Agenda packet — Santa Cruz City Council, November 15, 2022 (part 4 of 5)

ORDINANCE NO. 2022-XX

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

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

CRUZ MUNICIPAL CODE AND LOCAL COASTAL PROGRAM TO ESTABLISH

OBJECTIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY HOUSING, ADD NEW

MIXED-USE ZONING DISTRICTS, IMPLEMENT DEVELOPMENT REVIEW PROCESS

CHANGES, AND MAKE ADDITIONAL MODIFICATIONS TO MUNICIPAL CODE TITLE 24 – ZONING ORDIANCE TO CLARIFY AND UPDATE VARIOUS CODE SECTIONS,

REMOVE OBSOLETE SECTIONS AND REFERENCES, STREAMLINE APPLICATION

PROCESSES, AND BRING THE ZONING ORDINANCE INTO CONFORMITY WITH

STATE LAW
Section 1. Section 24.04.030 – Types of Permits and Other Actions Authorized by this Title of Chapter 24.04 – Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

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

1. Appeals;

2. Coastal permit;

3. Conditional driveway permit;

34. Conditional fence permit;

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

56. Design permit;

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

78. Extension of permits;

89. Historic building survey: building designation and deletion; 910. Historic alteration permit;
9a10a. Administrative historic alteration permit;
1011. Historic landmark designation;
1112. Mobile homes: certificate of compatibility;
1213. Mobile home park conversion;
1314. Planned development permit;

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

15. Relocation permit;

16. Revocation of permits;

17. Signs:

40.349

Page 2 ends

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

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; plus the following:
(1) Any earth-disturbing activity on known archaeological sites, b. Special use permit, for uses requiring a special use permit;

20. Variance;

21. Watercourse development permit;

22. Watercourse variance;

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

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

Section 2. Section 24.04.050 – Permit Application, Submittal and Processing of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.050 PERMIT APPLICATION, SUBMITTAL AND PROCESSING.

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

Section 3. Section 24.04.090 – Public Hearing Requirement of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:

1. Appeals;

2. Coastal permit except for an accessory dwelling unit;

3. Conditional fence permit when required by Section 24.08.620;

4. Design permit:
a. When accompanying another permit requiring a public hearing or upon a zoning administrator determination that a public hearing is required; b. For new two-story structures and/or second-story additions associated with a singlefamily residential use on substandard residential lots, excluding any Accessory Dwelling

40.350

Page 3 ends

Unit or Junior Accessory Dwelling Unit as defined in Chapter 24.16 Part 2 in the R-S and any R-1 Districts;
c. For large homes in R-1 Districts per Section 24.8.450; d. Wireless telecommunications facilities per Part 15 of Chapter 24.12; or e. New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
f. Mixed-Use or Residential Development that varies from one or more of the objective design standards of Chapter 24.12.185 of the Municipal Code

5. Density Bonus Applications

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

76. Historic building survey: building designation, deletion;

87. Historic landmark alteration permit;

98. Historic landmark designation;
109. Mobile home park conversion;
1110. Slope Development Permit (on or within 20 feet of a 50% or greater slope) outside the Coastal Zone;
1211. Planned development permit;

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

Section 4. Section 24.04.130 – Decision-Making Body With Final Authority on Application Approval of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

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

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

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

40.351

Page 4 ends

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

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

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

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

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

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

ZA CPC/CC
Design Permit ZA CPC/CC

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

ZA CPC/CC

2. Large homes per Section 24.08.450 ZA CPC/CC

40.352

Page 5 ends

Permits/Actions****
Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action RecommendationAction

3. Wireless telecommunications
facilities

ZA ZA CPC/CC

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

ZA CPC/CC

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

ZA CPC/CC
Option 2 (Conforming Hearings):

6. Residential development in R-L, RM, or R-H zone districts conforming ZA CPC/CC Option 1 (Streamlined):

6. Residential development in R-L, RM, or R-H zone districts conforming to all standards of Section 24.12.185

ZA CPC/CC

7. Mixed-Use or Residential
development not in the R-L, R-M, or
R-H zone districts conforming to all
standards of Section 24.12.185

ZA CPC/CC

8. Mixed-Use or Residential
development varying from at least
one and no more than five standards
of Chapter 24.12.185 of the
Municipal Code

ZA CPC/CC

9. Mixed-Use or Residential
Development varying from six or
more standards of Chapter 24.12.185
of the Municipal Code
CPC CC
Commented [SN1]: This addition reiterates an existing
requirement in the code, clarifies that these permits are required, and ensures this table includes all required
permit processes. The existing requirement can be
found in Muni Code Sections 24.10.410, 24.10.510,
and 24.10.565.

40.353

Page 6 ends

to all standards of Section 24.12.185

7. Mixed use or Residential
Development not within the R-L, RM, or R-H zone districts conforming to all standards of Section 24.12.185

ZA CPC/CC

8. Mixed-Use or Residential
Development varying from at least
one and no more than five standards
of Chapter 24.12.185 of the
Municipal Code

ZA CPC/CC

9. Mixed-Use or Residential
Development varying from six or
more standards of Chapter 24.12.185
of the Municipal Code
CPC CC
Option 3 (Hybrid):

6. Residential development in R-L, RM, or R-H zone districts conforming to all standards of Section 24.12.185

ZA CPC/CC

7. Mixed-Use or Residential
Development not within the R-L, RM or R-H zone districts with no more than 50 dwelling units and
conforming to all standards of Section

24.12.185

ZA CPC/CC

8. Mixed-Use or Residential
Developments not within the R-L, RM or R-H zone districts with 51 dwelling units or more and
conforming to all standards of Section

24.12.185

ZA CPC/CC

9. Mixed-Use or Residential
Development not within the RL, RM
or RH zone districts with no more
than 50 dwelling units and varying
from at least one and no more than
five standards of Chapter 24.12.185
of the Municipal Code

ZA CPC/CC

10. Mixed-Use or Residential
Development varying from six or
more standards of Chapter 24.12.185
CPC CC

40.354

Page 7 ends

of the Municipal Code
Demolition Permit

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

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

ZA HPC/CC
Historic Building Survey:

Building designation,
deletion
HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark
Designation
HPC CC
Mobile Homes (Certificate of
Compatibility)

ZA CPC/CC
Mobile Home Park
Conversion
CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures
Permit

ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC

40.355

Page 8 ends

Watercourse Variance CPC CC
Watercourse Development
Permit

ZA CPC/CC
Zoning Ordinance Text and
Map Amendments
Amendments recommended by CPC CPC CC/CCC***
Amendments not recommended by CPC CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission
HPC = Historic Preservation Commission ZA = Zoning Administrator * For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section 24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10). ** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey. *** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2).

Section 5. Section 24.04.160 – Life of Permit of Chapter 24.04 - Administration of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.04.160 LIFE OF PERMIT.

1. Expiration.
a. Each approved permit shall expire and become null and void thirty-six months from the date on which it is approved, unless exercised; a lesser time period may be specified. A relocation permit shall be exercised within six months. b. An approved permit applies to the subject property and runs with the land. Once exercised, an approved permit remains effective unless terminated or modified and remains effective even if the subject property is rezoned.
c. An approved permit is transferable to any future owner of the subject property. d. Any use permit which has been exercised shall expire and become void where the use has ceased for a period of six consecutive months, whether or not it is the intent to abandon said use.
e. All active permits as of March 10, 2009, and those approved up to and including March 10, 2010, shall have the life of the permit automatically extended an addition one year from the length of time currently allowed under subsection (1)(a). This extension

40.356

Page 9 ends

authorization shall expire on March 11, 2011, unless otherwise extended by the city council.

2. Extension of Permits. Any permit issued in conjunction with a project that has had its tentative subdivision map or parcel map extended pursuant to the provisions of the California Subdivision Map Act, Government Code Sections 66410 et seq. or the city’s Subdivision Ordinance, S.C.M.C. Title 23, shall have its associated land use permits automatically extended for a period coextensive to any extension of the tentative subdivision map or parcel map attributable to the application of Subdivision Map Act or Subdivision Ordinance provisions.

