Agenda packet — Santa Cruz City Council, November 15, 2022 (part 3 of 5)

2. The height limitations specified in this title may be exceeded for the following uses, subject to a special use permit:
a. Smokestacks, monuments, flagpoles;
b. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters;
c. Antennas for radio broadcast and receiving, electric power transmission and distribution lines, poles and towers;
d. Wireless telecommunications facilities;
e. Places of public assembly such as places of worship, schools, and other permitted public and semipublic buildings, the principal activities of which are conducted on the ground floor of such buildings; provided, that for each foot by which the height of such buildings exceed the maximum height permitted, the depth or width of the required side and rear yards shall be increased by one foot.

Section 43. Section 24.12.160 – Fencing and Screening 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:

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24.12.160 FENCING AND SCREENING.

1. Fencing. Regulations governing the installation, construction and placement of fences and structures in the nature of fences, including hedges, which exceed height limitations contained herein are set forth in Chapter 24.08, Part 7, Conditional Fence Permit. a. Height Limitations. No person shall erect upon any private property in the city any fence, or structure in the nature of a fence, exceeding the following height limitations:
(1) Within the required front and exterior side yard setback areas established by this title, Chapter 18.04, or other ordinances of the city, fences shall not exceed a height of three feet, six inches from finished grade, except as provided in Chapter 24.08, Part 7; (2) Within the exterior side yard setback established by this title, Chapter 18.04, or other ordinances of the city, fences outside of the front yard setback or in line with the main building frontage, whichever distance is greater, that are set back a minimum of three feet from the exterior side property line shall not exceed a height of six feet from finished grade, except as provided in Chapter 24.08, Part 7. Fences within the exterior side yard setback that are less than three feet from the side property line or within the front setback area shall not exceed a height of three feet, six inches from finished grade. Any yard area between a fence and the sidewalk or property line shall be landscaped and permanently maintained. This landscaping shall not include hedges that are higher than three-and-one-half feet.
(3) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of eight feet from finished grade, with any portion of the fence above six feet consisting of lattice or other similar material that is at least 50% open except as provided in Chapter 24.08, Part 7, with any portion of the fence above six feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque. This maximum fence height does not apply to fences along an alley or the rail trail associated with an Accessory Dwelling Unit, where fences are limited to three feet, six inches along the alley or rail trail unless a conditional fence permit is approved for greater height. (4) Any fence along a property line adjacent to a street, or in the adjacent required setback, except in the clear corner triangle, may include a gate, trellis or other entry feature exceeding the height limit stated in subsections (1)(a)(1) and (2). Such gate, trellis or entry feature shall be limited to ten feet in width and ten feet in height. Only one such gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.
b. Fire Hazard. The erection of any fence which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, or which will interfere with access in case of fire, by the fire department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians shall not be permitted. c. Temporary Fences – Exceptions. Nothing contained in this title shall be deemed to interfere with the erection of temporary fences around construction works, erected or maintained pursuant to Chapter 18.04 and other ordinances of the city. d. Barbed-Wire Fencing. No barbed-wire fences may be constructed, electrified or otherwise, without a conditional fence permit.

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e. Hedges. Hedges or dense planting in the nature of a hedge in excess of three feet, six inches in height shall not be grown or maintained within the required front or exterior side yard setbacks of the zoning district in which the property is located. f. Clear Corner Triangles and Clear Vision Areas. Fences or hedges shall not be greater than, nor allowed to exceed, three feet, six inches in height in the clear corner triangle and the clear vision area as defined in Section 24.22.202.
g. Fences within Watercourse Setback Areas. Fencing within a designated riparian corridor or development setback area of a watercourse shall be consistent with requirements of the watercourse development permit, Section 24.08.2150.

2. Screening.
a. In any nonresidential district adjacent to any R- District, screening between districts shall be provided.
b. All areas of outdoor storage in any commercial or industrial district shall be permanently screened from view from any adjacent street, public way or adjacent private property.

Section 44. Section 24.12.180 – Community Housing Project Requirements 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:

24.12.180 COMMUNITY HOUSING PROJECT REQUIREMENTS.

1. Separate Utilities. A community housing project shall provide for independent services of water, sewer, gas and electricity to each dwelling unit. Separate meters are not required.

2. Off-Street Parking. A community housing project shall provide off-street parking as required by Part 3 of this chapter.

3. Useable Open Space. A community housing project shall provide usable open space in compliance with the requirements of Section 24.12.185 and the underlying zoning district.

4. Storage Area. A community housing project shall provide a minimum of two hundred cubic feet of enclosed storage space within the project capable of being secured by lock or other means for each unit, in addition to kitchen cupboards, clothes and linen closets.

Section 45. Section 24.12.185 – Objective Design Standards for Multifamily Development 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:

24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT.

1. General
a. The purpose of this section is to provide a set of clear, objective, and measurable standards for multi-family and mixed-use residential development that is consistent with the character of Santa Cruz while also ensuring that new housing development is economically feasible.
b. The objective standards in this section relate to building design and site design for new development and redevelopment projects (including all multi-family proposals that meet the definition of demolition in the municipal code).

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c. The regulations in this section shall apply to new development or redevelopment of residential and mixed-use buildings containing two or more dwellings (excluding any ADUs or Jr. ADUs), proposed in the city of Santa Cruz in any zone district other than the Central Business District (CBD) or Central Business District, Subdistrict –E (CBD-E). In some cases, standards apply to some zoning districts and not others; where no specific district is indicated, standards apply to all zoning districts other than the CBD and CBDE.

2. Definitions
For the purposes of interpreting Municipal Code Section 24.12.185 the following definitions shall apply:

Active Uses. Uses that qualify as Uses for Active Frontage are defined in each zone district where standards for site design requires active frontage.

Buffer Landscaping. Landscaping that can be expected to be at least 50 percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of 2 feet or less.

Corridors. Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this document, these roadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.

Live-Work. Live-work is a type of Residential use that also incorporates commercial uses.

The commercial uses allowed in a Live-Work unit are dictated by the uses allowed in the underlying zoning district.

Living Wall. A Living Wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.

Predominant Building Face. Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 1.

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Figure 1: Predominant Building Face
Public Frontage. A frontage that faces a street, public right of way, publicly accessible pedestrian path, or public open space, such as a river levee.

Shielded Luminaire. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest lightemitting part.

Stacked Flats. A multi-family building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 2.

Figure 2: Stacked Flats
Townhomes. A townhome is a multi-family building type that consists of side-by-side units, each standing on a discreet area of land, which may or may not be a separate legal lot, with parking on the ground floor within the building envelope. See Figure 3. This definition shall

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not apply beyond this section of the Municipal Code, and does not supersede the Definition of Dwelling, Townhouse in Section 24.22.318.

Figure 3: Townhomes

3. Maximum Building Length
Goals: To incentivize multi-family buildings that are more affordable by design, and more ‘house-sized' in residential zone districts.
a. In all R-districts and in the R-T (A), R-T(B), R-T(D) and R-T(E) districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions. Where the building façade along the public frontage is no greater than 75 feet in length and where the proposal meets the definition of a stacked flat building type (as opposed to a townhome building type), the parking requirement shall be reduced by half. i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk.

4. Walkability
Goal: To promote pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites.
a. Existing public connections:
i. In all areas of the city, where a project site includes an existing public street, alley, path, paseo, trail, or other public pedestrian connection, this public connection will be maintained or relocated within the project site.
ii. Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable Area Plan, or, in the case where no Area Plan applies, the requirements of Section 24.12.185.14 Ground

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Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20 of the Municipal Code. Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply.

1. Decorative sidewalks may be required based on Area Plan standards. Installation of all sidewalks will be based on the standard details provided by the Department of Public Works.
iii. The total number of connections through the site for cyclists and pedestrians shall not be reduced.

5. New public connections:
a. Where a new public street, alley, path, paseo, trail, or other public pedestrian connection is required by an Area Plan, this connection shall be incorporated into any development or redevelopment proposal for the sites identified by the Area Plan. b. Where the street frontage length of a site exceeds 400 feet along a single roadway, and there is not already a public connection required by an Area Plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle 50 percent of the site. See Figure 4. i. Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made.

When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement.

Figure 4: New Public Connections
c. Regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.

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d. All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least 10 feet wide and a minimum of 80 percent open to the sky. Standards for public or private streets shall be met as required by Department of Public Works design guidelines. e. Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any Area Plan, the requirements of Section 24.12.185.14 Ground Floor Design, and the requirements for sidewalk widths as defined in chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.

6. Public Frontages
Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.
a. Where a common Residential lobby is provided, the lobby shall be accessed from a public frontage.
b. In all MU zones, the ground floor along any public frontage shall consist of 100 percent Uses for Active Frontage as allowed in the underlying zone district, with the exception of lobby space subject to the limitations of 24.12.185.6.e. c. In the C-C, R-T(C), C-T, C-N, C-B, PA zones, the ground floor along the public frontage shall consist of no less than 50 percent Uses for Active Frontage as allowed in the underlying zone district.
i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk.

Where required sidewalks are of equal width, this requirement shall apply to all frontages. Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
d. Uses for Active Frontage shall be subject to the following standards:
i. Uses for Active Frontage shall be built to a minimum depth of at least 25 feet as measured perpendicular to the predominant building face, with the exception of areas for building ingress/egress and access to parking or loading areas. If more than one ground floor Active Frontage space is provided, the 25-foot minimum depth shall be applied as an average depth of the total depth of all the Active Frontage spaces along the predominant building face.
ii. Mechanical rooms shall not be placed along the public frontage. Mechanical rooms shall be located adjacent to a driveway or parking area. iii. On lots with multiple public frontages, such as corner lots or double-frontage lots, mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Where required sidewalks are of equal width, mechanical rooms are prohibited along all frontages. Sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters

24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.

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iv. Amenities provided to building residents do not qualify as Uses for Active Frontage unless they are also open and available to the general public. e. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU zones, the ground floor facing a public frontage shall be subject to the following standards:
i. On corner lots, the ground floor shall have 100 percent commercial uses at the corner, extending for at least 30 feet on either side of the corner, or the distance of the frontage of the corner parcel, whichever is less.
ii. Entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage. The following uses are exempt from this requirement:

1. Food and Beverage Stores, Medical/Health Offices

2. Lodging in areas designated MXVC in the 2030 General Plan iii. Residential or Commercial lobbies are limited to a maximum of 30 feet of frontage, unless they are combined with an Active Use, in which case they are limited to 50 feet of frontage.
f. In all R-districts and in the R-T (A), R-T(B), R-T(D) and R-T(E) districts, with the exception of flag-lots, a parcel’s public frontage shall be comprised of ground-floor residential uses that are oriented toward the public frontage. g. Ground floor residential units that face a public frontage shall provide an entry facing toward the public frontage that provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios). h. Entries facing a public frontage shall include a minimum of 48 square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Planning Code Section 24.12.120 for allowed projections into setback areas.)

7. Parking Location and Screening
Goal: To minimize the visual impact of parked cars from sidewalks and streets. a. Off street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12.200 et seq.
b. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot. See Figure 5.

Figure 5: Parking Location

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c. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:
i. Podium parking facing a public frontage shall be wrapped with Uses for Active Frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least 18 feet average, measured on each level perpendicular from the predominant building face. (Also see Sections 24.12.185.13 Corridor Frontage and .14 Ground Floor Design.)
ii. Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage and is setback less than 15 feet from the public right of way, tuck-under parking shall be wrapped with active or residential uses to a depth of at least 18 feet average, measured perpendicular from the predominant building face. See Figure 6. (Also see Sections 24.12.185.13 Corridor Frontage and .14 Ground Floor Design.)
Figure 6: Tuck-Under Parking Screening
d. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except the width of the access, shall be screened by buildings, evergreen buffer landscaping to a minimum depth of 3 feet, or fences that are at least 75 percent opaque. Fences or hedges shall not be greater than, nor allowed to exceed 8 feet in height on an interior side yard or rear yard, or 3.5 feet in height in a front or exterior side yard. (Also see Section

24.12.280.)
e. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area. f. Driveways and approaches shall comply with the standards set forth in Municipal Code Sections 15.20 and 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a Transportation Study.

8. Landscape and Buffering

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Goals: To enhance the urban forest, provide shade for buildings and sidewalks, incorporate landscape, and provide visual buffering into new development in a way that is visually appealing and consistent with the character of Santa Cruz.

