) Removing any material which would be harmful to street trees, such as wire, rope, and signs;
(3) Notifying the director of any diseased street tree or hazard posed to street trees or vegetation;
(4) Maintaining trees or vegetation so that there is adequate vertical pedestrian clearance from the top of the sidewalk and adequate vertical vehicular clearance from the top of the curb, to any part of a street tree;
(5) Pest control and fertilizing, as needed;
(6) Pruning trees, shrubs and other vegetation to allow for adequate visibility of and clearance of street signs, traffic-control devices, utility lines and other stationary equipment;
(7) Pruning any trees, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public rightof-way; (8) Pruning any street trees, shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director so as to avoid any damage to public health, safety and welfare, to standards set by the city;
(c) Before any street tree is planted, pruned, root pruned, or removed under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite.
(d) All maintenance activities on street trees contemplated by this section shall be performed in conformity with:
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of planting, or any other maintenance responsibilities or requirements provided in this Section 13.30.060, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, or other maintenance.
40.24 13.30.063 REPLACEMENT OF STREET TREES.
(a) A property owner who removes a street tree located in the public right-of-way adjacent to the property owner’s property consistent with this chapter or for which the property owner is responsible for maintaining under Section 15.20.210 of this code, shall be responsible for the replacement of said tree pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in Section 13.30.090. The replacement tree may be planted in the same location of the removed tree or as otherwise approved by the director in the interest of public health, safety, and welfare.
(1) In circumstances where replacement of the removed street tree is not feasible due to conflicts with planned or existing public infrastructure, including other street trees, or existing private infrastructure, the director may in his or her sole discretion, authorize the payment of an in lieu fee as set by city council resolution, or waive the replacement requirement under this Section 13.30.063.
(2) If the property owner meets the criteria described in subdivision (a) or (b) of Government Code Section 68632 and has complied with the permit requirements of Section 13.30.100, the city shall waive the in lieu fee (b) Any replacement of street trees contemplated by this section shall be performed in conformity with Sections 13.30.060 (c), (d) and (e).
(c) Replacement of street trees pursuant to this section shall require permits in conformity with
13.30.100.
(d) For any replacement of street trees that falls under the purview of the City of Santa Cruz’s Local Coastal Program (“LCP”), property owners shall be subject to any requirements under the LCP, including but not limited to, a two-for-one planting and maintenance program when tree removal is necessary for new development.
13.30.065 DAMAGING STREET TREES FORBIDDEN.
No person shall damage, or allow to exist any condition, which may damage, any street tree, including but not limited to the following:
(a) Pruning a street tree to expose business signs or buildings or for any other purpose except as otherwise permitted herein;
(b) Exposing the street tree to deleterious materials and substances; (c) Allowing fire to burn so near a street tree as to cause damage to a street tree or that may be detrimental to the health of the street tree;
(d) Allowing wires to constrict any part of a street tree; (e) Constructing, altering, or repairing a sidewalk or other improvement in a manner which may be detrimental to the health of a street tree;
(f) Disfiguring a street tree by any means of physical injury or graffiti; (g) Nailing or tacking a sign, poster, or similar device into a street tree; (h) Driving stakes into the street tree for any purpose other than supporting the street tree.
13.30.067 HOUSE MOVING.
Where a structure is to be moved over a route which may entail damage to street trees, the city may require the person moving the structure to post a bond or other security to cover the cost of anticipated damage to street trees.
40.25 13.30.070 DUTIES OF PUBLIC UTILITIES.
It shall be the duty and responsibility of any public utility installing or maintaining any overhead wire or underground pipes or conduit in the vicinity of a parkway strip, to obtain permission from the director before performing any maintenance on said wires, pipes or conduits, which would cause injury to street trees. Such public utilities shall in no way injure, cut roots, deface, prune, or scar any street tree until their plans and procedures have been approved by the director.
13.30.080 APPROVED STREET TREE LIST.
(a) The director of parks and recreation shall prepare and maintain the Approved Street Tree List enumerating the species of shade and ornamental trees permitted to be planted in the public right-of-way. Any amendments to the Approved Street Tree List shall be presented to the parks and recreation commission for discussion, with a final recommendation to the director of parks and recreation. The Approved Street Tree List shall be made available to the public through the department of parks and recreation.
(b) Newly planted street trees must comply with the Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list.
(c) All street trees shall conform with any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy.
13.30.090 PLANTING STREET TREES.
(a) The director shall prepare a Street Tree Master Plan for the city, which shall include but not be limited to, an inventory of street trees in the public right-of-way, as well as any city goals for managing existing street trees and planting future street trees. The plan shall be submitted to the parks and recreation commission for recommendation to the city council. When approved by the city council, the plan shall be made available to the public through the parks and recreation department and the department of planning and community development. (b) Objective Standards for Planting Street Trees. The following objective standards shall apply to the planting of any street trees:
(1) Any street trees installed shall be a minimum container size #15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock.
(2) Tree species shall be selected from the Approved Street Tree List, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list. (3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (4) The property owner shall check for the presence of utilities in the area of a proposed plantings and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.
13.30.100 PERMITS REQUIRED.
(a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any street tree.
40.26 (1) The application required in this subsection (a) shall state the number of trees to be planted or set out the location, size, and variety of each tree, the method of planting, and such other information as the director may require.
(2) The director may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood. (b) Permit for Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to transplant or remove any tree within the public right-of-way. A permit shall also be obtained from the director by any person proposing to prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree within the public right-of-way. (1) The application required in this subsection (b) shall state the number of trees affected, the location, size and variety of each tree, the work proposed, and such further information as the director may require.
(2) The director may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree.
(3) Any person proposing to prune, relocate, or remove any heritage street tree shall be exempted from the permit requirements of this Section 13.30.100(b) and shall be required to obtain a permit pursuant to Section 9.56.060.
(4) Any person proposing to root prune a street tree shall be exempted from the permit requirements of this Section 13.30.100(b) and shall be required to obtain a permit pursuant to Section 15.20.210.
(c) All persons requesting a permit pursuant to subsection (a) or (b) above shall submit a permit application, together with the appropriate fee as set forth by city council resolution, to the parks and recreation department prior to performing any work requiring a permit as set forth in this section.
(d) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify. (e) The permit requirement proposed by this section may not apply to street tree planting or removal associated with development projects that are reviewed by another city of Santa Cruz advisory body or city department under Title 24 or pursuant to applicable state or federal law, that include a discretionary review process, and to which the relevant advisory body or city department has applied the standards of this Chapter 13.30 in consultation with the city’s urban forester.
(f) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated. (g) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.
40.27 13.30.105 STATE TREE CARE LICENSE REQUIRED.
(a) Except as set forth in subsection (b) of this section, and in addition to any permit required pursuant to Section 13.30.100 above, a valid State Tree Care License issued by the State of California shall be obtained by any person proposing to perform any pruning, maintenance, care or removal of any street tree for hire within the city limits of the city of Santa Cruz. (b) Any person who is the property owner adjacent to the street tree needing pruning, maintenance, care, or removal shall be exempted from the requirements of this section requiring a State Tree Care License if said property owner intends to personally perform, and subsequently does personally perform, himself or herself said needed pruning, maintenance, care or removal of said street tree. Said owner shall comply with all other provisions of this chapter.
13.30.110 PROHIBITED VEGETATION – NUISANCE.
No person shall allow to exist, on property either owned by that person or property for which the person is responsible, as specified by Chapters 13.30 and 15.20 of this code, any nuisance vegetation or nuisance condition, including but not limited to the following:
(a) Any tree, shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement; (b) Within a Clear Vision Area, any tree limb, shrub, or plant reaching a height more than thirty inches above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feet above curb grade;
(c) Vines or climbing vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, or infected with disease, pests, fungus or growth injurious to plant material, or dead; (e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges, trees, shrubs, vegetation, and plants interfering with any street improvements or sidewalk areas within the public right-of-way.
(g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare as determined by the director.
13.30.120 ABATEMENT OF PUBLIC NUISANCES.
(a) When any public nuisance as defined herein exists, the owner or occupant shall be served with an abatement notice in accordance with Title 4 and Section 4.03.010 of this code, describing the condition, stating the work necessary to correct the condition, and the time within which such work must be completed. The notice shall also state that the required work will be performed by the city or by others under the city’s supervision if it has not been performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city. (b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-ofway. Notice to the property owner or occupant shall be served within a reasonable time from the
40.28 emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.
(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.
13.30.130 RECOVERY OF DAMAGES FOR LOSS OF STREET TREES.
Any person who damages or destroys a street tree is liable to the city for any costs related to the repair or replacement of such street tree.
(a) The director shall determine if and when replacement of a street tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List.
(b) For heritage trees, monetary damages and mitigation requirements may be assessed as specified in Chapter 9.56.
13.30.140 INFRACTION.
Any person who violates the provisions of Section 13.30.100 shall be guilty of an infraction and punishable by a fine of the maximum amount permitted by law. Each such person is guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punished accordingly.
13.30.150 LEGAL REMEDIES/PENALTIES AND FINES
(a) Remedies. The city may enforce the provisions of this chapter through all available administrative remedies, including as set forth in Title 4, and as otherwise expressly stated in this chapter.
(b) Civil Penalties and Fines. Any violation of this chapter may also be subject to administrative civil penalties and fines in accordance with a fee schedule adopted by the city council, a decision of an enforcement official or administrative hearing officer, or by a state statute. (c) Recovery of Costs. The city may seek recovery from the property owner of all costs of enforcing this chapter, including but not limited to monitoring, inspection, emergency response, correction, repair, hearing and appeal fees, legal fees and costs. (d) Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.
(e) Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive.
Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the administrative enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.
13.30.160 RIGHT OF APPEAL.
Any person who considers an action taken under the provision of this chapter by any official or advisory body to have been improper, may appeal such action or decision.
13.30.170 WHERE TO FILE APPEAL.
(a) Appeals from the decision of the director, or any other administrative office in taking any actions authorized by this chapter shall be made to the city parks and recreation commission pursuant to the procedures provided in Section 13.30.180 below.
40.29 (b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. All such appeals shall be made pursuant to chapter 1.16 of this code. The city council’s decision shall be final.
13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.
(a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. The appellant shall state the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision.
(b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.
13.30.190 STAY, PENDING APPEAL.
The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the parks and recreation commission or of the city council on such appeal.
13.30.200 HEARING ON APPEAL.
(a) Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings. Appeals for consideration by the city council shall be scheduled pursuant to chapter 1.16
(b) The parks and recreation commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision. (c) The parks and recreation commission shall make findings of fact on which it bases its action.
The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief. (d) The decision of the parks and recreation commission shall be final unless appealed to the city council by the appellant under chapter 1.16.
13.30.210 LIABILITY.
Nothing in this chapter shall be deemed to impose any liability upon the city of Santa Cruz, or any of its officers, agents, or employees, nor to relieve the property owner or occupant of any private property from the duty to keep their private property, sidewalks, and parkway strip on such private property in a safe condition so as not to be hazardous to public use.
13.30.220 SEVERABILITY.
Should any section, subpart, clause, provision or any part of this chapter be declared by a court of competent jurisdiction to be unconstitutional, beyond the authority of the city or otherwise invalid, such decision shall not affect the validity of the remaining portion or portions of the chapter.
40.30 Section 6. Chapter 15.15 – Public Realm Design for Multifamily and Mixed-Use Residential Projects is hereby added to Title 15 – Streets and Sidewalks of the City of Santa Cruz Municipal Code as follows:
15.15 PUBLIC REALM DESIGN FOR MULTI-FAMILY AND MIXED-USE RESIDENTIAL PROJECTS.
The purpose of this regulation is to establish objective standards for development of multi-family and mixed-use residential projects to maintain and enhance the desirable character of neighborhoods, to lessen traffic congestion, to facilitate adequate transportation facilities, and to promote the health, safety and welfare of the community in accordance with the Santa Cruz General Plan.
Sections:
15.15.010 Transportation Study Requirements
15.15.015 Traffic Control Devices
15.15.020 Bicycle Facilities
15.15.025 Sidewalk Facilities
15.15.030 Transit Facilities
15.15.035 Streetlights
15.15.010 TRANSPORTATION STUDY REQUIREMENTS
Projects shall develop a Transportation Study if existing pedestrian, bicycle, or transit circulation will be disrupted or if the project is estimated to generate 50 or more vehicle trips during the P.M. peak hour. The Transportation Study will determine the extent of the impact of the new development or redevelopment on the city transportation infrastructure and the associated requirements for project development. Transportation Study requirements are set forth in the City of Santa Cruz Public Works Transportation Study Requirements for Developers document that are current at the time of design review and available from the Public Works Department.
15.15.015 TRAFFIC CONTROL DEVICES
Projects shall be required to install traffic control devices based on the results of the Transportation Study. Installation of traffic control devices (such as traffic signals, lane markings, signage) shall be installed in accordance with the traffic engineering and safety standards set forth in the California Manual on Uniform Traffic Control Devices and consistent with Area Plans and NACTO Urban Street Design Guide.
15.15.020 BICYCLE FACILITIES
Projects shall be required to install bicycle facilities based on the results of the Transportation Study and consistent with the City of Santa Cruz Active Transportation Plan. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).
15.15.025 SIDEWALK FACILITIES
1. Existing public connections:
In all areas of the city, where a project site includes or is adjacent to an existing public street, alley, path, staircase, or pedestrian way, this public connection will be maintained or relocated
40.31 within or adjacent to the project site. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060. a. Decorative sidewalks may be required based on the Area Plans. b. Installation of sidewalks will be based on the Curb, Gutter, and Sidewalk standard details that are current at the time of design review and available from the Public Works Department.
c. The total number of connections through the site shall not be reduced.
2. New public connections:
a. Projects shall be required to install new sidewalks along the frontage in accordance with the Area Plans. Unless otherwise dictated by an Area Plan, the sidewalk widths for corridors and other roadways are defined in Section 15.20.060. b. Decorative sidewalks may be required based on the Area Plans. c. Installation of sidewalks will be based on the Curb, Gutter, and Sidewalk standard details that are current at the time of design review and available from the Public Works Department.
15.15.030 TRANSIT FACILITIES
Residential projects of 5 or more units, and commercial/office projects greater than 10,000 square feet that are proposed for a parcel that has an existing METRO bus stop located on its street frontage and include work within the street right-of-way (e.g. sidewalk construction; curb cut addition or relocation) shall be required to upgrade the bus stop to full ADA compliance, including a 5’ x 8’ boarding and alighting area and an accessible route to/from the bus stop.
Projects shall be required to install new transit facilities, either on the project’s street frontage, or within 300 feet of the property line, when the City identifies transit as a mitigation measure for significant impacts identified by the Transportation Study. Transit facilities will be installed in accordance with Santa Cruz Metropolitan Transit District (METRO) design standards that are current at the time of design review available from METRO.
15.15.035 STREETLIGHTS
Projects (with exception of ADUs) shall be required to install or replace streetlights based on the following:
1. A development of 3 or more housing units on one lot shall require the installation of a City Standard street light(s).
2. A development of 3 or more housing units on multiple lots shall require the installation of a City Standard street light(s).
3. Any new commercial development shall require the installation of a City Standard street light(s).
4. Installation or replacement of streetlights will be based on the City of Santa Cruz streetlight standard detail (Electrolier or Decorative Streetlight) current at the time of design review and available from the Public Works Department and consistent with the Area Plans.
5. Coordination with PG&E is the applicant’s responsibility. The type of streetlight the city requires will be a standard Electrolier (Type 1) unless a decorative streetlight is specified
40.32 in the Area Plans or matches existing City streetlights in the area.
Section 7. Section 15.20.060 – Size and Number of Chapter 15.20 –Driveways and Sidewalks of Title 15 – Streets and Sidewalks of the City of Santa Cruz Municipal Code is hereby amended as follows:
15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed thirty feet, including the wings or returns, the measurement being made at the curbline. (b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street. (c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the Area Plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed use residential projects with 3 or more residential units or any commercial development– Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – 8 feet minimum Ocean – Soquel Ave to Water St – 15 feet minimum
Ocean - Water St to Pryce St/Plymouth St – 12 feet minimum Mission St –Community Commercial District as defined in the Mission Street Urban Design Plan (Swift St to just east of Laurel St) – 12 feet minimum Mission St – Professional and Administrative District (just east of Laurel St to Chestnut St Ext.) – 8 feet minimum
Soquel Ave – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Ave to Morrissey Blvd ) – 10 feet minimum
Soquel Ave – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Blvd to Poplar Ave) – 10 feet minimum
Soquel Ave – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Ave to Branciforte Ave) – 10 feet minimum
Soquel Ave - (Ocean St to Branciforte Ave) – 8 feet minimum Soquel Ave - (Dakota Ave to Ocean St) – 10 feet minimum Water St – Front St to River St – 12 feet minimum
Water St – River St to Ocean St – 8 feet minimum
Water St - Ocean St to Branciforte Ave – 8 feet minimum Water St - Branciforte Ave to Soquel Ave – 10 feet minimum Other Arterials and Collectors
Branciforte Drive - Broadway Ave to Soquel Ave – 8 feet minimum Branciforte Drive - Soquel Ave to Water St – 8 feet minimum
40.33 Branciforte Drive - north of Water St – 8 feet minimum Morrissey Blvd from Soquel Ave to Fairmount Ave – 8 feet minimum Broadway Ave – San Lorenzo Blvd to Ocean View Ave – 8 feet minimum Broadway Ave –Ocean View Ave to Frederick St – 8 feet minimum Seabright Ave – Murray Ave to Logan St – 8 feet minimum Seabright Ave – Logan St to Gault St – 8 feet minimum
Seabright Ave – Gault Ave to Soquel Ave – 8 feet minimum Front St – Pacific Ave to Laurel St – 8 feet minimum
Front St –Laurel St to Water St – 10 feet minimum
Laurel St – River St to Chestnut Ave – 10 feet minimum
Laurel St – Chestnut Ave to Mission St – 8 feet minimum Cedar St – Laurel St to Center St – 10 feet
Bay St – West Cliff to Mission St – 8 feet minimum
Bay Drive – Mission St to High St – 8 feet minimum
Delaware Ave – Bay Ave to Swift St – 8 feet minimum
Delaware Ave – Swift St to Shaffer Rd – 8 feet minimum
All Other Roadways
Unless specified in an Area Plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with 3 or more residential units or any commercial development shall be a minimum of 8 feet.
Section 8. Chapter 16.16 – Water-Efficient Landscaping Ordinance of Title 16 – Water, Sewers and Other Public Services of the City of Santa Cruz Municipal Code is hereby amended as follows:
16.16.010 PURPOSE.
The purposes of this chapter are to promote efficient water use, to manage peak season water demand, and to preserve water storage in order to ensure a reliable and adequate public water supply by regulating landscape design, construction, and maintenance. It is also the purpose of this chapter to comply with California Government Code Section 65591 et seq., the Water Conservation in Landscaping Act.
16.16.020 DEFINITIONS.
For the purpose of this chapter, the following words shall have the meanings set forth below:
(a) “Anti-drain check valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from the sprinkler head when the sprinkler is off.
(b) “Applied water” means the portion of water supplied by the irrigation system to the landscape.
(c) “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (d) “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
40.34 (e) “CCF” means one hundred cubic feet, a common billing unit used by water agencies for basing charges for water service. One hundred cubic feet equals seven hundred forty-eight gallons.
(f) “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s certified irrigation designer program. (g) “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s certified landscape irrigation auditor program. (h) “Common area” means those areas in a residential development that are owned, shared, and available for use by all residents, and managed by either the homeowner’s association or governing board.
(i) “Community garden” means a plot of land used by a community group and open to the public for the cultivation of flowers, vegetables, edible plants, or fruit. (j) “Conversion factor (0.00083)” means the number that converts acre-inch per acre per year to CCF per square foot per year.
(k) “Director” means the director of the water department of the city of Santa Cruz, or the director’s authorized representative.
(l) “Drip irrigation” means any nonspray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) “Establishment period” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.
(n) “ET adjustment factor” means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.
(o) “Expanded service” means an additional water meter or larger capacity meter is required to serve the proposed development, as determined by the water agency. (p) “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (q) “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (r) “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate for the purpose of reporting high flow conditions due to broken pipes or popped sprinkler heads. Flow sensors must be connected to an automatic irrigation controller or flow monitor capable of receiving flow signals and operating master valves.
(s) “Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of the newly planted material will be allowed to spread unimpeded.
(t) “Graywater” means untreated waste water that has not been contaminated by any toilet discharge and has not been affected by infectious, contaminated, or unhealthful bodily wastes
40.35 and does not present a threat from contamination by unhealthful processing, manufacturing or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does include wastewater from kitchen sinks or dishwashers.
(u) “Hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.
(v) “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system.
An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (w) “Irrigation efficiency” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. (x) “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (y) “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
(z) “Landscape architect” means a person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615.
(aa) “Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the landscape water budget calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation), agricultural uses, commercial nurseries and sod farms.
(bb) “Landscape water budget” means the upper limit of annual applied water for the established landscaped area. It is based on the region’s reference evapotranspiration, type of plant material, and landscape area as specified in Section 16.16.070(b). (cc) “Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (dd) “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
(ee) "Living Wall” means an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container. (ff) “Living Wall Irrigation System” means an irrigation system supporting a living wall, as defined, and relying exclusively on either drip irrigation or wicking technology to deliver water and soluble nutrients to plants in the living wall. Where drip irrigation is utilized, the living wall irrigation system must include a system for recirculated water. (gg) “Local agency” means a city or county, including a charter city or charter county, or water agency that is responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this chapter, including, but not limited to, in the case of a city
40.36 or county, approval of a permit and plan check or design review of a project and, in the case of a water agency, approval of a new or expanded water service application. (hh) “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. (ii) “Low water use plant” means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as “very low water use” and “low water use” by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants.
(jj) “Model water-efficient landscape ordinance” means the regulations developed by the California Department of Water Resources required by the California Water Conservation in Landscaping Act and contained in the California Code of Regulations, Title 23, Division 2, Chapter 2.7.
(kk) “Modified service” means a substantial change in the water use characteristics of an existing service connection (for example, converting from a single-family residential service to multiple residential service, or from a residential use to a commercial use). (ll) “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(mm) “Native plant” means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of central and northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project’s vicinity. (nn) “New construction” means the construction of a new building or structure containing a landscape or other new land improvement, such as a park, playground, or greenbelt without an associated building.
(oo) “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
(pp) “Overspray” means the irrigation water which is delivered beyond the target area. (qq) “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
(rr) “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, that estimates the amount of water needed by plants.
(ss) “Precipitation rate” means the rate of application of water measured in inches per hour. (tt) “Project applicant” means the individual or entity submitting a landscape plan required under Section 16.16.030, in connection with a building permit application or design review from the local land use agency or requesting new, modified or increased water service from the water agency. A project applicant may be the property owner or his or her designee. (uu) “Rain sensor” or “rain-sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
(vv) “Recreational area” means areas dedicated to active play such as parks, playgrounds, sports fields, and golf courses where turf provides a playing surface. (ww) “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. (xx) “Rehabilitated landscape” means any project that is required to modify its existing landscape as a condition of a land use approval or a discretionary permit or any relandscaping
40.37 project that requires a permit, plan check, design review, or requires a new or expanded water service application.
(yy) “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape onto other areas.