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

4. Modifications.
a. Minor Modifications. The zoning administrator may modify conditions imposed on any permit at the request of the permit holder where evidence has been submitted that the requested modifications:
(1) Will not significantly alter the approved permits; and (2) Are made on the basis of changed circumstances since the original approval; and (3) Would not contradict or go against any direction in the record that was instrumental in the approval of the original permit.: and (4) In the case of a housing development application, that the requested modification applies to a variation from a design standard that was previously reviewed at a public hearing as an alternative design, or does not involve a variation from the design standards of Section 24.12.185.
b. Minor Modification Criteria. The zoning administrator may approve any requested minor modifications on any permit which involves minor increases in floor area that do not exceed fifteen percent of the approved project or involve use intensifications permitted by the zone that do not increase parking above fifteen percent of the approved parking for the project, or approve partial variation from one of the standards in Section 24.12.185 without a public hearing as long as the proposed modification is consistent with all sections of the Zoning Ordinance, or the purpose of the standard in Section 24.12.185 as applicable. Only one such modification or project will be allowed within any five-year period without review by the planning commission or at a publicly noticed zoning administrator hearing if the original approval was administrative or was decided at a public hearing before the zoning administrator. AdditionalMinor modifications not related to such increases in floor area or use intensifications may be approved without a public hearing and are not subject to the five year limitation.
c. Major Modifications. The zoning administrator shall refer to the decision-making body with final authority for review and action any requested modifications which involve significant increases in size or nature of an approved project beyond those limits set in subsection (4)(b). A public hearing will be required unless the permit proposed for modification was approved administratively, in which case the modification may also be Commented [SN2]: Upon further consideration, staff is
no longer recommending these two addition. The text
seemed vague and unnecessary.

40.357

Page 10 ends

decided administratively, or may be elevated at the discretion of the zoning administrator.

In the case of a housing development project, any variation from a requirement of Section

24.12.185 that was not previously reviewed at a public hearing, shall trigger the need for a public hearing at the level indicated by 24.08.420 24.04.130.

Section 6. Section 24.08.030 – Procedure – Administrative Use Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

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

2. A public hearing shall be held, except in the following cases:
a. Where the proposed use is temporary, as defined herein; b. Where the proposed use pertains to a large family daycare home as defined in Section

24.22.355;
cb. Where the proposed use permit is for a variation to design standards for parking or for a reduction to the required number of parking spaces; or dc. Where the proposed use is for the construction of a half bathroom in an accessory building, subject to the requirements in Section 24.12.140.; or d. Where the proposed use is for a low risk alcohol outlet subject to the requirements of Part 12: Alcoholic Beverage Sales of Chapter 24.12.

Section 7. Part 5: Design Permit of Chapter 24.08 – Land Use Permits and Findings of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 5: DESIGN PERMIT

24.08.400 PURPOSE.

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

24.08.410 GENERAL PROVISIONS.

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

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

2. New structures intended for commercial use;

3. New structures intended for industrial use;

4. Commercial or industrial uses of land not involving a building; Commented [SN3]: This allowance is already covered
by Section 24.04.130.2.

40.358

Page 11 ends

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

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

7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;

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

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

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

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

12. Any project which requires a planned development permit;

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

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

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

Option 1 (Streamlined):

24.08.420 PROCEDURE.

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

40.359

Page 12 ends

e) Mixed-Use or multifamily residential development that varies from at least one and no more than five of the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.426.

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

Option 2 (Conforming Hearings):

24.08.420 PROCEDURE.

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

2. Any applications for design permits of the types listed below above shall be acted upon by the zoning administrator at a public hearing pertains to:
a) New two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots in R-1 districts; b) Large homes per Section 24.08.450;
c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
e) Mixed-Use or multifamily residential development not within R-L, R-M or R-H zone districts that fully conforms to the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.425. f) Multifamily development in any zone that varies from at least one and no more than five of the standards of Section 24.12.185, pursuant to the findings required by 24.08.426.

Option 3 (Hybrid):

24.08.420 PROCEDURE.

40.360

Page 13 ends

Zoning Administrator shall make the findings required by 24.08.425, and consistent with the procedures of 24.04.130..

2. Any applications for design permits of the types listed below above shall be acted upon by the zoning administrator at a public hearing pertains to:
a) New two-story structures and/or second-story additions associated with a single-family residential use on substandard residential lots in R-1 districts; b) Large homes per Section 24.08.450;
c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.
e) Mixed-use or multifamily residential development that varies from one to five of the objective design standards of Section 24.12.185 of the Municipal Code, pursuant to the findings required by 24.08.426.
f) Mixed-use or multifamily residential development not within the R-L, R-M or R-H zone district that fully conforms to Section 24.12.185 of the Municipal Code and includes 51 or more dwelling units, exclusive of accessory dwelling units, pursuant to the findings required by 24.08.425.

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

24.08.425 FINDINGS REQUIRED – FULLY-COMPLIANT MIXED USE OR MULTIFAMILY DEVELOPMENT.

Applications for design permits for projects that include two or more multifamily housing units, and which meet all relevant standards set by the Santa Cruz Municipal Code shall be reviewed as defined in Section 24.08.420. The decision-making body shall conduct review in relation to the below established criteria for design review. Applications for design permits shall be approved if development proposals with multifamily housing units conform with the following criteria:
including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects for which the following findings can be made will not be subject to a public hearing except by reason of appeal.

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

2. The site plan and building design are in full conformance with the design standards of Section 24.12.185.

Commented [SN4]: These adjustments are proposed
in light of now providing options for design review
public processes - all references to hearings or specific hearing bodies have been removed from Sections

24.08.425 and .426, which now focus exclusively on
defining the relevant findings.

Also, this text now more closely mirrors the existing text in 24.08.130 - Findings Required - General

40.361

Page 14 ends

24.08.426 FINDINGS REQUIRED – ALTERNATIVE DESIGN MIXED USE OR MULTIFAMILY DEVELOPMENT.

Applications for design permits for projects including two or more multifamily residential units and which shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects which propose to vary from one or more of the design standards of Section 24.12.185 shall be subject to a public hearing in accordance with 24.08.420.

Applications for design permits for projects shall be reviewed as defined in Section 24.08.420.

The decision-making body shall conduct review in relation to the below established criteria for design review. Applications for design permits shall be approved if development proposals with multifamily housing units conform with the following criteria, and the decision-making body shall approve the design permit based upon the following findings. The public hearing body shall approve the design permit based upon the following findings. These findings shall apply only to alternative designs for compliance with Section 24.12.185 and are not applicable to applications seeking to vary from any other standard, requirement, or policy of the Municipal Code.

1. With the exception of the standards of Section 24.12.185 for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

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

24.08.430 FINDINGS REQUIRED – GENERAL.

All applications for design permits that cannot be reviewed under Sections 24.08.425 or

24.08.426 shall be reviewed in relation to below established criteria for design review.

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

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

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

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

Commented [SN5]: Same comment as above.

40.362

Page 15 ends

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

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

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

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

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

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

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

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

24.08.440 STANDARDS FOR SUBSTANDARD RESIDENTIAL LOT DEVELOPMENT.

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

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

40.363

Page 16 ends

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

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

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

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

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

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

Section 8. Part 3: R-S Residential Suburban District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.200 PURPOSE.

To provide a residential living area within the city which allows low residential densities and provides a transition to rural areas which adjoin portions of the city. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

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

3. Crop and tree farming and grazing lands.

4. Small and large family daycare homes in residential unitssingle-family dwellings or duplexes.

5. Community garden.

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

24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.230. d. Living quarters for persons regularly employed on the premises, when located within principal building.

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

8. Supportive and transitional housing in single-family dwellings.

40.364

Page 17 ends

24.10.230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

24.10.240 USE DETERMINATIONS.

24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.250 DISTRICT REGULATIONS.

1. General.

Provision
Classification or Type of Use
Single-Family Residential
RS-10A RS-5A RS-2A RS-1A
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 & 30 2 & 30 2 & 30 2 & 30 • Accessory: (stories and feet) 1 & 20 1 & 20 1 & 20 1 & 20 b. Lot area (acre) 10 acres 5 acres 2 acres 1 acre
c. Lot width (feet) 250 200 150 100
d. Front yard (feet) 40* 40* 40* 40*
e. Rear yard (feet) 30 30 30 30
f. Side yards (feet) 25 20* 20* 15*
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

40.365

Page 18 ends

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. Design Guidelines. Development guidelines adopted by the city shall be used as applicable to provide site design standards to augment the general district regulations in the development of property in this district.

4. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings, including accessory dwelling units; and six feet between accessory buildings.

Section 9. Part 4: R-1 Single-Family Residence District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.300 PURPOSE.

To stabilize and protect the residential characteristics of the district, and to promote and encourage a suitable environment for family life and single persons; and intended for singlefamily detached dwellings and the services appurtenant thereto. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Please also see Part 42, Sections 24.10.4200 et al. for properties within the West Cliff Drive Overlay District. Please also see Section 24.08.440 for substandard lots and Section 24.08.450 for large home developments.