In R-districts and in the R-T (A), R-T(B), R-T(D) and R-T(E) districts, the goal of landscape is also to soften the massing of buildings as they front the street. In commercial and mixed-use districts, the goal is also to create a landscaped edge to sidewalks and encourage the incorporation of terraces and balconies for usable outdoor space (livability), architectural interest (modulation), and access to outdoor space for public health and passive cooling (resilience). a. In all R-districts and in the R-T (A), R-T(B), R-T(D) and R-T(E) districts:
i. All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least 75 percent landscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.
ii. Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.
iii. Turf areas shall include no more than 25 percent of the total irrigated area on the site. b. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU zones:
i. All public frontages shall incorporate 12 square feet of planted area for each 30 linear feet of building frontage counted by rounding up to the next increment of planted area. For example, a building with a 31-foot building frontage would incorporate a minimum of 24 square feet of landscaped area (two increments of 12 square feet). ii. This may be provided in small, individual pockets of planting, or in larger planted areas, and must occur within the property line. This standard applies regardless of ground floor use.
iii. A landscaped buffer of at least 5 feet in depth and the length of the property line shall be provided at the rear property line on sites that are 100 feet or greater in depth and abut a residentially zoned parcel at the rear property line. iv. Plants shall be selected to comply with WELO standards found in Chapter 16.16 of the Santa Cruz Municipal Code that are current at the time of design review. v. Street Trees shall be planted in the public right of way, or within 5 feet of the public right of way, at a rate of 1 tree per each 30 feet of site frontage. Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the Parks and Recreation and Public Works Departments, including the Street Tree Master Plan, and the requirements of Municipal Code Sections 13.30,15.20, and 24.12.186 as applicable at the time of design review.
vi. Any plantings or landscaping materials within surface parking areas are required to comply with the City’s Low-Impact Development (LID) standards, Storm Water Best Management Practices, and Storm Water Management Program. c. Refuse/Recycling Storage Facility: Enclosures for refuse bins or dumpsters are required of all new multi-family and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.

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9. Usable Open Space
Goal: To enhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy. a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU districts:
i. At least 40 square feet of private open space and at least 20 square feet of common open space shall be provided per dwelling unit.
ii. Common open space may be substituted for private open space at a ratio of 2:1 (i.e., 80 square feet of common open space may be substituted for 40 square feet of private open space).
b. In all R-districts and in the R-T (A), R-T(B), R-T(D) and R-T(E) districts: the amount of required open space shall be determined by the underlying zone district standard. c. In all districts where residential uses are an allowed use:
i. Private usable open space must be at least 4 feet in any horizontal dimension and common usable open space must be at least 15 feet in any horizontal dimension. ii. There shall be no limit to the percent of the required open space that may be assigned to private balcony or patio areas.
iii. No less than 25 percent of the total common open space area shall be permanently landscaped with live plant material incorporating trees, shrubs, and groundcover. iv. A minimum of three of the following features shall be incorporated into common open spaces and maintained on the site:

1. Fixed or movable seating

2. Picnic-style tables

3. Shade trees (see allowances under 24.22.586, Open Space, Useable) or shaded canopy

4. Community garden

5. Flowering plants

6. Native habitat

7. Play area for pets

8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information

9. Outdoor kitchen equipment or fire pit

10. Children’s play equipment

11. Sports courts

12. Public art or interactive art, such as a life-size chess game, sculpture, or murals

13. Spa, pool, or hot tub
d. Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Municipal Code Section 24.12.150 Height Limits Modifications. e. Up to 30 percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other active use (i.e. not auto or bike parking), which is open to the sky, and is not less than 15 feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.

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10. Neighborhood Transition
Goal: To create a transition between new development and existing neighborhoods, provide privacy for current and future residents, and minimize potential shading on neighboring residents.
a. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU districts: along property lines that abut an R-district:
i. Buildings shall not intercept a 45-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of 35 feet above grade. See Figure 7.

Figure 7: Neighborhood Transition Plane
ii. Private or shared balconies and decks shall not extend into an underlying setback. iii. The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least 3 feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with Lighting requirements of Section 24.12.185.17.

11. Roof Form
Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.
a. Buildings shall be designed with variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every 30 feet of frontage and shall be located within 15 feet of the predominant building face on all building frontages. On Corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 8.
i. Roof form is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 9.

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ii. A change in roof form must be combined with a change in height of at least 3 feet, a horizontal change in plane of at least 4 feet, or a change in roof pitch. See Figure 7 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.
iii. Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least 36 square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size.
iv. Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least 48 square feet in horizontal area. Balconies should also conform to the standards for Useable Open Space in Section 24.12.185.8. v. For the purposes of calculating the number of required roof forms on a building, each increment of 30 feet of building frontage requires an additional roof form, counted by rounding up to the next whole number. For example, a frontage of 31 feet would be required to provide two roof forms. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in 30-foot increments.

Figure 8: Applying Roofline Standards
Figure 9: Roof Forms

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b. Combining Roof Forms
i. The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 10.
ii. Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth. iii. Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. iv. Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms.

Another example is a flat roof on a building that has two bay windows with flat roofs, each at least 36 square feet in area. See Figure 6 for examples. v. For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum 2-foot change in height relative to the adjacent roof form. For buildings that are three stories or taller, the minimum change in height shall be 3 feet. This change in height shall be measured to the top of the parapet, where present. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.

Figure 10: Combining and Counting Roof Forms

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12. Building Modulation
Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
a. Where no other modulation controls apply (e.g., an Area Plan), building faces that are longer than 30 feet wide shall be articulated in one of the following three ways. i. Provide a horizontal change in plane for every 30 feet building face, rounded up to the next whole number (e.g., a frontage of 31 feet would be required to provide two changes in plane). As shown in Figure 11, the change in plane must be at least 4 feet deep and 6 feet wide, and must be open to the sky; or
Figure 11: Building Modulation – Option One
ii. Provide a horizontal change in plane for every 30 feet of building face, rounded up to the nearest whole number (e.g., a building face of 31 feet would be required to provide two changes in plane). As shown in Figure 12, the change in plane must be at least 2 feet deep and 6 feet wide, and be combined with a change in material; or

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Figure 12: Building Modulation – Option Two
iii. Provide a horizontal change in plane at an interval of 50 feet or less. As shown in Figure 13, the change in plane must be at least 6 feet deep and 12 feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent.

Figure 13: Building Modulation – Option Three
b. Building faces that are less than 30 feet wide are not required to have a change in plane incorporated into their design.

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c. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.

13. Corridor Frontage
Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, human-scaled ground floors that promote walkability and provide space for local businesses. a. Unless otherwise dictated by an Area Plan, the ground floor frontage facing a Corridor shall be set back at least 12 feet from the face of the curb. See Figure 14. i. This may be achieved by setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-of-way, except that awnings and balconies at the second story or above may extend into the right of way no more than 3 feet. No projection shall be closer than 8 feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the City Engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.).

1. This setback area shall not be counted toward the requirement to incorporate Uses for Active Frontage, and the area shall be used as a 12-foot-wide sidewalk over at least 80 percent of the frontage.

2. In no case shall the passable sidewalk width be less than 8 feet without approval of an Administrative Use Permit and revocable license as allowed under Municipal Code Section 24.12.192 for Outdoor Extension Areas, in which case the passable sidewalk width shall not be less than 6 feet.

Figure 14: Corridor Frontage

14. Ground Floor Design
Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU districts, commercial ground-floors shall be designed as follows:
i. Minimum ground floor frontage transparency of 70 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.

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ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included.

3. In a commercial space, any mezzanine shall be set back at least 30 feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.
iii. Entries shall be inset from the building face at least 2 feet. b. In the C-C, R-T(C), C-T, C-N, C-B, PA, and C-B zones where residential development is allowed, ground floor residential units shall not occupy more than 50 percent of a public frontage. Residential units on the ground floor may be designed as Live-Work units or may be exclusively residential units.
c. Any Live-Work units shall be designed as follows:
i. Live-Work units are only permitted on the ground floor. ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included.

4. In a Live-Work unit any mezzanine shall be set back at least 18 feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.
iii. Minimum ground floor depth of 18 feet.
iv. Minimum unit/storefront width of 12 feet.
v. Minimum ground floor frontage transparency of 50 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.
vi. Entries shall be inset from the building face at least 2 feet. d. In in the C-C, R-T(C), C-T, C-N, C-B and PA zones where residential units other than Live-Work units are located at the ground floor, the following standards shall apply:
i. Where units are individually accessed, the entry must be set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 15.

1. This may be a setback of the ground floor only, or a setback of the entire building face.

2. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.

3. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:
 An increase in elevation of at least 2 feet;
 A railing or gate;
 Clustered landscaping, as in a hedge or other dense planting, not exceeding 42 inches in height.

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Figure 15: Ground Floor Residential Entry Setback
e. Where a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least 4 feet from the sidewalk; this setback may be reduced to 2 feet if the unit is elevated at least 2 feet above the sidewalk. See Figure 16.
i. This may be a setback of the ground floor only, or of the entire building face. ii. This setback area shall incorporate landscaping or planters.

Figure 16: Ground Floor Residential – Without Individual Access

15. Architectural Detail
Goal: To highlight the prominence of corner buildings along Corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.
a. Buildings that are mixed-use and/or three stories in height or greater shall visually differentiate the ground floor from the floors above by one or more of the following:
i. a change in material; and/or

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ii. a change in plane; and/or
iii. a cornice line, belly band, or similar horizontal element. b. Buildings at the intersection of a Corridor and another street (including another Corridor) shall implement at least one of the following corner features:
i. Increased height of the corner roofline of at least 3 feet above the adjacent roofline; and/or
ii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner. See Figure 17. This may be at the ground floor only, or for the entire height of the building; and/or
Figure 17: Chamfered Corner
c. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 18.

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Figure 18: Public Open Space at Corner
d. Buildings in the C-C, R-T(C), C-T, C-N, C-B, PA and MU zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.
i. Category 1 - Terrace, balcony, or Juliette balcony with a minimum projection of 10 inches and a minimum width of 3 feet (at least one per level; see also Section

24.12.185.10 Neighborhood Transition).
ii. Category 2 - Windows detailed with a lintel, sill, or arch iii. Category 3 - Awnings, louvers, or shutters
iv. Category 4 - Decorative cornice or decorative lighting sconces (see also Section

24.12.185.17 Lighting)
e. Windows shall be inset such that there is at least 2 inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to 3 inches for buildings that include 4 or more stories, for all windows above the ground floor.
f. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of 15 feet.

16. Building Materials
Goal: To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment. a. Building materials shall be selected according to the following criteria:
i. The following materials are acceptable for use on building faces: tile, brick, glass, metal (except as prohibited below) painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined). ii. Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building

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faces. Panels for modular and pre-fabricated construction are allowed (including sandwich panels).
iii. Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section. b. Buildings shall incorporate two or more of the accepted materials listed above or as approved in the design of each building face. No single material may make up more than 85 percent of any building face. This can include materials for building decoration (e.g., awnings, louvers, balconies, cornice lines, or windowsills), but does not include fenestration (glass, frames, or other elements of windows and doors). c. Vinyl windows are prohibited in the following circumstances:
i. Any mixed-use or residential buildings more than three stories in height. ii. On a building face oriented toward a public street other than an alley of a mixed use or residential building three stories in height or less. d. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 19.
e. Living walls shall meet the following standards:
i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
ii. The living wall shall not be located on a north, or north-east-facing building face. iii. The living wall shall include an integrated irrigation system. iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO.
vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.

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Figure 19: Material Application

17. Lighting
Goal: To ensure that public areas of buildings are lit for wayfinding and safety, while minimizing impacts of glare, light trespass, and light pollution in order to help make new development Dark Sky friendly.
a. Individual exterior luminaires shall be shielded to direct light downward and shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
i. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
b. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motiondetecting lights). c. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas. d. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.
e. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any R-district.
f. The height of luminaires shall not exceed 15 feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under F. 3. Architectural Detail.

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g. Building faces shall be illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.

Section 46. Section 24.12.186 – Requirements for Street Trees 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:

24.12.186 REQUIREMENTS FOR STREET TREES.

1. When new development or redevelopment is proposed that triggers the requirement for a sidewalk greater than or equal to seven feet in width based on requirements of Section

24.12.185.12, Section 15.20.060, or any applicable Area Plan, street trees shall be provided by the owner or developer either within the public right-of-way along any site frontage or within five feet any site frontage immediately adjacent to the required public sidewalk. The street trees shall be permanently maintained in the approved location by the owner or successor in interest of the property whose project triggered the tree planting requirement. a. The street trees shall conform to the Public Works Department Tree Planting Details and Tree Sidewalk Program Policy. Except when otherwise provided in those guidelines, the street trees provided shall be a minimum of one tree for each 30 feet of frontage of the property along each street frontage, with any remaining fraction of 10 feet or more of frontage requiring an additional tree. For example, a lot that is no more than 30 feet in width is required to provide a minimum of one street tree, and a lot of 50 feet in width is required to provide a minimum of two street trees.
i. If closer spacing is recommended by an applicable area plan the spacing in the area plan shall govern.
ii. The rates above govern the number of trees to be provided but do not establish a minimum spacing. Trees may be grouped at the recommendation of the Landscape Architect or Project Certified Arborist.
b. The street trees shall conform to all city of Santa Cruz policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy, and all the standards of Chapter 13.30.
i. Planting wells may incorporate alternative technologies to enhance root development and promote tree growth. Where existing soils beyond the tree well are not conducive to tree growth, as determined by the City of Santa Cruz Urban Forester, techniques including but not limited to structural soils and suspended pavement may be conditioned.
c. Street trees newly planted in the public right-of-way or within five feet of the public right-of-way shall not be planted:
i. Within a Clear Vision Area required by the city
ii. Within 3 feet of a parking sign unless the Department of Public Works agrees to relocate the sign at the expense of the project.
iii. Within 5 feet of a gas or water meter, or underground electrical conduit. iv. Within 5 feet of a fire hydrant.
v. Within 10 feet of a sewer lateral.