(zz) “Soil moisture-sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (aaa) “Sprinkler head” means a device which delivers water through a nozzle. (bbb) “Static water pressure” means the municipal water supply pressure when water is not flowing. It is measured at the nearest fire hydrant to the landscape site. (ccc) “Station” means an area served by one valve or by a set of valves that operate simultaneously.
(ddd) “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage from pedestrian traffic. (eee) “Submeter” means a private metering device to measure water applied to the landscape that is installed after the primary utility water meter. (fff) “Turf” means a ground cover surface of mowed grass that requires frequent watering during the growing season. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season grasses. (ggg) “Valve” means a device used to control the flow of water in the irrigation system. (hhh) “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). (iii) “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000, and any subsequent revisions.
16.16.030 APPLICABILITY.
The director shall be responsible for assuring that all applicants for new, increased, or modified water service shall comply with the standards set forth in this chapter wherever water service is provided by the city as a condition of receiving water service. (a) The provisions of this chapter shall apply to all of the following landscape projects:
(1) New commercial, industrial, and public development projects requiring a building permit, land use approval/design review or requiring a new, expanded, or modified water service.
(2) Existing commercial, industrial, and public development that is required to rehabilitate or modify their landscape as part of a land use approval/design review process shall also be required to comply with the provisions of this chapter in the relandscaped area.
(3) Developer-installed landscaping. New single- and multiple-family residential development projects resulting in three or more dwelling units with a total irrigated landscape area which is installed by the developer equal to or greater than one thousand five hundred square feet.
40.38 (4) Single-family and two-unit residences. New single-family and two-unit residential development projects on a parcel of land less than ten thousand square feet shall be required to meet only provisions listed in Section 16.16.070(j). (5) New single-family and two-unit residential development projects on a parcel of land equal to or greater than ten thousand square feet shall be required to meet all standards set forth below.
(6) New recreation areas. New parks, playgrounds, sports fields, and golf courses are subject to all the provisions of this chapter except the turf area limits set forth in Section 16.16.070(c)(1).
(b) The provisions of this chapter shall not apply to:
(1) Remodels/additions to existing one- and two-unit homes. (2) Existing landscapes of less than one acre in size.
(3) Ecological restoration projects that do not require a permanent irrigation system. (4) Community gardens.
(5) Registered local, state, or federal historical sites where landscaping establishes an historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation.
(6) Enclosed, private yards and patios in multifamily residential developments. (c) Preexisting landscapes over one acre in size. Existing large landscapes, including existing cemeteries, shall be subject only to the provisions for existing landscapes listed in Section 16.16.110.
16.16.040 LANDSCAPE PLAN REVIEW AND APPROVAL REQUIRED.
No person shall install landscaping for a project subject to this chapter without the review and approval required by this chapter.
(a) Design Review. For projects requiring design review or a discretionary land use approval, the applicant shall submit a landscape concept plan. The landscape concept plan shall include general representation of the site features, existing and proposed buildings, proposed planting areas, and the proposed method and type of irrigation.
(b) Building Permit/Plan Check. A complete landscape plan must be submitted and found to satisfy the requirements of this chapter before the local agency can approve a building permit application, or the director can approve an application for water service and the installation of a new water meter, or authorize a change in water service. The city shall notify the applicant in writing if plans are found to be incomplete or inconsistent with the standards and indicate where such additions or revisions are necessary.
(c) Plan Review Fee. A landscape plan review fee set by resolution of the city council shall accompany each such application to cover the city’s cost to review the landscape plan.
16.16.050 PERSONS QUALIFIED TO PREPARE LANDSCAPE PLANS.
Landscape plans for all projects, except a single-family or two-unit residence, shall be prepared by, and bear the signature of, a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to do this work.
40.39 16.16.060 CONTENTS OF PLANS.
Landscape plans shall consist of separate planting, irrigation, and grading plans, all drawn at the same size and scale, and shall accurately and clearly include the following information:
(a) Project Information.
(1) Project applicant/contact person;
(2) Address;
(3) Parcel number(s);
(4) Total landscape area, in square feet;
(5) Source and type of water supply (potable/recycled/other alternative, including graywater), including number and size of service connections. (b) Planting Plan. Planting plans shall identify and locate the following:
(1) New and existing trees, shrubs, groundcover, and turf areas within the developed landscape area;
(2) Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; (3) Water use classification (high, moderate, low, or very low) for each plant material specified, according to WUCOLS;
(4) Each hydrozone (including high, medium, and low water uses) delineated and labeled, including the square footage for each area;
(5) Property lines, streets, and street names;
(6) Building locations, driveways, sidewalks, retaining walls, and other hardscape features;
(7) Appropriate scale and north arrow;
(8) Planting specifications and details.
(9) Location and solar orientation of any Living Walls. (c) Irrigation Plan. Irrigation plans shall identify and locate the following:
(1) Irrigation point of connection (POC) to water system; (2) Static water pressure at POC;
(3) Location and size of water meter(s);
(4) Backflow prevention devices as may be required by the water supply agency; (5) Manual shut off valves;
(6) Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, riser protection equipment, soil moisture sensors, pressure regulator, drip and low volume irrigation equipment;
(7) Flow rate (gallons per minute or gallons per hour), precipitation rate (inches per hour) and design operating pressure (psi) for each irrigation circuit; (8) Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rates;
(9) Irrigation system specifications, including any living wall irrigation systems, and details for assembly and installation;
(10) Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day and minutes of run time per cycle required for each irrigation event designed to avoid runoff, and estimated amount of
40.40 applied irrigation water expressed in gallons per month and gallons per year, for the established landscape;
(11) The parameters used for programming the weather-based irrigation system controller schedule for the established landscape, including: soil type, slope, plant type, and type of irrigation nozzle/emitter used for each circuit;
(12) Calculation of landscape water budget;
(13) Stormwater management/rainwater collection features and facilities. (d) Grading Plan (not required when landscaped slopes on the site are less than ten percent). (1) Finish grades, contours, and spot elevations;
(2) Grading volume (cubic yards);
(3) Elevations of building floors, parking lots, and streets; (4) Location and height of retaining walls;
(5) Drainage patterns and drainage control facilities.
(e) Specifications.
(1) In addition to planting, irrigation, and grading plans, any written specifications prepared for a project that are applicable to the landscape improvements shall be submitted for review.
16.16.070 LANDSCAPE WATER CONSERVATION STANDARDS.
(a) Dedicated Landscape Water Meter.
(1) Separate water service meters shall be required for all new landscaping, except a single-family or two-unit residence, which equals or exceeds five thousand square feet in area, and for renovated landscape sites that result in expansion of the total landscaped area equal to or more than five thousand square feet.
(2) For all new nonresidential landscapes not required to have a separate water service meter, a private irrigation submeter shall be installed between the point of connection on the domestic water service and first irrigation valve. The submeter shall register water use in cubic feet.
(b) Landscape Water Budget.
(1) The landscape water budget for new residential landscapes shall be no more than fifty-five percent of reference evapotranspiration per square foot of landscaped area, and the water budget for nonresidential landscapes shall be no more than forty-five percent of reference evapotranspiration per square foot of landscaped area. The landscape water budget shall be calculated using the equation below:
Landscape Water Budget = (0.55 or 0.45) (ETo)
(0.00083) (LA), where:
Water
Budget
= Annual upper limit of irrigation
water allowed (CCF/year)
0.55 or
0.45 = ET adjustment factor
ETo = Reference evapotranspiration
(inches per year)
0.00083 = Conversion factor to CCF
LA = Landscape area (square feet)
40.41 (2) New landscapes that include a recreation area or are irrigated with recycled water are allowed one hundred percent of reference evapotranspiration per square foot. (3) The estimated annual water use, calculated by adding the amount of water recommended in the irrigation schedule, or by another method approved by the water agency, shall not exceed the annual landscape water budget. (4) The landscape water budget assigned for a given irrigation account shall not be increased unless review of subsequent landscape plans has occurred and approval of said plans has been obtained by the land use or water agency. (c) Turf Limits.
(1) The combined size of turf and areas devoted to high water use plants, decorative pools, fountains, water features and swimming pools for residential projects shall be limited to no more than twenty-five percent of the total developed landscape area. Turf is not permitted in new nonresidential landscape projects. These limits do not apply to recreation areas requiring large turf areas for their primary function. However, recreation areas shall be designed to limit turf in any portion of the landscaped area not essential for the operation of the recreational facility.
(2) Any Living Wall design element that is composed of primarily plant species classified as high water use by the WUCOLS rating system will be limited to a total vertical square footage equal to no more than twenty-five percent of the total landscape area. (3) Except when required as a stormwater best management practice, turf and other high water use plants shall not be planted in the following conditions:
(a) Planting areas less than ten feet wide in any direction; (b) On slopes greater than five percent;
(c) In street medians, traffic islands, planter strips, and parking lot islands. (4) Turf varieties shall be water-conserving species, such as tall and hard fescues. (d) Landscape Design.
(1) Except for areas designated for turf or high water use plants, all plants shall be composed of very low to moderate water use plants, as identified in Water Use Classification of Landscape Species (WUCOLS Guide) or other species, including native plants that are well adapted to the climate of the region, and require minimal water once established.
(2) Plants having similar water requirements shall be grouped together in distinct hydrozones, and where irrigation is required, the distinct hydrozones shall be irrigated with separate valves.
(3) Planting of trees and the protection and preservation of existing native species and natural areas is encouraged.
(4) Water in decorative pools and fountains, and in living walls relying on drip irrigation systems, must be recirculated.
(e) Irrigation Design.
(1) All irrigation systems shall be designed to avoid runoff, overspray, low-head drainage and other similar conditions where water flows off site onto adjacent property, nonirrigated area, walks, roadways, or structures.
(2) Areas less than ten feet wide must be irrigated with subsurface or low volume irrigation.
(3) Point source irrigation is required where plant height maturity will affect the uniformity of an overhead system.
40.42 (4) All overhead spray nozzles shall have a precipitation rate of no more than one inch per hour.
(5) Overhead sprinkler systems shall not be permitted for any living walls, or within twenty-four inches of any nonpermeable surface, including driveways and sidewalks. The setback area may be planted or unplanted. Allowable irrigation within the setback may include drip, subsurface, or other low volume, nonspray irrigation technology. (6) Plants that require different amounts of water shall be irrigated using separate irrigation circuits and valves.
(7) Trees shall be watered using separate irrigation circuits. (8) Where available, recycled water shall be used to irrigate landscapes and living walls. (9) Living wall irrigation systems designs shall be a distinct component of any irrigation design.
(f) Irrigation Equipment.
(1) A pressure regulator shall be installed if pressure at the water meter exceeds eighty psi. Additional pressure regulation devices are required if the water pressure exceeds the recommended pressure of the specified irrigation devices. (2) Weather-based or other sensor-based, self-adjusting irrigation controllers shall be required, where feasible.
(3) Irrigation systems shall be equipped with rain-sensing devices to prevent irrigation during rainy weather.
(4) Sprinkler heads shall have matched precipitation rates within each control circuit valve and shall be selected for proper coverage and precipitation rate, thereby minimizing overspray and runoff.
(5) Anti-drain check valves shall be installed at strategic points to minimize or prevent low-head drainage.
(6) Swing joints or other riser protection components are required on all risers located in high traffic areas.
(7) The irrigation system shall provide for the installation of a manual shutoff valve installed as close as possible to the point of connection to minimize water loss in case of an emergency or routine repair. Additional manual shutoff valves shall be installed as necessary.
(8) Flow sensors that detect and report high flow conditions due to broken pipes and/or broken sprinkler heads are required on all landscapes of five thousand square feet or larger. (g) Soil Management, Preparation, and Mulching.
(1) Prior to planting of any materials, compacted soils shall be transformed into a friable condition. Soil shall be prepared for planting by ripping and incorporating an organic amendment at the rate of six cubic yards per one thousand square feet into the top six inches, or amended with organic material as recommended by a landscape architect or soil laboratory report.
(2) All exposed soil surfaces of nonturf areas within the developed landscape area must be mulched with a minimum three-inch layer of organic material. (3) A laboratory analysis and soil management report shall be completed and submitted for projects over five thousand square feet of landscape area and for projects where significant mass grading is planned and the recommendations incorporated into the landscape plans. For landscapes with multiple landscape installations, a soil sampling rate of one in seven lots or approximately fifteen percent shall satisfy this requirement.
40.43 (h) Stormwater Management.
(1) All planting areas are required to have friable soil to maximize water retention and infiltration. Implementing stormwater best management practices to minimize runoff and increase on-site retention and infiltration is strongly encouraged. (2) Project applicants should refer to the local public works agency for information on any applicable stormwater requirements.
(i) Alternative Water Sources.
(1) Irrigating with alternative water sources such as recycled water, graywater, or rainwater is encouraged where available on site and permitted. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. All recycled water irrigation systems shall be designed and operated in accordance with applicable local and state laws. The water budget for landscapes using only recycled water sources shall be one hundred percent. (j) Landscape Water Conservation Standards for Single-Family and Two-Unit Residences on Lots Less Than Ten Thousand Square Feet.
(1) Install climate-adapted plants that require little or no summer water for seventy-five percent of the landscaped area (excluding area devoted to edible plants). (2) Apply a three-inch layer of mulch on all exposed soil surfaces. (3) Turf Limits.
(a) The combined size of turf and areas devoted to high water use plants, decorative pools, fountains, water features and swimming pools for residential projects shall be limited to no more than twenty-five percent of the total developed landscape area. (b) Turf shall not be planted on slopes greater than five percent. (c) Turf is prohibited in areas less than ten feet wide in any direction. (4) Irrigation Equipment.
(a) All overhead spray nozzles shall have a precipitation rate of no more than one inch per hour.
(b) Areas less than ten feet in any direction shall be irrigated with low volume or subsurface irrigation that produces no runoff or overspray. (c) Overhead sprinkler systems shall not be permitted within twenty-four inches of any nonpermeable surface, including driveways and sidewalks. The setback area may be planted or unplanted. Allowable irrigation within the setback may include drip, subsurface, or other low volume, nonspray irrigation technology.
16.16.080 ALTERNATIVE TO TURF LIMITATIONS.
The project applicant, in lieu of the requirement that the portion of the landscape devoted to turf, high water use plants, water features, and swimming pools be limited to no more than twentyfive percent of the total landscape area, may elect to complete the water-efficient landscape equations and worksheets contained in Appendix B of the State of California Model Water Efficient Landscape Ordinance. In such cases, selected plant materials and overall landscape design shall not cause the estimated total water use to exceed the landscape water budget.
16.16.090 FINAL INSPECTION/WATER AUDIT.
The director shall have the right to enter upon any premises to make an inspection at any time before, during, and after irrigation system and landscape installation for the purpose of enforcing this chapter.
40.44 (a) Upon installation and completion of the landscape, the city shall make a final inspection or require a certified landscape irrigation auditor assigned by the city to conduct a water audit at the applicant’s expense to verify that the landscape improvements were completed in accordance with approved plans. The final inspection or water audit shall verify that:
(1) The installed irrigation system is in a leak-free condition. (2) The installed irrigation system is functioning as designed, specified, and approved. (3) The irrigation system does not cause water waste due to runoff, low head drainage, overspray or other similar condition where water flows onto adjacent property, nonirrigated areas, structures, walkways, roadways or other paved areas. (4) The person responsible for long-term landscape maintenance and irrigation management at the property has received the recommended irrigation schedule. (b) The project must pass inspection or audit before the building permit can be signed off and approved for occupancy.
(c) Water Audit Required for Large Turf Areas. Properties with turf areas over five thousand square feet, upon completing the installation of the landscaping and irrigation system, shall be required to have an irrigation audit performed by a certified landscape irrigation auditor prior to the final field inspection.
16.16.100 IRRIGATION SYSTEM MANAGEMENT AND MAINTENANCE. (a) Maintenance. A regular maintenance schedule shall be submitted to the applicant by the landscape designer or installer at the time of completion of the landscape installation and prior to final sign-off. Landscape shall be maintained in good working condition and properly adjusted to ensure water efficiency. Any broken or malfunctioning equipment, including but not limited to main and lateral lines or control valves shall be repaired promptly with identical equipment to maintain the original design integrity.
(b) Irrigation System Inspections. Irrigation system shall be inspected regularly to correct misaligned, clogged or broken heads, missing heads and risers, stuck valves, and leaks. The irrigation meter shall be read periodically to check consumption and detect any leakage. (c) Watering Schedule. Watering schedules shall be adjusted periodically to reflect seasonal variations in plant water requirements. Whenever possible, irrigation management shall incorporate the use of real-time, ETo data from the California Irrigation Management Information System (CIMIS) or similar weather-based irrigation scheduling system. (d) Irrigation Operation. Irrigation shall be scheduled between the hours of 10:00 p.m. and 10:00 a.m. when daily temperature and wind conditions are at a minimum.
16.16.110 PROVISION FOR EXISTING LANDSCAPING OVER ONE ACRE IN SIZE.
The city will assign a landscape water budget to each existing landscape with a dedicated irrigation account over one acre in size based on seventy percent of reference evapotranspiration, or one hundred percent of reference evapotranspiration for recreation areas. When evaluation of these properties shows that annual water use exceeds the landscape water budget, the customer will be required to have a certified irrigation auditor perform a water audit and make recommendations as necessary to reduce water consumption consistent with the landscape water budget.
40.45 16.16.120 EXCEPTIONS.
The purpose of this chapter is to make optimum use of the water resources available to the city water department service area and to manage peak season water demands. As technology changes and more information is available regarding plant materials, irrigation equipment and techniques, and maintenance techniques that enhance water conservation, the director may allow the substitution of well-designed conservation alternatives or innovations which equally reduce water consumption and meet the intent of this chapter.
16.16.130 ADMINISTRATIVE ENFORCEMENT.
In addition to any other remedy provided by the Santa Cruz Municipal Code, any provision of this chapter may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Title 4 of the Santa Cruz Municipal Code. The water commission shall serve as the administrative enforcement hearing officer for the purpose of considering appeals.
16.16.140 LIMIT OF CITY RESPONSIBILITY.
The city of Santa Cruz has limited water resources that are vulnerable to shortage in drought conditions. Residential, commercial and irrigation accounts in the water department service area are therefore subject to water restrictions or mandatory rationing during a declared water shortage emergency. Compliance with this chapter does not guarantee the survival of landscape plants or the availability of water for landscape irrigation based on this chapter. Irrigation shall be scheduled according to any water shortage regulations or restrictions in effect.
Section 9. Section 24.06.020 – Initiation of Chapter 24.06 – Zoning Map and Text Amendments of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.06.020 INITIATION.
Amendments can be initiated by the city council, the planning commission, or the Planning Director. In the case of the zoning map, amendments can also be initiated by the owner or authorized agent of the owner of the property included in said proposed change.
Section 10. Part 14: Residential Demolition/Conversion Authorization Permits of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.08.1310 PURPOSE.
In recognition of the need to maintain affordable housing opportunities and protect low- and moderate-income tenants when demolition or conversion of their living units is proposed, this permit provides for orderly change and replacement housing, where possible.
24.08.1320 GENERAL PROVISIONS.
California State law includes strict standards for the demolition of housing in an effort to ensure that existing density is not reduced and that housing that is currently rented to lower income
40.46 tenants is maintained as affordable housing within new development. Housing demolition and housing development projects must comply with the requirements of this section as well as those contained in California state law governing relocation assistance and replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300, as amended. For each provision of the regulations, when both this Code and the California Government Code apply, whichever requires the higher number of replacement units, bedrooms, and/or relocation assistance shall take precedence. No demolition permit shall be issued for any residential dwelling unit or single-room occupancy living unit unless a residential demolition/conversion authorization permit has been issued pursuant to this part.
24.08.1325 BUILDING DEMOLITION – OFFER TO MOVE.
1. Whenever any residential building is sought to be demolished, and if city regulations provide for demolition, the applicant for demolition shall be required to offer the building to interested parties to be moved, if it is determined by the building official that the building is feasible for relocation off site and capable of being moved without damage to significant trees and/or landscaping. The building shall be offered at no cost, or nominal cost, and be moved at the taker’s expense, unless any discretionary permit requires otherwise.
2. The applicant shall place a minimum of two advertisements, two weeks apart, in a daily newspaper of local circulation, in a form approved by the zoning administrator. The advertisement shall contain an offer to the public stating that the building is being made available to any member of the public free of charge or for a nominal cost based on upon the building’s salvage value. The offer contained in the advertisement shall remain outstanding for a period of sixty days from the date of the publication of the first advertisement. Any such offer shall be conditioned upon the acceptor’s agreement to remove the building in its entirety and any associated debris from the site no later than ninety days from the date of publication of the first advertisement; however, nothing contained herein shall preclude the offeror and acceptor from mutually agreeing to a longer time period for removal of the building and associated debris.
24.08.1330 DEMOLITION OR CONVERSION OF SINGLE-FAMILY RESIDENCE OR DUPLEX UNITS.
The zoning administrator may issue a demolition/conversion authorization permit for the demolition or conversion of a single-family residence, accessory dwelling unit, or duplex upon finding that:
1. The building is not subject to the provisions of Part 11 (regarding Historic Demolition Permits) of this chapter, or that the demolition or conversion has been approved pursuant to the procedures set forth in Part 11; and
2. The project which will replace the demolished or converted unit(s) has been approved by the city, and an appropriate building permit has been issued; unless no building permit is required or some other practical hardship can be documented rendering this finding inappropriate; and
3. The building is not in the coastal zone, or, if it is in the coastal zone, is being replaced by a residential use or a nonresidential coastal-dependent use as defined by Section 30101 of the Public Resources Code; and
4. Relocation assistance has been provided to eligible tenants consistent with Section 24.08.1350; or
5. The building which is in the coastal zone and is being replaced by a nonresidential use which is not coastal-dependent as defined in Section 30101 of the Public Resources Code, is
40.47 located where residential use is no longer feasible, but will not be issued a demolition permit or building permit in connection with the conversion until the applicant has entered into an agreement to provide relocation assistance and replacement housing or in-lieu fees consistent with Section 24.08.1350 and the applicable portions of Sections 24.08.1360 and 24.08.1370 of this chapter.
24.08.1340 DEMOLITION OR CONVERSION OF DWELLING GROUPS, MULTIPLE DWELLINGS AND SINGLE-ROOM OCCUPANCY LIVING UNITS.
The zoning board may issue a demolition/conversion authorization permit for the demolition or conversion of a multifamily structure, dwelling groups, multiple dwellings and single-room occupancy living units upon holding a public hearing and finding that:
1. The project to replace the demolished or converted units has been approved and an appropriate building permit has been issued; unless a hardship can be documented rendering this finding inappropriate;
2. The proposed demolition or conversion of use will not have a substantial adverse impact on housing opportunities for low- and moderate-income households; or
3. If the proposed demolition or conversion of use will have a substantial adverse impact on housing opportunities for low- and moderate-income households, adequate mitigation measures will be undertaken. Such mitigation measures include relocation assistance, and may include construction of replacement housing, in-lieu fees, other measures, or a combination of the above as provided by council resolution. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income, if a low or moderate-income household currently occupies or had occupied the dwelling unit within one year prior to the date of submission of the application for the demolition/conversion permit; or, in addition, if substantial evidence exists that a low- or moderate-income household had occupied the unit within two years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.