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

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

3. Small and large family daycare homes in residential unitssingle-family dwellings or duplexes.

4. Community garden.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.330.

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

7. Supportive and transitional housing in single-family dwellings.

24.10.330 USE PERMIT REQUIREMENT.

40.366

Page 19 ends

d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. 2. The following uses are subject to approval of an administrative a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9. b. Community care facilities including nursing homes, retirement homes, daycare (except family daycare homes) and foster homes (seven or more persons). c. Health facilities for inpatient and outpatient psychiatric care and treatment. d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. e. Plant nurseries and greenhouses.
f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
g. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses. h. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:
(1) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;
(2) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall have a minimum setback of twenty feet from the property line to the vehicle entrance of the structure.
i. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

24.10.340 USE DETERMINATION.

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

24.10.350 DISTRICT REGULATIONS.

1. General.

Classification or Type of Use

40.367

Page 20 ends

Single-Family Residential
Provision R-1-10 R-1-7 R-1-5
a. Height of Buildings
(Maximum)
• Principal: (stories and feet) 2 1/2 & 30 2 1/2 &
30 2 1/2 &
30 • Accessory: (stories and feet) 1 & 15 1 & 15 1 & 15 • Single-story structure 1 & 19 N/A N/A
b. Minimum lot area (net) (square
feet)
10,000 7,000 5,000
c. Minimum lot width (feet) 70 70 50
d. Front yard (feet) 25* 20* 20*
e. Rear yard (feet) 30 25 20
f. One side yard (feet) 10 7* 5*
g. Both side yards – total
• Interior lot (feet) 20 14 10
• Exterior lot (feet) 22 16 13
h. Exterior side yard or end (feet) 12* 9* 8*
i. Maximum building area
without design permit
4,000 (See Section 24.08.450 for
findings)
3,500 3,000
* For any attached or detached garage or carport with doors or entrances fronting on a front or exterior side property line, the setback shall be a minimum of twenty feet from said property line or the setback required for the district, whichever is greater.

2. Dwellings per Lot. Unless otherwise provided, there shall be only one dwelling per lot.

3. The minimum distance between buildings on the same lot shall be ten feet between main buildings; six feet between main buildings and accessory buildings including accessory dwelling units; and six feet between accessory buildings.

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

24.10.351 SUBSTANDARD R-1 LOT DEVELOPMENT REQUIREMENTS AND REGULATIONS.

1. Two or more vacant, contiguous lots in the R-1, Single-Family Residential District which are each less than fifty feet in width, and which are under common ownership, shall not constitute or be deemed a lawful site for building purposes, unless they are combined to be made conforming with respect to width, or an administrative use permit is obtained for a single-family dwelling for each lot, or unless they are combined and developed as described in subsection (1)(c) below.

40.368

Page 21 ends

a. Where such lots are combined to meet the lot width requirement of an R-1 District (fifty feet in the R-1-5 District, seventy feet in the R-1-7 and R-1-10 Districts), the resultant lot may be used as a building site as provided by this title. b. Lots as described above may be used as a building site for single-family dwellings upon approval of an administrative use permit for each lot. c. Combined lots may be used as a building site for a duplex, triplex, or a series of duplexes and/or triplexes. The total number of units shall not exceed the original number of lots combined. Findings for approval of a use permit and design permit shall be required. (1) Where any existing lot prior to combination is less than thirty-five feet wide, a special use permit shall be required.
(2) Where any existing lot prior to combination is between thirty-five feet and fifty feet wide, an administrative use permit shall be required.

2. The maximum height of structures on lots of thirty-five feet or less in width shall be twentytwo feet.

Section 10. Part 9: R-L Multiple Residence – Low Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.400 PURPOSE.

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

24.10.410 PRINCIPAL PERMITTED USES.

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

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

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

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

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

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

56. Community garden.

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

40.369

Page 22 ends

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

24.10.160.
b. Park and recreational facilities.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.430.

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

24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
b. Temporary structures and uses.
c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities including daycare (except family daycare homes), retirement home, foster home, and nursing home (seven or more persons). c. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except that accessory dwelling units are not subject to approval of a design permit unless located on a substandard lot as defined in Section 24.22.520.
d. Dormitories, fraternity/sorority residence halls, boardinghouses. e. Health facilities for inpatient and outpatient psychiatric care and treatment. f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve. g. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs. h. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.440 USE DETERMINATION.

40.370

Page 23 ends

this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.450 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Unit Type
Single-Family
Detached 2 or More Units
a. Maximum height of buildings
• Principal (feet) 30 30
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (square feet) 5,000 5,500
c. Minimum lot area per dwelling unit
(net) (square feet)
2,200 (1,600 sq. ft. for 1-
bedroom/studios)
d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit
(square feet)
– 400

2. Setback Requirements.
a. The minimum front yard setback shall be fifteen feet except that the front yard may be reduced to not less than ten feet for a portion not to exceed fifty percent of the building frontage, and providing that a total of fifteen square feet of front yard is provided for each lineal foot of total lot frontage.
b. The minimum rear yard setback shall be ten feet.
c. The minimum side yard setback shall be five feet, and or one five additional feet foot of setback for each story three feet of height above the second story, or portion thereof, of a structure, whichever is greater.

40.371

Page 24 ends

(1) There shall be no side yard required for townhouses on interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
(2) The minimum exterior side yard setback shall be eight feet, and five additional feet of setbackor one foot of setback for each three feet of height for each additional story above the second story, or portion thereof, of structure, whichever is greater.
d. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. e. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet. f. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

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

40.372

Page 25 ends

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

Section 11. Part 6: R-M Multiple Residence – Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.500 PURPOSE.

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

24.10.510 PRINCIPAL PERMITTED USES.

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

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

3. Community garden.

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

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

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

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

24.10.530.

67. Supportive and transitional housing.

40.373

Page 26 ends

78. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.
b. Two family dwelling if the lot area exceeds five thousand five hundred square feet. c. Temporary structures and uses.
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
e. Single-family dwellings on substandard lots.
f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities (seven or more persons) including daycare (other than family daycare homes), foster home, nursing home, retirement home. c. Dormitories, fraternity/sorority residence halls, boardinghouses. d. Health facilities for inpatient and outpatient psychiatric care and treatment. e. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. f. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
g. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses. h. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

24.10.540 USE DETERMINATION.

24.10.550 DISTRICT REGULATIONS.

1. General.

40.374

Page 27 ends

Provision
Dwelling Type
Duplex 3 or More Units
Maximum Height of Buildings
Principal (feet) 30 35
Accessory (stories and feet) 1 and 15 1 and 15
Minimum lot area (net) (square feet) 4,400 5,500
Minimum lot area (net) per dwelling unit
(square feet)
2,200 1,450 (1,100 sq. ft. for 1-
bedroom/studios)
Minimum lot width (feet) 50 65
Usable open space per dwelling unit
(square feet)
– 400
200 (1-bedroom/studios)*
* Open space shall be attached or aggregated in a manner that provides usable open space for all units exclusive of setbacks and other small landscape areas less than 10 feet in width. ** Existing lots of 5,500 square feet or greater with a minimum lot width of 50 feet may have 3 or more units if all other RM development standards can be met.

40.375

Page 28 ends

d. There shall be no side yard required for townhouses, or interior lots, except there shall be a minimum side yard setback at the interior end of a townhouse group of five feet, or one foot of setback for each three feet of height, or portion thereof, of a structure, whichever is greater.
e. The minimum exterior side yard setback shall be eight feet, and five additional feet of setbackor one foot of setback for each three feet of height for each additional story above the second story, or portion thereof, of structure, whichever is greater. f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. An existing accessory building built prior to July 1, 2014, with a valid building permit or which is a legal nonconforming structure, that has less than the required side or rear yard setback(s) may be converted into a dwelling unit to create a second unit or duplex on a property if all the requirements of the California Building Standards Code are met as well as the other development standards of the zoning district. The floor area for said second unit shall not exceed ten percent of the net lot area up to a maximum of eight hundred square feet. If additional units are allowed on the property, all such units shall meet development standards of the zoning district.

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

40.376

Page 29 ends

Section 12. Part 6A: R-H Multiple Residence – High-Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.560 PURPOSE.