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vi. Within 10 feet of an electrical utility pole.
vii. Within 10 feet of a driveway.
viii. Within 15 feet of a crosswalk.
ix. Within 20 feet of a traffic signal.
x. Within 15 feet of existing trees unless the location is recommended by a landscape architect or Project Certified Arborist, as approved by the City of Santa Cruz Urban Forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting.
d. Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.
e. Where location criteria eliminate all options for locating the required number of street trees within the public right-of-way or within five feet of the public right-of-way, and utilities cannot be further consolidated to allow for installation of street trees as demonstrated in a landscaping plan, the requirement to provide street trees shall be met in the following alternative method:
i. Incorporation of trees on the development site at a rate of 1.5 trees per 1 street tree that is not provided, with fractional requirements rounded up to the next whole number.

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

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

Section 47. Section 24.12.192 – Outdoor Extension Areas 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:

24.12.192 OUTDOOR EXTENSION AREAS.

The purpose of outdoor extension areas is to enhance streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the public street. These uses include outdoor eating areas, retail areas and landscaping. In this section the term “adjacent business” shall apply to the business using the extension area. If the sidewalk width allows it, the adjacent business may be separated from the extension area by the public walkway. This section is applicable citywide, except for areas within the Downtown Plan which are subject to Section 24.10.2340.

Section 48. Section 24.12.240 – Number of Parking Spaces Required of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

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1. Where the computation of required parking spaces produces a fractional result, fractions of one-half or greater shall require one full parking space.

Use Spaces Required
a. Automobile or machinery sales and service garages 1 for each 400 square feet of floor area
b. Banks without automatic teller machines 1 for each 400 square feet of floor area
c. Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each machine
d. Business and professional offices, excluding medical and dental offices
1 for each 300 square feet of floor
area
e. Billiard parlors 1.5 for each table
f. Community care residential facilities, including, but not limited to: assisted living facilities, children’s
homes, congregate care homes, nursing homes,
residential treatment facilities
1 for every 5 guests, plus 1 for each
employee on the shift with the
maximum number of personnel
g. Houses of worship 1 for each 3.5 seats in the sanctuary h. Dancehalls and assembly halls without fixed seats,
exhibition halls, except assembly rooms in conjunction
with auditoriums
1 for each 3 persons of design
occupancy load
i. Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or manager
j. Funeral homes, mortuaries 1 for each 5 seats of the aggregate number of seats provided in all
assembly rooms
k. Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
l. Hospitals 1 for each bed, plus 1 for each
employee on the shift with the
maximum number of personnel
m. Hotels, motels 1 for each unit intended for separate occupancy, plus 1 for the resident
owner or manager
n. Manufacturing plants, bottling plants, processing
plants, packaging plants, furniture repair
1 for each 500 square feet of floor
area
o. Medical and dental clinics and offices 1 for each 200 square feet of floor area

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Use Spaces Required
p. Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift with the
maximum number of personnel
q. Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square feet of
floor area
r. Physical therapy 1 space per 200 square feet of floor area. In addition, 1 space per 50
square feet of pool (water) area
s. Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including townhouses),
houseboat, duplex, triplex, multiple
mobilehomes, community housing
projects, other multifamily dwelling
units

1.0 1.0 2.0
Community housing projects,
townhouses, and multifamily projects
of 5 units or more
In addition to meeting above
residential parking requirements,
guest parking spaces shall be
provided at a rate 10% of the above
standards. Fractional spaces will be
rounded up to the next whole
number.

Lodging, rooming houses and bedand-breakfast inns2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus
an area of land equal to the required
off-street parking for multifamily
units, not including required open
space, which could be converted to
parking should the retirement center
change to a multifamily residential
use
Small ownership unit (SOU) 1 space for each dwelling unit Single-room occupancy dwelling unit, 0.75 for each dwelling unit

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Use Spaces Required
less than 300 square feet
Single-room occupancy dwelling unit,
300 square feet or more
1 for each dwelling unit
Accessory dwelling unit The parking standards for accessory dwelling units are as follows (these
standards do not affect the amount of
required parking for the primary
residence):

Outside the coastal zone, no offstreet parking shall be required for an ADU and spaces removed to
accommodate an ADU will not
require replacement.

On parcels located inside the coastal
zone and within the designated areas
shown in the LCP Figure “ADU
Parking Required” (which follows
this table), at least one off-street
parking space shall be required for
each ADU, and all off-street parking
requirements associated with all
other residential uses at the site shall
be met on site, including replacement
parking spaces if any are removed to
accommodate an ADU.

On parcels located inside the coastal
zone but not within the designated
areas shown in LCP Figure “ADU
Parking Required” (which follows
this table), zero parking spaces shall
be required for each ADU. When a
garage, carport, or covered parking
structure is demolished in
conjunction with the construction of
an accessory dwelling unit or
converted to an accessory dwelling
unit, those off-street parking spaces
are not required to be replaced. If
other parking areas on a site (e.g., a
driveway or other nonstructural
parking area) are removed to provide
for an ADU, off-street replacement
parking spaces shall be required for
the primary (non-ADU) residential

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Use Spaces Required
use.

Use Spaces Required
t. Restaurants and other establishments selling food
and beverages on the premises (including bars and
nightclubs without live entertainment)
1 for each 120 square feet of floor
area
u. Restaurants with counter and/or take-out service or
drive-in facilities
1 for each 120 square feet of floor
area, plus 1 for each 50 square feet of
floor area devoted to counter/take-out
service
v. Research and development facilities 1 for each 325 square feet of floor area, or 1 for every 2 employees
(maximum shift), whichever is
greater
w. Retail stores, shops, service establishments,
including shopping centers other than furniture and
appliance stores
1 for each 250 square feet of floor
area
x. Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each
10 students
y. Colleges (business, beauty, etc.) and universities 1 for each employee, plus 1 for each 3 students
z. Self-service laundry and drycleaning establishments 1 for each 200 square feet of floor area
aa. Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day
shift
ab. Sports arenas, auditoriums, assembly halls, and
meeting rooms
1 for each 3.5 seats of maximum
seating capacity
ac. Theaters 1 for each 3.5 seats for the first 350
seats; plus 1 for each 5 additional
seats
ad. Tutoring facilities 1 for each 250 square feet of floor area
ae. Wholesale establishments, warehouses, service and
maintenance center, communications equipment
buildings
1 for each 1,000 square feet of floor
area

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Use Spaces Required
af. Recycling collection facilities
• Independent 2 spaces
• In conjunction with other uses that provide required
parking
0 spaces
ag. Unspecified uses of buildings, structures, or
premises
Where the parking requirement for a
particular use is not specifically
established in this section, the
parking requirements for each use
shall be determined by the zoning
administrator, and such
determination shall be based upon the
requirements for similar uses. Public
uses not specifically established in
this section shall meet the parking
requirement as established by the
planning commission. The planning
commission shall take into account
the proposed use and parking
availability in the vicinity of the use.
ah. Uses in Parking District No. 1 (Downtown) Parking shall be provided in conformance with the resolution of
the city council for this district in
effect at the time of submittal of a
complete application.

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2. Covered Parking. All residential development has the option of including covered or enclosed parking, consistent with other zoning standards. No covered or enclosed parking is required for any residential or mixed-use housing unit.

3. Unbundled Parking. All residential development of has the option to rent or sell off-street parking spaces separately from the rental or purchase of dwelling units for the life of the dwelling units, such that potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s). Unbundled parking will qualify for a reduced parking requirement when executed in conformance with the requirements of Section 24.12.290.3(e).

4. The following exceptions may be granted for specific types of residential projects:
a. Exceptions to parking requirements may be granted to publicly subsidized housing units, affordable housing projects, and projects for special needs or senior tenants where such requirements are in conflict with state or federal regulations or funding policies. b. SRO parking requirements may be reduced by one-quarter space for each dwelling unit if the project is either located:
(1) Within one-quarter mile or one thousand three hundred twenty feet of an alternative parking facility and spaces are available and can be committed to residents; or
(2) Within one-quarter mile or one thousand three hundred twenty feet of access to public transportation such as a bus stop.

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c. Parking requirements for mixed use developments in the I-G District, as permitted under Section 24.10.1510(2)(k)(3), may be reduced by a maximum of four-tenths space for each dwelling unit as a part of an on-site shared parking plan. d. In addition to the allowances afforded through accessory dwelling unit regulations in Part 2 of Chapter 24.16, existing covered parking may be converted into additional units if all the requirements for the underlying zoning district can be met and replacement parking can be provided that meets the other parking requirements herein.

5. No more than forty percent of the front setback of a residential property developed with up to four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking. No portion of the front setback of a residential property developed with more than four dwelling units (excluding any ADUS or Jr. ADUs) shall be utilized or developed for parking (See also Section 24.12.185.7). No more than fifty percent of the front setback of a residential property may be paved or covered with any impervious surface.

Section 49. Section 24.12.280 – Design Requirements of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.280 DESIGN REQUIREMENTS.

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

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

2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer.
a. Each standard-size parking space shall be not less than nineteen feet in length by eight and one-half feet in width. Each compact parking space shall be not less than sixteen feet in length by seven and one-half feet in width.

3. Access to Spaces or Facilities.
a. Access to parking facilities shall not be less than twenty feet in width; except as follows:
(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes. (2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.
(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.
(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:
i. That the width is necessary to preserve the open-space character of the area; ii. That the width contributes to the compatible use of open-space lands. (5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use. b. Backing Out.
(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley. (2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street. (3) Dimensions. Public and private parking facilities shall provide at least twentyfour feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-fivedegree parking is used, and at least eighteen feet when sixty-degree parking is used. In unique situations, a California-licensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles. Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.

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4. Tandem Spaces.
a. Required parking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.

5. Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.

6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:
a. Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works; b. Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;
c. Parking facilities approved by the zoning administrator or planning commission for a different parking surface;
d. All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.

7. Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.

8. Lighting. Lighting shall be directed onto the subject property only and shielded so that the light source is not visible from adjacent properties or streets. The requirements of Section

24.12.185.17 shall also apply to development proposals including any multi-family housing.

9. Landscaping and Screening.
a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design. (1) Every commercial parking facility abutting property either located in R-Districts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use. Screening devices may not exceed the standards set forth in Section 13.30.110.
(2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging. Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention.

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b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments.

Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften the effect of the parking area, within the first year. Additional standards for screening found in Section 24.12.185 shall also apply where required.

Section 50. Section 24.12.295 – Off-Street Loading Facilities of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.295 OFF-STREET LOADING FACILITIES.

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

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

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

3. Requirements.
a. Required Off-Street Loading Spaces
Use Size of Use Required OffStreet Loading Spaces
10,000 to 24,999 square feet of
gross floor area 1 Type B
25,000 to 49,000 square feet of
gross floor area 2 Type B
Manufacturing, storage,
warehouse, retail and/or
wholesale store, market, hotel,
hospital, mortuary, motel,
laundry, dry cleaning, exercise
facility, or other similar uses
For each additional 50,000
square feet of gross floor area or
fraction thereof
1 Type B
0-24,999 square feet of gross
floor area 0
25,000-99,999 square feet of
gross floor area 1 Type A Office
over 100,000 square feet of
gross floor area 2 Type A

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Use Size of Use Required OffStreet Loading Spaces
0-50 Units 0
Residential 51-200 Units 1 Type A
over 200 Units 2 Type A
b. Minimum Dimensions for Loading Spaces

MINIMUM DIMENSIONS FOR LOADING SPACES
Type of Loading Space Required
(See Table 22.112.130-A)
Minimum
Length (feet)
Minimum
Width (feet)
Required Vertical
Clearance (feet)
Type A 24 8 None
Type B 30 10 14
c. Such space shall not occupy all or any part of any required front or exterior yard area or court space, and shall not be located closer than twenty feet to any lot in an R- District, unless inside a structure or separated from such district by a wall not less than eight feet in height.
d. Sufficient room for maneuvering vehicles shall be provided on site. e. Each loading berth shall be accessible from a street or alley. f. The location of entrances and exits will be determined based on the results of a transportation study (if required based on Section 15.15.010) and approved by the City’s public works director. Alternatively, the applicant may allow the public works director to specify entrance and exit locations.
g. The loading area, aisles and access drives shall be paved with a durable, dustless surface, and shall be so graded and drained so as to disperse surface water. h. Wheel stops and bumper rails shall be provided for safety and to protect property. i. If the loading area is illuminated, lighting shall be directed away from any abutting residential sites and adjacent streets to reduce light and glare impacts, and shall conform to the standards of Sections 24.12.185.17 and 24.12.280.8 as applicable. j. No repair work or servicing of vehicles shall be conducted in a loading area. k. Trucks with trailers or detached trailers shall not be stored on-site. l. Loading areas shall be maintained in good condition and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without approval of zoning administrator. m. Required off-street loading facilities shall be located on the same site as the use for which the off-street loading spaces are required.

Section 51. Section 24.12.430 – Protection of Archaeological Resources of Part 5: Historic Preservation of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These

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deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites.

This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits.

3. An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or onsite monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city and development applications shall demonstrate compliance with any recommended mitigations identified in the required report.

4. Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeological deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.

5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

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d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

6. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriffcoroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.

7. Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

8. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

9. Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.

10. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate and that the development plan has been altered sufficiently to the demonstrate compliance with all recommended mitigations of the mitigation plan, the director shall authorize the resumption of work in conformance with the mitigation plan.