24.08.1345 ESTABLISHING LOW AND MODERATE INCOME OCCUPANCY.
1. Low- and moderate-income occupancy is established as follows:
a. Occupied Units:
(1) At the time of application, the applicant shall file a list of names and unit numbers of the tenants who occupied the units during the previous year. (2) The applicant shall arrange to have the Public Housing Authority (PHA) verify income of tenants for the purpose of establishing low- and moderate-income tenancy. (3) In the event that a tenant’s income is not verified, the assumption shall be made that the unit is occupied by a low- and moderate-income household. (4) Mitigation measures for demolition or conversion of use of low- and-moderate income housing units shall be based upon the number of units occupied by low- and moderate-income households.
b. Vacant Units:
(1) The application shall supply the names and addresses of the last tenants of each vacant unit.
40.48 (2) The applicant shall arrange to have the Public Housing Authority (PHA) verify the income of said tenants for the purpose of establishing low- and moderate-income housing units.
(3) In the event that the most recent tenant cannot be located or identified, the assumption shall be made that the unit was occupied by a low- and/or moderateincome household. (4) Mitigation measures for demolition or conversion of use of low- and moderateincome housing units shall be based upon the number of units determined to be lowand moderate-income housing units. c. Notwithstanding subsections (1)(a) and (b), the applicant may stipulate that one or more of the units are or have been occupied by low- or moderate-income households.
24.08.1350 RELOCATION ASSISTANCE.
All low- or moderate-income households displaced by demolition or conversion of use shall receive relocation assistance. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income if a low- or moderate-income household currently occupies or had occupied the dwelling unit within two years prior to the date of submission of the application for the demolition/conversion permit.
Relocation assistance shall be defined as two months’ rent. Other arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided, nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.
24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.
Housing development projects must comply with the requirements of this section as well as those contained in California state law governing replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300. For each provision of the regulations, when both this Code and the California Government Code apply, the stricter of the two provisions shall be applied to the project.
1. Replacement housing must be provided by the applicant when demolition or conversion of use of three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of bedrooms contained within all low- or moderate-income units to be demolished or converted.
a. The basic requirement is that fifty percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
b. Inclusionary rental units located on the same site may also be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site
40.49 rental or ownership inclusionary units shall not be used to fulfill replacement unit requirements.
c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.
e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.
24.08.1362 ADVANCE REPLACEMENT HOUSING PROPOSAL.
Replacement housing as required in Section 24.08.1360 may be provided in advance of actual demolition of a structure. Conditions for the advance replacement shall be set forth in an advance replacement housing proposal approved as part of a demolition/authorization permit or separate development agreement. Conditions for advance replacement shall address:
1. Procedure to notify and offer advance housing to existing tenants of the structure to be demolished or converted.
2. Project timetable and identification of future project(s) that that advance replacement housing will be credited toward.
24.08.1370 IN-LIEU FEES.
1. As an alternative to fulfilling the replacement housing requirements of Sections 24.08.1330 or 24.08.1360, in-lieu fees can be paid for up to twenty-five percent in the R-T Districts and up to fifty percent in other districts of the total number of low- or moderateincome bedrooms to be provided to meet the replacement housing requirement. The remaining seventy-five percent or fifty percent bedroom replacement requirement shall be actually constructed or caused to be constructed by the applicant. However, where replacement housing is being required due to the provisions of Section 24.08.1330(5), pertaining to demolition or conversion of single-family and duplex units, in-lieu fees may be paid to meet one hundred percent of the replacement housing requirement.
2. The in-lieu fees shall be applied to programs that would add to the affordable housing stock through the construction of new housing units or the rehabilitation of existing housing units that were previously substandard and uninhabited or occupied by above-moderate income households. In-lieu fees shall not be used for administration of such programs.
3. Replacement housing in-lieu fees shall be determined in the same manner as inclusionary housing in-lieu fees. For purposes of determining unit sizes, the average number of bedrooms per unit shall be used. For purposes of determining the average number of square feet in a unit, the average square footage for those units shall be used up to a maximum square footage as follows:
six hundred fifty square feet for a single room occupancy unit, studio, or one-bedroom unit; nine
40.50 hundred square feet for a two-bedroom unit; one thousand four hundred square feet for a threeto eight-bedroom unit.
4. Replacement housing built with in-lieu fees shall, in aggregate, provide the same level of housing as would otherwise have been required, and shall be provided and available for use within three years from the date upon which work commenced on the conversion or demolition, or if no new or rehabilitated units are available within three years, units shall be provided in the first available affordable housing project that is constructed in the city.
24.08.1380 EXCEPTION.
This part shall not apply to any building when the building official or fire marshal determines that the building is dangerous to the health and safety of the building occupants, neighbors, or the public, and that the demolition of the building is required because of such health and safety concerns. The building official or the fire marshal shall set forth in writing the reasons for their determination that the building is dangerous to the health and safety of the building occupants, neighbors, or the public. However, this exception shall not apply if the dangerous health and safety condition(s) are the result of lack of maintenance of the building. This section has no impact on the relocation assistance requirements stipulated in Title 21.
Section 11. Part 23: Conditional Driveway Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby deleted.
Section 12. Section 24.10.160 – Home Occupation Regulations of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.160 HOME OCCUPATION REGULATIONS.
1. Intent. The discretionary approval of a home occupation is intended to allow for home enterprises that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents’ enjoyment of their neighborhood.
2. General. A home occupation shall be operated and maintained only by a resident of the dwelling unit in which it occurs; shall employ no more than one person at the residence or the property other than the members of the resident family or household; shall not change the residential character of the dwelling units; and shall not generate a vehicular traffic increase of more than eight round trips per day, including deliveries and clients. Residents who are performing job duties at home for a company or other entity located elsewhere are not considered to have a home occupation unless they are classified by their employer(s) as independent contractors.
3. Restrictions. A home occupation shall not involve:
a. The use of an area greater than four hundred square feet;
40.51 b. The use of any required front or exterior side yard area or setback area, nor the use of any required covered or uncovered on-site parking space; c. Storage or use of hazardous or unsanitary materials; d. Creation of noise levels exceeding the standards of this title and/or other nuisance factors inconsistent with Chapter 24.14, Part 2: Performance Standards; e. Auto/truck/motorcycle/motor boat repair except vehicle repair that is in compliance with the requirements and standards of Section 24.12.1200; f. The placement of a sign advertising the business.
4. Permits Required. A zoning clearance and business license shall be required, except for small and large family daycare homes within residential units, which are exempt from local regulations.
Section 13. Part 9A: MU-H Mixed-Use High Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 9A: MU-H MIXED-USE HIGH DENSITY DISTRICT
24.10.810 PURPOSE.
To promote the development of a harmonious mixture of a wide variety of commercial activities that stabilize and protect the commercial characteristics of the district while also supporting a walkable, dynamic, and efficient environment for residents, businesses, and workers.
Development could include limited industrial uses, if they are compatible and nuisance free in conjunction with condominiums and apartments. Also refer to Section 24.12.185 for design standards.
24.10.811 PRINCIPAL PERMITTED USES.
This district requires a mix of residential and commercial uses within each proposed development. The following uses are permitted if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred and twenty (120) square feet and less than fifteen (15) feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
40.52 8. Home furnishing stores (270)
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
RESIDENTIAL USES:
16. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
17. Single-Room Occupancy (SRO) Housing (860)
18. Flexible Density Units (FDU) Housing
19. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
20. Small and large family daycare homes in residential units.
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
22. Supportive and transitional housing.
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
COMMERCIAL USES:
24. Professional offices (400);
25. Communication and information services (550);
26. Community organizations, associations, clubs and meeting halls (570);
27. Educational facilities (public/private) (510);
28. Government and public agencies (530);
29. Houses of worship/religious facilities (500)
30. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.812 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
40.53 USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Undeveloped parks and open space (700);
q. Utilities and resources (540);
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
40.54 RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls.
h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
24.10.813 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
40.55 24.10.814 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 4 & 50
• Mixed use (stories and feet) 5 & 55
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
6000
c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
d. Minimum lot area per dwelling unit (net) (sq. ft.) 792 (no requirement for 1- bedroom/studios/ SROs/FDUs)
• Units with two or more bedrooms 792
• Units with less than two bedrooms No Density Limit
e. Setbacks
• Front-yard 0
**
• Rear-yard 20*
• Interior 0
*
• Exterior 10*, **
f. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and accessible to residential
units
80 g. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per
24.12.185
40.56 ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy the site frontage to the dimensions required by Section 24.12.185.
4. Residential units shall not be located on a street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.
5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.815 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.
Section 14. Part 9: MU-VH Mixed-Use Visitor-Serving High Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH DENSITY DISTRICT
24.10.840 PURPOSE.
To encourage high-quality visitor-serving commercial development along Ocean Street and parts of Soquel Avenue, particularly hotels and motels, while accommodating other multi-story commercial development and supporting high-density housing within mixed-use developments that promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.10.841 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage in conformance with the standards set in Chapter 24.12.185 relating to Corridor Frontage.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits
40.57 are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
8. Home furnishing stores (270)
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
RESIDENTIAL USES:
16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
17. Flexible Density Units (FDU) Housing
18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
19. Single-Room Occupancy (SRO) Housing (860)
20. Small and large family daycare homes in residential units.
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
22. Supportive and transitional housing.
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
COMMERCIAL USES:
24. Communication and information services (550);
40.58 25. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
28. Houses of worship/religious facilities (500)
29. Lodging (300);
30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.842 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
40.59 USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
24.10.843 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present
40.60 or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.844 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 4 & 55
• Mixed use (stories and feet) 4 & 50
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
c. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 4000 d. Required lot area per dwelling unit 792 (no requirement for 1-
bedroom/studios/
SROs/FDUs)
e. Setbacks
• Front-yard 0
**
• Rear-yard 15*
• Interior 0
*
• Exterior 8
*, **
f. Open space per unit (residential)
40.61 Provisions Requirement
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 e. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section
24.12.185.
4. Residential units shall not be located on any Ocean Street, Water Street, or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street, Water Street, or Soquel Avenue.
5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.845 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.
Section 15. Part 9: MU-VA Mixed-Use Visitor-Serving Additional Height District of Chapter
24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
40.62 Part 9E: MU-VA MIXED-USE VISITOR SERVING ADDITIONAL HEIGHT DISTRICT
24.10.850 PURPOSE.
To encourage high-quality visitor-serving commercial development as well as high-intensity residential mixed-use development along Ocean Street Soquel Avenue, and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and high-density mixed-use developments density within larger buildings oriented toward Ocean Street and Soquel Avenue, and using building height and massing to create a sense of place that promotes a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.10.851 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
8. Home furnishing stores (270)
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
40.63 RESIDENTIAL USES:
16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
17. Flexible Density Units (FDU) Housing
18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
19. Single-Room Occupancy (SRO) Housing (860)
20. Small and large family daycare homes in residential units.
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
22. Supportive and transitional housing.
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
COMMERCIAL USES:
24. Communication and information services (550);
25. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
28. Houses of worship/religious facilities (500)
29. Lodging (300);
30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
24.10.852 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
40.64 RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
40.65 s. Motion picture production (manufacturing) (155E); t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
z. Bakery,
i. Confectionery,
ii. Dairy,
iii. Health foods;
aa. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
24.10.853 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.854 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 6 & 75
• Mixed use (stories and feet) 6 & 70
• Additional height for volumetric modular, factory-built housing (stories and feet)
0 & 2 + (1 per
residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
40.66 Provisions Requirement
c. Floor Area Ratio, minimum to maximum 1.0 to 2.75
d. Lot Area for creating new parcels – Minimum (net) (sq. ft.) 6000 e. Required lot area per dwelling unit 792 (no requirement for 1-
bedroom/studios/
SROs/FDUs)
f. Setbacks
• Front-yard 0
**
• Rear-yard 20*
• Interior 0
*
• Exterior 10*, **
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80 h. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section
24.12.185.
4. Residential units shall not be located on any Ocean Street or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.
Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street or Soquel Avenue.
40.67 5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.855 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.
Section 16. Part 10: C-T Thoroughfare Commercial of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 10: C-T THOROUGHFARE COMMERCIAL
24.10.900 PURPOSE.
To provide for retail, commercial, service, amusement, and transient-residential uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.910 PRINCIPAL PERMITTED USES.
The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Art galleries.
2. Branch banks.
3. Clothing and apparel shops.
4. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12.
5. Hotels, motels and bed-and-breakfast inns.
6. Medical and dental offices.
7. Professional, editorial, real estate, insurance and other general business offices.
RESIDENTIAL USES:
8. Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-M District (830).
40.68 9. Small and large family daycare homes in residential units.
COMMERCIAL USES:
10. Carpenter shop; electrical, plumbing or heating shops; furniture upholstering shop.
11. Garages for the repair of automobiles, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
12. Handicraft shops and workshops.
13. Medical, optical, and dental clinics and laboratories, not including the manufacture of pharmaceuticals or other (similar) products for general sale or distribution.
14. Mobilehome, trailer, boat, motorcycle sales and service.
15. New car sales and service.
16. Parking facilities of five or fewer spaces.
17. Plant nurseries and greenhouses.
18. Theaters.
19. Used car sales and service, auto parts and supply stores.
20. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
24.10.920 ACCESSORY USES.
Uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.930.
24.10.930 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.
b. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12.
c. Souvenir and gift shops.
d. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12.
e. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12.
COMMERCIAL USES
f. Ambulance service.
g. Automatic car wash.
h. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment. i. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
j. Recycling collection facilities.
k. Small community care residential facilities.
l. Temporary structures and uses.
40.69 m. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
n. Veterinary hospitals and clinics.
o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
p. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
24.10.940 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.950 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and feet) 3 & 35
• Accessory 2 & 25
b. Minimum Lot Area (net)
(sq. ft.) 5,000
c. Front-yard (feet) 0
d. Rear yard (feet) 10*
e. Side yard
• Interior (feet) 0
*
• Exterior (feet) 0
f. Distance between
buildings on same lot (feet) 10
* Except where abutting an R-District, then not less
than the minimum yard required for the adjacent yard
in the said R-District.
2. Additional Requirements.
40.70 a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.
b. In any C-T District directly across a street or thoroughfare, not including a freeway, from any R- District, the parking and loading facilities shall be distant at least ten feet from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.
c. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
Section 17. Section 24.10.2301 – Uses, Development Standards and Design Guidelines of Part 24: Central Business District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.2301 USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
Chapter 4 of the Downtown Plan, as amended, is hereby adopted by reference, and the planning and community development department shall maintain copies of the Downtown Plan in both hard copy and electronic form, for use and examination by the public. The policies and regulations set forth in Chapter 4 of the Downtown Plan shall control all uses in the CBD, Central Business District, and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.
Section 18. Part 8: Underground Utilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 8: UNDERGROUND UTILITIES
24.12.700 GENERAL.
All facilities and wires for the extension of facilities for the supply and distribution of electrical energy and service, including communication service (as defined in Section 12.60.010), shall be placed underground; and further, there exists a need for regulation of certain modifications of existing utility pole lines, all in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city of Santa Cruz.
24.12.710 PROVISIONS.
1. All new extensions of electrical and communications distribution and service facilities, equipment, and lines carrying less than thirty-four thousand five hundred volts hereafter constructed or installed in the city of Santa Cruz shall be placed underground, unless special permission to construct said facilities above ground is granted, as hereinafter provided.
2. All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts required to be relocated by reason of change of grade or alignment or the widening of the street within which such overhead facilities exist shall, upon relocation, be placed underground, unless
40.71 special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.
3. Overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts shall not be installed to support overhead facilities where such installation would duplicate an existing pole line within an entire city block.
4. Electric and communication service wires or cables to any new building or structure shall be placed underground unless the Project is subject to an exception identified in Section
24.12.720.
5. Any new building or structure where an expansion of any electric or planned communication service on or within 500 feet of the property is planned to occur within 5 years of construction completion, as demonstrated through related capital projects or private development, and which has not otherwise been permitted for overhead utilities or in-lieu fee payment, shall install dark conduit (as defined in Section 12.60.010) along the project frontage or within the project site, together with any necessary easements for the city to facilitate expansion and future connection to all such service(s) in conformance with the Public Works dark conduit installation specifications that are current at the time of design review and available from the Public Works Department.
6. Any new building or structure, shall be connected to existing or planned electric and communications services by active lines, if available, or dark conduit leading to the building from an adjacent main, in conformance with the applicable Public Works dark conduit installation specifications that are available from the Public Works Department. Any lots or structures with more than one unit shall provide such connections to every individual unit.
7. Any existing building, site, underground utility installation, or structure, for which trenching is required to, from, or along existing or planned electrical or communications services, shall provide underground utilities or dark conduit connections of consistent form and quality with all the specifications of this Section 24.12.710 except as provided in 24.12.720 (7).
8. All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure, and units therein, being served shall be provided by the person building, renovating, owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission and to the lawful requirements of state laws and city ordinances. All such infrastructure, upon completion and acceptance by the city, shall be dedicated as public improvements to the city.
24.12.720 EXCEPTIONS.
The provisions of Section 24.12.710 shall not apply to the following. Applicants shall be responsible for any studies, analysis, and reports required by Public Works to demonstrate eligibility for any exceptions.
1. Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision of, and to the satisfaction of, the city engineer.
2. Poles or electroliers used exclusively for street lighting.
40.72 3. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any street.
4. Radio antennas, their associated equipment and supporting structures used by a utility for furnishing communication services.
5. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, and other facilities which are determined by the city engineer as infeasible for undergrounding.
6. The property owner may voluntarily apply to the city engineer to request an alternate discretionary process for the purposes of assessing the applicability of this Part 8 and shall provide Public Works with any studies, analysis, or reports and payment of any associated fees. Subsequent to such study or analysis, the city engineer may require in-lieu payments, grant exceptions or other modifications to the requirements of this Part 8 on a case by case basis.
7. The city engineer may exempt city led projects from the requirement to install dark conduit connections.
Section 19. Section 24.12.1108 – Modification of Existing Establishments Selling Alcoholic Beverages of Part 12: Alcoholic Beverage Sales of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.
1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.
2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.
40.73 Section 20. Section 24.14.030 – Slope Regulations (outside the Coastal Zone) of Chapter 24.14 – Environmental Resource Management of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.14.030 SLOPE REGULATIONS (outside the Coastal Zone).
1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk, and mass normally associated with building on slopes.
a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.
b. Slopes thirty percent or greater shall not be considered in the density determination of a property.
c. Construction of buildings (as defined in Section 24.22.154) or structures (as defined in Section 24.22.822) on or within twenty feet of slopes fifty percent or greater shall require approval of a slope development permit at a public hearing before the zoning administrator, unless they are exempted pursuant to subsection (1)(g). Construction of buildings (as defined in Section 24.22.154) on or within twenty feet of slopes greater than or equal to thirty but less than fifty percent shall require administrative approval of a slope development permit with no public hearing required, unless they are exempted pursuant to subsection (1)(g).
d. When a slope development permit is required pursuant to subsection (1)(c), a sitespecific geological review consistent with the California Division of Mines and Geology guidelines shall be provided by a state-qualified professional. The review shall include consideration of material, height of slope, slope gradient, load intensity, and erosion characteristics of slope material. The recommendations contained in the review, including but not limited to California Building Code requirements, shall be incorporated into the design of the building project to prevent slope instability as a result of new development. e. All development on slopes shall be designed so that drainage water to and from the site complies with applicable local, Regional Water Quality Control Board, and state standards. f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the safety element of the general plan shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.
g. Minor development not including buildings (as defined in Section 24.22.154) or grading over fifty cubic yards, may encroach on slopes greater than or equal to thirty percent. Minor development can include things such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes, stairways, decks extending not more than five feet into a slope greater than or equal to thirty percent, and similar features, or similar minor development as determined by the zoning administrator, may encroach on slopes greater than or equal to thirty percent without a slope development permit. h. No new lot shall be created that does not comply with the requirements of Section
23.04.050.3, Subdivision Principles – Buildable Lots.
40.74 i. For all development within one hundred feet of a coastal bluff, a site-specific geologic report consistent with the California Division of Mines and Geology guidelines shall be prepared by a state qualified professional.
2. Driveway Design Standards.
a. Driveways shall be designed with existing contours to the maximum extend feasible. b. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.
c. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:
d. Driveways within slopes that are thirty percent or greater shall require a slope development permit per Part 9 of Chapter 24.08.
Section 21. Section 24.16.015 – Definitions of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.16.015 DEFINITIONS.
For purposes of this part, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this part its most reasonable interpretation.
1. “Affordable ownership cost” for low income households means average monthly housing costs during the first calendar year of a household’s occupancy, including mortgage payments, property taxes, homeowner’s insurance, and homeowner’s association dues, if any, the sum of which does not exceed eighty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve. Affordable ownership cost for moderate and very low income households is defined at Section 24.16.205(1).
2. “Affordable rent” means the maximum monthly rent, including utilities and all fees for housing services, which does not exceed the following:
a. For moderate income households: one hundred ten percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
b. For payment standard units: either affordable rent for moderate income households, or the maximum Santa Cruz housing authority payment standard rent for tenant-based subsidy holders, as provided in Section 24.16.030(9)(c)(2).
40.75 c. For low income households: eighty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent and divided by twelve.
d. For very low income households: fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent, and divided by twelve.
e. For extremely low income households: thirty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
3. “Affordable units” are dwelling units which are affordable to extremely low, very low, low, median, or moderate income households as defined by this part or by any federal or state housing program and are subject to rental, sale, or resale provisions to maintain affordability.
4. “Approval body” means the body with the authority to approve the proposed residential development.
5. “Area median income” is area median income for Santa Cruz County as published and periodically updated by the state of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.
6. “Assisted living unit” is any dwelling unit in a facility licensed under Chapter 3.2 of the California Health and Safety Code as a residential care facility for the elderly, or an assisted living unit as defined in Section 1771(a)(6) of the California Health and Safety Code.
7. “Assumed household size based on unit size” is a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.
8. “Co-housing development” is an intentional community of private dwelling units clustered around shared space. Each attached or single-family home has traditional amenities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational spaces. Households collaboratively plan and manage shared spaces. The legal structure is typically an HOA, condo association, or housing cooperative.
9. “Congregate living unit” is any dwelling unit in a senior housing development or senior citizen housing development, as defined in Section 51.3 of the California Civil Code, that provides private living quarters with centralized dining services and shared living spaces and may include access to social and recreational activities.
10. “Density bonus” is a density increase over the otherwise allowable maximum residential density on a site, granted pursuant to Part 3 of this chapter.
11. “Employer sponsored housing” means any rental residential development where an employer owns the land to be used in the development and at least seventy-five percent of the units in the development are used to house the employer’s employees.
12. “First approval” is the first of the following approvals to occur with respect to a residential development: development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permit listed in Section 24.04.030.
13. “Household income” is the combined adjusted gross household income for all adult persons living in a living unit as calculated for the purpose of the Housing Choice Voucher/ Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.
40.76 14. “Household, low income” is a household whose income does not exceed the low income limits applicable to Santa Cruz County, as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
15. “Household, median income” is a household whose income does not exceed area median income.
16. “Household, moderate income” is a household whose income does not exceed the moderate income limits applicable to Santa Cruz County, as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
17. “Household, very low income” is a household whose income does not exceed the very low income limits applicable to Santa Cruz County, as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
18. “Household, extremely low income” is a household whose income does not exceed the extremely low income limits applicable to Santa Cruz County, as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.