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

24.10.565 PRINCIPAL PERMITTED USES.

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

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

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

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

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

45. Supportive and transitional housing.

56. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

24.10.570 ACCESSORY USES.

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

1. Garages and parking areas, private;

2. Home occupations subject to home occupancy regulations as provided in Section 24.10.160;

40.377

Page 30 ends

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

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an Administrative Use Permit and may also require a Design Permit per section 24.08.410 in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Expansion of any existing single-family dwelling; (800) b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)
c. Temporary structures and uses;
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
e. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence). e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a Special Use Permit and a Design Permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)
b. Community care facilities including daycare (except family daycare homes), foster homes, nursing and retirement homes for seven or more persons; (850e) c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b) d. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)
e. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)
f. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540) g. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit (570).

24.10.580 USE DETERMINATION.

40.378

Page 31 ends

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.

24.10.585 DISTRICT REGULATIONS.

1. General.

Provision
Dwelling Unit Type
Duplex 3 or More Units
a. Maximum height of buildings
• Principal (feet) 30 48
• Accessory (stories and feet) 1 and 15 1 and 15
b. Minimum lot area (net) (sq. ft.) 4,000 5,000
c. Minimum lot area per dwelling unit (net) (sq. ft.) 2,000 790 d. Minimum lot width (feet) 50 50
e. Usable open space per dwelling unit (sq. ft.) – 250
f. Lot coverage 45% 70%

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

40.379

Page 32 ends

f. Minimum Distance Between Buildings on the Same Lot. Between main buildings, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and accessory buildings, six feet; between accessory buildings, six feet.
g. For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line. h. To preserve the view to Beach Hill down Front Street, the height of the first twentyfive feet of depth along Front Street shall be limited to twenty-four feet.

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

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

24.10.590 FINDINGS REQUIRED.

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

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

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

40.380

Page 33 ends

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

Section 13. Part 7A: R-T(A) Subdistrict A – Medium-Density Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.602 PURPOSE.

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

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses are may be subject to approval of a design permit per section 24.08.410 and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes; (810)
b. Small family daycare facility in single-family home or duplex; (510a) Small and large family daycare homes in residential units.
c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums; (830)

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

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 and are also subject to all other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Single-family dwellings; (810)
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;

40.381

Page 34 ends

c. Multiple dwellings, townhouse dwelling groups, and condominiums (three to nine units); (830)
d. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence);
ce. Supportive and transitional housing in multifamily dwellings (three to nine units). d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

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

24.10.606 USE DETERMINATION.

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

24.10.608 DISTRICT REGULATIONS.

1. General.

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

40.382

Page 35 ends

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

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

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

40.383

Page 36 ends

Section 14. Part 7B: R-T(B) Subdistrict B – Motel Residential-of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.610 PURPOSE.

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

24.10.611 PRINCIPAL PERMITTED USES.

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

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

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

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

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

24.10.612 USE PERMIT REQUIREMENTS.

1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, nine units or fewer (830).
b. Single-family and duplex dwellings (800, 810).
ca. Storage and equipment structures.
db. Temporary structures and uses.
e. The providing of board and room for not more than two paying guests per dwelling unit, when located within principal building.
fc. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
gd. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
h. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
ie. Supportive and transitional housing, nine or fewer units.

40.384

Page 37 ends

uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Coffee shops subject to the live entertainment regulations in Chapter 24.12, Part 2 (280g).
b. Large community care facilities (850e).
c. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).
d. Multiple dwellings, townhouse dwelling groups, and condominiums, ten units or more (840).
ed. Public and private commercial parking (940, 950).
fe. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).
gf. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570). hg. Retirement homes or centers (850b).
ih. Supportive and transitional housing, ten or more units.

24.10.614 USE DETERMINATION.

24.10.616 DISTRICT REGULATIONS.

1. General.

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

40.385

Page 38 ends

Provision
Dwelling Unit Type Medium Density
Residential
1-Family
Detached Duplex 3 or More Units
Other
Uses
(square feet)

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

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

Section 15. Part 7C: R-T(C) Subdistrict C – Beach Commercial of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.618 PURPOSE.

40.386

Page 39 ends

The purpose of the R-T(C) Subdistrict is to establish standards for development of residential uses mixed with neighborhood commercial, motel, and regional tourist commercial use. These standards are designed both to improve existing uses and encourage new developments in a manner that maintains a harmonious balance between residential and regional commercial uses.

New development including residential units or uses within the zone, are encouraged to incorporate Uses for Active Frontage along the site frontage. It is the intent of this zoning that preservation of La Bahia be conducted in accordance with the measures described in the certified final Environmental Impact Report for the Beach and South of Laurel Comprehensive Area Plan.

24.10.619 PRINCIPAL PERMITTED USES.

1. The following uses are allowed, subject to a Design Permit for new construction per section

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

USES FOR ACTIVE FRONTAGE:
a. Food and beverage stores (except liquor stores) (240); fb. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280); RESIDENTIAL USES:
(k)c. Flexible density unit (FDU) housing (fifteen units or fewer) as part of a mixed-use project;
(q)d. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the RT(A) District regulations (830); (r)e. Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) when ground-floor units are designed as Live-Work units consistent with Section

24.12.185.14 and subject to the R-T(A) District regulations (830); cf. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820); eg. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
(v)h. Single-room occupancy (SRO) housing, fifteen units or fewer (860); (p)i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);
gj. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.

COMMERCIAL USES:
bk. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);
dl. Off-site parking fewer than five spaces (930);

40.387

Page 40 ends

(bb)m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring no public hearing.

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

24.10.620 USE PERMIT REQUIREMENT.
(1)1. The following uses require an administrative use permit and may also require a design permit per section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(ab) Acting/art/music/dance studios/schools (610);
(bc) Apparel and accessory stores (250);
(ce) Community organizations, associations, clubs and meeting halls (570); (df) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ei) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (fj) Educational facilities (public/private) (510);
(gl) General merchandise stores (drug and department stores) (230); (hm) Government and public agencies (530);
(in) Home furnishings (270);
(jp) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (ks) Museum and art galleries (600);
(lt) Professional offices associated with a visitor-serving use (400); (mu) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(nw) Specialty retail supply stores (290);
(oz) Video rental (360B);
RESIDENTIAL USES:
(px) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
(qa) Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
(rd) Churches (500);
(sg) Developed parks (710);
(th) Undeveloped parks and open space (700);
(k) Flexible density unit (FDU) housing (fifteen units or fewer) as part of a mixed-use project;
(o) Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence);

40.388

Page 41 ends

(q) Mixed residential and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830);
(r) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830); (v) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (uy) Temporary structures and uses;
(vaa) Sports and recreation facilities, without alcohol sales (720); (wbb) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.
(2)2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (be) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H);
(cf) Financial, insurance, real estate offices (420);
(diii) Fish/seafood wholesale sales (200F);
(ei) Medical/health offices (410);
(fl) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
(gn) Personal services (except contractors’ yards and mortuaries) (310); (ht) Theaters (620);
RESIDENTIAL USES:
(c) Duplexes (810);
(u) Triplexes (820);
(is) Supportive and transitional housing, ten or more units, subject to the R-T(A) District regulations;
COMMERCIAL USES:
(jb) Communication and information (550);
(d) Educational facilities (public/private) (510);
(g) Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project;
(kh) Marine facilities and related uses (560E):
(li) Related research facilities (400L);
(mii) Related storage and warehousing (330);
(j) Mixed residential and commercial developments with noncommercial uses on the ground floor, subject to the R-T(A) District regulations (830); (k) Multiple dwellings, townhouse dwelling groups and condominiums (ten units or more) subject to the R-T(A) District regulations (840);

40.389

Page 42 ends

(nm) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use; (p) Single-family residences if lot size does not allow multifamily development (800); (q) Single-room occupancy (SRO) housing, sixteen units or more (860); (pr) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(qv) Utilities and resources (540).

24.10.622 USE DETERMINATION.

24.10.624 DISTRICT REGULATIONS.

1. General.

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

2. Other Requirements.
a. When located across a street from Subdistrict A, parking and loading facilities shall be at least ten feet distant from said property line, and buildings and structures at least fifteen feet from said property line.
b. The minimum distance between buildings shall be six feet or one foot of setback for each two feet of height of, or portions thereof, a structure, whichever is greater. c. For any attached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line, to the entrance of the garage.

40.390

Page 43 ends

d. Other regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12.
e. Height:
e.1. Maximum Building Height: Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of twenty feet so as not to be visible by pedestrians. • Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review. e.2. Minimum Building Height: Not less than two stories, of which the first floor retail, restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.
f. Design: All development must be in compliance with adopted design guidelines.