11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

Section 52. This ordinance shall take effect and be in full force thirty (30) days after final adoption for areas of the City outside the Coastal Zone and shall take effect and be in full force upon certification by the California Coastal Commission for areas of the City located within the Coastal Zone.

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Section 53. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the Coastal Commission.

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

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1 ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 6.12 – SOLID WASTE; 10.56 – CITYWIDE TRIP REDUCTION PROGRAM;

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-OF-WAY 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

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2 accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.

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

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

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

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 Notice to comply.

10.46.050 Compliance measures for large employers.

10.46.060 Compliance measures for medium employers.

10.46.070 Compliance measures for small employers.

10.46.080 Compliance measures for nonresidential developers and owners of multitenant sites occupied by more than fifty employees.

10.46.0490 Compliance measures for residential developments of twenty-five or more housing units in a single application.

10.46.100 Compliance measures for site owners or administrators of commercial/recreational/ school sites that attract more than fifty vehicle trips, other than employee commute trips, between 6:00 a.m. and 10:00 a.m. or 3:00 p.m. and 7:00 p.m.

10.46.110 Trip reduction ordinance certificate.

10.46.120 Phased implementation.

10.46.130 Compliance reporting and monitoring.

10.46.140 Administrative appeals.

10.46.150 Violations.

10.46.160 Additional enforcement measures.

10.46.170 Appendices.

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3 10.46.010 PURPOSE.

The purposes of this chapter are as follows:
(a) To establish programs and requirements for new and existing employers, nonresidential developers, owners of multitenant complexes, and commercial/recreational/ school sites in the city, multifamily residential projects of 20 units or more that will help reduce automobile trips and improve mobility. to reduce traffic congestion and to improve air quality; (b) To obtain the best possible use from existing and future local and regional transportation facilities through a cooperative effort among all sites producing vehicle trips; (c) To comply with state law which requires each local jurisdiction to adopt a trip reduction ordinance in accordance with the Santa Cruz County Congestion Management Program; (d) To serve as the locally adopted ordinance which the Monterey Bay Area Unified Air Pollution Control District will rely upon for its employer trip reduction program; (e) To assist employers in identifying and utilizing cost-effective programs and methods to reduce vehicle trips made by employees;
(bf) To ensure the city plays a significant role in promoting alternative transportation use to other than the single-occupant vehicle;

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.
(1) Employers, developers, multitenant work site owners and commercial/recreational/ school site owners as defined in Section 10.46.030.
(2) The city of Santa Cruz shall be subject to the requirements of all applicable provisions under this chapter.
(3) Public organizations, including federal (civilian and military), state and county facilities, are encouraged to comply with the requirements of this chapter. (b) Any employer that qualifies under more than one category of compliance measures (Sections 10.46.050 through 10.46.070) shall be required to adhere to the more stringent responsibilities of the sections.
(c) Employers that are property owners shall also be bound by the terms of responsibility appropriate for their properties.

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4 (d) Any employer subject to Section 10.46.050, 10.46.060 or10.46.070 and who controls more than one work site within the city may submit one trip-reduction report for all subject work sites.

This trip reduction report and/or plan shall report and document AVR for each site within the city and comply with the provisions of this chapter that apply to each work site. (e) The above-noted requirements shall not serve to lessen any previously enacted city requirements that would otherwise apply.

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.
(a) “Alternative work schedule” shall mean a work arrangement which causes a full-time employee to commute to the work site less than ten times during a fourteen day period. (b) “Average vehicle ridership (AVR)” shall mean the total number of employees, (including those telecommuting) reporting or assigned to a work site between (6:00 a.m. to 10:00 a.m.) Monday through Friday, divided by the number of vehicles they drive from home to the work site. The methodology for calculating AVR is contained in Section 10.46.170. (c) “Bicycle parking facilities” shall be defined as:
(1) Class I Facility: A bicycle locker intended for long-term parking. A facility that protects against theft of the entire bicycle, its components and accessories, and subject to approval by the city.
(2) Class II Facility: A bicycle rack intended for short-term parking. A stationary object to which the user can lock the frame and both wheels with only a lock furnished by the user, and subject to approval by the city.
(d) “Carpool” shall mean a motor vehicle occupied by at least two but no more than six employees traveling together.
(e) “Commute alternatives” shall mean carpooling, vanpooling, buspooling, transit, bicycling, telecommuting and/or walking as a commute mode.
(f) “Commute trip” shall mean a home-to-work trip made on a regular basis. (g) “Compliance assistance packet (CAP)” shall mean a package sent to responsible entities at all regulated sites on an annual or biennial basis with a description of compliance measures and the appropriate forms to be used by the entity in complying with this chapter.

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5 (h) “Congestion management program (CMP)” is the countywide program developed by the SCCRTC in accordance with California Government Code Section 65099 et seq., requiring local jurisdictions and the congestion management agency to adopt and implement a trip reduction and travel demand element.
(i) “Employee” shall mean any person employed or contracted by a firm, person(s), business, educational institution, nonprofit agency or corporation, government department or agency or other entity who is assigned to the designated work site. Employee refers to any full-time or parttime person working ten or more days per thirty day period, permanent or temporary, excluding volunteers.
(j) “Employer” shall mean any person(s), firm, business, contractor, educational institution, corporation, nonprofit agency, government department or agency, including the city of Santa Cruz, which has a work site in the city. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity, are considered to be one employer. Employer categories are:
(1) Large employer: 250 or more employees at a work site; (2) Medium employer: 50 to 249 employees at a work site; (3) Small employer: 10 to 49 employees at a work site.
(k) “Monterey Bay Unified Air Pollution Control District (MBUAPCD)” is the regional governmental body responsible for enforcement of regulations for control of air pollution within the counties of Monterey, Santa Cruz and San Benito.
(l) “Multitenant work site” shall mean any local nonresidential or mixed-use property in existence before the effective date of this chapter, which has more than one employer operating on the property and which is occupied in total by fifty or more employees. (m) “Nonresidential developer” shall mean an individual, group, or designee responsible for a new local nonresidential or mixed-use (combination of nonresidential and residential uses) development which will be occupied by fifty or more employees, or a nonresidential development in existence as of the date of this chapter that increases the facility’s gross floor area by twenty-five thousand square feet or more, or which will be occupied in total by fifty or more employees.
(n) “Commercial/recreational/school site” shall mean any facility that provides services or goods and that generates fifty or more vehicle trips other than employee commute trips (based on city-approved trip generation factors) during the periods of 6:00 a.m. to 10:00 a.m. or 3:00 p.m. to 7:00 p.m., including tourist facilities, retail establishments, sports facilities, theaters, secondary schools, trade schools, colleges and universities. (o) “Parking management” shall mean the comprehensive management of the location, cost and availability of parking to effect changes in travel behavior, trips generated and mode used.

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6 (p) “Peak period” shall mean the hours from 6:00 a.m. to 10:00 a.m., Monday through Friday, excluding legal holidays.
(q) “Peak-period trip” shall mean any employee commute trip to a work site where the employee’s work day begins.
(r) “Remodeled nonresidential development” shall mean expansion of an existing nonresidential site which increases the site by fifty or more employees. (s) “Residential developer” shall mean an individual, group or designee responsible for the development of a single-family or multifamily residential development in which twenty-five or more housing units will be constructed as a part of a single application. (t) “Santa Cruz County Regional Transportation Commission (SCCRTC)” shall mean the designated local transportation commission (LTC) and the regional transportation planning agency (RTPA) for Santa Cruz County. The SCCRTC is the designated congestion management agency (CMA) responsible for implementing the countywide CMP. (u) “Single-occupancy vehicle (SOV)” shall mean a gasoline or diesel fueled motor vehicle occupied by one employee for commute purposes.
(v) “Telecommuting” shall mean a person working an eight-hour day either at home or at an off-site work center with computer facilities that link to the work site. (w) “Transportation coordinator” shall mean the person designated by the employer who is responsible for administration of employer requirements under this chapter. The transportation coordinator shall have received appropriate training, as approved by the SCCRTC. (x) “Transportation management association (TMA)” shall mean a group of employers, developers, property owners or others joining together in a formal association with the intent to reduce trips.
(y) “Travel demand management (TDM)” shall mean the provision of information, assistance, incentives or other measures designed to increase average vehicle ridership (AVR) and reduce the demands placed upon the transportation system. In accordance with this chapter, a nonexclusive list of approved TDM techniques shall be adopted by resolution of the city council to serve as a guide for increasing AVR community-wide.
(z) “Travel survey” shall mean a survey included in the compliance assistance packet to use to collect required data on employee commute patterns and to calculate the average vehicle ridership (AVR).

The travel survey shall also be designed to serve as a database for the design, implementation and monitoring of trip reduction programs. Information to be obtained by the travel survey shall include, but not be limited to, the following: (1) the number of employees commuting to the workplace by each commute mode (drive alone, carpool, vanpool, public transit, walk and

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7 bicycle); (2) the number of employees participating in alternative work schedule programs; (3) the times at which employees begin and end their workdays; and (4) the number of employees residing in each zip code area. A minimum of seventy-five percent of the survey forms (i.e., total employees working from 6:00 a.m. to 10:00 a.m.) must be returned to be considered adequate.

All nonrespondents to the survey (i.e., not returned) shall be considered as drivers of singleoccupancy vehicles. (aa) “Trip reduction checklist” shall describe TDM measures that small employers, nonresidential developers, residential developers, commercial/recreational/school site owners, and multitenant work site owners are required to provide to encourage employee use of commute alternatives.
(bb) “Trip reduction ordinance certificate (TRO certificate)” shall mean the certificate issued to each regulated site as certification that the terms of this chapter have been met fully. (cc) “Trip reduction program manager (TR program manager)” shall mean the individual designated by the city as the person responsible for receiving and approving trip reduction checklists, plans and/or reports, for issuing TRO certificates, and for promoting and monitoring compliance with trip reduction goals.
(dd) “Trip reduction plan” shall mean a program of TDM measures developed by a large employer or medium employer to achieve an AVR of 1.35, in cases where the target has not been met.
(ee) “Trip reduction report” shall mean a report filed by a large employer and medium employer on forms supplied in the compliance assistance packet, with results of the travel survey and calculation of AVR. Updates of trip reduction reports will document results of TDM measures taken during the previous reporting period.
(ff) “Vanpool” shall mean a motor vehicle occupied by seven to fifteen employees who commute to work together.
(gg) “Vehicle trip” shall mean a trip utilizing a motorized vehicle, excluding transit vehicles, trains, and buses serving multiple workplaces.
(hh) “Vehicle trip reduction (VTR)” shall mean the number of vehicle trips to the work site reduced during the peak period.
(ii) “Work site” shall mean any place of employment, base of operation, or predominant work location of an employee. All buildings or grouping of buildings owned, operated or occupied within the city shall be deemed a single work site. For the purposes of this chapter, the actual boundary area of a worksite will be identified in submittals pursuant to this chapter and approved by the city or its designee.

10.46.040 NOTICE TO COMPLY.

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8 (a) The city shall publish a TRO notice to comply in city newspapers in accordance with the schedule outlined in Section 10.46.120. The notice to comply will state that employers, nonresidential owners/developers, residential developers, commercial/recreational/ school sites, and multitenant work sites that meet the criteria established by this chapter shall notify the city within sixty days of their intent to comply with the provisions under this chapter. Failure to respond to the notice to comply does not relieve any regulated entity of their compliance responsibilities under this chapter. A CAP will be sent to the complying responsible entity upon the city receiving notification.
(b) Large employers and medium employers shall receive written or telephonic notification by the city to provide updated trip reduction reports on an annual basis, until they have reached an AVR of 1.35, after which they shall receive notification on a biennial basis. Small employers, nonresidential owners/developers, residential developers, commercial/recreational/school sites and multitenant work sites shall receive written or telephonic notification by the city to update their trip reduction checklist on a biennial basis.

10.46.050 COMPLIANCE MEASURES FOR LARGE EMPLOYERS.

The following regulations apply to large employers:
(a) Large employers shall be responsible for attaining an AVR of 1.35 among all employees reporting to work during the peak period within thirty months of receipt of the CAP. To facilitate this level of AVR attainment, large employers shall do all of the following:
(1) Conduct an employee travel survey within ninety calendar days of receipt of CAP in order to calculate AVR. Completed survey forms shall be maintained on file for a period of two years, and upon written request by the city shall be made available for auditing purposes;
(2) Assign a transportation coordinator for each work site to implement trip reduction programs. Large employers are encouraged to join a TMA to reduce trips and promote alternative transportation measures;
(3) Submit a trip reduction checklist as part of their trip reduction report, indicating that the following actions will be taken:
(A) Coordinate ride-matching services with the SCCRTC rideshare agency; (B) Provide to employees and new hires on a continual basis materials and information on transit and other commute alternatives;
(C) Provide preferential parking for those using commute alternatives; (4) Submit to the city TR program manager within ninety calendar days after receipt of the CAP a trip reduction report documenting compliance with this chapter. The report shall, at a minimum, contain results of the travel survey and calculation of AVR, and shall

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9 document the results of any specific TDM measures undertaken during the reporting period in sufficient detail to allow the city to evaluate and approve the effectiveness of such efforts; and
(5) Submit the first update of the trip reduction report twelve months after the date the initial trip reduction report is received by the city TR program manager. The second update report shall be submitted twelve months after the first update of the trip reduction report.