19. “Inclusionary unit” is an ownership or rental dwelling unit, including Flexible Density Units (FDU) and single room occupancy (SRO) units, within a residential development which is required under this part to be rented at an affordable rent or sold at an affordable ownership cost to specified households.
20. “Live/work unit” is a dwelling unit, part of which is used as a business establishment and the dwelling unit is the principal residence of the business operator or an employee of the business establishment who works in the unit.
21. “Local public employee” means a household including an employee of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.
22. “Local public funds” means any discretionary local resources, including but not limited to general and special revenue funds as approved by the Santa Cruz city council, awarded to any residential development project for the purposes of developing affordable housing.
23. “Market rate unit” is a dwelling unit that is not an affordable unit or an inclusionary unit.
24. “Member of the public” means a household that does not include either a “local public employee” or a “teacher or school district employee” with a preference for persons living or working in the city or county of Santa Cruz.
25. “Ownership residential development” means any residential project that includes the creation of two or more new or additional dwelling units or live/work units that may be sold individually, including co-housing developments.
26. “Payment standard unit” means an inclusionary unit available to tenant-based subsidy holders, as provided in Section 24.16.030(9).
27. “Rental residential development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the California Subdivision Map Act.
28. “Residential development” is any project requiring any discretionary permit from the city, or a building permit, for which an application has been submitted to the city, and which would create two or more new or additional dwelling units or FDU or SRO units by construction or
40.77 alteration of structures, or would create two or more lots through approval of a parcel map or tentative map.
29. “FDU” means a Flexible Density Unit as defined at Section 24.12.1510.
30. “SRO” means a single-room occupancy residential unit that provides sleeping and living facilities in a single room but where sanitary or cooking facilities may be provided within the unit and/or shared within the housing project, or a rooming unit or efficiency unit located in a residential hotel, as that term is defined in accordance with California Health and Safety Code Section 50519, that is offered for occupancy by tenants for at least thirty consecutive days.
31. “Teacher or school district employee” means a household including any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades one to twelve, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten and grades one to eight, inclusive, or a high school district maintaining grades nine to twelve, inclusive, including but not limited to certified and classified staff.
32. “Tenant-based subsidy holder” (subsidy holder) is a household that holds a tenant-based voucher with the county of Santa Cruz housing authority.
Section 22. Section 24.16.020 – Basic On-Site Inclusionary Housing Requirements of Chapter
24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.
1. Applicability.
a. The inclusionary housing requirements defined in this chapter are applicable to all residential developments that create two or more new and/or additional dwelling units or FDU or SRO units at one location by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map, except for exempt residential developments under subsection (2).
b. Additional rent above and beyond affordable rent or affordable ownership cost may be permitted for the commercial/work space in a live/work unit at a rent that is determined to be affordable to qualifying households and is proportionate to the amount of commercial space provided. The amount of rent for the commercial portion of the live/work unit shall be agreed upon by the developer, the economic development director, and the planning and community development director. If no agreement can be reached, the city will retain an outside financial consultant to evaluate and determine the allowable affordable rent and establish a methodology for determining future commercial rent levels. The methodology for determining future commercial rent levels shall be defined in every affordable housing development agreement for residential developments that include at least one live/work unit.
2. The following residential developments are exempt from the requirements of this chapter:
a. Residential developments developed pursuant to the terms of a development agreement executed prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any affordable housing requirements included in the development agreement or any predecessor inclusionary housing requirements in effect on the date the development agreement was executed.
40.78 b. Residential developments for which a complete application was filed with the city prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
c. Residential developments if exempted by California Government Code Section 66474.2 or 66498.1; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
d. Residential developments replacing dwelling units that have been destroyed by fire, flood, earthquake, or other acts of nature, so long as no additional dwelling units are created by the residential development; and provided, that such residential developments comply with any inclusionary housing requirements previously applied to the dwelling units being replaced.
e. Accessory dwelling units.
f. Rental residential developments with two to four dwelling units.
3. Ownership Residential Developments with Two to Four Dwelling Units. For ownership residential developments that would create at least two but not more than four new or additional dwelling units and/or live/work units at one location, the applicant shall either: (a) make one inclusionary unit available for sale at an affordable ownership cost; (b) make one inclusionary unit available at an affordable rent for low income households; or (c) pay an in-lieu fee calculated pursuant to Section 24.16.030(6).
4. Ownership Residential Developments with Five or More Dwelling Units. For ownership residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Affordable Housing Requirement for Ownership Residential Developments. In an ownership residential or live/work development, twenty percent of the dwelling units shall be made available for sale to low and moderate income households at an affordable ownership cost.
b. Fractional Affordable Housing Requirement for Ownership Residential Developments – 0.7 Units or Less. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of 0.7 or less, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; (ii) make one inclusionary unit available at an affordable rent for low income households; or (iii) pay an in-lieu fee calculated pursuant to Section 24.16.030(6). This subsection (4)(b) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).
c. Fractional Affordable Housing Requirement for Ownership Residential Developments – More Than 0.7 Units. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of greater than 0.7, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; or (ii) make one inclusionary unit available at an affordable rent for low income households. This subsection (4)(c) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).
d. Rental Units in an Ownership Residential Development.
40.79 i. In an ownership residential development where all dwelling units are initially offered for rent, an applicant may satisfy the inclusionary requirements by providing rental units as provided in subsection (5).
ii. The rent regulatory agreement required by Section 24.16.045 shall include provisions for sale of the inclusionary units at an affordable ownership cost to eligible households within ninety days from the issuance of the public report by the California Department of Real Estate permitting sale of the units or at termination of the tenant’s lease whichever is later and otherwise in compliance with state law; provided, however, that the sale of the entire ownership residential development from one entity to another shall not trigger the obligation to sell individual inclusionary units. To the extent relocation payments are required by law the applicant shall be wholly responsible for the cost of preparing a relocation plan and making required payments. Any tenant of an inclusionary unit at the time units are offered for sale that qualifies to purchase an inclusionary unit at an affordable ownership cost shall be offered a right of first refusal to purchase the inclusionary unit. At sale appropriate documents shall be recorded to ensure the continued affordability of the inclusionary units at an affordable ownership cost as required by Section 24.16.045.
5. Rental Residential Developments with Five or More Dwelling Units. For rental residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.
b. SRO Developments. In a rental residential development comprised of SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low income households at an affordable rent.
c. Fractional Affordable Housing Requirement for Rental Residential Developments with More Than Five Dwelling Units. If the number of dwelling units required results in a fractional requirement of 0.7 or less, then there will be no inclusionary requirement for the fractional unit. If the number of dwelling units required results in a fractional requirement of greater than 0.7, then the applicant shall make one inclusionary unit available at an affordable rent. This subsection (5)(c) applies to the fractional unit only, and whole units shall be provided as required by subsections (5)(a) and (b).
6. The requirements of subsections (3) through (5) are minimum requirements and shall not preclude a residential development from providing additional affordable units or affordable units with lower rents or sales prices than required.
a. By mutual agreement by the developer, the planning and community development director, and the economic development director, the percentage of inclusionary units may be increased in exchange for reduced parking and/or other development requirements.
b. If the developer agrees to make at least forty percent of the residential project available for rent to low income households at a rental cost affordable to low income households, in addition to reduction of development requirements, by mutual agreement by the developer, the planning and community development director, and the economic
40.80 development director, the city may also provide financial incentives to increase the number of inclusionary units in a project.
7. For purposes of calculating the number of inclusionary units required by this section, an accessory dwelling unit or units, constructed on parcels in the R-1 Districts or otherwise as part of a development of detached, single-family homes, shall not be counted either as part of the residential development or as an affordable unit fulfilling the inclusionary requirements for the residential development.
8. For the purposes of calculating the number and type of inclusionary units required by this section, accessory dwelling units constructed on parcels with multifamily structures, either as part of the initial development or anytime thereafter, shall be subject to the requirements of Section 24.16.020.5, commencing with the fifth accessory dwelling unit proposed for the parcel.
The first four accessory dwelling units on such a parcel shall not be counted either as part of the residential development or as affordable units fulfilling the inclusionary requirements for the residential development. The inclusionary requirement for accessory dwelling units constitutes a separate inclusionary requirement than that of the primary residential use and shall be met with accessory dwelling units or as otherwise permitted under 24.16.030.
9. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section.
Section 23. Section 24.16.025 – Standards for Inclusionary Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.16.025 STANDARDS FOR INCLUSIONARY UNITS.
1. All inclusionary units shall remain affordable in perpetuity.
2. Inclusionary units shall be dispersed throughout the residential development to prevent the creation of a concentration of affordable units within the residential development, and no required inclusionary units shall be constructed as accessory dwelling units, except for inclusionary accessory dwelling units required for residential developments including five or more accessory dwelling units, subject to the requirements of Section 24.16.020.8.
3. Inclusionary units shall be compatible with the design of market rate units in terms of exterior appearance, materials, and finished quality. Interior finishes, features, and amenities may differ from those provided in the market rate units, so as long as the finishes, features, and amenities are durable, of good quality, compatible with the market rate units, and consistent with contemporary standards for new housing.
4. The applicant may reduce square footage of inclusionary units as compared to the market rate units, provided all units conform to all requirements of Titles 18 and 19 and meet the minimum square footage requirement that affordable units are at least seventy-five percent of the average size of all market rate units in the development with the same bedroom count, and for residential developments including five or more accessory dwelling units, the inclusionary
40.81 requirements for the accessory dwelling units shall be met by providing accessory dwelling units conforming to the above standards for size. For the purpose of this subsection, the “average size” of a unit with a certain bedroom count equals the total square footage of all market rate units or all accessory dwelling units, with that bedroom count in the development divided by the total number of market rate units, or accessory dwelling units, with the same bedroom count in the development.
5. For developments with multiple market rate unit types containing differing numbers of bedrooms, inclusionary units shall be representative of the market rate unit mix and for developments including accessory dwelling units, the required inclusionary accessory dwelling units shall be calculated separately and shall be representative of the accessory dwelling unit size mix.
6. All building permits for inclusionary units in a phase of a residential development shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the inclusionary units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for inclusionary units in a phase of a residential development shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. When alternative methods of compliance are proposed pursuant to Section 24.16.030, the planning and community development director and the economic development director may jointly approve alternative phasing of market rate and inclusionary units if it finds that the proposal provides adequate security to ensure construction of the inclusionary units. Phases of construction shall be defined as a part of the first approval.
7. Rental to Tenant-Based Subsidy Holders. Owners of rental residential developments or SRO developments shall accept tenant-based subsidy holders (subsidy holders) as tenants of the inclusionary units, on the same basis as all other prospective tenants. The owner shall not apply selection criteria to subsidy holders that are more burdensome than the criteria applied to all other prospective tenants, nor shall the owner apply or permit the application of management policies or lease provisions which have the effect of precluding occupancy of the inclusionary units by subsidy holders.
Section 24. Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.16.100 PURPOSE.
The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single- or multifamily dwellings. Such accessory dwellings are allowed because they can contribute needed housing to the community’s housing stock. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security.
40.82 In addition the ordinance codified in this part provides a mechanism to grant legal status to existing illegally constructed accessory dwelling units in single-family neighborhoods. By encouraging legalization, safe dwellings may be added to the city’s existing housing supply.
Thus it is found that accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities throughout the city of Santa Cruz. To ensure that accessory dwelling units will conform to General Plan policy the following regulations are established.
24.16.120 LOCATIONS PERMITTED.
Accessory dwelling units are permitted on lots of any size in conjunction with a proposed or existing residential use in any zone that allows residential uses.
24.16.125 DEFINITIONS.
The following definitions shall apply to accessory dwelling units throughout the municipal code:
“Conversion accessory dwelling unit” shall mean any accessory dwelling unit created primarily by the conversion of any permitted, entitled, or legal nonconforming structure, or portion of such a structure. On property developed with multifamily structures only areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, shall be eligible to become conversion accessory dwelling units.
Consistent with zoning standards, conversion accessory dwelling units shall be permitted to expand the existing footprint of the structure by up to one hundred fifty square feet, and the existing height by up to two feet, and must be in conformance with all requirements of Section 24.16.142.
“New construction accessory dwelling unit” shall mean any accessory dwelling unit that includes new construction and which does not meet the definition and requirements for a conversion accessory dwelling unit.
24.16.130 PERMIT PROCEDURES.
1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.
2. Accessory dwelling units on substandard lots shall not be required to obtain a design permit unless they are associated with the construction of a new single-family dwelling per Section 24.08.400 et seq.
3. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of a single-story accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3). Applications that propose to locate an accessory dwelling unit
40.83 on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundred-square-foot accessory dwelling unit that would not trigger additional reviews;
b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the same lot or parcel; or
c. When the applicant seeks a delay.
4. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.
5. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.
24.16.140 DEVELOPMENT STANDARDS.
All accessory dwelling units, both new construction and conversion, must conform to the following requirements:
1. Number of Accessory Dwelling Units per Parcel.
a. For parcels zoned for and including a proposed or existing single-family home: One accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For parcels developed with an existing multifamily structure(s): Two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.
2. Parking. No off-street parking shall be required for any accessory dwelling unit outside of the Coastal Zone. Any parking spaces, covered or uncovered, removed in order to create an accessory dwelling unit shall not be required to be replaced outside the Coastal Zone. For properties within the Coastal Zone, parking requirements are contained in Section
24.12.240(1)(w).
3. Unit Size.
a. The floor area for new construction detached accessory dwelling units shall not exceed ten percent of the net lot area or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater, and no detached new construction ADU shall exceed a maximum of one thousand two hundred square feet of habitable area.
b. The floor area for new construction accessory dwelling units attached to the principal residential use on the property shall not exceed fifty percent of the existing habitable floor
40.84 area of the principal residential use on the property, or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater.
c. The floor area for conversion accessory dwelling units shall not be limited, subject to compliance with Section 24.16.142.
d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.
4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
1. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
2. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i).
5. Rear Yard Lot Coverage. In no case shall any accessory dwelling unit be limited in size based on rear yard lot coverage requirements contained in Section 24.12.140(5). In the application of Section 24.12.140(5), accessory dwelling units shall count toward the limit on allowable coverage by other accessory structures.
6. The following standards apply to accessory dwelling units located outside the standard side and rear yard setbacks for the zone district in which they are proposed:
a. The entrance to the accessory dwelling unit shall face the interior of the lot unless the accessory dwelling unit is directly accessible from an alley, a public street, or the Monterey Bay Sanctuary Scenic Trail.
b. Windows which face an adjoining residential property shall be designed to obscure views of neighboring yards by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.
7. Alley or Rail Trail Orientation. When an accessory dwelling unit is adjacent to an alley or the Monterey Bay Sanctuary Scenic Trail, the accessory dwelling unit is encouraged to be oriented toward the alley or trail with the front access door and windows facing the alley.
Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.
8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and
40.85 subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes.
Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental. i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.
9. Connections Between Units. At the discretion of the planning director, accessory dwelling units may be permitted to create direct access between units, or common access to a shared
40.86 garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.
10. Other Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.
11. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.
24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.
1. Design. The design of the accessory dwelling unit shall relate to the design of the principal single-family dwelling by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
2. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least five feet and rear setbacks of at least ten feet. i. Exception: Any two-story accessory dwelling unit oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall provide a setback of no less than five feet from the side and rear property lines.
c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front and side yard setbacks shall be the same as those required for single-family homes in the zoning district.
3. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall meet the same setbacks required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit.
4. Building Height and Stories.
a. A one-story detached new construction accessory dwelling unit shall be no more than sixteen feet in height measured to the roof peak.
b. A two-story detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:
i. Any two-story accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. ii. Any two-story accessory dwelling unit that is oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall be subject to a height limit of twentytwo feet. iii. Any other two-story accessory dwelling unit shall be subject to a height limit of twenty-two feet.
c. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be
40.87 oriented to obscure views of neighboring yards by ADU occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to twostory ADUs that conform to the setbacks required for the primary structure on the parcel. d. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district, except as noted in subsection (3). e. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.
5. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.
Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage.
For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted as lot coverage. b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area. c. Continuous long walls parallel to the side property line with narrow side yards shall be minimized.
d. Landscaping shall be required at least for front yard areas. e. Structures, landscaping or other features shall incorporate methods to lessen the visibility of garages on a street facade.
6. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.
24.16.142 CONVERSION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.
1. Setbacks and Lot Coverage. Conversion accessory dwelling units shall be permitted to maintain the existing setbacks and lot coverage of the structure to be converted or reconstructed, regardless of their conformance to current zoning standards.
2. Reconstruction. Structures to be converted may either be converted utilizing the existing structural components of the building, or reconstructed within the existing three-dimensional physical space occupied by the structure.
40.88 3. Additions and Expansions. An accessory dwelling unit shall be considered a conversion accessory dwelling unit when the proposed dwelling unit is created primarily within an existing or reconstructed structure.
a. Expansions of floor space up to one hundred fifty square feet shall be permitted, and these expansions shall comply with the development standards that apply to new construction accessory dwelling units as stated in Section 24.16.141, and shall not enlarge the accessory dwelling unit beyond one thousand two hundred square feet, unless necessary to accommodate ingress and egress to the accessory dwelling unit. b. Expansions of height up to two feet in additional height shall be permitted, and these expansions shall comply with the height limits set for new construction accessory dwelling units in Section 24.16.141.
c. Any expansion in excess of the above thresholds will trigger review as a new construction accessory dwelling unit, including assessment of any required fees.
24.16.150 DEED RESTRICTIONS.
Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
1. The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately.
2. The unit is restricted to the approved size.
3. The use of the accessory dwelling unit or junior accessory dwelling unit shall be in effect only so long as the property is in compliance with the ordinance as codified and the land use agreement recorded on the property, including any requirements regarding occupancy.
4. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement.
5. The deed restrictions shall lapse upon removal of the accessory dwelling unit or junior accessory dwelling unit.
6. For properties with accessory dwelling units and/or junior accessory dwelling units that are located in a permit parking program district, the primary residence and the accessory dwelling unit combined shall qualify only for the number of residential parking permits that would have been available to the primary residence. No additional permits will be granted for the accessory dwelling unit. The property owner shall offer the tenant of an accessory dwelling unit a residential parking permit if requested by the tenant.
7. For properties developed with single-family homes, neither the accessory dwelling unit, the junior accessory dwelling unit, nor the primary unit shall be used as a short-term rental. On properties zoned for and developed with multifamily structures, the accessory dwelling unit shall not be used as a short-term or vacation rental. In units within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.
24.16.160 ZONING INCENTIVES.
The following incentives are to encourage construction of accessory dwelling units:
1. Affordability Requirements for Fee Waivers. Accessory dwelling units proposed to be rented at affordable rents, as established by the city, may have development fees waived per Part
40.89 4 of this chapter. Existing dwelling units shall be relieved of the affordability requirement upon payment of fees in the amount previously waived plus the difference between that amount and the fees in effect at the time of repayment.
2. Covered Parking. The covered parking requirement for the principal single-family dwelling shall not apply if an accessory dwelling unit is provided. However, no plumbing fixtures may be installed in any remaining existing garage or newly constructed garage on a property that has an accessory dwelling unit without approval of the zoning administrator.
3. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the zoning administrator. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than fifty percent of the front yard width shall be allowed to be parking area.
4. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the principal single-family dwelling and the accessory dwelling unit may be provided in tandem on a driveway. A tandem arrangement consists of one car behind the other. No more than three total cars in tandem may be counted towards meeting the parking requirement.
24.16.170 JUNIOR ACCESSORY DWELLING UNITS.
1. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use and where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.
2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.
3. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in an addition to a single-family dwelling.
4. Junior accessory dwelling units may be no larger than five hundred square feet in size.
5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.
c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.
6. Junior accessory dwelling units may include separate sanitation facilities, or may share sanitation facilities with the primary dwelling.
7. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling. Junior accessory dwelling units that do not contain all the required features of a dwelling unit will be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling unit.
8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.
40.90 Section 25. Section 24.16.205 - Definitions of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.16.205 DEFINITIONS.
For purposes of this Part 3 of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this Part 3 its most reasonable interpretation.
1. “Affordable ownership costs” means a sales price resulting in projected average monthly housing costs during the first calendar year of a household’s occupancy, including mortgage payments, property taxes, homeowners insurance, and homeowners association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, which do not exceed the following:
a. For moderate-income households: one hundred ten percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty-five percent, and divided by twelve.
b. For lower-income households: seventy percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
c. For very-low-income households: fifty percent of area median income adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
The city may determine sales prices of affordable units by any reasonable method so long as average monthly housing payments of eligible households do not exceed those permitted by this definition.
2. “Affordable rent” means monthly housing expenses, including rent, utilities, and all fees for housing services, which does not exceed the following:
a. For lower-income households: sixty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
b. For very-low-income households: fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent and divided by twelve.
c. For federally subsidized units under the Housing Choice Voucher/Section 8 Program or other similar federal programs, federal rental terms may be applied at the discretion of the planning and community development director.
3. “Affordable units” are dwelling units which are affordable to very-low-, lower-, or moderate-income households as defined by this Part 3 and are subject to rental, sale, or resale provisions to maintain affordability.
4. “Area median income” is area median income for Santa Cruz County as published by the state of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.
40.91 5. “Assumed household size based on unit size” is a household of one person in a studio apartment, two persons in a one-bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.
6. “Child care facility” is a child daycare facility other than a family daycare home, as defined in Section 24.22.355, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age child care centers.
7. “Commercial development” is a construction project for nonresidential uses.
8. “Commercial development bonus” is a modification of development standards mutually agreed upon by the city and a commercial developer that is provided to a commercial development eligible for such a bonus under Section 24.16.258. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
9. “Density bonus” is a density increase over the otherwise allowable maximum residential density on a site, granted pursuant to this Part 3 of this chapter or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
10. “Density bonus units” are residential units granted pursuant to this Part 3 of this chapter which exceed the otherwise allowable maximum residential density for a housing development.
11. “Development standard” is any site or construction condition that applies to a housing development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation. A “site and construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a housing development.
12. “First approval” is the first of the following approvals to occur with respect to a housing development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permit listed in Section 24.04.030.
13. “Flexible Density Unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and Zoning Ordinance density standards. Developments including this unit type may consist solely of FDUs or include other residential units.
14. “Household income” is the combined adjusted net household income for all adult persons living in a living unit as calculated pursuant to California Code of Regulations, Title 25, Section 6916, or successor provision.
15. “Household, low or lower income” is a household whose income does not exceed the lower-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
16. “Household, moderate income” is a household whose income does not exceed the moderate-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
17. “Household, very low income” is a household whose income does not exceed the very-lowincome limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105.
40.92 18. “Housing development” is a development project on contiguous lots that are the subject of one development application, consisting of five or more residential units (not including any density bonus units), including single-family and multifamily and single-room occupancy units, for sale or for rent. For the purposes of this Part 3, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. In all cases density bonus units are not included for the purpose of determining whether the development consists of five or more units or lots.
19. “Incentives and concessions” are regulatory concessions as listed in Section 24.16.255.
20. “Inclusionary unit” is an ownership or rental dwelling unit or single-room occupancy unit within a housing development which is required under Part 1 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households.