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

40.391

Page 44 ends

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

Landscaping shall be maintained in an attractive condition. k.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. l. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following: carpooling requirements, transit subsidies, employee shuttle service, and/or

40.392

Page 45 ends

• provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

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

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

24.10.624.1 FINDINGS REQUIRED.

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

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

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

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

Section 16. Section 24.10.625.4 – Use Determination of Part 7C.1: R-T(C)/PER: Subsidtrict C – Beach Commercial/Performance Overlay Zone of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.625.4 USE DETERMINATION.

Section 17. Part 7D: R-T(D) Subdistrict D – Beach Residential of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

24.10.626 PURPOSE.

40.393

Page 46 ends

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

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per section 24.08.410, Conservation Overlay District (Section 24.10.4000) and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more. (830, 840)
ba. Single-family and duplexes (800, 810);
cb. Storage and equipment structures, if ancillary to principal residential use; dc. Small family daycare homes in single-family homes or duplexes (510a); Small and large family daycare homes in residential units.
ed. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings; fe. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; gf. Supportive and transitional housing in single-family home or duplex.

24.10.628 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410, as well as and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Small community care residential facilities.
b. Temporary structures and uses.
c. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
d. Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence).
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

40.394

Page 47 ends

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

24.10.630 USE DETERMINATION.

24.10.632 DISTRICT REGULATIONS.

1. General.

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

40.395

Page 48 ends

Dwelling Units
First Story Second Story Other Uses
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

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

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

40.396

Page 49 ends

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

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

24.10.633 CERTIFICATE OF OCCUPANCY REQUIRED.

In order to ensure safe and sanitary housing and rehabilitation of structures within the RT(D) District, a valid Certificate of Occupancy shall be required for each transfer of the property within the district. Certificates will not be issued for properties with a recorded Notice of Violation. Certificates will be issued when units comply with applicable codes.

Section 18. Part 7E: R-T€ Subdistrict E – Beach Medium/High Density of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

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

40.397

Page 50 ends

24.10.635 PURPOSE.

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

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require subject to a design permit per section

24.08.410 as well as and other requirements of the Municipal Code:
a. Duplex dwellings.
b. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. bc. Small family daycare. Small and large family daycare homes in residential units. cd. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings.

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit, and may also require a design permit per section 24.08.410, and as well as other requirements of the Municipal Code:
a. Educational and cultural institutions.
b. Community care facilities.
c. Multiple dwellings, townhouse dwelling groups and condominiums, six units or fewer. dc. Single-family dwellings on substandard lots.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit, and may also require a design permit as well as and other requirements of the Municipal Code.:
a. Multiple dwellings, townhouse dwelling groups and condominiums, seven units or more, subject to the approval of the city council upon recommendation of the zoning board. b. Large family daycare facilities.
ca. Recreational buildings and community centers.
db. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
ec. Public and private commercial parking, subject to landscaping and design standards.

Non-conforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

24.10.638 USE DETERMINATION.

40.398

Page 51 ends

required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

24.10.640 DISTRICT REGULATIONS.

These regulations apply to all development within the RTE subdistrict.

1. General.

Provision Dwelling Unit Type Other
Duplex 3+ 7+ Uses
a. Height of buildings
Maximum (feet) 22 22 36 36
b. Minimum lot area (net) (square feet) 3,400 6,800 10,200 10,200 c. Minimum lot area (net) (square feet) per
dwelling unit
1,700 1,450 1,200 –
d. Minimum lot width (feet) 40 65 80 80
e. Open space/dwelling unit (square feet) 400 400 400 – Setbacks First Story Second Story Third Story
f. Front yard (feet) 5 10 10*
g. Rear yard (feet) 10 10 10*
h. Side yard, each side (feet) 3 5 5
Total both sides (feet) 6 10 10
* Front and rear yards are subject to building envelope. See Setbacks and Height, subsection (2)(a) of this section.

2. Other Requirements/Standards:
a. Setbacks and Height: Multiple-story developments shall minimize scale through upper story setbacks, articulated building elements, and other similar design techniques. a.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet from the property line.
• Second-story elements of buildings must be set back ten feet from the property line.
• For three stories, the height of the building must be contained within the building envelope as shown in the following:

40.399

Page 52 ends

a.2. Multi-story buildings or portions of buildings constructed within thirty feet of the Conservation Overlay District shall step-down toward the conservation neighborhood to transition to the adjacent smaller scale conservation area, and shall be no taller than two stories or twenty-three feet at the mid-point of the roof. b. Design: All development must be in compliance with adopted Design Guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures employ California Bungalow, Craftsman, or Spanish Resort Style as described in the Design Guidelines. b.2. Spanish Resort Style buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details.

Building forms shall suggest thick masonry and incorporate features such as recessed doors and windows. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and molding.
b.3. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. b.4. California Bungalow and Craftsman-styled buildings shall incorporate appropriately sloped roofs, stucco and/or wood walls, overhangs, porches, trellises, and balconies. Doors and windows shall be of wood (or other durable material that emulates the scale, proportion and appearance of wood). c. Parking: All parking shall be located within the rear or at the rear of main structures.

Private residential parking lots shall be screened from the public right-of-way, and shall meet the requirements of Section 24.12.240, in addition to the following requirements. c.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback, and twenty feet from the front property line. c.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to twenty feet. c.3. Driveways shall be minimized to maximize land use efficiency and the provision of open space and landscaping.

40.400

Page 53 ends

c.4. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area; the district develops a suitable parking facility; and the development pays an in-lieu parking fee, or the development identifies and develops a suitable permanent parking facility, • off-site parking must be within five hundred feet of the development and secured by ownership or a long-term lease, including a deed restriction limiting the property’s use for the required parking.
c.5. City parking standard requirements may be reduced in the following manner:
one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if one of the following provisions is met:
• at least fifty percent of new units are two bedrooms or more, or • for units which meet the city’s definition of “affordable.” c.6. Where there is joint recreational and seasonal commercial parking use of a site, turf may be substituted for paved surfaces.
d. Open Space: Each development shall provide four hundred square feet of usable open space per unit. This requirement may be met through the provision of balconies and/or decks, patios over eight feet in depth, and landscaped front and rear yards over ten feet in depth. The provision of open space may be reduced to two hundred fifty square feet per dwelling unit, if the development meets one of the following criteria:
• projects providing at least fifty percent of the development as two bedroom units; • projects providing community facilities such as a community center and/or a childcare facility. e. Siting: All development shall be sited to create a harmonious streetedge, and to blend into rather than dominate the street.
e.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. e.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may project up to fifty percent of the front yard setback requirement. e.3. Courtyard-style developments, providing common usable open space, may provide a single, common entryway facing the street.
f. Landscaping: Landscaping shall be in compliance with the Design Standards. f.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches. All landscaping areas shall be provided with automatic irrigation systems to facilitate the maintenance of the landscape. Landscaping shall be maintained in an attractive condition.
f.2. Permanent containers for flowering plants, or similar narrowscape landscaping concepts, are encouraged for use in limited space areas, at entries and in courtyards and plazas at entries and in courtyards and plazas.
f.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.

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

40.401

Page 54 ends

24.10.641 FINDINGS REQUIRED.

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

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

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

Section 19. Part 8: C-C Community Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 8: C-C COMMUNITY COMMERCIAL DISTRICT

24.10.700 PURPOSE.

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

24.10.710 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Auto supply stores (260C);
d. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Financial, insurance, real estate offices (420);
f. Financial services (320);
g. Food and beverage stores (except liquor and convenience stores) (240); h. General retail merchandise (drug and department stores) (230); i. Home furnishing stores (270);
j. Medical/health offices (except veterinarians and ambulance services) (410); l k. Museums and art galleries (600);

40.402

Page 55 ends

o l. Professional/personal service (except contractors’ yards and mortuaries) (310); p m. Repairs, alterations and maintenance services for household items (except boat repair) (340);
r n. Small preschool/childcare (twelve or fewer) (510A); t o. Specialty retail supply stores (290); except thrift stores (290m); u p. Theaters (620);
v q. Video rental (650).

RESIDENTIAL USES:

L r. Flexible Density Unit (FDU) Housing
s. Mixed residential and commercial/office developments involving permitted or administrative uses allowed commercial uses, on the ground floor and from three to nine multiple dwellings or condominiums either above the first floor or on the same lot; t. Multiple dwellings or condominiums, three to nine units when ground-floor units are designed as Live-Work units consistent with Section 24.12.185. 14 and subject to the minimum (net) land area per dwelling unit of the R-M District (830); k u. One- or two-multiple-family units when located above the first floor with no additional parking required (830);
v. Single-room occupancy (SRO) housing, fifteen units or fewer (860); q w. Small community care residential facilities;
s x. Small family daycare facility in single-family home or duplex; Small and large family daycare homes in residential units;
COMMERCIAL USES:
my. Off-site public/private parking facilities, five or fewer spaces (930); nz. Professional offices (400).
aa. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.720 ACCESSORY USES.