Thereafter, the employer shall submit an update report annually, unless the target AVR has been attained, in which case employers shall submit update of trip reduction reports on a biennial basis.
(b) Large employers found not in compliance in meeting the 1.35 AVR shall be required, at a minimum, to submit a trip reduction plan of TDM measures designed to achieve an AVR of 1.35 or greater for approval by the city within forty-five calendar days of notification by the city. The trip reduction plan shall include, among other TDM measures, implementation of one of the following measures:
(1) Charging employees who drive to work by themselves a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit (currently sixty dollars per month) per employee to park at company parking lots; (2) Providing an incentive for transit riders, vanpoolers, carpoolers, bicyclists, and walkers, equal to a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent in daily commute allowances; (3) Providing employees who carpool or vanpool a commute allowance. The commute allowance shall be good for use against any parking charges, and shall be a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent daily allowances and parking charges;
(4) Implementing an alternative work schedule program to reduce trips to the work site during the peak period, including compressed workweeks and telecommuting options, with sixty-five percent or more employees participating in an alternative work schedule as defined under Section 10.46.030. The employer shall still be responsible for meeting the target AVR.
(c) Large employers may obtain an exemption from this section for one year provided the employer is able to demonstrate one of the following:
(1) That the employer’s average monthly employment per work site during the previous calendar year was less than fifty employees; or
(2) That the employer has less than fifty employees arriving at or leaving per work site during the peak period; or

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10 (3) That the employer has met or exceeded its AVR goal under the time frame prescribed in Section 10.46.120.

10.46.060 COMPLIANCE MEASURES FOR MEDIUM EMPLOYERS.

The following regulations apply to medium employers:
(a) Medium employers shall be responsible for attaining an AVR of 1.35 among all employees reporting to work during the peak period within thirty months of receipt of the CAP. To implement this program, medium employers shall do all of the following:
(1) Conduct an employee travel survey within ninety calendar days of receipt of CAP in order to calculate AVR. Completed survey forms shall be maintained on file for a period of two years, and upon written request by the city shall be made available for auditing purposes;
(2) Assign a transportation coordinator for each work site to implement trip reduction programs. Medium employers are encouraged to join a TMA to reduce trips and promote alternative transportation measures;
(3) Submit a trip reduction checklist as part of their trip reduction report, indicating that the following actions will be taken:
(A) Coordinate ride-matching services with the SCCRTC rideshare agency; (B) Provide to employees and new hires on a continual basis materials and information on transit and other commute alternatives; and
(C) Provide preferential parking for those using commute alternatives; (4) Submit to the trip reduction program manager within ninety calendar days after receipt of the CAP a trip reduction report documenting compliance with this chapter. The report shall, at a minimum, contain results of the travel survey and calculation of AVR, and shall document the results of any specific TDM measures undertaken during the reporting period in sufficient detail to allow the city to evaluate and approve the effectiveness of such efforts; and
(5) Submit the first update of the trip reduction report twelve months after the date the initial trip reduction report is received by the trip reduction program manager. The second update report shall be submitted twelve months after the first update of the trip reduction report. Thereafter, the employer shall submit an update report annually, unless the target AVR has been attained, in which case employers shall submit update of trip reduction report on a biennial basis.
(b) Medium employers found not in compliance in meeting the 1.35 AVR shall be required, at a minimum, to submit a trip reduction plan of TDM measures designed to achieve an AVR of

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11 1.35 or greater for approval by the city within forty-five calendar days of notification by the city.

The trip reduction plan shall include, among other TDM measures, implementation of one of the following measures:
(1) Charging employees who drive to work by themselves a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit (currently sixty dollars per month) per employee to park at company parking lots; or (2) Providing an incentive for transit riders, vanpoolers, carpoolers, bicyclists, and walkers, equal to a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent in daily commute allowances; or (3) Providing employees who carpool or vanpool a commute allowance. The commute allowance shall be good for use against any parking charges, shall be a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent daily allowances and parking charges; or
(4) Implementing an alternative work schedule program to reduce trips to the work site during the peak period, including compressed workweeks and telecommuting options, with sixty-five percent or more employees participating in an alternative work schedule as defined under Section 10.46.030. The employer shall still be responsible for meeting the target AVR.
(c) Medium employers may obtain an exemption from this section for one year, provided the employer is able to demonstrate one of the following:
(1) That the employer’s average monthly employment per work site during the previous calendar year was less than fifty employees; or
(2) That the employer has less than fifty employees arriving at or leaving per work site during the peak period; or
(3) That the employer has met or exceeded its AVR goal under the time frame prescribed in Section 10.46.120.

10.46.070 COMPLIANCE MEASURES FOR SMALL EMPLOYERS.

The following compliance measures shall apply to small employers:
(a) At a minimum, small employers shall complete the trip reduction checklist provided by the city within ninety calendar days of receipt of the compliance assistance packet (CAP). The trip reduction checklist shall describe TDM measures that the employer will be required to provide to reduce employee use of single-occupancy vehicles for commuting. Specific activities to be required include:
(1) Coordinating ride-matching services with the SCCRTC rideshare agency;

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12 (2) Providing materials and information on transit and other commute alternatives to employees and new hires on a continual basis;
(3) Providing preferential parking to those using commute alternatives; and (4) Identification of the transportation coordinator for the trip reduction program. (b) Small employers shall submit to the TR program manager biennial update reports containing an updated trip reduction checklist to document compliance with this chapter.

10.46.080 COMPLIANCE MEASURES FOR NONRESIDENTIAL DEVELOPERS AND

OWNERS OF MULTITENANT SITES OCCUPIED BY MORE THAN FIFTY EMPLOYEES.

Nonresidential developers and owners of multitenant sites occupied by more than fifty employees shall have the following responsibilities:
(a) For purposes of determining whether a new or remodeled nonresidential development project will be occupied by more than fifty employees, the total employment figure will be determined by the project applicant by applying the employee projections developed by the applicant and approved by the planning director. For purposes of determining whether an existing multitenant site is occupied by fifty or more employees, the total employment figure will be determined by a verifiable count provided by the site owner, or by using the employee generation factors in Table 1.

Table 1
Employee Generation Factors By Type of Use
Land Use Category Number of Employees
Commercial (Regional, Community or Neighborhood) 1/500 gross sq. ft.

Office/Professional 1/250 gross sq. ft.

Industrial 1/525 gross sq. ft.

Hotel/Motel (nonluxury) 1/5 rooms
Mixed Use. sum of individual figures for each use
Restaurant 1 per 10 seats
Hospital/Other Medical 1 per 4 beds
(b) All developers of applicable new or remodeled nonresidential or mixed-use developments and owners of multi-employment sites shall select design elements and facilities (as noted below in subsections (b)(1) to (b)(6)) which will support the attainment of an AVR of 1.35 at the

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13 development or multi-employment work sites. Nonresidential developers shall submit the trip reduction checklist during the initial development review process for approval prior to the approval of a development application. Owners of existing properties shall submit a trip reduction checklist within ninety calendar days of receipt of the compliance assistance packet.

The city shall take into consideration the nature, size and impact of the existing or proposed site when reviewing the trip reduction checklist. After review of the trip reduction checklist, the city may require one or more of the following programs:
(1) Preferential Parking for Carpool Vehicles. A percentage of parking spaces allotted for employee use shall be reserved and designated for carpool vehicles by clearly marking such spaces. A suggested fifteen percent of the total number of employee parking is to be designated for preferential parking. Carpool spaces shall be located near the building’s employee entrance or other preferred location within the employee parking areas as approved by the city. Where the number of parking spaces allotted for employee use is unknown, Table 2 shall be used as a guide to determine the total number of employee parking spaces at a site:

Table 2
Percent of Total Parking Designated for Employees
Land Use
Percent
Designated Employee
Parking
Commercial 30%
Office/Professional 85%
Business Park 90%
Warehouse/Manufacturing 90%
(2) Bicycle Parking and Shower Facilities. Bicycle parking and locker/shower facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle or on foot.
(A) A suggested guide for the number of facilities to be provided is a ratio of one clothing locker for every twenty employees and four showers for every two hundred employees with two showers for sites with fifty to one hundred ninety-nine employees. (B) Suggested guidelines for bicycle parking are one Class II facility for every ten employee spaces, and one Class I facility for every fifty employee spaces. Bicycle parking should be situated in the most convenient vehicle parking area, subject to the provisions of the Santa Cruz City Municipal Code Chapters 10.64 and 10.68.

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14 (3) Information on Transportation Alternatives. A centrally located commuter information area shall be provided that displays information on commute alternatives, preferential parking, bicycle parking, transit routes and maps, ridesharing promotional material provided by the SCCRTC rideshare agency, and other elements of the work site’s trip reduction measures.
(4) Vanpool Accessibility. The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. Vanpool parking spaces shall be located near the building’s employee entrance or other preferential location approved by the city. A suggested guide for the provision of vanpool parking spaces is at least two spaces per one hundred employee parking spaces. Vanpool spaces shall be no less than nine feet, six inches wide. Garage clearance of no less than seven feet, six inches shall be required to permit access by vanpool vehicles.
(5) Designation of a Transportation Coordinator. Assign an individual whose function is to promote transportation alternatives at the site. This individual shall have received training as approved by the SCCRTC.
(6) Measures for New Nonresidential Development. These shall be selected from a list of approved transportation demand management (TDM) measurement techniques as may be adopted and amended from time to time by resolution of the city council. (c) Tenants shall be required by lease agreements to cooperate with the trip reduction measures necessitated by this chapter, including, but not limited to: (1) assisting the property owner in administering employee travel surveys and ride-matching efforts, if required; (2) distributing any transportation information provided by the property owner; and (3) permitting their employees to participate in intercompany rideshare arrangements.

10.46.0490 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF TWENTY-FIVE OR MORE HOUSING UNITS IN A SINGLE APPLICATION.

Applications for residential developments in which twenty-five or more housing units are proposed within one half-mile of public transit shall meet the following criteria: enter into a contract with Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents.
(a) All developers of applicable new residential developments shall submit a trip reduction checklist as part of the initial development review process prior to the issuance of a building permit.
(b) The city shall review the trip reduction checklist prepared by the developer and, taking into consideration the nature and size of the project, determine the necessary programs. As part of the permit approval process, the city may require one or more of the following programs:
(1) Provide ridesharing and public transportation information to tenants/buyers as part of move-in materials;

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15 (2) Print transit scheduling information on all promotional materials; (3) Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths or routes in locations accessible for residents and visitors; (4) Provide bus pull-outs, transit stops, shelters and amenities as part of the site plan; (5) Provide transportation information centers, with bus route/schedule information, as part of common areas;
(6) Provide pedestrian facilities linking transit stops and common areas; or (7) Provide resources for site amenities that reduce vehicular trip-making commensurate with the size and impact of the new development.

10.46.100 COMPLIANCE MEASURES FOR SITE OWNERS OR ADMINISTRATORS

OF COMMERCIAL/ RECREATIONAL/SCHOOL SITES THAT ATTRACT MORE

THAN FIFTY VEHICLE TRIPS, OTHER THAN EMPLOYEE COMMUTE TRIPS, BETWEEN 6:00 A.M. AND 10:00 A.M. OR 3:00 P.M. AND 7:00 P.M. (a) All owners or administrators of applicable commercial/recreational site facilities shall submit a trip reduction checklist within ninety calendar days of receipt of a compliance assistance packet. The trip reduction checklist shall be updated on a biennial period to document compliance and designate the measures designed to decrease vehicle trips by visitors and patrons. Trip reduction measures shall include, but not be limited to, the following:
(1) Installing bulletin boards, display units, or kiosks which provide information on all public transit routes serving the site, in areas of high visibility; (2) Providing secure bicycle parking in locations which permit ease of access to facilities.

A suggested guide for visitor parking is to provide one Class II bicycle parking facility for every ten visitor parking spaces provided; and
(3) Printing information regarding access by transit on appropriate promotional materials; (4) Designating a transportation coordinator whose function is to promote transportation alternatives at the site.
(b) All owners or administrators of applicable school site facilities are required to submit a trip reduction checklist within ninety calendar days of receipt of a compliance assistance packet. The trip reduction checklist shall be updated on a biennial period to document compliance and designate the measures designed to decrease vehicle trips by students. Trip reduction measures shall consist of, but not be limited to, the following:
(1) Installing bulletin boards, display units, or kiosks in areas of high visibility which provide information on all public transit routes serving the site;

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16 (2) Providing secure bicycle parking in locations which permit ease of access to facilities.

A suggested guide for student parking is to provide one Class II bicycle parking facility for every ten student parking spaces provided;
(3) Printing information regarding access by transit on appropriate promotional materials; and
(4) Designating a transportation coordinator whose function is to promote transportation alternatives at the site.

10.46.110 TRIP REDUCTION ORDINANCE CERTIFICATE.
(a) A trip reduction ordinance (TRO) certificate will be issued to each regulated site as certification that the terms of this chapter have been fully complied with. A TRO certificate application shall be filed with submittal of a trip reduction checklist and trip reduction report.