21. “Major transit stop” is an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than twenty-five percent of their area farther than onehalf mile from the stop and if not more than ten percent of the units or one hundred units, whichever is less, in the housing development are farther than one-half mile from the stop.
22. “Market rate unit” is a dwelling unit which is not an affordable unit as defined in this Part
3. 23. “Maximum residential density” is the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the General Plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the land use element density shall prevail. This definition is used to calculate a density bonus pursuant to this Part 3 of this chapter.
24. “Partnered housing agreement” is an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.
25. “Special needs housing” is any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by California Welfare and Institutions Code Section 5890.
40.93 26. “Unobstructed access” to a location means that a resident is able to access the location without encountering natural or constructed impediments.
Section 26. Section 24.22.160 – Building, Height of in Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.22.162 BUILDING, HEIGHT OF.
The vertical distance from average grade, as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average midpoint of roof planes (calculated by using the intersection of the roofline with the exterior building wall, not including eaves or overhangs, as the low point and the peak of the roof as the high point) of the highest gable of a pitch or hip roof. In calculating the height of a stepped or terraced building, the height of each individual segment of the building shall first be calculated; the height of a stepped or terraced building is the height of the tallest segment of the building. Height limitations shall not apply to uses listed in Section 24.12.150, Height limit modifications, of this title.
Section 27. Section 24.22.355 – Family Daycare Home of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.22.355 FAMILY DAYCARE HOME.
1. A family daycare home means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Such facilities must be licensed by the state of California and operate under the standards of state law. The capacities include children under the age of ten who live in the home.
A family daycare home, either small or large, includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A family daycare home, either small or large, is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
a. “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who
40.94 reside at the home, as set forth in Section 1597.465 of the State Health and Safety Code and as defined in State regulations.
b. “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 of the State Health and Safety Code and as defined in State regulations.
Section 28. Section 24.22.456.1 – Housing, Volumetric Modular of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
24.22.456.1 HOUSING, VOLUMETRIC MODULAR
Buildings for residential or mixed commercial and residential buildings composed fully or primarily (over 50%) of modules or building systems that are manufactured off-site in such a manner that all concealed parts or processes of manufacture cannot be inspected on the construction site. These factory-finished modules are then stacked and joined onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the California Building Standards Commission pursuant to Section 19990 of the Health and Safety Codes to form a substantially complete building. Ideally, only bolting and interconnection of building services is required at the site. This definition does not apply to mobilehomes or recreational vehicles.
Section 29. Section 24.22.586 – Open Space, Usable of Chapter 24.22 – Definitions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.22.586 OPEN SPACE, USABLE.
Outdoor area on the ground, roof, balcony, deck, or porch which is designed and used for outdoor living, recreation, pedestrian access, or landscaping. The term shall not include off-street parking or driveway areas, nor shall such area have a slope greater than ten percent, or any dimension of less than ten feet. The term may include private balconies if their smallest dimension is four linear feet or more.
For new construction, where trees are retained on a site, the area under the canopy of a retained tree shall count double toward the Usable Open Space requirement. This area shall be calculated as the area contained within the circumference of a circle drawn using a radius equivalent to the average depth of the canopy from the center of the tree.
Section 30. This ordinance shall take effect and be in full force thirty (30) days after final adoption.
40.95 PASSED FOR PUBLICATION this 15th day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this __ day of _____, 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-
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator
40.96 ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 24.04 – ADMINISTRATION; 24.08 – LAND USE PERMITS AND FINDINGS;
24.10 – LAND USE DISTRICTS; AND 24.12 – COMMUNITY DESIGN OF THE SANTA
CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM TO ESTABLISH
OBJECTIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY HOUSING, ADD NEW
MIXED-USE ZONING DISTRICTS, IMPLEMENT DEVELOPMENT REVIEW PROCESS
CHANGES, AND MAKE ADDITIONAL MODIFICATIONS TO MUNICIPAL CODE TITLE 24 – ZONING ORDIANCE TO CLARIFY AND UPDATE VARIOUS CODE SECTIONS,
REMOVE OBSOLETE SECTIONS AND REFERENCES, STREAMLINE APPLICATION
PROCESSES, AND BRING THE ZONING ORDINANCE INTO CONFORMITY WITH
STATE LAW
Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter 24.04 – Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.04.030 TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE.
The following permits and actions are established in order to carry out the purposes and requirements of this title:
1. Appeals;
2. Coastal permit;
3. Conditional fence permit;
4. Conservation regulations modifications (in the Coastal Zone only);
5. Design permit;
6. Demolition/conversion permit:
a. Demolition authorization permit for residential structures, b. Historic demolition permit;
7. Extension of permits;
8. Historic building survey: building designation and deletion;
9. Historic alteration permit;
9a. Administrative historic alteration permit;
10. Historic landmark designation;
11. Mobile homes: certificate of compatibility;
12. Mobile home park conversion;
13. Planned development permit;
14. Project modifications, pursuant to Section 24.04.160(4)(b);
15. Relocation permit;
16. Revocation of permits;
17. Signs:
a. Design permit (for signs),
40.97 b. Building permit (for signs),
c. Sign permit – public art exception;
18. Slope Development Permit (outside the Coastal Zone)
19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; b. Special use permit, for uses requiring a special use permit;
20. Variance;
21. Watercourse development permit;
22. Watercourse variance;
23. Zoning Ordinance and General Plan text/map amendments.
Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.
Application for any permit shall be made by the property owner, or his/her authorized agent, to the zoning administrator on forms prescribed for the purpose. Alternatively, where a property developer has entered into an owner participation agreement or a disposition and development agreement with the city of Santa Cruz for development of property for which the developer has yet to secure site control, the city may make the permit application if the subject agreement provides for the city’s acquisition of the property on the developer’s behalf. The application shall include information as may be necessary for adequate review of the application. A list of such information is set forth on the application form.
Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.04.090 PUBLIC HEARING REQUIREMENT.
A public hearing shall be required for the following:
1. Appeals;
2. Coastal permit except for an accessory dwelling unit;
3. Conditional fence permit when required by Section 24.08.620;
4. Design permit:
a. When accompanying another permit requiring a public hearing or upon a zoning administrator determination that a public hearing is required; b. For new two-story structures and/or second-story additions associated with a singlefamily residential use on substandard residential lots, excluding any Accessory Dwelling Unit or Junior Accessory Dwelling Unit as defined in Chapter 24.16 Part; c. For large homes in R-1 Districts per Section 24.8.450; d. Wireless telecommunications facilities per Part 15 of Chapter 24.12; or e. New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
40.98 f. Mixed-Use or Residential Development that varies from one or more of the objective design standards of Chapter 24.12.185 of the Municipal Code
5. Density Bonus Applications
6. Demolitions: residential, except for a single-family residence, and historical buildings;
7. Historic building survey: building designation, deletion;
8. Historic landmark alteration permit;
9. Historic landmark designation;
10. Mobile home park conversion;
11. Slope Development Permit (on or within 20 feet of a 50% or greater slope) outside the Coastal Zone;
12. Planned development permit;
13. Revocation of permits;
14. Use permits:
a. Administrative use permit, except:
i. when the proposed use is temporary, as defined in this title; ii. for variations to parking design requirements and number of spaces; iii. half baths in accessory structures; and
iv. for low risk alcohol outlets;
b. Special use permit (including historic district/historic landmark use permit);
15. Variance;
16. Watercourse variance;
17. Project modifications, pursuant to Section 24.04.160(4)(c);
18. Zoning Ordinance and General Plan text and map amendments.
Section 4. Section 24.04.130 – Decision-Making Body With Final Authority on Application Approval of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL.
The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:
1. The planning commission and city council may refer certain aspects of any application to the zoning administrator for final action.
2. The zoning administrator may refer any of the matters on which he/she is authorized to act to the planning commission or historic preservation commission.
3. Recommendations for approval on General Plan matters and zoning ordinance text and map amendments shall require a majority vote of the planning commission; all other actions shall require a majority of the hearing body present at the meeting.
40.99 Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application No
Public
Hearing
Public Hearing Permits/Actions****
Action RecommendationAction
Appeal Bodies
(in order)
Coastal Permit ZA
(ADU*)
ZA* CPC/CC/CCC*
Administrative Use Permit: Temporary
uses, variations to parking design
requirements and number of spaces, low
risk alcohol outlets, and half baths in
accessory buildings
ZA CPC/CC
Other uses as listed by individual zoning
districts as requiring an Administrative
Use Permit
ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
Slope Regulations Modifications
(Variance) in the Coastal Zone
CPC CC
Slope Development Permit (on or within
20 feet of a 50% or greater slope) outside
the Coastal Zone
ZA CPC/CCC
Slope Regulations Modifications (Design
Permit) in the Coastal Zone
ZA CPC/CC
Slope Development Permit (on or within
20 feet of a slope greater than or equal to
30% and less than 50%) outside the
Coastal Zone
ZA CPC/CC
Design Permit ZA CPC/CC
1. Substandard lots: New two-story
structures and second-story additions
with a single-family residential use,
excluding ADUs
ZA CPC/CC
2. Large homes per Section 24.08.450 ZA CPC/CC
3. Wireless telecommunications
facilities
ZA ZA CPC/CC
4. New structures or improvements to
existing structures in the WCD Overlay
which are exempt or excluded from
coastal permit requirements
ZA CPC/CC
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Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application No
Public
Hearing
Public Hearing Permits/Actions****
Action RecommendationAction
Appeal Bodies
(in order)
5. New structures or improvements to
existing structures in the WCD Overlay
which require a coastal permit
ZA CPC/CC
Only one of the following Options shall be codified:
Option 1 (Streamlined):
6. Residential development in R-L, RM, or R-H zone districts conforming to all standards of Section 24.12.185
ZA CPC/CC
7. Mixed-Use or Residential
development not in the R-L, R-M, or R-H
zone districts conforming to all standards
of Section 24.12.185
ZA CPC/CC
8. Mixed-Use or Residential
development varying from at least one
and no more than five standards of
Chapter 24.12.185 of the Municipal Code
ZA CPC/CC
9. Mixed-Use or Residential
Development varying from six or more
standards of Chapter 24.12.185 of the
Municipal Code
CPC CC
Option 2 (Conforming Hearings):
6. Residential development in R-L, RM, or R-H zone districts conforming to all standards of
Section 24.12.185
ZA CPC/CC
7. Mixed use or Residential
Development not within the R-L,
R-M, or R-H zone districts
conforming to all standards of
Section 24.12.185
ZA CPC/CC
8. Mixed-Use or Residential ZA CPC/CC
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Development varying from at least
one and no more than five
standards of Chapter 24.12.185 of
the Municipal Code
9. Mixed-Use or Residential
Development varying from six or
more standards of Chapter
24.12.185 of the Municipal Code
CPC CC
Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application No
Public
Hearing
Public Hearing Permits/Actions****
Action RecommendationAction
Appeal Bodies
(in order)
Option 3 (Hybrid):
6. Residential development in R-L, R-M,
or R-H zone districts conforming to
all standards of Section 24.12.185
ZA CPC/CC
7. Mixed-Use or Residential
Development not within the R-L, R-M
or R-H zone districts with no more
than 50 dwelling units and
conforming to all standards of Section
24.12.185
ZA CPC/CC
8. Mixed-Use or Residential
Developments not within the R-L, RM or R-H zone districts with 51 dwelling units or more and
conforming to all standards of Section
24.12.185
ZA CPC/CC
9. Mixed-Use or Residential
Development not within the RL, RM
or RH zone districts with no more
than 50 dwelling units and varying
from at least one and no more than
five standards of Chapter 24.12.185 of
the Municipal Code
ZA CPC/CC
10.Mixed-Use or Residential
Development varying from six or
more standards of Chapter 24.12.185
CPC CC
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Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application No
Public
Hearing
Public Hearing Permits/Actions****
Action RecommendationAction
Appeal Bodies
(in order)
of the Municipal Code
Demolition Permit
1. Single-family residential ZA CPC/CC
2. Multifamily residential CPC CC
3. Historic demolition permit HPC CC
4. Nonresidential ZA** ZA** CPC/CC
General Plan Text and Map
Amendments
C CC/CCC***
Historic Alteration Permit HPC CC
Administrative Historic
Alteration Permit
ZA HPC/CC
Historic Building Survey:
Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark
Designation
HPC CC
Mobile Homes (Certificate of
Compatibility)
ZA CPC/CC
Mobile Home Park
Conversion
CPC CC
Outdoor Extension Areas per
Section 24.12.192
ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Project (Minor) Modification ZA CPC/CC
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Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application
No Public
Hearing Public Hearing Permits/Actions****
Action Recommendation Action
Appeal
Bodies
(in
order)
Relocation of Structures Permit ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to
next highest
body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development Permit ZA CPC/CC
Zoning Ordinance Text and Map
Amendments
Amendments recommended by CPC CPC CC/CCC***
Amendments not recommended by CPC CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission
HPC = Historic Preservation Commission ZA = Zoning Administrator * For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section 24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10). ** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey. *** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2).
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Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.04.160 LIFE OF PERMIT.
1. Expiration.
a. Each approved permit shall expire and become null and void thirty-six months from the date on which it is approved, unless exercised; a lesser time period may be specified. A relocation permit shall be exercised within six months. b. An approved permit applies to the subject property and runs with the land. Once exercised, an approved permit remains effective unless terminated or modified and remains effective even if the subject property is rezoned.
c. An approved permit is transferable to any future owner of the subject property. d. Any use permit which has been exercised shall expire and become void where the use has ceased for a period of six consecutive months, whether or not it is the intent to abandon said use.
e. All active permits as of March 10, 2009, and those approved up to and including March 10, 2010, shall have the life of the permit automatically extended an addition one year from the length of time currently allowed under subsection (1)(a). This extension authorization shall expire on March 11, 2011, unless otherwise extended by the city council.
2. Extension of Permits. Any permit issued in conjunction with a project that has had its tentative subdivision map or parcel map extended pursuant to the provisions of the California Subdivision Map Act, Government Code Sections 66410 et seq. or the city’s Subdivision Ordinance, S.C.M.C. Title 23, shall have its associated land use permits automatically extended for a period coextensive to any extension of the tentative subdivision map or parcel map attributable to the application of Subdivision Map Act or Subdivision Ordinance provisions.
3. Revocation of Permits. In any case where the conditions to the granting of a permit have not been or are not complied with, the decision-making body with final authority over said permit shall give notice thereof to the permittee, which notice shall specify a reasonable period of time within which to perform said conditions and correct said violation. If the permittee fails to comply with said conditions, or correct said violation, within the time allowed, notice shall be given to the permittee of intention to revoke such permit at a hearing to be held not less than ten calendar days after the date of such notice. Following such hearing and, if good cause exists therefor, the decision-making body with final authority over said permit may revoke such permit.
4. Modifications.
a. Minor Modifications. The zoning administrator may modify conditions imposed on any permit at the request of the permit holder where evidence has been submitted that the requested modifications:
(1) Will not significantly alter the approved permits; and (2) Are made on the basis of changed circumstances since the original approval; and (3) Would not contradict or go against any direction in the record that was instrumental in the approval of the original permit: and (4) In the case of a housing development application, that the requested modification applies to a variation from a design standard that was previously reviewed at a public hearing as an alternative design, or does not involve a variation from the design standards of Section 24.12.185.
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b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the project, or approve partial variation from one of the standards in Section 24.12.185 without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance, or the purpose of the standard in Section 24.12.185 as applicable. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. Minor modifications not related to such increases in floor area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.
c. Major Modifications. The zoning administrator shall refer to the decision-making body with final authority for review and action any requested modifications which involve significant increases in size or nature of an approved project beyond those limits set in subsection (4)(b). A public hearing will be required unless the permit proposed for modification was approved administratively, in which case the modification may also be decided administratively, or may be elevated at the discretion of the zoning administrator.
In the case of a housing development project, any variation from a requirement of Section
24.12.185 that was not previously reviewed at a public hearing, shall trigger the need for a public hearing at the level indicated by 24.08.420.
Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.
1. The zoning administrator is hereby authorized to issue use permits for all uses designated in the district regulations of this title as being subject to the issuance of an administrative use permit.
2. A public hearing shall be held, except in the following cases:
a. Where the proposed use is temporary, as defined herein; b. Where the proposed use permit is for a variation to design standards for parking or for a reduction to the required number of parking spaces;
c. Where the proposed use is for the construction of a half bathroom in an accessory building, subject to the requirements in Section 24.12.140; or d. Where the proposed use is for a low risk alcohol outlet subject to the requirements of Part 12: Alcoholic Beverage Sales of Chapter 24.12.
Section 7. Part 5: Design Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 5: DESIGN PERMIT
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24.08.400 PURPOSE.
The purpose of the design permit is to promote the public health, safety and general welfare through the review of architectural and site development proposals and through application of recognized principles of design, planning and aesthetics and qualities typifying the Santa Cruz community. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.
24.08.410 GENERAL PROVISIONS.
A design permit shall be required for the following types of projects:
1. Multiple dwellings and dwelling groups containing two or more dwelling units;
2. New structures intended for commercial use;
3. New structures intended for industrial use;
4. Commercial or industrial uses of land not involving a building;
5. Accessory structures and uses except those accessory uses or structures customarily associated with and accessory to a single-family dwelling unless a design permit is otherwise required in this title;
6. Any structure on, or use of, a substandard residential lot when that structure or use is associated with a single-family residential use, except for structures which provide access to the first floor for the physically challenged and accessory structures that are less than one hundred twenty square feet and less than fifteen feet in building height. Such accessory structures shall be included in the calculation of maximum lot coverage pursuant to Section 24.08.440;
7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;
8. Any project where the applicant is a public agency over which the city may exercise land use controls;
9. Public projects in the Coastal Zone, including but not limited to buildings, roads, bridges, wharf structures, shoreline riprap, and port district projects;
10. Any project which requires a design permit as a result of a specific city action or as a result of a condition of a prior project approval;
11. Parking lots with capacity for five or more spaces;
12. Any project which requires a planned development permit;
13. Single-family homes over four thousand square feet in R-1-10, three thousand five hundred square feet in R-1-7, and three thousand square feet in R-1-5 zoning districts;
14. Any structures in the West Cliff Drive Overlay District.
Electric vehicle charging stations are exempt from the requirement for a design permit.
24.08.420 PROCEDURE.
1. Applications for design permits shall be acted upon by the zoning administrator without a public hearing unless the design permit is accompanied by an application which must be heard by a higher body (planning commission or city council) or meets the requirements for review at a
40.107
public hearing by either the Zoning Administrator of the City Planning Commission as delineated below. When acting on a fully compliant application for a housing development project, the ZA shall make the findings required by 24.08.425.
2. Any applications for design permits of the types listed below shall be acted upon by the zoning administrator at a public hearing:
a) New two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots;
b) Large homes per Section 24.08.450;
c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
e) Mixed-Use or multifamily residential development that varies from no more than five of the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.426.
3. Any applications for design permits for mixed use or multifamily residential development that vary from six or more of the objective design standards of Section 24.12.185 of the Municipal Code shall be acted upon by the City Planning Commission at a public hearing, pursuant to the findings required by 24.08.426.
24.08.425 FINDINGS REQUIRED – FULLY-COMPLIANT MIXED-USE OR MULTIFAMILY DEVELOPMENT.
Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects for which the following findings can be made will not be subject to a public hearing except by reason of appeal.
1. The site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
2. The site plan and building design are in full conformance with the design standards of Section 24.12.185.
24.08.426 FINDINGS REQUIRED – ALTERNATIVE DESIGN MULTI-FAMILY OR MIXED-USE DEVELOPMENT.
Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects which propose to vary from one or more of the design standards of Section 24.12.185 shall be subject to a public hearing in accordance with 24.08.420.
The public hearing body shall approve the design permit based upon the following findings.
These findings shall apply only to alternative designs for compliance with Section 24.12.185, and are not applicable to applications seeking to vary from any other standard, requirement, or policy of the Municipal Code.
1. With the exception of the standards for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the
40.108
General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
2. For each standard for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section
24.12.185.
24.08.430 FINDINGS REQUIRED – GENERAL.
All applications for design permits that cannot be reviewed under Sections 24.08.425 or
24.08.426 shall be reviewed in relation to below established criteria for design review.
Applications for design review other than those processed pursuant to Sections 24.08.425 and
24.08.426 shall be approved if proposed buildings, structures, streets, landscaping, parking, open space, natural areas and other components of the site plan conform with the following criteria, as applicable:
1. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
2. For nonresidential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.
3. For nonresidential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
4. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worthy of preservation.
5. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas. Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rights-of-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.
6. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.
7. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan maintain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.
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8. The site plan ensures that the scale, bulk, and setbacks of new development preserves important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.
9. The site plan shall reasonably protect against external and internal noise, vibration and other factors which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.
10. Building and structures shall be designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.
24.08.440 STANDARDS FOR SUBSTANDARD RESIDENTIAL LOT DEVELOPMENT.
Whenever a project associated with a single-family residential use is proposed for a substandard residential lot, as defined in Section 24.22.520, applications for design review shall be approved if the findings set forth in Section 24.08.430 can be made and proposed buildings, structures, landscaping and other components of the site plan conform to the following additional criteria:
1. The maximum allowable lot coverage for structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage and other accessory buildings (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet. Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage. For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted toward lot coverage.
2. The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes thirty percent or less of the net lot area.
3. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.
4. New structures shall be sited in ways which avoid causing substantial change in the pattern of existing building projections along streets. Continuous long, parallel abutting walls on narrow side yards shall be avoided.
5. Spacing of buildings and overall siting of structures shall maximize the potential for solar access to each lot.
6. Landscaping shall be required at least for front yard areas and shall be used to screen parking from street.
7. Structures shall incorporate methods to lessen the impact of garages on a street facade.
Section 8. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.200 PURPOSE.
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To provide a residential living area within the city which allows low residential densities and provides a transition to rural areas which adjoin portions of the city. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.210 PRINCIPAL PERMITTED USES.
1. Single-family dwelling.
2. Community care facilities including daycare (except family daycare homes) and foster home (six or fewer persons).
3. Crop and tree farming and grazing lands.
4. Small and large family daycare homes in residential units.
5. Community garden.
6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section
24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.230. d. Living quarters for persons regularly employed on the premises, when located within principal building.
7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.
8. Supportive and transitional housing in single-family dwellings.
24.10.230 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
24.10.240 USE DETERMINATIONS.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
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24.10.250 DISTRICT REGULATIONS.
1. General.
Classification or Type of Use
Provision Single-Family Residential
RS-10A RS-5A RS-2A RS-1A
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 & 30 2 & 30 2 & 30 2 & 30 • Accessory: (stories and feet) 1 & 20 1 & 20 1 & 20 1 & 20 b. Lot area (acre) 10 acres 5 acres 2 acres 1 acre
c. Lot width (feet) 250 200 150 100
d. Front yard (feet) 40* 40* 40* 40*
e. Rear yard (feet) 30 30 30 30
f. Side yards (feet) 25 20* 20* 15*
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.
2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.
3. Design Guidelines. Development guidelines adopted by the city shall be used as applicable to provide site design standards to augment the general district regulations in the development of property in this district.
4. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings, including accessory dwelling units; and six feet between accessory buildings.
Section 9. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.300 PURPOSE.