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

24.10.730 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE:
da. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;

40.403

Page 56 ends

eb. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c.h. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Community organizations, associations, clubs and meeting halls (570); e.m. Educational facilities (public/private) (510);
f.p. Government and public agencies (530);
gx. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; hz. Thrift stores (290m);
i.cc. Veterinarians (410A);
o. Foster family homes;
t. Multiple dwellings or condominiums, three to nine units subject to the minimum (net) land area per dwelling unit of the R-M District (830);
d. Single-room occupancy (SRO) housing, fifteen units or fewer (860); a. Flexible Density Unit (FDU) Housing
COMMERCIAL USES:
aj. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
bk. Ambulance services (410B);
cl. Auto services and repair subject to performance standards in Section 24.12.900 (350);
mf. Boat repairs (340D);
ng. Building materials/garden supplies (220);
oi. Churches (500);
pj. Communication and information services (550);
ql. Developed parks (710);
rn. 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);
sq. Lodging (300);
r. Mixed residential and commercial/office developments involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor;
ts. Motor vehicle dealers and supplies (260);
u. Off-site public/private parking facilities, five or more spaces (930); v. Recycling collection facilities;
wy. Temporary structures and uses;
xaa. Undeveloped parks and open space (700);
ybb. Utilities and resources (540);
zdd. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations

40.404

Page 57 ends

that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

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

RESIDENTIAL USES:
d. Large family daycare;
ec. Community care facilities;
COMMERCIAL USES:
fb. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; ge. Contractor/building (310E);
hg. Fabricated metal products (manufacturing) (150);
ih. Fabricated wire products (manufacturing) (155A);
ji. Food and beverage preparation (manufacturing) (100); kj. Furniture and fixtures (manufacturing) (120);
lk. Hospitals (520);
ml. Laboratory research experimentation, testing, software development; nm. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; on. Local/interurban passenger transit (bus, cab) (560B); po. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
p. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840); q. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); qr. Mortuaries (310I);
rs. Motion picture production (manufacturing) (155E);
su. Rental services (360);
v. Single-room occupancy (SRO) housing sixteen units or more (860); tw. Solar equipment (manufacturing) (155C);
ux. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
vy. Stone, clay, glass products (manufacturing) (140);
wz. Storage and warehouse when connected with permitted use (330);

40.405

Page 58 ends

xaa. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
ybb. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);

24.10.740 USE DETERMINATION.

24.10.750 DISTRICT REGULATIONS.

1. General.

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

40.406

Page 59 ends

• Rear-yard 0 *
• Interior 0 *
• Exterior 0 *,**
d. Open space per unit (residential only)
• Private (sq. ft.) 40100
• Common (sq. ft.) and easily accessible to residential units 80150 e. Distance between buildings on same lot 10
* Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said R-District, subject also to the requirements of Section 24.12.185.10 as applicable. ** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

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

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

3. New development including residential units or uses, with the exception of projects consisting of 100% SRO units, shall incorporate either
a Uses for Active Frontage as listed in the allowed uses for the zone along a minimum of 50% of the length of the site frontage; or
b. Where exclusively residential development is proposed, all ground floor units at the primary site frontage, as defined in Section 24.12.185 shall be developed as live-work units as defined in 24.12.185.14.

Section 20. Part 9: MU-M Mixed-Use Medium Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

Part 9: MU-M MIXED-USE MEDIUM DENSITY DISTRICT
* Editor’s Note: Former Part 9, previously codified herein was repealed in its entirety by Ord. 94-33 § 34.

40.407

Page 60 ends

24.10.800 PURPOSE.

To promote the development of a harmonious mixture of a wide variety of commercial activities including limited industrial uses, if they are compatible and nuisance free, in conjunction with condominiums and apartments; to stabilize and protect the commercial characteristics of the district; and to promote a walkable, dynamic, and efficient environment for residents, businesses, and workers. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 for design standards.

24.10.801 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

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. 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

40.408

Page 61 ends

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

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

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

22. Supportive and transitional housing.

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

COMMERCIAL USES:

24. Professional offices (400);

25. Communication and information services (550);

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

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

28. Government and public agencies (530);

29. Houses of worship/religious facilities (500)

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

24.10.802 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

40.409

Page 62 ends

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

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

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

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls,
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);

40.410

Page 63 ends

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

24.10.803 USE DETERMINATION.

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

24.10.804 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 3 & 40
• Mixed use (stories and feet) 4 & 45
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4500
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)

40.411

Page 64 ends

e. Setbacks
• Front-yard 0**
• Rear-yard 15*
• Interior Side 0*
• Exterior Side 8*, **
f. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and accessible to residential
units
80 g. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

3. Where mixed-use is proposed, residential and commercial uses may be mixed either horizontally on the same parcel, or vertically within the same structure. In all cases, Uses for Active Frontage shall occupy the site frontage to the dimensions required by Section 24.12.185.

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

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

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

24.10.805 PARKING.

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

40.412

Page 65 ends

Section 21. Part 9B: MU-OM Mixed-Use Ocean Street Medium Density District of Chapter

24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

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

24.10.820 PURPOSE.

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

24.10.821 PRINCIPAL PERMITTED USES.

USES FOR ACTIVE FRONTAGE:

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

2. Apparel and accessory stores (250);

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

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

5. Financial services (320);

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

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

8. Home furnishing stores (270)

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

10. Museums and art galleries (600);

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

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

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

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

15. Theaters (620);

40.413

Page 66 ends

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);

28. Houses of worship/religious facilities (500)

29. Lodging (300);

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

31. Professional offices (400);

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

24.10.822 USE PERMIT REQUIREMENT.

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

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

40.414

Page 67 ends

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:

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.

40.415

Page 68 ends

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

24.10.823 USE DETERMINATION.

24.10.824 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum
• Commercial-only (stories and feet) 3 & 45
• Mixed use (stories and feet) 3 & 40
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16

40.416

Page 69 ends

• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4000
e. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)
f. Setbacks
• Front-yard 0**
• Rear-yard 1*
• Interior 0*
• Exterior 8*, **
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to
residential units
80 h. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of residential and commercial development is encouraged, and residential-only development is not permitted.

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

24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the Ocean street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.

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

40.417

Page 70 ends

24.10.825 PARKING.

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

Section 22. Part 9C: MU-OH Mixed-Use Ocean Street High Density District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

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

24.10.830 PURPOSE.

To encourage high-quality neighborhood- and visitor-serving commercial development along Ocean Street and adjacent thoroughfares, particularly hotels and motels, while accommodating other multi-story commercial development in both exclusively commercial and medium-density mixed-use developments within larger buildings oriented toward Ocean Street and Broadway, and using building height and massing to create a sense of place, while promoting a vibrant and pedestrian oriented environment for residents, workers and visitors consistent with the Ocean Street Area Plan. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. Also refer to Section 24.12.185 and the Ocean Street Area Plan for design standards.

24.10.831 PRINCIPAL PERMITTED USES.

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);

40.418

Page 71 ends

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.

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);

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

24.10.832 USE PERMIT REQUIREMENT.

40.419

Page 72 ends

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:

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

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

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.

40.420

Page 73 ends

g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

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

24.10.833 USE DETERMINATION.

24.10.834 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings – Maximum

40.421

Page 74 ends

• Commercial-only (stories and feet) 4 & 55
• Mixed use (stories and feet) 4 & 50
• Additional height for volumetric modular,
factory-built housing (stories and feet)
0 & 2 + (1 per residential story)
• Accessory 1 & 20
b. Height of buildings – Minimum
• Commercial or Mixed Use 1 &16
• Accessory No Minimum
c. Floor Area Ratio, minimum to maximum 0.75 to 1.75
d. Lot Area for creating new parcels – Minimum (net)
(sq. ft.)
4000
e. Required lot area per dwelling unit 1,452 (no requirement for 1- bedroom/studios/ SROs/FDUs)
f. Setbacks
• Front-yard 0**
• Rear-yard 10*
• Interior 0*
• Exterior 8*, **
g. Open space per unit (residential)
• Private (sq. ft.) 40
• Common (sq. ft.) and easily accessible to
residential units
80 h. Distance between buildings on same lot 10
* Where a Mixed-Use District abuts a residential district, the setbacks for the first three stories shall be as listed, or as required for the adjacent residential district, whichever is greater. When mixed-use development is proposed, above three stories or 35 feet (whichever is less), a neighborhood transition plane at 45 degrees shall apply per 24.12.185
** Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.