The TRO certificate shall be issued by the city TR program manager within ninety days of receipt of a completed trip reduction checklist or trip reduction report. (b) Large employers and medium employers shall renew the TRO certificate annually, unless the target AVR of 1.35 has been attained, in which case the TRO certificate may be renewed on a biennial basis. All other TRO certificates may be renewed on a biennial basis. (c) A TRO certificate fee shall be established by city council resolution to pay for the costs of administration and enforcement of this chapter. The TRO certificate fee established shall be updated periodically and shall consider the following:
(1) Fees for employers will be based on number of employees. (2) Large employers and medium employers who demonstrate attainment of their target AVR shall receive a twenty-five percent credit toward their TRO certificate fee the first year the target is met, a fifty percent credit the second consecutive year the target is met, and a credit of seventy-five percent the third and any subsequent consecutive year the target is met.

10.46.120 PHASED IMPLEMENTATION.
(a) The provisions of this chapter shall apply to developers of new or remodeled nonresidential or residential sites on the effective date of the ordinance adopting this chapter. As to all other individuals, groups, or responsible designees subject to this chapter, including large employers, medium employers, small employers, multitenant work sites and commercial/recreational/school sites, the provisions hereof shall be implemented beginning January 31, 1996. (b) Except for developers of new or remodeled nonresidential or residential sites, the implementation schedule set forth in subsection (a) of this section may be postponed for a particular category of participant, if, prior to January 31, 1996, and each January 31st thereafter, the city has made a finding that “significant progress” in attaining the goals and requirements, for

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17 that particular category, has been achieved. In this regard, all participants shall prepare a brief written report to the city TR program manager based upon documentation by the participant indicating the levels of compliance. The determination of significant progress shall be based upon a finding that each category listed herein is fulfilling its respective responsibilities as set forth in this chapter. As to large or medium employers, a finding of significant progress shall be based upon the calculation of the overall AVR for participating employers, or equivalent VTR, and shall be made in accordance with the Table 3 below:

Table 3AVR Attainment Goals for Large Employers and Medium Employers Participating Employers in
City Required (year/%)
Overall
AVR
Goals
Equivalent Annual Vehicle AVR or
Trip Reduction VTR
End of 1995 – 65% 1.25 (equivalent city/county VTR goal) End of 1996 – 85% 1.30 (equivalent city/county VTR goal) End of 1997 and after – 85% 1.35 (equivalent city/county VTR goal) (c) For the purpose of applying Table 3 above, the term “participating employer” shall mean any large employer or medium employer that has participated in a travel survey and implemented a trip reduction program. Large and medium employers shall be considered independently when calculating AVR attainment goals and determining the phased implementation schedule outlined in subsection (b) of this section. Sixty-five percent of large employers and sixty-five percent of medium employers shall each be required to make progress toward the 1.25 overall AVR goal by the end of 1995. Thereafter, both large and medium employers shall be required to meet, respectively, the eighty-five percent participation rate with a 1.30 AVR at the end of 1996, and the eighty-five percent participation rate with a 1.35 AVR at the end of 1997. (d) The city, in its discretion, may designate a group of small employers at one work site as a participating employer, if that group employs in total fifty or more employees and participates in the travel survey for monitoring purposes.
(e) “Overall AVR” shall be calculated by the TR program manager using monitoring data from travel surveys conducted at participating employment sites. (f) “Equivalent annual vehicle trip reduction (VTR)” goal shall equal the number of vehicle trips to be reduced under the phased-in trip reduction goals (the overall AVR and percentage of employers participating) for large employers and medium employers. The VTR goals shall be calculated cooperatively by staffs of the SCCRTC and the city. (g) After the effective date, the implementation date for the notice to comply shall be set according to a schedule established by the city.

10.46.130 COMPLIANCE REPORTING AND MONITORING.

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18 (a) To assist the city with the information necessary to determine city compliance with this chapter, employers, developers and site owners shall perform the following:
(1) Maintain and retain records, files and documentation to establish compliance with Sections 10.46.050, 10.46.060, 10.46.070, 10.46.080, 10.46.090, and 10.46.100 for a period of two years; and
(2) Make such records available to the TR program manager, or his/her designee, during any on-site audit conducted by the city.
(b) To assist with the information necessary to determine city compliance with the CMP, the city shall submit the following to the SCCRTC:
(1) A copy of this chapter and any implementation and monitoring procedures and materials; and
(2) All material and documentation on an annual basis and agreed upon by the SCCRTC; and
(3) A quantitative analysis of monitoring data in a written progress report which indicates whether significant progress towards the goal, as defined under Section 10.46.120, was achieved or sustained voluntarily during the previous calendar year. (c) To assist the MBUAPCD with information necessary to calculate emissions reductions under this chapter, the city shall submit a copy of this ordinance, and composite AVR results of annual surveys submitted by employers to the MBUAPCD.

10.46.140 ADMINISTRATIVE APPEALS.
(a) The city council shall appoint a city trip reduction ordinance (city TRO) appeals board within one hundred and twenty calendar days after adoption of this chapter. Any decision regarding the application of this chapter may be appealed to the city TRO appeals board by filing an appeal in a form approved by the city and paying the required appeal fee. The city TRO appeals board shall have the authority to hear appeals, issue orders, dispose of cases and make recommendations to the city council for action.
(b) An employer or property owner/developer required to revise a submittal pursuant to this chapter, within thirty calendar days and upon notice to the city, may appeal such decision to the TRO appeals board. The hearing shall be held before the appeals board within sixty calendar days of receipt of the notice of appeal.
(c) Any employer subject to this chapter that fails to meet the AVR target in thirty-six months after receipt of the compliance assistance packet, shall have a hearing before the TRO appeals board to determine if additional TDM measures from Section 10.46.170(b) (Appendix B) could be undertaken at the site. The TRO appeals board shall advise the city council as to the applicability of any additional TDM requirements.

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19 (d) Any decision made by the city TRO appeals board may be appealed to the city council pursuant to Chapter 1.16 of the Municipal Code.

10.46.150 VIOLATIONS.
(a) A violation of any of the provisions of this chapter shall be an infraction. Each and every day that a provision(s) of this chapter or the terms and conditions of any approved work site trip reduction plan is violated, shall constitute a separate infraction. Violations shall include, but shall not be limited to, the following:
(1) Failure to respond to the compliance assistance packet within the prescribed timeline; (2) Failure to submit the trip reduction plan or trip reduction checklist within the prescribed timeline;
(3) Failure to submit the trip reduction report within the prescribed timeline; (4) Failure to implement items on the trip reduction plan or trip reduction checklist; (5) Failure to ensure that required TDM measures are implemented for the life of the development, or until the development conditions requiring TDM measures are otherwise amended;
(6) Falsifying information with respect to meeting the provisions of this chapter; (7) Failure to provide surveys and trip logs to the city TR program manager. (b) Failure to achieve the target AVR does not constitute a violation of this chapter and no employer shall be subject to any fines based on lack of attainment. (c) Revenues received from fines levied to ensure compliance with this chapter shall be used to support alternative transportation.

10.46.160 ADDITIONAL ENFORCEMENT MEASURES.
(a) As to nonresidential or residential developers, in addition to criminal prosecution provided for in Section 10.46.150 above, one or more of the following measures may be taken:
(1) Withhold approval of development permits;
(2) Issue stop work order;
(3) Initiate proceedings to revoke the site development permit or other discretionary permit;

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20 (4) Withhold issuance of a certificate of occupancy; (5) Withhold consideration of other applications pending from the same developer; (6) Require the developer or property owner to establish an association of tenants and/or owners at the site through covenants, conditions and restrictions or other regulations designed to enforce the provisions of this chapter.

10.46.170 APPENDICES.
(a) Appendix A. Average Vehicle Ridership (AVR) Calculation Methodology. Average vehicle ridership (AVR) is the total number of employees (including those telecommuting) reporting or assigned to a work site between 6:00 a.m. to 10:00 a.m., Monday through Friday (survey week), divided by the number of vehicles they drive from home to the work site (vehicle trips). (1) Survey Week. The averaging period used for the survey week cannot contain a holiday and shall represent a normal workweek situation so that a representative projection of the AVR is obtained. For vehicle use during the survey week, bicycle, transit vehicles, buses serving several work sites, and cars stopping on route to other work sites shall be excluded from the vehicles counted, as shall low-emission vehicles as approved by the MBUAPCD.
(2) Employees. Are the total number of employees reporting or assigned to a work site during 6:00 a.m. to 10:00 a.m. each workday of the survey week. The following procedures are used in totaling employees:
(A) Employees who telecommute or are off due to a compressed workweek schedule are counted as reporting to the work site.
(B) The following employees are not included in the employee total:
(i) Employees not working because of vacation, sickness, or other time off; or (ii) Employees who report to a different work site or an off-site work related activity; or (iii) Employees with a disability.
(3) Vehicle Trips. The total number of vehicles used by employees in reporting or assigned to the work site each work day of the survey week. A vehicle trip is based on the means of transportation used for the greatest distance of an employee’s home-to-work commute trip. The following numerical values are assigned to calculate vehicle trip-days:
(A) Single-occupant vehicle (drive alone) = 1 vehicle trip, daily. (B) Employee dropped-off via vehicle by noncommute trip person = 1 vehicle trip, daily.

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21 (C) Employee dropped-off via taxi or limousine type service = 1 vehicle trip, daily. (D) Motorcycle, moped scooter or motor bike = 1 vehicle trip, daily. (E) Carpool = 1 vehicle trip, daily, divided by the number of employees in the carpool, regardless of whether the other employee(s) in the carpool work for the employer or at the work site.
(F) Vanpool = 1 vehicle trip, daily, divided by the number of employees in the vanpool, regardless of whether the other employees in the vanpool work for the employer or at the work site.
(G) The following vehicle trips, daily = 0:
(i) Public transit;
(ii) Private buspool;
(iii) Bicycle;
(iv) Walking and other nonmotorized transportation modes; (v) Employees who telecommute (only on the days those employees work at home for the entire day);
(vi) Employees who work a compressed workweek schedule (only on their compressed day(s) off);
(vii) An employee with a disability using a vehicle at all times. (4) Sample Calculation. The example below calculates AVR for a medium employer employing one hundred employees at a single work site. Therefore, what is the AVR for an employer with one hundred employees, all commuting to work between 6:00 a.m. and 10:00 a.m., Monday through Friday?
Employees reporting to work during the survey week:
6:00 a.m. to 10:00 a.m.

Monday 100
Tuesday 100
Wednesday 100
Thursday 100
Friday 100

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22 Total 500
Number of vehicles driven to the work site by these employees:
6:00 a.m. to 10:00 a.m.

Monday 77
Tuesday 79
Wednesday 72
Thursday 68
Friday 74
Total 400
AVR is the total number of employees reporting to work during the hours of 6:00 a.m. to 10:00 a.m. during the week (e.g., 500) divided by the number of vehicles driven to the worksite between the hours of 6:00 a.m. to 10:00 a.m. during the week (e.g., 400):
500 employees = 1.25 AVR (Or 100
400 vehicles vehicle trip reductions)
To attain the AVR 1.35, an additional 30 vehicle trip reductions are needed:
500 employees = 1.35 AVR (Or 130
370 vehicles vehicle trip reductions)
(b) Appendix B. Transportation Demand Management (TDM) Measure Techniques. (1) TDM measure techniques affecting the single-occupancy vehicle commute trip shall include, but are not limited to, the following:
a. Ridesharing.

1. Carpool/vanpool matching.

2. Preferential parking for carpools and vanpools.

3. Carpool/vanpool financial subsidies or rewards.

4. Employer-provided vehicles for carpools and/or vanpools.

5. Employer-sponsored vanpools.

6. Rideshare marketing campaigns.

7. Financial subsidy of vanpool liability insurance.
b. Transit.

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23 8. Work site transit ticket sales.

9. Transit ticket financial subsidies.

10. Transit route maps and schedules on-site.

11. Shuttle to transit line (employer-sponsored or subsidized).

12. Provide park-and-ride facilities.
c. Commute Trip Elimination.

13. Compressed workweeks.

14. Work-at-home programs.

15. Telecommuting.
d. Parking Pricing.

16. Establishing monetary fees for employee parking.

17. Elimination of any employer parking financial subsidy.

18. Transition from employer parking financial subsidy to general transportation monetary allowance for all employees.

19. Reduced parking rates for carpools and vanpools.

20. Customer parking fees.
e. Bicycle and Pedestrian.

21. Bicycling financial subsidies or rewards.

22. Financial subsidy to employees for the purchase of bicycles for commute trip use.

23. Bicycle lockers or other secure, weather-protected bicycle parking facilities.

24. Bicycle access to building interior.

25. Bicycle and/or walking route information.

26. On-site bicycle registration.

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24 27. Bicycle pools for temporary use during the day.

28. Provide bike-and-ride facilities.
f. On-Site Facilities/Services.

29. Employee shower facilities and clothes lockers.

30. Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use.

31. On-site services to reduce midday vehicle trips, e.g., direct deposit of payroll, cafeteria, automatic teller machines, apparel cleaning, etc.