To stabilize and protect the residential characteristics of the district, and to promote and encourage a suitable environment for family life and single persons; and intended for singlefamily detached dwellings and the services appurtenant thereto. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 42, Sections 24.10.4200 et al. for properties within the West Cliff Drive Overlay District. Please also see Section 24.08.440 for substandard lots and Section 24.08.450 for large home developments.
24.10.310 PRINCIPAL PERMITTED USES.
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1. Single-family dwelling.
2. Community care facilities including daycare (except family daycare homes) and foster homes (six or fewer persons).
3. Small and large family daycare homes in residential units.
4. Community garden.
5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.330.
6. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.
7. Supportive and transitional housing in single-family dwellings.
24.10.330 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140.
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part
15. 2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9. b. Community care facilities including nursing homes, retirement homes, daycare (except family daycare homes) and foster homes (seven or more persons). c. Health facilities for inpatient and outpatient psychiatric care and treatment. d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. e. Plant nurseries and greenhouses.
f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
g. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses. h. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:
(1) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;
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(2) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall have a minimum setback of twenty feet from the property line to the vehicle entrance of the structure.
i. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.
24.10.340 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.350 DISTRICT REGULATIONS.
1. General.
Classification or Type of Use
Provision Single-Family Residential
R-1-10 R-1-7 R-1-5
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 1/2 & 30 2 1/2 & 30 2 1/2 & 30 • Accessory: (stories and feet) 1 & 15 1 & 15 1 & 15
• Single-story structure 1 & 19 N/A N/A
b. Minimum lot area (net)
(square feet)
10,000 7,000 5,000
c. Minimum lot width (feet) 70 70 50
d. Front yard (feet) 25* 20* 20*
e. Rear yard (feet) 30 25 20
f. One side yard (feet) 10 7* 5*
g. Both side yards – total
• Interior lot (feet) 20 14 10
• Exterior lot (feet) 22 16 13
h. Exterior side yard or end
(feet)
12* 9* 8*
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Classification or Type of Use
Provision Single-Family Residential
R-1-10 R-1-7 R-1-5
i. Maximum building area
without design permit
4,000 (See Section 24.08.450 for
findings)
3,500 3,000
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.
2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.
3. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings including accessory dwelling units; and six feet between accessory buildings.
4. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.
24.10.351 SUBSTANDARD R-1 LOT DEVELOPMENT REQUIREMENTS AND REGULATIONS.
1. Two or more vacant, contiguous lots in the R-1, Single-Family Residential District which are each less than fifty feet in width, and which are under common ownership, shall not constitute or be deemed a lawful site for building purposes, unless they are combined to be made conforming with respect to width, or an administrative use permit is obtained for a single-family dwelling for each lot, or unless they are combined and developed as described in subsection (1)(c) below.
a. Where such lots are combined to meet the lot width requirement of an R-1 District (fifty feet in the R-1-5 District, seventy feet in the R-1-7 and R-1-10 Districts), the resultant lot may be used as a building site as provided by this title. b. Lots as described above may be used as a building site for single-family dwellings upon approval of an administrative use permit for each lot. c. Combined lots may be used as a building site for a duplex, triplex, or a series of duplexes and/or triplexes. The total number of units shall not exceed the original number of lots combined. Findings for approval of a use permit and design permit shall be required. (1) Where any existing lot prior to combination is less than thirty-five feet wide, a special use permit shall be required.
(2) Where any existing lot prior to combination is between thirty-five feet and fifty feet wide, an administrative use permit shall be required.
2. The maximum height of structures on lots of thirty-five feet or less in width shall be twentytwo feet.
Section 10. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 5: R-L MULTIPLE RESIDENCE – LOW-DENSITY DISTRICT
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24.10.400 PURPOSE.
To promote the development of multifamily townhouses, condominiums and apartments at a low to medium density of 10.1 to twenty-seven units per acre, depending on unit mix; to stabilize and protect the residential characteristics of the district and to promote and encourage a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.410 PRINCIPAL PERMITTED USES.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)
1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)
2. Community care facilities including daycare (except family daycare homes), retirement homes and foster homes (six or fewer).
3. Small and large family daycare homes in residential units.
4. Two-family dwellings, subject to the density requirements in the General Plan.
5. Community garden.
6. Single-family dwellings, subject to the density requirements in the General Plan.
7. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section
24.10.160.
b. Park and recreational facilities.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.430.
8. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.
9. Supportive and transitional housing.
24.10.430 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140.
b. Temporary structures and uses.
c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
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2. The following uses are subject to approval of a special use permit and may also a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons). c. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except that accessory dwelling units are not subject to approval of a design permit unless located on a substandard lot as defined in Section 24.22.520.
d. Dormitories, fraternity/sorority residence halls, boardinghouses. e. Health facilities for inpatient and outpatient psychiatric care and treatment. f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve. g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs. h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
24.10.440 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.450 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type
Provision Single-Family
Detached 2 or More Units
a. Maximum height of buildings
• Principal (feet) 30 30
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (square feet) 5,000 5,500
c. Minimum lot area per dwelling unit 2,200 (1,600 sq. ft. for 1-
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(net) (square feet) bedroom/studios)
d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit
(square feet)
– 400
2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet except that the front yard may be reduced to not less than ten feet for a portion not to exceed fifty percent of the building frontage, and providing that a total of fifteen square feet of front yard is provided for each lineal foot of total lot frontage.
b. The minimum rear yard setback shall be ten feet.
c. The minimum side yard setback shall be five feet, and five additional feet of setback for each story above the second story.
(1) There shall be no side yard required for townhouses on interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
(2) The minimum exterior side yard setback shall be eight feet, and five additional feet of setback for each additional story above the second story. d. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.
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e. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet. f. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.
3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and Chapter 24.16, Part 2, Accessory Dwelling Units.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
Section 11. Part 6: R-M Multiple Residence – Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 6: R-M MULTIPLE RESIDENCE – MEDIUM-DENSITY DISTRICT
24.10.500 PURPOSE.
To promote the development of multifamily townhouses, condominiums and apartments at a medium residential density of 20.1 to forty units per acre depending on unit mix; to stabilize and protect the residential characteristics of the district; and to promote a suitable environment for the lives of families and single persons. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.510 PRINCIPAL PERMITTED USES.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)
1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
2. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
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3. Community garden.
4. Small and large family daycare homes in residential units.
5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section
24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section
24.10.530.
6. Supportive and transitional housing.
7. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.
24.10.530 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.
b. Two family dwelling if the lot area exceeds five thousand five hundred square feet. c. Temporary structures and uses.
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Single-family dwellings on substandard lots.
f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home. c. Dormitories, fraternity/sorority residence halls, boardinghouses. d. Health facilities for inpatient and outpatient psychiatric care and treatment. e. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. f. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
g. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses. h. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
24.10.540 USE DETERMINATION.
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Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.550 DISTRICT REGULATIONS.
1. General.
Dwelling Type
Provision
Duplex 3 or More Units
Maximum Height of Buildings
Principal (feet) 30 35
Accessory (stories and feet) 1 and 15 1 and 15
Minimum lot area (net) (square feet) 4,400 5,500
Minimum lot area (net) per dwelling unit
(square feet)
2,200 1,450 (1,100 sq. ft. for 1-
bedroom/studios)
Minimum lot width (feet) 50 65
Usable open space per dwelling unit – 400
(square feet)
200 (1-bedroom/studios)*
* Open space shall be attached or aggregated in a manner that provides usable open space for all units exclusive of setbacks and other small landscape areas less than 10 feet in width. ** Existing lots of 5,500 square feet or greater with a minimum lot width of 50 feet may have 3 or more units if all other RM development standards can be met.
2. Setback Requirements.
a. The minimum front yard setback shall be fifteen, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, and five additional feet of setback for each story above the second story.
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c. The minimum side yard setback shall be five feet, and five additional feet of setback for each story above the second story.
d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, and five additional feet of setback for each additional story above the second story. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.
3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
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4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
Section 12. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 6A: R-H MULTIPLE RESIDENCE – HIGH-DENSITY DISTRICT
24.10.560 PURPOSE.
To promote the development of multifamily apartments, townhouses and condominiums at a high residential density of 30.1 to fifty-five units per acre in order to increase the supply of affordable and rental housing, and provide new market rate infill housing opportunities. This district provides a suitable environment for higher density households. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.565 PRINCIPAL PERMITTED USES.
The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:
1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures; (830, 840)
2. Small community care residential facilities including daycare (except family daycare homes), foster homes, and retirement homes, with six or fewer persons; (800A)
3. Small and large family daycare homes in residential units.
4. Supportive and transitional housing.
5. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.
24.10.570 ACCESSORY USES.
Accessory uses are principally permitted subject to a design permit when they are a subordinate use to the principal use of the lot. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height.
1. Garages and parking areas, private;
2. Home occupations subject to home occupancy regulations as provided in Section 24.10.160;
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3. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Sections 24.10.575 and 24.12.140.
24.10.575 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an Administrative Use Permit and may also require a Design Permit per section 24.08.410 in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.
Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Expansion of any existing single-family dwelling; (800) b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)
c. Temporary structures and uses;
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a Special Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)
b. Community care facilities including daycare (except family daycare homes), foster homes, nursing and retirement homes for seven or more persons; (850e) c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b) d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)
e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)
f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540) g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit (570).
24.10.580 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this
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title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.585 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type
Provision
Duplex 3 or More Units
a. Maximum height of buildings
• Principal (feet) 30 48
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (sq. ft.) 4,000 5,000
c. Minimum lot area per dwelling unit (net) (sq. ft.) 2,000 790 d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit (sq. ft.) – 250
f. Lot coverage 45% 70%
2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. Setback requirements may not be reduced for those portions of buildings that are three stories or taller.
b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. c. The minimum side yard setback shall be five feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. d. Where a parcel abuts a public right-of-way on opposite sides of the parcel, the front yard setback requirements shall apply to the major street and the rear yard setbacks shall apply to the secondary street; however, in the case of the rear yard setback, the setback shall not be less than the average of the two adjacent lots. e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
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f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. To preserve the view to Beach Hill down Front Street, the height of the first twentyfive feet of depth along Front Street shall be limited to twenty-four feet.
3. Design.
a. The site and building design shall conform to the General Site Design Standards, Part 2, Chapter 24.12, Design Guidelines of any applicable area plan, and Section 24.12.185 Objective Design Standards for Multifamily Housing.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.590 FINDINGS REQUIRED.
In addition to required Use and Design Permit findings, any development permit must also meet all the following findings, to the extent permitted by state law:
1. The amenity level of the development, the quality of the architecture, and the landscaping provided substantially enhance the site;
2. The bulk, massing, height, and rooflines of the proposed development are found to be consistent with the Design Criteria and add to the architectural quality of the neighborhood; and
3. The siting, landscaping, access, and design of the proposed development demonstrate a sensitive relationship to the San Lorenzo River and maximize the natural attributes of this riverside location.
Section 13. Part 7A: R-T(A) Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 7A: R-T(A) SUBDISTRICT A – MEDIUM-DENSITY RESIDENTIAL
24.10.602 PURPOSE.
The purpose of Subdistrict A is to establish standards for medium-density residential uses which promote and protect the residential characteristics of the subdistrict and provide a suitable environment for its residents. To preserve the architectural and historic character of this subdistrict, all new development will be reviewed to ensure high-quality design compatible with surrounding residential uses, in compliance with the Beach Hill Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
24.10.603 PRINCIPAL PERMITTED USES.
1. The following uses may be subject to approval of a design permit per section 24.08.410 and other requirements of the Municipal Code (numerical references at the end of these categories
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reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small and large family daycare homes in residential units. c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums; (830)
2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.
24.10.604 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 and are also subject to all other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Single-family dwellings; (810)
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
c. Supportive and transitional housing in multifamily dwellings. d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9; (300c)
b. Large community care facilities; (850e)
c. Group care homes; (850e)
d. Public and private commercial parking;
e. Public and private noncommercial recreation areas, buildings and facilities such as parks; (710)
f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540, 570) g. Retirement homes or centers; (850b)
h. Supportive and transitional housing.
24.10.606 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of
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adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.608 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type
Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 8,000 c. Minimum lot area (net) per dwelling unit
(square feet)
5,000 2,500 1,450 –
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –
2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater, except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure, whichever is greater for the second story and above.
d. There shall be no side yard required for townhouses or interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of
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height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.
3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, Chapter 24.16, Part 2, Accessory Dwelling Units, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
Section 14. Part 7B: R-T(B) Subdistrict B – Motel Residential-of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 7B: R-T(B) SUBDISTRICT B – MOTEL RESIDENTIAL
24.10.610 PURPOSE.
The purpose of Subdistrict B is to establish and control uses to ensure a compatible mixture of uses addressing the needs of residents and tourists. Dominant uses contemplated are motel and medium-density residential uses. To encourage development which is attractive to both permanent residents and tourists, emphasis will be placed on compatibility of design, landscaping, and a comprehensive review of site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
24.10.611 PRINCIPAL PERMITTED USES.
1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.
2. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).
3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).
4. Single-family and duplex dwellings (800, 810).
5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring no public hearing.
24.10.612 USE PERMIT REQUIREMENTS.
1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Storage and equipment structures.
b. Temporary structures and uses.
c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
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d. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
e. Supportive and transitional housing, nine or fewer units.
2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Coffee shops subject to the live entertainment regulations in Chapter 24.12, Part 2 (280g).
b. Large community care facilities (850e).
c. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).
d. Public and private commercial parking (940, 950).
e. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).
f. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570). g. Retirement homes or centers (850b).
h. Supportive and transitional housing, ten or more units.
24.10.614 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.616 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type Medium Density
Residential Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 8,000 c. Minimum lot area (net) per dwelling unit 5,000 2,500 1,450 –
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Dwelling Unit Type Medium Density
Residential Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
(square feet)
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –
2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater; except that the front yard may be reduced to not less than six feet for a portion not to exceed fifty percent of the building frontage, providing that a total of ten square feet of front yard is provided for each lineal foot of total lot frontage. Such reduction of front yard depth shall not be permitted on a corner lot, within twelve feet of any side street lot line. b. The minimum rear setback shall be ten feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. c. The minimum side yard setback shall be five feet for the first story and one foot of setback for each three feet of height, or portion thereof, of structure for the second story and above.
d. There shall be no side yard required for townhouses on interior lots except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portion thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet. g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.
3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Chapter 24.12, Part 2, and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
Section 17. Part 7C: R-T(C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
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Part 7C: R-T(C) SUBDISTRICT C – BEACH COMMERCIAL
24.10.618 PURPOSE.
The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses.
New development including residential units or uses within the zone, are encouraged to incorporate Uses for Active Frontage along the site frontage. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.
24.10.619 PRINCIPAL PERMITTED USES.
1. The following uses are allowed, subject to a Design Permit for new construction per section
24.08.410 and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Food and beverage stores (except liquor stores) (240); b. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280); RESIDENTIAL USES:
c. Flexible density unit (FDU) housing as part of a mixed-use project; d. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the RT(A) District regulations (830); e. Multiple dwellings, townhouse dwelling groups and condominiums when ground-floor units are designed as Live-Work units consistent with Section 24.12.185.14 and subject to the R-T(A) District regulations (830);
f. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820); g. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
h. Single-room occupancy (SRO) housing (860);
i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);
j. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.
COMMERCIAL USES:
k. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);
l. Off-site parking fewer than five spaces (930);
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m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring no public hearing.
2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.620.
24.10.620 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and may also require a design permit per section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance studios/schools (610);
b. Apparel and accessory stores (250);
c. Community organizations, associations, clubs and meeting halls (570); d. Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); e. Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); f. Educational facilities (public/private) (510);
g. General merchandise stores (drug and department stores) (230); h. Government and public agencies (530);
i. Home furnishings (270);
j. Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); k. Museum and art galleries (600);
l. Professional offices associated with a visitor-serving use (400); m. Repairs, alterations, maintenance services to household items (except boat repair) (340);
n. Specialty retail supply stores (290);
o. Video rental (360B);
RESIDENTIAL USES:
p. Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
q. Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
r. Churches (500);
s. Developed parks (710);
t. Undeveloped parks and open space (700);
u. Temporary structures and uses;
v. Sports and recreation facilities, without alcohol sales (720); w. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
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2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); b. Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H); c. Financial, insurance, real estate offices (420);
d. Fish/seafood wholesale sales (200F);
e. Medical/health offices (410);
f. Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
g. Personal services (except contractors’ yards and mortuaries) (310); h. Theaters (620);
RESIDENTIAL USES:
i. Supportive and transitional housing, subject to the R-T(A) District regulations; COMMERCIAL USES:
j. Communication and information (550);
k. Marine facilities and related uses (560E):
l. Related research facilities (400L);
m. Related storage and warehousing (330);
n. Off-site public/private parking facilities, five or more spaces (930); o. Professional offices (400), except as associated with a visitor-serving use; p. Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
q. Utilities and resources (540).
24.10.622 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
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24.10.624 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type
Provision 1-Family
Detached Duplex 3 or More Units
Other
Uses
a. Maximum height of buildings
• Principal buildings (feet) 30 30 36 36
• Accessory buildings (feet) 15 15 15 15
b. Minimum lot area (net) (square feet) 5,000 5,000 8,000 5,000 c. Minimum lot area (net) per dwelling unit
(square feet)
5,000 2,500 1,450 –
d. Minimum lot width (feet) 50 50 65 65
e. Usable open space per dwelling unit
(square feet)
– – 400 –
2. Other Requirements.
a. When located across a street from Subdistrict A, parking and loading facilities shall be at least ten feet distant from said property line, and buildings and structures at least fifteen feet from said property line.
b. The minimum distance between buildings shall be six feet or one foot of setback for each two feet of height of, or portions thereof, a structure, whichever is greater. c. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line, to the entrance of the garage. d. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
e. Height:
e.1. Maximum Building Height: Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians. • Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review. e.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.
f. Design: All development must be in compliance with adopted design guidelines.
Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
f.1. The design of all new structures shall be based upon “Spanish Colonial Revival” architecture as well as Mission Revival and Mediterranean architecture as described in
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the design guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.
f.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
f.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. f.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
f.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.
f.6. Flat roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. g. Siting:
g.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
g.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. g.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
h. Accessibility:
h.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
h.2. Access must be aesthetically integrated within the development. i. Setbacks: Development on this site should be designed to encourage and support activities that unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
j. Parking:
j.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.
j.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements. • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.
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j.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
j.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. j.5. Off-site parking may be permitted within this subdistrict if:
• The city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or • The development identifies and develops a suitable permanent parking facility; or
• The development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
k. Landscaping:
k.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries.
Landscaping shall be maintained in an attractive condition. k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. l. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or
• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.
3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either
a. Uses for Active Frontage along a minimum of 50% of the length of the site frontage; or
b. Live-work units as defined in 24.12.185.14 along 100% of the site frontage.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.624.1 FINDINGS REQUIRED.
In addition to required Use and Design Permit findings, any development permit must also meet the following findings. The proposed project:
1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTA and RTB neighborhoods; and
2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.
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3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.
Section 16. Section 24.10.625.4 – Use Determination of Part 7C.1: R-T(C)/PER: Subsidtrict C – Beach Commercial/Performance Overlay Zone of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.625.4 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 17. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 7D: R-T(D) SUBDISTRICT D – BEACH RESIDENTIAL
24.10.626 PURPOSE.
The purpose of Subdistrict D is to conserve, protect and enhance the beach residential character of the subdistrict and provide a suitable environment for residents. To preserve the small scale and enhance the historic beach cottage character of this subdistrict, and to ensure that new residential land uses are compatible, permanent and of a high quality, all new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan and the Conservation Neighborhood Overlay requirements.
24.10.627 PRINCIPAL PERMITTED USES.
1. The following uses are permitted, subject to a design permit per section 24.08.410, Conservation Overlay District (Section 24.10.4000) and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
b. Single-family and duplexes (800, 810);
c. Storage and equipment structures, if ancillary to principal residential use; d. Small and large family daycare homes in residential units.
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e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings; f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; g. Supportive and transitional housing in single-family home or duplex.
24.10.628 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410, as well as other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Small community care residential facilities.
b. Temporary structures and uses.
c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9. (300c)
b. Community care facilities. (850e)
c. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)
d. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570) e. Retirement homes or centers. (850b)
f. Supportive and transitional housing, three units or more.
24.10.630 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
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24.10.632 DISTRICT REGULATIONS.
1. General.
Dwelling Unit Type
Provision 1-Family
Detached Duplex Triplex 4 or More Units
Other
Uses
a. Height of buildings
• Principal (feet) 22 22 22 30 30
• Accessory (stories and feet) 1 and 15 1 and
15 1 and
15 1 and 15 1 and
15 b. Minimum lot area (net) (square
feet)
3,000 3,600 7,200 8,000 8,000
c. Minimum lot area (net) per
dwelling unit (square feet)
– 1,800 1,600 1,600 –
d. Minimum lot width (feet) 40 40 80 80 80
e. Usable open space per dwelling
unit (square feet)
– 400 400 400 –
Dwelling Units
First Story Second Story Other Uses
f. Front yard (feet) 5* 10* 10*
g. Rear yard (feet) 10 15 15
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.
2. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and one-story accessory buildings, six feet; between accessory buildings, six feet.
3. Other Requirements/Standards:
a. Design: All development is subject to a design permit and must be in compliance with adopted Design Guidelines. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. a.1. New buildings shall employ California Bungalow or Victorian architectural style as a basis for design.
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a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.
a.3. Buildings shall be wood frame construction with horizontal wood siding. a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style. a.5. Roof materials shall be composition or wood shingle. b. Parking: All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-ofway, and meet the requirements of Section 24.12.240, in addition to the following requirements:
b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.
b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet.
b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.
b.4. City parking standard requirements may be reduced in the following manner:
one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:
• at least fifty percent of new units are two bedrooms or more; • for units which meet the city’s definition of “affordable”; and • if development is deemed compatible with surrounding neighborhood. c. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement.
d. Height: Multiple story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques. d.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet, • Second-story elements of buildings must be set back ten feet. e. Landscaping, in compliance with the Design Standards, is required. Landscaping shall be maintained in an attractive condition.
e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.
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e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.
e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.
e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.
4. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060, standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.
In order to ensure safe and sanitary housing and rehabilitation of structures within the RT(D) District, a valid Certificate of Occupancy shall be required for each transfer of the property within the district. Certificates will not be issued for properties with a recorded Notice of Violation. Certificates will be issued when units comply with applicable codes.
Section 18. Part 7E: R-T€ Subdistrict E – Beach Medium/High Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 7E: R-T(E) SUBDISTRICT E – BEACH MEDIUM/HIGH DENSITY RESIDENTIAL
24.10.635 PURPOSE.
The purpose of Subdistrict E is to encourage quality medium and/or high density multifamily residential uses in a manner which promotes excellence in building design, provides for familyoriented development, ensures compatibility with the adjacent conservation overlay zone, and limits the need for parking by encouraging use of alternative means of transportation, including the multi-modal center proposed for the depot site. All new development will be reviewed in compliance with the Beach Flats Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
24.10.636 PRINCIPAL PERMITTED USES.
1. The following uses are permitted and may also require a design permit per section 24.08.410 as well as other requirements of the Municipal Code:
a. Duplex dwellings.
b. Multiple dwellings, townhouse dwelling groups and condominiums. c. Small and large family daycare homes in residential units. d. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
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24.10.637 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 as well as other requirements of the Municipal Code:
a. Educational and cultural institutions.
b. Community care facilities.
c. Single-family dwellings on substandard lots.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit and may also require a design permit as well as other requirements of the Municipal Code:
a. Recreational buildings and community centers.
b. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
c. Public and private commercial parking, subject to landscaping and design standards.