2. Commercial uses are required with any new development proposal, and Uses for Active frontage must be incorporated on any Ocean Street frontage. Development with a mix of

40.422

Page 75 ends

residential and commercial development is encouraged, and residential-only development is not permitted.

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

24.12.185.

4. Residential units shall not be located on any Ocean Street frontage, but may be located on the ground floor of mixed-use buildings, or on the ground floor of residential buildings on sites where a commercial or mixed use building occupies the street frontage. Residential units can occupy up to 50% of the frontage on thoroughfares other than Ocean Street.

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

24.10.835 PARKING.

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

Section 23. Part 11: C-N Neighborhood Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 11: C-N NEIGHBORHOOD COMMERCIAL DISTRICT

24.10.1000 PURPOSE.

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

24.10.1010 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE:
a. Eating and drinking establishments (except bars and fast-food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

40.423

Page 76 ends

b. Financial, insurance, real estate offices (420);
cd. Food, beverage stores (except liquor and convenience stores) (240); de. Hardware stores (indoor sales only) (220A);
ef. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410); fj. Professional/personal service (except contractors yards and mortuaries) (310); RESIDENTIAL USES:
g. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);
hk. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.
il. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
Multiple dwellings and condominiums, three to nine units when located above first floor commercial uses, subject to the minimum land area per dwelling unit of the R-L District (830);
COMMERCIAL USES:
jc. Financial services (320);
kh. Off-site public/private parking facilities five or fewer spaces (930); li. Professional offices (400);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring no public hearing.

24.10.1020 ACCESSORY USES.

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

24.10.1030 USE PERMIT REQUIREMENT.

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

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

40.424

Page 77 ends

hr. Specialty retail supply stores (290);
it. Veterinarians (410A);
RESIDENTIAL USES:
jq. Small community care residential facilities;
COMMERCIAL USES:
ka. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
ld. Auto supply stores (260C);
me. Churches (500);
nf. Community organizations, associations, clubs and meeting halls (570); og. Educational facilities (public/private) (510);
h. Family daycare homes and foster family homes;
pm. Parks and open spaces (700);
qo. Recycling collection facilities;
rs. Temporary structures and uses;
su. Video rental (650);
tv. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

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

USES FOR ACTIVE FRONTAGE:
ab. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); bc. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; cf. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); di. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; RESIDENTIAL USES:
ed. Community care facilities;
fe. Community care residential facilities;
COMMERCIAL USES:
ga. Auto services and repair, subject to performance standards in Section 24.12.900 (350);
hg. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
h. Large family daycare facilities;

40.425

Page 78 ends

j. Two or more stand-alone multiple-family units subject to the minimum land area (net) per dwelling unit of the R-L District (830);
k. Multiple dwellings and condominiums, ten or more units when located either in the same lot or above first floor commercial development, subject to the minimum land area (net) per dwelling unit of the R-L District (840);
il. Off-site public/private parking facilities, five or more spaces (930); jm. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
kn. Storage and warehouses with permitted retail (330).

24.10.1040 USE DETERMINATION.

24.10.1050 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings –
Maximum
• Commercial and mixed use
(stories and feet)
2 & 30
• Accessory (stories and
feet)
1 & 15
b. Minimum Lot Area (net)
(sq. ft.)
• Commercial or residential 5,000
• Mixed use 8,000
c. Setbacks
• Front (feet) 10*,**
• Rear (feet) 0*
• Side
• Interior 0*
• Exterior 10

40.426

Page 79 ends

Provisions Requirement
d. Open space per unit
(Residential only)
• Private (sq. ft.) 10040
• Common (sq. ft.) and
easily accessible to
residential units
15080
e. Distance between
buildings on same lot (feet)
10 * Except where abutting an R-District, then not
less than the minimum yard required for the
adjacent yard in the said R-District.
** Except where special street setback
requirements for designated streets apply, then
the setback shall be added to the minimum
setback listed in Section 24.12.115 for affected
streets.

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

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

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

Section 24. Part 12: C-B Beach Commercial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 12: C-B BEACH COMMERCIAL DISTRICT

24.10.1100 PURPOSE.

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

24.10.1110 PRINCIPAL PERMITTED USES.

40.427

Page 80 ends

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

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); e. Food and beverage stores (except convenience/liquor stores) (240); f. General merchandise (drug and department stores) (230); g. Handicraft shops and workshops;
hl. Museums and art galleries (600);
in. Personal/professional services (except contractors’ yards and mortuaries) (310); jq. Specialty retail supply stores (290); except thrift stores (290m); RESIDENTIAL USES:
k. One or two multiple-family units when located above the first floor with no additional parking required (830);
lp. Small family daycare facilities, in single-family home or duplex; Small and large family daycare homes in residential units.
m. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums either on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
COMMERCIAL USES:
nd. Financial, insurance, real estate offices above first floor (420); oh. Lodging (300);
pi. Marine facilities (560E);
qj. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;
rm. Off-site public/private parking facilities, five or fewer spaces (930); so. Professional offices above first floor (400);
tr. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
us. Theaters (620);
vt. Video rental (650).
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

24.10.1120 ACCESSORY USES.

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

40.428

Page 81 ends

24.10.1130 USE PERMIT REQUIREMENT.

USES FOR ACTIVE FRONTAGE:
ac. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); be. Educational facilities (public/private) (510);
cg. Fish/seafood/wholesale (200F);
di. Home furnishings (270B);
ep. Thrift stores (290m);
fq. Professional offices associated with a visitor-serving use; COMMERCIAL USES:
ga. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
hb. Community organizations, associations, clubs and meeting halls (570); id. Churches (500);
jf. Financial services (320);
kh. Government and public agencies (530);
lj. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; k. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
l. Multiple dwellings and condominiums, three to nine units, subject to the minimum land area (net) per dwelling unit of the R-M District (830); m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
pr. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

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

USES FOR ACTIVE FRONTAGE:
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; cb. 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);

40.429

Page 82 ends

gc. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
RESIDENTIAL USES:
d. Group quarters (850);
COMMERCIAL USES:
b. Large family daycare facilities;
e. Mixed residential and commercial developments with ten or more multiple dwellings or condominiums, either above the first floor or on the same parcel, subject to the minimum land area (net) per dwelling unit of the R-M District (840); f. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); he. Off-site public/private parking facilities, five or more spaces (930); if. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

24.10.1140 USE DETERMINATION.

24.10.1150 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of Building – Maximum
• Commercial and
Mixed Use (stories and
feet)
3 & 40
• Accessory 1 & 20
b. Lot area minimum (net) (square feet)

• Commercial or
residential
5,000
• Mixed Use 8,000
c. Setbacks
• Front yard 0**

40.430

Page 83 ends

Provisions Requirement
• Rear yard 0*
Side yard
• Interior 01
• Exterior 0*, **
d. Open Space Per Unit (Residential Only)
• Private (square feet) 10040
• Common (square feet)
and easily accessible to
residential units
15080
e. Distance between
buildings on same lot
10 * Except where abutting an R-District, then not
less than the minimum yard required for the
adjacent yard in the said R-District.
** Except where special street setback
requirements for designated streets apply, then
the setback shall not be less than the minimum
setback listed in Section 24.12.115 for affected
streets.

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

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

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

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

40.431

Page 84 ends

b. Design: All development must be in compliance with adopted Design Guidelines.

Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. Fantasy Victorian is encouraged for recreational and entertainment development.
b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.
b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows. b.4. Building walls shall be stucco and colored white, off-white or very light value, warm-toned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.
b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.
b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance. c. Siting:
c.1. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.
c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian. c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
d. Accessibility:
d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.
d.2. Access must be aesthetically integrated within the development. e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street. For that reason, development shall be required to build to the property line adjacent to Beach Street. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.
f. Parking:
f.1. Surface or structured parking may be constructed if the parking is visually screened and/or separated from the street by commercial development of at least fifty feet in depth.