32. On-site transportation fair to promote commute alternatives. g. Other.

33. Membership in the Santa Cruz Area Transportation Management Association (TMA) that provides services and incentives.

34. Establishment of employee committee to help design, develop, and monitor the trip reduction program.

35. Emergency ride home program.

36. Financial subsidies or rewards for walking and other nonmotorized transportation modes.

37. Use of employer vehicles for midday travel.

38. Shuttles between multiple work sites.

39. Providing child day care at/near work site.

40. Delivery services to or from the work site.

41. Enhanced trip reduction efforts on forecast criteria pollutant exceedance days. h. New Development.

42. Mixed land use arrangements which minimize single-occupant vehicle trips.

43. Traffic flow improvements or payments for traffic flow improvements which do not result in an increase of emissions of oxides of nitrogen.

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25 44. Provision of transit design features within the development.

45. Provision of on-site child care centers, food services and direct check deposit.

46. Provision of shower/locker facilities for bicycle commuters.

47. Provision of pedestrian access points between bus service and major points within the development.

48. Construction or designation of a park-and-ride lot.

49. Provision of enclosed bicycle parking facilities.

50. Provision for bicycle and pedestrian only routes through the development and/or connections to the general community.

51. Development of pedestrian oriented commercial development in existing neighborhoods.

52. Development of residential development with minimal parking in the downtown.

53. Provision of a fund for bus passes for employees commuting to the development.

54. Provision for very high density development along transit corridors.

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.
(43) “Council” means the city council of the city.
(5) “Dark Conduit” means unused or empty conduit and any associated infrastructure, such as but not exclusively, junction boxes, termini, and access panels, for the installation

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26 or expansion of electrical or communications services and lines by others or at a future date, all as specified by Public Works.
(64) “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of Section 12.60.020. (75) “Person” means and includes individuals, firms, corporations, copartnerships, and their agents and employees.
(86) “Poles and overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.
(97) “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

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.

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27 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 Harming Damaging street trees forbidden.

13.30.067 House moving.

13.30.070 Duties of public utilities.

13.30.080 Master Approved street tree list.

13.30.090 Master Street tree planting plan.

13.30.100 Permits required.

13.30.110 Prohibited vegetation – Nuisance.

13.30.120 Abatement of public nuisances.

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

13.30.130 Recovery of damages for loss of street trees.

13.30.140 Infraction.

13.30.150 Legal Remedies/Penalties and Fines.

13.30.160 Right of appeal.

13.30.170 Where to file appeal.

13.30.180 Procedure for appeals.

13.30.190 Stay, pending appeal.

13.30.200 Hearing on appeal.

13.30.210 Liability.

13.30.220 House moving.

13.30.220 Severability.

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28 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.

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29 (e) “Discretionary review” shall mean any review by the city requiring the exercise of judgment in deciding whether to approve a permit or project.
(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.

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30 (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.

13.30.040 PARKS AND RECREATION DIRECTOR – POWERS AND DUTIES. (a) The director of parks and recreation shall be responsible for administering and enforcing this chapter. The director of parks and recreation shall have the following powers and duties in addition to those created elsewhere in this chapter:
(1) Issue permits pursuant to Section 13.30.100;
(2) Maintain the city’s Approved Street Tree List a list of street trees approved by the parks and recreation commission;
(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 in maintaining parkways as required by this code chapter and, in his or her discretion, take any measures necessary to prevent or eliminate hazards when said maintenance has not been performed:
(1) Provide technical assistance and information to assist landowners in maintaining street trees;
(2) Inspect and maintain street trees and make recommendations regarding street trees to city staff and the public;

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

13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.

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

13.30.060 PROPERTY OWNER MAINTENANCE RESPONSIBILITIES – DUTIES AND LIABILITIES.
(a) 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. All duties, obligations and liabilities of property owners specified by Sections 15.20.210 and 15.20.220 of this code apply to maintenance of parkways and street trees. Specifically, a property owner obligated by Section

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32 15.20.210 to maintain a sidewalk area must prune and trim all trees, tree roots, shrubs, hedges and ground cover, and weed, clear and otherwise maintain all included parkways so as to make the area safe and convenient for public use. A property owner who fails to so maintain a street tree or a parkway adjoining his property is liable under Section 15.20.220 of this code for any injury or damage suffered by a member of the public which is caused by said failure.

Maintenance of parkways, as required by this section, includes maintenance of all trees and other vegetation contained in planters located on parkways and in traffic diverters adjacent to parkways.
(b) Maintenance required under this Section 13.30.060 Section 15.20.210 of this code shall include, but not be limited to the following acts:
(1) Watering as necessary;
(2) Removing any material which would be harmful injurious to street trees, such as wire, rope, and signs;
(3) Notifying the director of any diseased street tree or hazard posed by 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 and trimming 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, street tree roots, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way;
(8) Pruning any trimming street trees, and shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director for their well being so as to avoid any damage to public health, safety and welfare, to standards set by the city; (9) Planting and replacing street trees pursuant to the Street Tree Master Plan and Approved Street Tree List as provided in Section 13.30.090.

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33 (c) Before any street tree is planted, pruned, trimmed root pruned, or removed or replaced under this section, all permits required by Section 13.30.100 of this code must first be obtained. All permits shall be displayed at the worksite.
(d) All maintenance activities on street trees contemplated by this section shall be performed in conformity with guidelines, standards and recommendations of the department:
(1) the most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and
(2) all city of Santa Cruz policies, standards, and regulations including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy. (e) The adjacent property owner shall bear all costs of planting, replacement, or any other maintenance responsibilities or requirements provided in this Section 13.30.060, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, replacement, or other maintenance.

In order to enforce maintenance of street trees and parkways under this chapter, all relevant provisions and procedures delineated in Section 15.20.210 of this code and Chapter 22 of Division 7, Part 3, of the Streets and Highways Code and related provisions will be applied.

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).

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34 (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 HARMING DAMAGING STREET TREES FORBIDDEN.

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

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.

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 MASTER APPROVED STREET TREE LIST.

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35 (a) The director of parks and recreation shall prepare and maintain the Approved Street Tree master street tree List enumerating the species of shade and ornamental trees permitted to be planted on public property in the public right-of-way. The master street tree list shall be submitted to the parks and recreation commission which shall make a final recommendation to the city council. When approved by the city council Any amendments to the Approved Street Tree List shall be presented to the parks and recreation commission for discussion, with a final recommendation to the director of parks and recreation. The Approved Street Tree master street tree List shall be made available to the public through the department of parks and recreation.

The master street tree list shall be reviewed annually by the director and the parks and recreation commission.
(b) Newly planted street trees planted in a public right-of-way must comply with the master Approved Street Tree List or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the Approved Street Tree List, or to plant a tree in a location that is contrary to the list. (c) All street trees shall conform with any applicable city policies including but not limited to the Street Tree Planting Details and the Tree Sidewalk Program Policy.

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

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36 13.30.100 PERMITS REQUIRED.
(a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any street tree on any parkway or right-of-way. (1) The application required herein in this subsection (a) shall state the number of trees to be planted or set out the location, grade size, and variety of each tree, the method of planting, and such other information as the director may require. (2) The director shall may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood.
(b) Permit for Trimming Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to No person shall root prune transplant or remove any tree on public property or within the city public right-of-way without first filing an application and procuring a permit to do so from the director. A permit shall also be obtained from the director by any person proposing to No person shall prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree on public property or within the city public right-of-way, without first filing an application and procuring a permit to do so from the director. (1) The application required herein in this subsection (b) shall state the number of trees affected, the location, grade size and variety of each tree, the work proposed, and such further information as the director may require.
(2) The director shall may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter or, sidewalk or any other part of the public right-ofway, or to protect the public health and safety, and that the proposed method is satisfactory.

The director may issue the permit if the proposed removal or pruning trimming is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree.
i. In circumstances where replacement of the removed street tree is not feasible due to conflicts with planned or existing public infrastructure, including other street trees, or existing private infrastructure, the director may in his or her sole discretion, authorize the payment of an in lieu fee. This fee shall be set by city council resolution. (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.

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37 (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 is not satisfied by approval of other city departments, or under city contracts. (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.

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

13.30.110 PROHIBITED VEGETATION – NUISANCE.

No person shall allow to exist any of the following, on property either owned by that person or property for which the person is responsible, as specified by Chapters 13.30 and 15.20 of this code, any nuisance vegetation or nuisance condition, including but not limited to the following:
(a) Any tree, or shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent

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38 to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement; (b) Within the a 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 plants vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;
(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, dead or infected with disease, pests, objectionable insects, scales, fungus or growth injurious to plant material, or dead;
(e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel; (f) Hedges, or dense thorny trees, shrubs, vegetation, and plants on any street or part thereof interfering with any street improvements or sidewalk areas within the public right-of-way. (g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare as determined by the director.

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

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39 provisions for liens and special assessments on real property in chapter 4.24 of the city’s Municipal Code.

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

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

NOTICE OF LIEN
Pursuant to the authority of Chapter 13.30 of the Santa Cruz Municipal Code, and as duly authorized by the City Council of the City of Santa Cruz on the _____ day of _________, 19 ___, by Resolution No. __________, the City of Santa Cruz does hereby claim a lien upon the property hereinafter described for the charges duly assessed by the Council of the City of Santa Cruz as the cost incurred by the City of Santa Cruz for ________ pursuant to order of the Director of Parks and Recreation for the City of Santa Cruz dated ____________, the same has not been paid nor any

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40 part thereof, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 10% per annum, from the day of ________, 19__, (insert date of confirmation of assessment by City Council), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Santa Cruz, County of Santa Cruz, State of California, and more particularly described as follows:
(Legal description of the property, either by metes and bounds or by subdivision number.

Assessor’s parcel number cannot be used for this type of lien.)

13.30.130 RECOVERY OF DAMAGES FOR LOSS OF STREET TREES.

Any person who damages or destroys a street tree on public property is liable to the city for the any costs of the tree’s repair or replacement related to the repair or replacement of such street tree. Recovery of monetary damages and/or replacement of trees and shrubs shall be in accordance with the current plant appriasal forumla prepared by the International Society of Arboriculture.
(a) The director shall determine if and when replacement of a street tree is warranted and specify the replacement size and species, which shall be chosen from the Approved Street Tree List.
(b) For heritage trees, monetary damages and mitigation requirements may be assessed as specified in Chapter 9.56 by the director which may include a tree appraisal in accordance with current tree appraisal methods prepared by the International Society of Arboriculture. (a) Replacement value up to eight-inch trunk caliper size shall be based upon the current retail price of a comparable tree up to eight-inch trunk caliper measured at four and one-half feet from the top of the container soil level or the existing soil grade at the site of a damaged tree.

Replacement value shall include the cost of replanting or removing a tree. (b) Replacement trees shall be chosen in accordance with the master street tree planting plan or a species selected by the director.
(c) For trees larger than eight inches in trunk caliper, the monetary value shall be determined on the basis of the current value per square inch of the tree trunk cross-section measured at four and one-half feet above grade in accordance with the formula prepared by the International Society of Arboriculture.
(d) A twenty-percent deduction may be applied to any tree found by the director to be in poor condition prior to its damage or destruction.
(e) When injury has occurred during work on any structure, collision with any motor vehicle, an act of vandalism, or house moving, the responsible party shall not be released from liability until the director has determined that the tree(s) has fully recovered.

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41 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 not less than one hundred dollars the maximum amount permitted by law. for a first offense and in doubling increments for each successive offense. 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. (b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. through the city clerk All such appeals shall be made pursuant to chapter 1.16 of this code. The city council’s decision shall be final.

13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.

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

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) Upon receipt of the appeal, the secretary to the parks and recreation commission shall schedule the a Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings. Appeals for consideration by the city council shall be scheduled pursuant to chapter 1.16 by the city clerk at the earliest next regular meeting consistent with city council agenda preparation and meeting schedules. (b) Unless otherwise required in this chapter, neither the parks and recreation commission, nor the city council need hold public hearings in considering matters on appeal. (b) The parks and recreation commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision. (c) The parks and recreation commission shall make findings of fact on which it bases its action.

The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief. (d) The decision of the parks and recreation commission shall be final unless appealed to the city council by the appellant under chapter 1.16.

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.

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43 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.

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.

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44 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 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).

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45 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 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

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46 Soquel Ave - (Dakota Ave to Ocean St) – 10 feet minimum Water St – Front St to River St – 12 feet minimum
Water St – River St to Ocean St – 8 feet minimum
Water St - Ocean St to Branciforte Ave – 8 feet minimum Water St - Branciforte Ave to Soquel Ave – 10 feet minimum Other Arterials and Collectors
Branciforte Drive - Broadway Ave to Soquel Ave – 8 feet minimum Branciforte Drive - Soquel Ave to Water St – 8 feet minimum Branciforte Drive - north of Water St – 8 feet minimum
Morrissey Blvd from Soquel Ave to Fairmount Ave – 8 feet minimum Broadway Ave – San Lorenzo Blvd to Ocean View Ave – 8 feet minimum Broadway Ave –Ocean View Ave to Frederick St – 8 feet minimum Seabright Ave – Murray Ave to Logan St – 8 feet minimum Seabright Ave – Logan St to Gault St – 8 feet minimum
Seabright Ave – Gault Ave to Soquel Ave – 8 feet minimum Front St – Pacific Ave to Laurel St – 8 feet minimum
Front St –Laurel St to Water St – 10 feet minimum
Laurel St – River St to Chestnut Ave – 10 feet minimum
Laurel St – Chestnut Ave to Mission St – 8 feet minimum Cedar St – Laurel St to Center St – 10 feet
Bay St – West Cliff to Mission St – 8 feet minimum
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:

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47 (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. (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.