Non-conforming parking lots must be brought into compliance within five years of adoption of this Part 7E.
24.10.638 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.640 DISTRICT REGULATIONS.
These regulations apply to all development within the RTE subdistrict.
1. General.
Dwelling Unit Type Provision Duplex 3+ 7+
Other
Uses
a. Height of buildings
Maximum (feet) 22 22 36 36
b. Minimum lot area (net) (square feet) 3,400 6,800 10,200 10,200 c. Minimum lot area (net) (square feet) per
dwelling unit
1,700 1,450 1,200 –
d. Minimum lot width (feet) 40 65 80 80
e. Open space/dwelling unit (square feet) 400 400 400 –
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Setbacks First Story Second Story Third Story
f. Front yard (feet) 5 10 10*
g. Rear yard (feet) 10 10 10*
h. Side yard, each side (feet) 3 5 5
Total both sides (feet) 6 10 10
* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.
2. Other Requirements/Standards:
a. Setbacks and Height: Multiple-story developments shall minimize scale through upper story setbacks, articulated building elements, and other similar design techniques. a.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet from the property line.
• Second-story elements of buildings must be set back ten feet from the property line.
• For three stories, the height of the building must be contained within the building envelope as shown in the following:
a.2. Multi-story buildings or portions of buildings constructed within thirty feet of the Conservation Overlay District shall step-down toward the conservation neighborhood to transition to the adjacent smaller scale conservation area, and shall be no taller than two stories or twenty-three feet at the mid-point of the roof. b. Design: All development must be in compliance with adopted Design Guidelines.
Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the Design Guidelines. b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that
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emulate the scale, proportions and look of wood, decorative iron and tile details.
Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding.
b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies. Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood). c. Parking: All parking shall be located within the rear or at the rear of main structures.
Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements. c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line. c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet. c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.
c.4. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility, • off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking.
c.5. City parking standard requirements may be reduced in the following manner:
one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:
• at least fifty percent of new units are two bedrooms or more, or • for units which meet the city’s definition of “affordable.” c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.
d. Open Space: Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:
• projects providing at least fifty percent of the development as two bedroom units; • projects providing community facilities such as a community center and/or a childcare facility. e. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
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e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement. e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.
f. Landscaping: Landscaping shall be in compliance with the Design Standards. f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.
f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas at entries and in courtyards and plazas.
f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.
3. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.641 FINDINGS REQUIRED.
Prior to approval of any design permit for development within this district, the following additional findings must be made. The application:
1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to an adjacent Neighborhood Conservation Overlay District; and
2. Shall meet the requirements listed above for the high amenity level of the development, the quality of architecture, and the landscaping.
Section 19. Part 8: C-C Community Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 8: C-C COMMUNITY COMMERCIAL DISTRICT
24.10.700 PURPOSE.
To provide locations throughout the community for a variety of commercial and service uses for residents of the city and the region which promote the policies of the General Plan; to encourage a harmonious mixture of a wide variety of commercial and residential activities including limited industrial uses, if they are compatible and nuisance free. New development including residential units or residential uses within the zone are encouraged to incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal
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Implementation Plan. Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.
24.10.710 PRINCIPAL PERMITTED USES.
The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Auto supply stores (260C);
d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Financial, insurance, real estate offices (420);
f. Financial services (320);
g. Food and beverage stores (except liquor and convenience stores) (240); h. General retail merchandise (drug and department stores) (230); i. Home furnishing stores (270);
j. Medical/health offices (except veterinarians and ambulance services) (410); k. Museums and art galleries (600);
l. Professional/personal service (except contractors’ yards and mortuaries) (310); m. Repairs, alterations and maintenance services for household items (except boat repair) (340);
n. Small preschool/childcare (twelve or fewer) (510A);
o. Specialty retail supply stores (290); except thrift stores (290m); p. Theaters (620);
q. Video rental (650).
RESIDENTIAL USES:
r. Flexible Density Unit (FDU) Housing
s. Mixed residential and commercial/office developments involving allowed commercial uses, on the ground floor and multiple dwellings or condominiums either above the first floor or on the same lot;
t. Multiple dwellings or condominiums when ground-floor units are designed as LiveWork units consistent with Section 24.12.185. 14 and subject to the minimum (net) land area per dwelling unit of the R-M District (830);
u. One- or two-multiple-family units when located above the first floor with no additional parking required (830);
v. Single-room occupancy (SRO) housing (860);
w. Small community care residential facilities;
x. Small and large family daycare homes in residential units; COMMERCIAL USES:
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y. Off-site public/private parking facilities, five or fewer spaces (930); z. Professional offices (400).
aa. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.720 ACCESSORY USES.
Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory Buildings, and Section 24.10.730.
24.10.730 USE PERMIT REQUIREMENT.
The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Community organizations, associations, clubs and meeting halls (570); e. Educational facilities (public/private) (510);
f. Government and public agencies (530);
g. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; h. Thrift stores (290m);
i. Veterinarians (410A);
COMMERCIAL USES:
j. Accessory buildings containing plumbing fixtures subject to provisions of Section
24.12.140;
k. Ambulance services (410B);
l. Auto services and repair subject to performance standards in Section 24.12.900 (350); m. Boat repairs (340D);
n. Building materials/garden supplies (220);
o. Churches (500);
p. Communication and information services (550);
q. Developed parks (710);
r. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
s. Lodging (300);
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t. Motor vehicle dealers and supplies (260);
u. Off-site public/private parking facilities, five or more spaces (930); v. Recycling collection facilities;
w. Temporary structures and uses;
x. Undeveloped parks and open space (700);
y. Utilities and resources (540);
z. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
e. Community care facilities;
COMMERCIAL USES:
f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; g. Contractor/building (310E);
h. Fabricated metal products (manufacturing) (150);
i. Fabricated wire products (manufacturing) (155A);
j. Food and beverage preparation (manufacturing) (100); k. Furniture and fixtures (manufacturing) (120);
l. Hospitals (520);
m. Laboratory research experimentation, testing, software development; n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; o. Local/interurban passenger transit (bus, cab) (560B); p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
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s. Rental services (360);
t. Solar equipment (manufacturing) (155C);
u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
v. Stone, clay, glass products (manufacturing) (140);
w. Storage and warehouse when connected with permitted use (330); x. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
y. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
24.10.740 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.750 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Commercial-Only
(stories and feet)
3 & 40
• Residential-Only
(stories and feet)
3 & 40
• Additional height for
Mixed Use with ground
floor retail (stories and
feet)
0 & 5
• Additional height for
volumetric modular,
0 & 2 + (1 per
residential
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Provisions Requirement
factory-built housing
(stories and feet)
story)
• Accessory 1 & 20
b. Lot Area – Minimum
(net) (sq. ft.)
5,000
c. Setbacks
• Front-yard 0
**
• Rear-yard 0
*
• Interior 0
*
• Exterior 0
*, **
d. Open space per unit
(residential only)
• Private (sq. ft.) 40
• Common (sq. ft.) and
easily accessible to
residential units
80 e. Distance between
buildings on same lot
10 * Except where yard abuts an R-District, then not
less than the minimum yard required for the adjacent
yard in the said R-District, subject also to the
requirements of Section 24.12.185.10 as applicable.
** Except where special street setback
requirements for designated streets apply, then the
setback shall not be less than the minimum setback
listed in Section 24.12.115 for affected street.
2. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator, or within an outdoor extension area approved pursuant to Section 24.12.192.
b. Other regulations which may be applicable to site design and this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either
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a. Uses for Active Frontage as listed in the allowed uses for the zone along a minimum of 50% of the length of the site frontage; or
b. Where exclusively residential development is proposed, all ground floor units at the primary site frontage shall be developed as live-work units as defined in 24.12.185.14.
Section 20. Part 9: MU-M Mixed-Use Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 9: MU-M MIXED-USE MEDIUM DENSITY DISTRICT
* Editor’s Note: Former Part 9, previously codified herein was repealed in its entirety by Ord. 94-33 § 34.
24.10.800 PURPOSE.
To promote the development of a harmonious mixture of a wide variety of commercial activities including limited industrial uses, if they are compatible and nuisance free, in conjunction with condominiums and apartments; to stabilize and protect the commercial characteristics of the district; and to promote a walkable, dynamic, and efficient environment for residents, businesses, and workers. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 for design standards.
24.10.801 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
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8. Home furnishing stores (270);
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
RESIDENTIAL USES:
16. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
17. Single-Room Occupancy (SRO) Housing (860)
18. Flexible Density Units (FDU) Housing
19. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
20. Small and large family daycare homes in residential units.
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
22. Supportive and transitional housing.
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
COMMERCIAL USES:
24. Professional offices (400);
25. Communication and information services (550);
26. Community organizations, associations, clubs and meeting halls (570);
27. Educational facilities (public/private) (510);
28. Government and public agencies (530);
29. Houses of worship/religious facilities (500);
30. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.802 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE:
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a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted;
h. Temporary structures and uses;
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls;
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h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
24.10.803 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.804 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
40.155
Provisions Requirement
Maximum
• Commercial-only
(stories and feet)
3 & 40
• Mixed use (stories and
feet)
4 & 45
• Additional height for
volumetric modular,
factory-built housing
(stories and feet)
0 & 2 + (1 per
residential
story)
• Accessory 1 & 20
b. Lot Area for creating
new parcels – Minimum
(net) (sq. ft.)
4500
c. Floor Area Ratio,
minimum to maximum
0.75 to 1.75
d. Required lot area per
dwelling unit
1,452 (no
requirement
for 1-
bedroom/studi
os/
SROs/FDUs)
e. Setbacks
• Front-yard 0
**
• Rear-yard 15*
• Interior Side 0
*
• Exterior Side 8
*, **
f. Open space per unit
(residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and
accessible to residential
units
80 40.156
Provisions Requirement
g. Distance between
buildings on same lot
10 * Where a Mixed-Use District abuts a residential
district, the setbacks for the first three stories
shall be as listed, or as required for the adjacent
residential district, whichever is greater. When
mixed-use development is proposed, above three
stories or 35 feet (whichever is less), a
neighborhood transition plane at 45 degrees shall
apply per 24.12.185.
** Except where special street setback
requirements for designated streets apply, then
the setback shall not be less than the minimum
setback listed in Section 24.12.115 for affected
street.
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy the site frontage to the dimensions required by Section 24.12.185.
4. Residential units shall not be located on a street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.
5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.805 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for residential units may also be counted toward required commercial parking.
Section 21. Part 9B: MU-OM Mixed-Use Ocean Street Medium Density District of Chapter
24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM DENSITY DISTRICT
24.10.820 PURPOSE.
40.157
To encourage high-quality neighborhood-and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments to promote a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.10.821 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
8. Home furnishing stores (270);
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
RESIDENTIAL USES:
16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).
17. Flexible Density Units (FDU) Housing
18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)
19. Single-Room Occupancy (SRO) Housing (860)
40.158
20. Small and large family daycare homes in residential units.
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.
22. Supportive and transitional housing.
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
COMMERCIAL USES:
24. Communication and information services (550);
25. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
28. Houses of worship/religious facilities (500);
29. Lodging (300);
30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.822 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
COMMERCIAL USES:
40.159
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330);
40.160
y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
24.10.823 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.824 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Commercial-only
(stories and feet)
3 & 45
• Mixed use (stories and
feet)
3 & 40
• Additional height for
volumetric modular,
factory-built housing
(stories and feet)
0 & 2 + (1 per
residential
story)
• Accessory 1 & 20
b. Height of buildings –
Minimum
• Commercial or Mixed
Use
1 &16
• Accessory No Minimum
40.161
Provisions Requirement
c. Floor Area Ratio,
minimum to maximum
0.75 to 1.75
d. Lot Area for creating
new parcels – Minimum
(net) (sq. ft.)
4000
e. Required lot area per
dwelling unit
1,452 (no
requirement
for 1-
bedroom/studi
os/
SROs/FDUs)
f. Setbacks
• Front-yard 0
**
• Rear-yard 1
*
• Interior 0
*
• Exterior 8
*, **
g. Open space per unit
(residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and
easily accessible to
residential units
80 h. Distance between
buildings on same lot
10 * Where a Mixed-Use District abuts a
residential district, the setbacks for the first
three stories shall be as listed, or as required for
the adjacent residential district, whichever is
greater. When mixed-use development is
proposed, above three stories or 35 feet
(whichever is less), a neighborhood transition
plane at 45 degrees shall apply per 24.12.185.
** Except where special street setback
requirements for designated streets apply, then
the setback shall not be less than the minimum
setback listed in Section 24.12.115 for affected
street.
40.162
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section
24.12.185.
4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed-use building occupies the Ocean Street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.
5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.825 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.
Section 22. Part 9C: MU-OH Mixed-Use Ocean Street High Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH DENSITY DISTRICT
24.10.830 PURPOSE.
To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments within larger buildings oriented toward Ocean Street and Broadway, and using building height and massing to create a sense of place, while promoting a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.
24.10.831 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
40.163
The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
4. Financial, insurance, real estate offices (420);
5. Financial services (320);
6. Food and beverage stores (except liquor and convenience stores) (240);
7. General retail merchandise (drug and department stores) (230);
8. Home furnishing stores (270);
9. Medical/health offices (except veterinarians and ambulance services) (410);
10. Museums and art galleries (600);
11. Professional/personal service (except contractors’ yards and mortuaries) (310);
12. Repairs, alterations and maintenance services for household items (except boat repair) (340);
13. Small preschool/childcare (twelve or fewer) (510A);
14. Specialty retail supply stores (290); except thrift stores (290m);
15. Theaters (620);
RESIDENTIAL USES:
16. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
17. Flexible Density Units (FDU) Housing;
18. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840);
19. Single-Room Occupancy (SRO) Housing (860);
20. Small and large family daycare homes in residential units;
21. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot:
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160,
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings;
22. Supportive and transitional housing;
23. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, however accessory dwelling units shall not be subject to approval of a design permit.
40.164
COMMERCIAL USES:
24. Communication and information services (550);
25. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
28. Houses of worship/religious facilities (500);
29. Lodging (300);
30. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
32. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.832 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses.
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
40.165
USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
24.10.833 USE DETERMINATION.
40.166
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing principal permitted uses, and which will not impair the present or potential use of adjacent properties, shall be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.834 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Commercial-only (stories
and feet)
4 & 55
• Mixed use (stories and feet) 4 & 50
• Additional height for
volumetric modular, factorybuilt housing (stories and
feet)
0 & 2 + (1 per
residential
story)
• Accessory 1 & 20
b. Height of buildings –
Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum
to maximum
0.75 to 1.75
d. Lot Area for creating new
parcels – Minimum (net) (sq.
ft.)
4000
e. Required lot area per
dwelling unit
1,452 (no
requirement for
1-
bedroom/studios
/ SROs/FDUs)
40.167
Provisions Requirement
f. Setbacks
• Front-yard 0
**
• Rear-yard 10*
• Interior 0
*
• Exterior 8
*, **
g. Open space per unit
(residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily
accessible to residential units
80 h. Distance between buildings
on same lot
10 * Where a Mixed-Use District abuts a residential
district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is
proposed, above three stories or 35 feet (whichever is
less), a neighborhood transition plane at 45 degrees
shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.
3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section
24.12.185.
4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.
5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.
40.168
6. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
24.10.835 PARKING.
Off-street parking requirements must be fulfilled in accordance with the provisions of Chapter 24.12 Part 3, Off-Street Parking and Loading Facilities. Guest parking spaces required for the residential units may also be counted toward required commercial parking.
Section 23. Part 11: C-N Neighborhood Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 11: C-N NEIGHBORHOOD COMMERCIAL DISTRICT
24.10.1000 PURPOSE.
To provide commercial and service uses near residential areas for the convenience of local residents. Uses aimed at nearby customers may not require typical development standards such as vehicular parking. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.1010 PRINCIPAL PERMITTED USES.
1. The following uses are allowed outright, subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Eating and drinking establishments (except bars and fast-food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); b. Financial, insurance, real estate offices (420);
c. Food, beverage stores (except liquor and convenience stores) (240); d. Hardware stores (indoor sales only) (220A);
e. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410); f. Professional/personal service (except contractors yards and mortuaries) (310); RESIDENTIAL USES:
g. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);
h. Small and large family daycare homes in residential units;
40.169
i. Multiple dwellings and condominiums, when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
COMMERCIAL USES:
j. Financial services (320);
k. Off-site public/private parking facilities five or fewer spaces (930); l. Professional offices (400);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
24.10.1020 ACCESSORY USES.
Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1030.
24.10.1030 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance studios and schools (610);
b. Apparel and accessory stores (250);
c. General retail merchandise (drug and department stores) (230); d. Government and public agencies (530);
e. Preschools/childcare (twelve or fewer) (510A);
f. Home furnishings (270);
g. Repair, alteration, maintenance services for household items (except boat repairs) (340);
h. Specialty retail supply stores (290);
i. Veterinarians (410A);
RESIDENTIAL USES:
j. Small community care residential facilities;
COMMERCIAL USES:
k. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
l. Auto supply stores (260C);
m. Churches (500);
n. Community organizations, associations, clubs and meeting halls (570); o. Educational facilities (public/private) (510);
p. Parks and open spaces (700);
40.170
q. Recycling collection facilities;
r. Temporary structures and uses;
s. Video rental (650);
t. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); b. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; c. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); d. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; RESIDENTIAL USES:
e. Community care facilities;
f. Community care residential facilities;
COMMERCIAL USES:
g. Auto services and repair, subject to performance standards in Section 24.12.900 (350); h. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
k. Storage and warehouses with permitted retail (330).
24.10.1040 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.1050 DISTRICT REGULATIONS.
1. General.
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Provisions Requirement
a. Height of buildings –
Maximum
• Commercial and mixed use
(stories and feet)
2 & 30
• Accessory (stories and feet) 1 & 15
b. Minimum Lot Area (net)
(sq. ft.)
• Commercial or residential 5,000
• Mixed use 8,000
c. Setbacks
• Front (feet) 10*, **
• Rear (feet) 0
*
• Side
• Interior 0
*
• Exterior 10
d. Open space per unit
(Residential only)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily
accessible to residential units
80 e. Distance between buildings
on same lot (feet)
10 * Except where abutting an R-District, then not less than the minimum yard required for the adjacent yard
in the said R-District.
** Except where special street setback requirements
for designated streets apply, then the setback shall be added to the minimum setback listed in
Section 24.12.115 for affected streets.
2. Additional Setback Requirement. In any C-N District directly across a street or thoroughfare, not including a freeway, from any R- District, parking and loading facilities shall be at least ten feet distant from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.
3. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for parking facilities, or other outdoor uses when appropriately screened and as approved by
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the zoning administrator, or within an outdoor extension area approved pursuant to Section
24.12.192.
b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
Section 24. Part 12: C-B Beach Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 12: C-B BEACH COMMERCIAL DISTRICT
24.10.1100 PURPOSE.
To provide for commercial uses which are primarily coastal-dependent in nature and which serve tourists and visitors to the Santa Cruz coastal recreational areas. Also, to provide commodities and services to residents of such areas. The C-B District shall be applied only in areas designated in the General Plan and the Local Coastal Program. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.1110 PRINCIPAL PERMITTED USES.
1. The following uses are allowed outright, subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Food and beverage stores (except convenience/liquor stores) (240); f. General merchandise (drug and department stores) (230); g. Handicraft shops and workshops;
h. Museums and art galleries (600);
i. Personal/professional services (except contractors’ yards and mortuaries) (310); j. Specialty retail supply stores (290); except thrift stores (290m); RESIDENTIAL USES:
k. One or two multiple-family units when located above the first floor with no additional parking required (830);
l. Small and large family daycare homes in residential units; m. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and multiple dwellings or condominiums either on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
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COMMERCIAL USES:
n. Financial, insurance, real estate offices above first floor (420); o. Lodging (300);
p. Marine facilities (560E);
q. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;
r. Off-site public/private parking facilities, five or fewer spaces (930); s. Professional offices above first floor (400);
t. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
u. Theaters (620);
v. Video rental (650);
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.1120 ACCESSORY USES.
Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1130.
24.10.1130 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); b. Educational facilities (public/private) (510);
c. Fish/seafood/wholesale (200F);
d. Home furnishings (270B);
e. Thrift stores (290m);
f. Professional offices associated with a visitor-serving use; COMMERCIAL USES:
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
h. Community organizations, associations, clubs and meeting halls (570); i. Churches (500);
j. Financial services (320);
k. Government and public agencies (530);
l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
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p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; b. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
c. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
RESIDENTIAL USES:
d. Group quarters (850);
COMMERCIAL USES:
e. Off-site public/private parking facilities, five or more spaces (930); f. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.
24.10.1140 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.1150 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of Building – Maximum
• Commercial and
Mixed Use (stories and
feet)
3 & 40
• Accessory 1 & 20
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Provisions Requirement
b. Lot area minimum (net) (square feet)
• Commercial or
residential
5,000
• Mixed Use 8,000
c. Setbacks
• Front yard 0
**
• Rear yard 0
*
Side yard
• Interior 0
1 • Exterior 0
*, **
d. Open Space Per Unit (Residential Only)
• Private (square feet) 40
• Common (square feet)
and easily accessible to
residential units
80 e. Distance between
buildings on same lot
10 * Except where abutting an R-District, then not
less than the minimum yard required for the
adjacent yard in the said R-District.
** Except where special street setback
requirements for designated streets apply, then
the setback shall not be less than the minimum
setback listed in Section 24.12.115 for affected
streets.
2. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator.
3. The following regulations are applicable to site design in the CB Zone north of Beach Street as set forth in General Site Design Standards, Part 2, Chapter 24.12, and the following:
a. Height:
a.1. Maximum Building Height: Maximum building height shall be thirty-six feet.
Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians.
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• Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to Design Permit review. a.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.
b. Design: All development must be in compliance with adopted Design Guidelines.
Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. Fantasy Victorian is encouraged for recreational and entertainment development.
b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. b.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.
b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. c. Siting:
c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
d. Accessibility:
d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
d.2. Access must be aesthetically integrated within the development. e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and
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other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
f. Parking:
f.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.
f.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements. • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.
f.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
f.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. f.5. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or • the development identifies and develops a suitable permanent parking facility; or • the development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
g. Landscaping:
g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition. g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. h. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following:
carpooling requirements, transit subsidies, employee shuttle service, and/or • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.
4. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage.
5. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.
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24.10.1160 FINDINGS REQUIRED.
In addition to required use and design permit findings, any development permit must also meet the following findings. The proposed project:
1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTC and RTE neighborhoods; and
2. Shall provide the amenity level of the development, the quality of architecture, and the landscaping to meet the requirements listed above.
3. Shall be found to contribute to the overall economic health, vitality and general mix of uses in the beach area by providing diverse retail and merchandising for the area.
Section 25. Part 13: P-A Professional and Administrative Office District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 13: P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT* * Editor’s Note: Former Part 13, C-H Heavy Commercial District, previously codified herein and containing portions of Ords. 87-22 and 88-26 was repealed in its entirety by Ord. 93-21 § 8, 5-25-93.
24.10.1200 PURPOSE.
To provide a district for business and professional offices. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage.
Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.
24.10.1210 PRINCIPAL PERMITTED USES.
1. The following uses are allowed outright if a design permit is obtained for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
c. Professional offices (400);
d. Professional/personal services (except contractors’ yards and mortuaries) (310); e. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); f. Museums and art galleries (600);
RESIDENTIAL USES:
g. Duplexes together with an allowed commercial use (820);
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h. Multiple dwellings and condominiums, together with an allowed commercial use and subject to minimum land area requirements of R-M District (830); i. One to two units above ground floor office use with no additional parking required (810);
j. Small and large family daycare homes in residential units.
COMMERCIAL USES:
k. Off-site parking fewer than five spaces (930);
l. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
24.10.1220 ACCESSORY USES.
Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1230.
24.10.1230 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance studios and schools (610);
b. Churches (500);
c. Communication and information services (550);
d. Community organizations, associations, clubs and meeting halls (570); e. Educational facilities (public/private) (510);
f. Government and public agencies (530);
g. Veterinarians (410A);
RESIDENTIAL USES:
h. Mobilehomes if lot area cannot accommodate multifamily (870); i. Single-family residences if lot area cannot accommodate multifamily (810); COMMERCIAL USES:
j. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
k. Off-site public/private parking facilities, five or more spaces (930); l. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses
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within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
COMMERCIAL USES:
a. Community care facilities;
b. Community care residential facilities;
c. Hospitals (520);
d. Mortuaries (310I);
e. Emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m. (410B).
24.10.1240 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.1250 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and feet) 2 & 25
• Accessory (stories and feet) 1 & 15
b. Minimum lot area (net) (sq.
ft.)
5,000
c. Front yard (feet) 10*
d. Rear yard (feet) 5
**
e. Side yard
• Interior (feet) 0
**
• Exterior (feet) 10*
f. Distance between buildings
on same lot (feet)
10 * Except that the front yard and the exterior side yard may be reduced to not less than six (6) feet, for a portion not to exceed fifty (50%) percent of the building
frontage, and providing that a total of ten (10) square feet of front yard is provided for each lineal foot of total
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Provisions Requirement
lot frontage.
** Except where abutting an R- District, then not less than the minimum yard required for the adjacent yard in the RDistrict.
2. Additional Setback Requirement. In any P-A District, directly across a street or thoroughfare, not including a freeway, from any R- District, parking and loading facilities shall be distant at least ten feet from the property line and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.
3. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
Section 26. Section 24.10.1320 – Use Determination of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.1320 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties and are consistent with the policies of the Port District Master Plan and the Local Coastal Land Use Plan, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 27. Part 16: General Industrial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.1500 PURPOSE.
To encourage sound industrial development by providing and protecting an environment for such development, subject to regulations necessary to ensure the purity of the land, air, and waters in Santa Cruz County, and the protection of nearby residential, commercial, and industrial uses of the land from hazards, noise, and other disturbances. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.
24.10.1505 PRINCIPAL PERMITTED USES.
1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
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a. Acting/art/music/dance schools and studios (610);
b. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; c. Financial, insurance, real estate offices (420);
d. Food and beverage preparation (100);
e. Furniture and fixtures (120);
f. Laboratories and related facilities for research, experimentation, testing, film processing, software development, including cannabis testing; g. Medical/health offices/laboratories (410);
h. Millwork textile products (105);
i. Printing and publishing or lithographic shops and plants; j. Professional offices (400);
k. Professional/personal service (except mortuaries) (310); l. Rental service (360);
m. Repair, alterations, maintenance (except boat repairs) (340); n. Small and large family daycare homes in residential units; o. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices if operated in an area no greater than three thousand square feet, and no hazardous materials are used during the operation; p. Storage warehousing (330);
q. Wholesale trade durable goods (210);
r. Wholesale trade nondurable goods (200).
24.10.1510 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
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g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Group quarters (850);
d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
f. Paper and allied products subject to performance standards (125);
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g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter
24.12 (720);
h. Primary metals and material subject to performance standards (145); i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
j. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed-use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed-use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.
24.10.1520 ACCESSORY USES.
Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.
24.10.1525 PROHIBITED USES.
1. Any manufacturing use involving the primary production of products from new materials found to be incompatible with the neighborhood or the city as a whole based on noise, odor, air quality or other adverse environmental impact shall be prohibited.
2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.
3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.
24.10.1530 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit
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shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.1540 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Principal (feet) 50
• Accessory (feet) 25
b. Minimum lot area (net)
(sq. ft.) 20,000
c. Front yard (feet) 20
d. Rear yard (feet) 10**
e. Side yard
• Interior (feet) 0
*
• Exterior (feet) 10
f. Distance between
buildings on same lot (feet) 10
g. Lot coverage –
Maximum (percent) 80**
* Except where abutting the boundary of any
other zoning district, then not less than the
minimum yard required for the adjacent yard in
said abutting zoning district.
** Up to an additional five percent of surfaced
area may be installed if that area serves as a
usable outdoor employee amenity such as
recreation or eating facilities, children’s play area
or similar features.
2. Additional Setback Requirement. In any I-G District directly across a street or thoroughfare, not including a freeway, from any R- District, parking and loading facilities shall be at least ten feet distant from the property line, and buildings and structures at least twenty feet from the street; said setback space shall be permanently landscaped.
3. Other Requirements.
a. All uses shall be conducted wholly within a completely enclosed building, except for service stations and parking facilities, or other outdoor uses when appropriately screened and as approved by the zoning administrator.
b. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
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Section 28. Part 16B: IG/PER-2: General Industrial District/Performance District of Chapter
24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added under Part 16B of Chapter 24.10 as follows:
24.10.1600 PURPOSE.
The purpose of this General Industrial Performance District is to modify the normal general industrial land use classifications to provide for and encourage appropriate uses for economic development of the Westside industrial lands.
24.10.1605 PRINCIPAL PERMITTED USES.
1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Acting/art/music/dance schools and studios (610);
b. Adult school/work force training (510F);
c. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; d. Communication and information services (550);
e. Financial, insurance, real estate offices (420);
f. Fabricated metal products (150);
g. Food and beverage preparation and production (100);
h. Furniture and fixtures (120);
i. Medical/health offices/laboratories, including cannabis testing (410); j. Millwork textile products (105);
k. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
l. Primary metals and material subject to performance standards (145); m. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
n. Printing and publishing or lithographic shops and plants; o. Professional offices (400);
p. Professional/personal service (except mortuaries) (310); q. Rental service (360);
r. Repair, alterations, maintenance (including boat repairs) (340); s. Small and large family daycare homes in residential units; t. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices;
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u. Stone, clay, glass design and production (140);
v. Storage warehousing (330);
w. Technology related research and development facilities and products; x. Wholesale trade durable goods (210);
y. Wholesale trade nondurable goods (200).
24.10.1610 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
h. Forestry services (010);
i. Leather tanning (110);
j. Off-site public/private parking facilities, five or more spaces (930); k. Temporary structures;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square
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feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Food and beverage stores (except liquor and convenience stores) (240); d. Government and public agencies (530);
e. Group quarters (850);
f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
i. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed-use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed-use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; j. Transportation facilities (560).
24.10.1615 ACCESSORY USES.
1. Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.
2. Incidental retail sales unrelated to cannabis are a permitted use if:
a. The incidental retail sales are directly related to and supportive of a permitted or conditionally permitted use operating on the site; and
b. The incidental retail sales area occupies no more than twenty percent of the gross building floor area used or one thousand square feet, whichever is less, and occupied by the permitted or conditionally permitted use; and
c. The incidental retail sales have hours of operation similar to or less than the related permitted or conditionally permitted use except that the hours should not exceed 8:00 a.m. to 10:00 p.m.
24.10.1620 PROHIBITED USES.
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1. Any manufacturing use involving the primary production of products from new materials found to be incompatible with the neighborhood or the city as a whole based on noise, odor, air quality or other adverse environmental impact shall be prohibited.
2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.
3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.
24.10.1630 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 29. Section 24.10.1780 – Use Determination of Part 18B: P-F Public Facilities District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.1780 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 30. Part 19: E-A: Exclusive Agriculture of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
Part 19: E-A EXCLUSIVE AGRICULTURAL DISTRICT
24.10.1800 PURPOSE.
To preserve in agricultural use land presently best suited to that use, and intended for eventual development in other uses pending proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development will occur. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
24.10.1810 PRINCIPAL PERMITTED USES.
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1. Agriculture, as defined herein;
2. Animal farm;
3. Crop and tree farming;
4. Ranch and farm dwellings incidental to a principal agricultural use;
5. Stables, barns, silos, and windmills.
24.10.1820 ACCESSORY USES.
1. Customary incidental home occupations, as provided in Section 24.10.160 herein;
2. Guest houses and guest rooms;
3. Living quarters for persons regularly employed on the premises, but not including labor supply camps;
4. Offices incidental and necessary to the conduct of a permitted use;
5. Roadside stands, not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises;
6. The providing of board and room for not more than five paying guests;
7. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1830.
24.10.1830 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Daycare (other than family daycare homes;
b. Eating and drinking establishments;
c. Foster family homes;
d. Guest ranches;
e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures;
g. Veterinary hospitals and clinics;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part
15. 2. The following uses are subject to approval of a special use permit and a design permit:
a. Agricultural processing plant;
b. Group care homes;
c. Helipads;
d. Institutions for children or the aged;
e. Kennels and riding stables;
f. Off-street parking facilities serving commercial districts within three hundred feet of the site;
g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities;
h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs;
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i. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps.
24.10.1840 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
24.10.1850 DISTRICT REGULATIONS.
1. General.
Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and feet) 3 & 50
• Accessory (stories and feet) 2 & 25
b. Minimum lot area (net)
(acres) 20
c. Lot width (feet) 500
d. Front yard (feet) 50
e. Rear yard (feet) 50
f. One side yard (feet) 20
g. Both side yards – total (feet) 50
h. Distance between buildings
on same lot (feet) 20
2. Other Requirements. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
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Section 31. Section 24.10.1920 – Use Permit Requirement of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.1920 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Beach, surfing and fishing equipment;
b. Fish market;
c. Identification signs, appurtenant to uses permitted on the premises; d. Navigation aids and devices not involving the erection of a structure; e. Walls or fences, not to exceed three and one-half feet in height; f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit:
a. Navigation aids and devices involving the erection of a structure; b. Public restroom facilities;
c. Temporary structures.
Section 32. Section 24.10.1930 – Use Determination of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.1930 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 33. Section 24.10.2030 – Use Permit Requirement of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.2030 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Ranch and farm dwellings incidental to a principal agricultural use. b. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
2. The following uses are subject to approval of a special use permit and a design permit:
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a. Recreational facilities, bridges, roads, utility transmission lines; b. Riding stables for the keeping of horses on sites at least five acres in size.
Section 34. Section 24.10.2040 – Use Determination of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.2040 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 35. Section 24.10.2375 – Use Determination of Part 24(A): CBD Subdistrict E – Lower Pacific Avenue of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.2375 USE DETERMINATION.
Any other use or service establishment determined by the zoning administrator to be of the same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.
Section 36. Section 24.10.2385 – Lower Pacific Avenue Design Guidelines of Part 24(A): CBD Subdistrict E – Lower Pacific Avenue of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.10.2385 LOWER PACIFIC AVENUE DESIGN GUIDELINES.
1. Store Front Treatment. The ground-level treatment of buildings and parking structures within the Lower Pacific Avenue subarea should generally comply with the guidelines for the Pacific Avenue retail subarea listed on pages 41-45 of the Downtown Plan, in terms of:
storefront access, transparency, and variation; and the use of landscaping, awnings, and canopies.
However, it is recognized that the Lower Pacific Avenue subarea has a more informal character than Pacific Avenues, and as such, more variation of ground-level treatment is envisioned and encouraged. The use of porches and terraced gardens as an intermediate space between the
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ground floor use and the sidewalk is permitted, as long as the finished floor elevation of the ground floor use is nor more than 4 feet above or below the sidewalk level and accessibility requirements are met.
Section 37. Section 24.12.110 – Setback Requirements Modifications of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.12.110 SETBACK REQUIREMENTS MODIFICATIONS.
1. Front Yards.
a. Where twenty-five percent or more of the lots fronting on any block in the same zone (exclusive of the frontage along the side of a corner lot) have been improved with buildings permitted in said zone and the depth of the front yards on such lots varies not more than ten feet, then the front yard depth required on any lot in said block shall be not less than the median depth of the front yards on the lots on which are located such existing buildings; or b. In any district where the two adjacent lots on either side of a parcel, neither of which is a corner lot and each of which is in the same zone as the center lot, are already improved with uses permitted in the zone, and the average of the front yards of such adjoining lots is less than that required for the zone, then the required front yard depth for the center lot shall not be less than half the sum of the front yard setbacks of the two adjoining lots; or c. Where Section 24.12.185.13 applies, required front yard depth shall not be less than twelve feet measured from back of curb.
2. Corner Lot Yards.
a. Where, on a corner lot, an exterior side yard abuts a front yard of an adjoining lot in an R- District, the corner lot exterior side yard shall have a width of not less than one-half of the required depth of such adjacent front yard.
b. Each corner lot should have one front yard, two side yards, and one rear yard of the depth required by this title. Normally the front yard shall be across the narrow dimension of the lot and the rear yard opposite this; in unusual cases, however, the location and the relationship of such yards to abutting streets and to each other may be determined by the zoning administrator.
c. In any zoning district in which a minimum front yard is established, no obstruction to view between three and one-half feet, and eight feet above grade shall be placed within the clear corner triangle as defined in this title.
3. Double-Frontage Yards. The width of required interior side yard or required rear yard may be reduced or waived when such interior side yard or rear yard abuts an alley or a street (e.g., double-frontage lot), freeway, stream, public utility right-of-way, coastline or other similar feature which precludes or inhibits construction on or development of the property.
4. Lots of Record – Required Yards. In any district for which a minimum lot area is established, a lot of record, as defined in this title, having less than the required area and/or width and/or depth may be used for a use permitted in the district, except as provided in Section 24.10.351.
a. In any district or for any use where side yards are required, the minimum side yard width shall be four feet or ten percent of the lot width, whichever is greater, for the first
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story only. Beyond the first story, the standard side yard setback established in the specific district regulations shall apply.
b. In any district or for any use where a rear yard is required, the depth of the rear yard of any such lot shall be ten feet or twenty percent of the depth of the lot, whichever is greater. c. A single-family dwelling may be constructed on any lot of record, subject to Section 24.10.351. For residential districts other than single-family, the district requirements for minimum lot and land area per dwelling unit shall apply, except as modified by the density bonus provisions of this title.
Section 38. Section 24.12.120 – Projections Into Required Yard Areas, Setbacks, and Easements of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS, SETBACKS AND EASEMENTS.
1. Projections Into Required Yard Areas. The following are permitted projections into required yard areas. Projections shall not be permitted in yards that are less than the minimum established by district regulations except as provided for in subsection (2), or as allowed in certain areas under Section 24.12.185.13.
a. Architectural features such as cornices, canopies, eaves and sills shall be permitted to project into front, rear and side yards two and one-half feet; b. Steps serving the first floor, and bay windows, chimneys, decks, and porches serving the first floor and above may extend into front, rear and exterior side yards one-half of the required yard or six feet, whichever results in a greater setback. For interior side yards, maximum projection is one foot, eight inches unless the projection meets the requirements of subsection (1)(c). Bay window, deck, porch and step projections are permissible in interior side yards on the first floor only. In all cases, no projection or aggregate of projections listed in this subsection shall be more than one-third of the building wall along which it is located;
c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior side yards without restriction; d. Guardrails on decks and porches and handrails on stairs projecting into required yards on the first floor shall be considered fences and shall be governed by Section 24.12.160, with the exception of guardrails and/or handrails required for access to the first floor for the physically challenged;
e. Rain retention systems attached to the main residence may extend into side and rear yards one-half the required yard or six feet, whichever results in the greater setback. For interior side yards, the minimum setback shall be three feet. Such encroachment shall be no higher than six feet from finished grade.
2. Any structure necessary to provide access to the first floor for the physically challenged.
3. Projections into Special Street Setbacks. The following uses are permitted within the special street setbacks established in Section 24.12.115 herein. a. Streetlights, traffic signs and signals and appurtenances necessary to the conduct or operation of a public utility, facility, or purpose;
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b. Fences, walks, hedges, landscaping, outdoor merchandise display, platforms, landings, steps and signs, when constructed or installed so as to have a maximum height of two and one-half feet above curb grade, except as provided for in Section 24.12.120, subsection (3)(d);
c. Unenclosed porches, cornices, canopies, eaves, and similar architectural features and signs when constructed so that the clearance from curb grade to the lowest portion thereof, except supporting members, is at least eight feet; and further provided that no supporting member shall have a cross-section of greater than eight inches, nor be located closer than six feet to another supporting member within the setback area; d. Any structure necessary to provide access to the first floor for the physically challenged.
4. Projections into Easements. No structure or projection thereof may extend into a public utility easement.
Section 39. Section 24.12.125 – Landscaping Requirement of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.12.125 LANDSCAPING REQUIREMENT.
In all districts where yards are required, all portions of each front and exterior side yard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained. Additional landscaping requirements are contained in Section
24.12.185 Objective Design Standards for Multifamily Housing.
Section 40. Section 24.12.127 – Bird Safe Building Design Requirement of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:
24.12.127 BIRD SAFE BUILDING DESIGN REQUIREMENT.
In all districts where new construction or exterior changes to the façade of buildings or structures requiring a Planning Permit are located within 300 feet of any of the following: parcels with a General Plan Land Use Designation of CR, PR, NA, or AG; an open waterway mapped in the City-wide Creeks and Wetlands Management Plan; or any area within 300 feet of undeveloped property likely to provide significant bird habitat, as determined by the Zoning Administrator, proposed buildings or structures shall be designed in a manner consistent with the published Bird Safe Building Design Standards as maintained by the City Planning and Community Development Department and as updated from time to time.
Section 41. Section 24.12.140 – Accessory Buildings of Chapter 24.12 – Community Design is hereby amended as follows:
24.12.140 ACCESSORY BUILDINGS AND STRUCTURES.
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In addition to primary structures, it is often useful and convenient to have accessory buildings and structures to provide storage, allow additional usable indoor or sheltered space, or to perform some other function beyond what is included in the primary structure. These spaces can be provided in a building, defined for the purposes of this section as having a roof and walls, or by another accessory structure such as a pergola or a gazebo. Some spaces, such as children’s play equipment, can be classified as either a building (i.e., enclosed playhouse) or a structure (i.e., swing set). The defining characteristic of these buildings and structures is that they are accessory and subordinate to the primary structure and do not detract from the form and function of the primary structure and are complimentary to its use.
1. Accessory Buildings. Accessory buildings are subject to the regulations and permit requirements of the zoning district in which they are located. Accessory buildings are separate and distinct from accessory dwelling units, which are subject to the regulations in Part 2 of Chapter 24.16.
a. No setback shall be required for an accessory building except as otherwise provided. b. No accessory building shall be located in a front or exterior side yard with the exception of buildings used as children’s play equipment that do not create traffic safety hazards, that are less than fifty square feet in plan area at grade, less than fourteen feet in height, and with minimum setbacks of three feet. Such buildings are exempt from the restrictions in Section
24.12.140. Children’s play structures are defined as structures that are designed, made for, and used by children. The vehicle entry side of a garage or other covered parking may not be located closer than twenty feet from front or exterior side yard lot lines; except that the vehicle entry side of a garage or other covered parking may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation.
c. Accessory buildings that are less than one hundred twenty square feet in floor area are not required to conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.
d. Accessory buildings that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. e. Habitable accessory buildings shall not be located within the front yard nor closer than six feet to the nearest point of the principal building and shall conform to principal building rear and side yard requirements of the district in which they are located. No habitable accessory building shall be used as a separate dwelling unit except accessory dwelling units as described in Part 2 of Chapter 24.16. Guesthouses for nonpaying guests are allowed only if permitted in the zoning district in which they are located. f. Accessory buildings may not cover an area in excess of thirty percent of any required yard setback area for the primary structure. In the coastal zone, standards applicable to accessory dwelling units can be found in Section 24.12.140(10). The footprint of accessory
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dwelling units shall count toward the maximum allowable lot coverage by other accessory structures in yard setback areas; however, the maximum allowable lot coverage does not apply to the accessory dwelling unit itself.
g. An accessory building attached to a main building by a breezeway is not part of the main building.
h. An accessory building may have one sink installed in it if a building permit is obtained.
A property with multiple accessory buildings may have a sink in only one accessory building without approval of an administrative use permit. Any additional plumbing fixtures would require an administrative use permit subject to findings listed in subsection (i) and a building permit for the approved improvements.
i. Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit is approved in accordance with district regulations and all of the following findings are made:
i. The structure and use are subordinate to the principal use; and ii. The purpose of the use is incidental to the principal use; and iii. The use is customarily or reasonably appurtenant to the permitted use; and iv. The structure will not be used as a dwelling unit; and v. A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city. j. In the coastal zone, and in addition to meeting all other applicable requirements (e.g., standards specified in Section 24.16.100 et seq.), ADUs shall meet the following additional standards:
i. ADUs are allowed in any zone that allows residential uses on lots of any size, in conjunction with a proposed or existing residential use, provided they are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable LCP policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, and coastal bluffs. ii. Off-street parking shall be required in compliance with Section 24.12.240(1).
2. Accessory Structures. Accessory structures are subject to the regulations and permit requirements of the zoning district in which they are located. a. Accessory structures above eight feet in height shall not be located in a front or exterior side yard with the exception of entry features as described in Section
24.12.150(a)(3). No accessory structure in the front or exterior side yard may be located within the clear corner triangle as defined in section 24.22.202. Any accessory structures located in the front or exterior side yard must be open in nature and must provide and maintain a minimum of ninety percent visual permeability above the first foot in height.
b. Accessory structures located in the rear or interior sideyard that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. This includes fences within the West Cliff Drive Overlay District that conform to Section 24.12.160.
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c. Children’s play structures that do not create traffic safety hazards, that are less than fifty square feet in plan area, less than fourteen feet in height, and with minimum front setbacks of three feet are exempt from the restrictions in Section 24.12.140. Children’s play structures are defined as structures that are designed for, made for, and used by children.
Section 42. Section 24.12.150 – Height Limits Modifications of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:
24.12.150 HEIGHT LIMITS MODIFICATIONS.
1. The height limitations specified in this title shall not apply to the following uses:
a. Church spires, minarets, belfries, domes;
b. Water, fire observation, and lifeguard towers, chimneys, aids to navigation; c. Buildings and structures intended for agricultural purposes; d. Fire walls, not extending more than four feet above the height of the building; e. Cupolas, scenery lofts, or other unoccupied roof structures for the housing of elevators, stairways, or tanks, tanks no more than twenty feet in height. Such structures must be set back from the edge of the building at a ratio of 1.2 feet horizontal for every 1 foot in height;
f. Ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building, which are screened from the view of a building of equivalent height by a parapet or other architectural screen;
g. Railings, up to forty-eight (48) inches in height, or the height required by building code, whichever is greater, consistent with the requirements in Section 24.12.185 relating to rooftop decks as applicable.