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48 (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 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

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49 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. (eegg) “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 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. (ffhh) “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.
(ggii) “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.
(hhjj) “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.
(iikk) “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). (jjll) “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.
(kkmm) “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. (llnn) “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.
(mmoo) “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
(nnpp) “Overspray” means the irrigation water which is delivered beyond the target area. (ooqq) “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
(pprr) “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, that estimates the amount of water needed by plants.
(qqss) “Precipitation rate” means the rate of application of water measured in inches per hour. (rrtt) “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

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50 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. (ssuu) “Rain sensor” or “rain-sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
(ttvv) “Recreational area” means areas dedicated to active play such as parks, playgrounds, sports fields, and golf courses where turf provides a playing surface. (uuww) “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. (vvxx) “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 project that requires a permit, plan check, design review, or requires a new or expanded water service application.
(wwyy) “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.
(xxzz) “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. (yyaaa) “Sprinkler head” means a device which delivers water through a nozzle. (zzbbb) “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. (aaaccc) “Station” means an area served by one valve or by a set of valves that operate simultaneously.
(bbbddd) “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. (ccceee) “Submeter” means a private metering device to measure water applied to the landscape that is installed after the primary utility water meter. (dddfff) “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. (eeeggg) “Valve” means a device used to control the flow of water in the irrigation system. (fffhhh) “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). (gggiii) “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.

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51 (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.
(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.

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52 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.

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;

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53 (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 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 = ET adjustment factor

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54 0.45
ETo = Reference evapotranspiration
(inches per year)

0.00083 = Conversion factor to CCF
LA = Landscape area (square feet)
(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. (2)(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. (3)(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.

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55 (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.
(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

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56 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. (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 twenty40.295 57 five 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.
(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.

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58 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.

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

Section 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:

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59 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 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

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60 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 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.

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61 (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.
(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 onetwo years prior to the date of submission of the application for the demolition/conversion permit, or if substantial evidence exists that a low- or moderate-income household had occupied the unit within two years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.

Relocation assistance shall be defined as two months’ rent. or oOther arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided, nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal issuance of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

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.

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

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.

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63 2. The in-lieu fees shall be applied to programs that would add to the affordable housing stock through the construction of new housing units or the rehabilitation of existing housing units that were previously substandard and uninhabited or occupied by above-moderate income households. In-lieu fees shall not be used for administration of such programs.

3. Replacement housing in-lieu fees shall be determined in the same manner as inclusionary housing in-lieu fees. For purposes of determining unit sizes, the average number of bedrooms per unit shall be used. For purposes of determining the average number of square feet in a unit, the average square footage for those units shall be used up to a maximum square footage as follows:
six hundred fifty square feet for a single room occupancy unit, studio, or one-bedroom unit; nine hundred square feet for a two-bedroom unit; one thousand four hundred square feet for a threeto eight-bedroom unit.

4. Replacement housing built with in-lieu fees shall, in aggregate, provide the same level of housing as would otherwise have been required, and shall be provided and available for use within three years from the date upon which work commenced on the conversion or demolition, or if no new or rehabilitated units are available within three years, units shall be provided in the first available affordable housing project that is constructed in the city.

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:

Part 23: CONDITIONAL DRIVEWAY PERMIT

24.08.2310 GENERAL PROVISIONS.

A conditional driveway permit may be granted by the zoning administrator at a public hearing, subject to conditions, including but not limited to the provisions contained in this section. The driveway shall be:

1. At least twenty feet in depth, the measurement being made at the back of the sidewalk located behind the driveway approach;

2. Sized to provide not more than one parking space for lots less than fifty feet in width or two parking spaces for lots fifty feet or greater;

3. At least four feet or the minimum side yard width required for the zoning district, whichever is greater, from any adjacent side or rear property line of an abutting lot and offset from the center of the lot’s street frontage along which it is located;

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64 4. Designed to blend in with existing landscaping and minimize impervious surfaces when located within the required front or exterior side yard setback; and

5. Designed to incorporate landscape screening where feasible and appropriate without creating a safety hazard.

24.08.2320 FINDINGS REQUIRED.

A conditional driveway permit shall be granted when the following findings can be made:

1. The issuance of such a permit is reasonably necessary for the preservation of valuable property rights or full use and enjoyment of the property;

2. The driveway will not create a safety hazard for pedestrians or vehicular traffic;

3. The appearance of the driveway is compatible with the design and appearance of the existing residence and site plan, including existing landscaping, trees, natural land forms, and other features of the site;

4. The driveway is a planned site feature which avoids dominating the site or overwhelming adjacent properties and structures; and

5. The driveway will be constructed using four inches of concrete or other material approved by the zoning administrator or planning commission.

Section 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; 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;

40.303
65 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 is 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);

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);

40.304
66 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:

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;

40.305
67 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:

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

40.306
68 j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

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

24.10.813 USE DETERMINATION.

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.

24.10.814 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum

40.307
69 Provisions Requirement
• 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
** 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.

40.308
70 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 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

40.309
71 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.

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);

40.310
72 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:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);

40.311
73 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.

40.312
74 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)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to residential units 80

40.313
75 Provisions Requirement
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.

24.10.845 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:

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

40.314
76 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.

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.

40.315
77 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.

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:

40.316
78 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.

40.317
79 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.

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
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

40.318
80 • 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.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy any Ocean Street frontage to the dimensions required by Section

24.12.185.

4. Residential units shall not be located on any Ocean Street or Soquel Avenue frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage.

Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street or Soquel Avenue.

5. Other Requirements. Other regulations which may be applicable to site and building design in this zone are set forth in Title 24.12.

24.10.855 PARKING.

40.319
81 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.

34. Clothing and apparel shops.

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

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

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

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

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

COMMERCIAL USES:
103. Carpenter shop; electrical, plumbing or heating shops; furniture upholstering shop. 116. Garages for the repair of automobiles, subject to performance standards as set forth in this title for principal permitted uses in the I-G District. 127. Handicraft shops and workshops.
1310. Medical, optical, and dental clinics and laboratories, not including the manufacture of pharmaceuticals or other (similar) products for general sale or distribution. 1411. Mobilehome, trailer, boat, motorcycle sales and service. 1512. New car sales and service.

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82 1613. Parking facilities of five or fewer spaces.
1714. Plant nurseries and greenhouses.
1817. Theaters.
1918. 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:
ad. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.
be. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12.
cj. Souvenir and gift shops.
dm. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12.
en. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12. k. Single-family dwellings
q. Two-family dwellings,.

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

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83 24.10.940 USE DETERMINATION.

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

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84 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 Recovery Plan shall control all uses in the CBD, Central Business District, and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.

Section 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 supplying and distribution of electrical energy and service, including communication service (as defined in Section

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

24.12.710 PROVISIONS.

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

2. All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts required to be relocated by reason of change of grade or alignment or the widening of the street within which such overhead facilities exist shall, upon relocation, be placed underground, unless special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.

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

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85 4. Electric and communication service wires or cables to any new building or structure shall be placed underground unless the Project is subject to an exception identified in Section

24.12.720. Where this requirement would be impractical or unreasonable, the director of public works, upon application of the property owner, may permit overhead services.

5. Any new building or structure where an expansion of any electric or planned communication service on or within 500 feet of the property is planned to occur within 5 years of construction completion, as demonstrated through related capital projects or private development, and which has not otherwise been permitted for overhead utilities or in-lieu fee payment, shall install dark conduit (as defined in Section 12.60.010) along the project frontage or within the project site, together with any necessary easements for the city to facilitate expansion and future connection to all such service(s) in conformance with the Public Works dark conduit installation specifications that are current at the time of design review and available from the Public Works Department.

6. Any new building or structure, shall be connected to existing or planned electric and communications services by active lines, if available, or dark conduit leading to the building from an adjacent main, in conformance with the applicable Public Works dark conduit installation specifications that are available from the Public Works Department. Any lots or structures with more than one unit shall provide such connections to every individual unit.

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

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

24.12.720 EXCEPTIONS.

The provisions of Section 24.12.710 shall not apply to: the following. Applicants shall be responsible for any studies, analysis, and reports required by Public Works to demonstrate eligibility for any exceptions.

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

2. Poles or electroliers used exclusively for street lighting.

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

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

5. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and

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86 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 or redevelopment agency by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city or redevelopment agency, a period of closure for at least two years or six months after the city’s or redevelopment agency’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

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.

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:

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87 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.
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.

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88 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 an exception listed in Section 24.14.040.

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).
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.

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89 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.

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.

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90 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 or SOU or (SRO) units, within a residential development which is required under this part to be rented at an affordable rent or sold at an affordable ownership cost to specified households.

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 SOU FDU or SRO units by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map.

29. “SOU” “FDU” means a small ownership unit Flexible Density Unit as defined at Section 24.12.1510.

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

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91 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 SOUFDU 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. 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.

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92 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. 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

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93 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 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

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94 residential development or as an affordable unit fulfilling the inclusionary requirements for the residential development unless an alternative is approved under Section 24.16.030.

8. For the purposes of calculating the number and type of inclusionary units required by this section, accessory dwelling units constructed on parcels with multifamily structures, either as part of the initial development or anytime thereafter, shall be subject to the requirements of Section 24.16.020.5, commencing with the fifth accessory dwelling unit proposed for the parcel.

The first four accessory dwelling units on such a parcel shall not be counted either as part of the residential 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.

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

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 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

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95 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. Thus, it is found that accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are compatible with residential development. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security.

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.

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96 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 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

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97 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 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.

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98 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 six eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.

8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee

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99 of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing for such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
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 garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

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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 oriented to obscure views of neighboring yards by ADU occupants by using transom

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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.

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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

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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.

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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.

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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.
1413. “Household income” is the combined adjusted net household income for all adult persons living in a living unit as calculated pursuant to California Code of Regulations, Title 25, Section 6916, or successor provision.
1514. “Household, low or lower income” is a household whose income does not exceed the lower-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1615. “Household, moderate income” is a household whose income does not exceed the moderate-income limits applicable to Santa Cruz County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5.
1716. “Household, very low income” is a household whose income does not exceed the verylow-income limits applicable to Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105.

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1817. “Housing development” is a development project on contiguous lots that are the subject of one development application, consisting of five or more residential units (not including any density bonus units), including single-family and multifamily and single-room occupancy units, for sale or for rent. For the purposes of this Part 3, “housing development” also includes a subdivision or a common interest development consisting of five or more residential units or unimproved residential lots, a mixed-use development that includes five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. In all cases density bonus units are not included for the purpose of determining whether the development consists of five or more units or lots. 1918. “Incentives and concessions” are regulatory concessions as listed in Section 24.16.255. 2019. “Inclusionary unit” is an ownership or rental dwelling unit or single-room occupancy unit within a housing development which is required under Part 1 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households. 2120. “Major transit stop” is an existing site, or a site included in the regional transportation plan, that contains a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than twenty-five percent of their area farther than onehalf mile from the stop and if not more than ten percent of the units or one hundred units, whichever is less, in the housing development are farther than one-half mile from the stop. 2221. “Market rate unit” is a dwelling unit which is not an affordable unit as defined in this Part 3.
2322. “Maximum residential density” is the maximum number of residential units allowed in a housing development by the city’s zoning ordinance and by the land use element of the General Plan on the date that the application for the housing development is deemed complete. If the maximum density allowed by the zoning ordinance is inconsistent with the density allowed by the land use element of the General Plan, the land use element density shall prevail. This definition is used to calculate a density bonus pursuant to this Part 3 of this chapter. 2423. “Partnered housing agreement” is an agreement approved by the city between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

24. “Small ownership unit” or “SOU” is a dwelling unit containing no more than one bedroom and floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a housing development where all dwelling units are SOU units and are offered for sale to the general public.

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,

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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.

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.

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a. “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 of the State Health and Safety Code and as defined in State regulations.

A large family daycare home may provide family daycare to seven to twelve children, inclusive, or up to fourteen children, inclusive, if all of the following conditions are met:
(i) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
(ii) No more than three infants are cared for during any time when more than twelve children are being cared for.
(iii) The licensee notifies a parent that the facility is caring for two additional school age children and that there may be up to thirteen or fourteen children in the home at one time.
(iv) The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented. b. “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 of the State Health and Safety Code and as defined in State regulations.

A small family daycare home may provide family daycare to six or fewer children, or eight or fewer children if all of the following conditions are met:
(i) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
(ii) No more than two infants are cared for during any time when more than six children are cared for.
(iii) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.
(iv) The licensee obtains the written consent of the property owner when the family daycare home is operated on property that is leased or rented.

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.

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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 more than twenty-five percent of the required open space be assigned to private balcony areas, nor shall such area have a slope greater than ten percent, or any dimension of less than ten feet. The term may include private balconies if their least smallest dimension is four linear feet or more.

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

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Santa Cruz City CouncilNovember 15, 2022

Santa Cruz City Council
November 15, 2022