40.432

Page 85 ends

f.2. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings. • The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements. • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.
f.3. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall or a combination of these elements.
f.4. Surface lots must be planted with trees to reduce heat and glare, that include at least fifteen percent of the surface area to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot. f.5. Off-site parking may be permitted within this subdistrict if:
• the city establishes a parking district for the area, the district develops a suitable parking facility, and the development pays an in-lieu parking fee; or • the development identifies and develops a suitable permanent parking facility; or • the development secures and provides evidence of a long-term lease from a suitable permanent parking facility.
g. Landscaping:
g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition. g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue. h. Transit: All development proposals within the RTC shall:
• discourage employee automotive use by instituting one or more of the following:
carpooling requirements, transit subsidies, employee shuttle service, and/or • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

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

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

24.10.1160 FINDINGS REQUIRED.

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

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

40.433

Page 86 ends

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

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

Section 25. Part 13: P-A Professional and Administrative Office District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 13: P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT* * Editor’s Note: Former Part 13, C-H Heavy Commercial District, previously codified herein and containing portions of Ords. 87-22 and 88-26 was repealed in its entirety by Ord. 93-21 § 8, 5-25-93.

24.10.1200 PURPOSE.

To provide a district for business and professional offices. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan. New development including residential units or uses within the zone shall incorporate Uses for Active Frontage along the site frontage.

Also refer to Part 43, Sections 24.10.4300 et seq. for properties within the Mission Street Urban Design Overlay District.

24.10.1210 PRINCIPAL PERMITTED USES.

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

USES FOR ACTIVE FRONTAGE:
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
cd. Professional offices (400);
de. Professional/personal services (except contractors yards and mortuaries) (310); ef. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); fg. Museums and art galleries (600);
RESIDENTIAL USES:
gf. Duplexes together with an allowed commercial use (820); h. Multiple dwellings and condominiums, together with an allowed commercial use andtwo to nine units, subject to minimum land area requirements of R-M District (830); ih. One to two units above ground floor office use with no additional parking required (810).
ji. Small family daycare facility in a single-family home or duplex. Small and large family daycare homes in residential units.

40.434

Page 87 ends

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

24.10.1220 ACCESSORY USES.

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

24.10.1230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
ab. Acting/art/music/dance studios and schools (610);
bc. Churches (500);
cd. Communication and information services (550);
de. Community organizations, associations, clubs and meeting halls (570); eg. Educational facilities (public/private) (510);
fi. Government and public agencies (530);
gn. Veterinarians (410A);
RESIDENTIAL USES:
f. Duplexes (820);
jh. Mobilehomes if lot area cannot accommodate multifamily (870); mi. Single-family residences if lot area cannot accommodate multifamily (810); COMMERCIAL USES:
aj. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
hk. Large family daycare homes and fosterFoster family homes; k. Multiple dwellings and condominiums, two to nine units, subject to minimum land area requirements of R-M District (830);
l. Off-site public/private parking facilities, five or more spaces (930); om. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

40.435

Page 88 ends

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

24.10.1240 USE DETERMINATION.

24.10.1250 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and
feet)
2 & 25
• Accessory (stories and
feet)
1 & 15
b. Minimum lot area (net)
(sq. ft.)
5,000
c. Front yard (feet) 10*
d. Rear yard (feet) 5**
e. Side yard
• Interior (feet) 0**
• Exterior (feet) 10*
f. Distance between
buildings on same lot (feet)
10 * Except that the front yard and the exterior side
yard may be reduced to not less than six (6) feet,

40.436

Page 89 ends

Provisions Requirement
for a portion not to exceed fifty (50%) percent of
the building frontage, and providing that a total of
ten (10) square feet of front yard is provided for
each lineal foot of total lot frontage.
** Except where abutting an R- District, then not
less than the minimum yard required for the adjacent
yard in the R-District.

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

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

Section 26. Section 24.10.1320 – Use Determination of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1320 USE DETERMINATION.

Any other uses or service establishments that are determined by the zoning administrator to be of the same general nature character as the foregoing uses, and which; those that will not impair the present or potential use of adjacent properties and are consistent with the policies of the Port District Master Plan and the Local Coastal Land Use Plan, may be permitted allowed by special use permit. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits, of this title. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator.

Section 27. Part 16: General Industrial District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1500 PURPOSE.

To encourage sound industrial development by providing and protecting an environment for such development, subject to regulations necessary to ensure the purity of the land, air, and waters in Santa Cruz County, and the protection of nearby residential, commercial, and industrial uses of the land from hazards, noise, and other disturbances. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

24.10.1505 PRINCIPAL PERMITTED USES.

40.437

Page 90 ends

1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Acting/art/music/dance schools and studios (610);
b. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; c. Financial, insurance, real estate offices (420);
d. Food and beverage preparation (100);
e. Furniture and fixtures (120);
f. Laboratories and related facilities for research, experimentation, testing, film processing, software development, including cannabis testing; g. Medical/health offices/laboratories (410);
h. Millwork textile products (105);
i. Printing and publishing or lithographic shops and plants; j. Professional offices (400);
k. Professional/personal service (except mortuaries) (310); l. Rental service (360);
m. Repair, alterations, maintenance (except boat repairs) (340); n. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex;
o. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices if operated in an area no greater than three thousand square feet, and no hazardous materials are used during the operation; p. Storage warehousing (330);
q. Wholesale trade durable goods (210);
r. Wholesale trade nondurable goods (200).

24.10.1510 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;

40.438

Page 91 ends

e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Large family daycare;
cd. Group quarters (850);
de. Multiple dwellings or condominiums subject to R-M District regulations (830, 840);

40.439

Page 92 ends

ef. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
fg. Paper and allied products subject to performance standards (125); gh. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
hi. Primary metals and material subject to performance standards (145); ij. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
jk. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; kl. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
lm. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

24.10.1520 ACCESSORY USES.

Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.

24.10.1525 PROHIBITED USES.

1. Any manufacturing use involving the primary production of products from new materials found to be incompatible with the neighborhood or the city as a whole based on noise, odor, air quality or other adverse environmental impact shall be prohibited.

2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.

3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.

24.10.1530 USE DETERMINATION.

40.440

Page 93 ends

24.10.1540 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings –
Maximum
• Principal (feet) 50
• Accessory (feet) 25
b. Minimum lot area (net)
(sq. ft.) 20,000
c. Front yard (feet) 20
d. Rear yard (feet) 10**
e. Side yard
• Interior (feet) 0*
• Exterior (feet) 10
f. Distance between
buildings on same lot (feet) 10
g. Lot coverage –
Maximum (percent) 80**
* Except where abutting the boundary of any
other zoning district, then not less than the
minimum yard required for the adjacent yard in
said abutting zoning district.
** Up to an additional five percent of surfaced
area may be installed if that area serves as a
usable outdoor employee amenity such as
recreation or eating facilities, children’s play area
or similar features.

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

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

40.441

Page 94 ends

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

Section 28. Part 16B: IG/PER-2: General Industrial District/Performance District of Chapter

24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added under Part 16B of Chapter 24.10 as follows:

24.10.1600 PURPOSE.

The purpose of this General Industrial Performance District is to modify the normal general industrial land use classifications to provide for and encourage appropriate uses for economic development of the Westside industrial lands.

24.10.1605 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright, subject to other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Acting/art/music/dance schools and studios (610);
b. Adult school/work force training (510F);
c. Building materials/garden supply stores (220) with less than forty thousand square feet including indoor floor area and outdoor storage, display, or sales area. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply. d. Communication and information services (550);
e. Financial, insurance, real estate offices (420);
f. Fabricated metal products (150);
g. Food and beverage preparation and production (100);
h. Furniture and fixtures (120);
i. Medical/health offices/laboratories, including cannabis testing (410); j. Millwork textile products (105);
k. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
l. Primary metals and material subject to performance standards (145); m. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
n. Printing and publishing or lithographic shops and plants; o. Professional offices (400);
p. Professional/personal service (except mortuaries) (310); q. Rental service (360);
r. Repair, alterations, maintenance (including boat repairs) (340);

40.442

Page 95 ends

s. Small and large family daycare homes in residential unitsfacility in a single-family home or duplex;
t. Start-up fabrication assembly or packaging from light metals, prepared materials, or prefabricated parts, including electrical devices;
u. Stone, clay, glass design and production (140);
v. Storage warehousing (330);
w. Technology related research and development facilities and products; x. Wholesale trade durable goods (210);
y. Wholesale trade nondurable goods (200).

24.10.1610 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
h. Forestry services (010);
i. Leather tanning (110);
j. Off-site public/private parking facilities, five or more spaces (930); k. Temporary structures;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

40.443

Page 96 ends

occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Large family daycare homes;
cd. Food and beverage stores (except liquor and convenience stores) (240); de. Government and public agencies (530);
ef. Group quarters (850);
fg. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); gh. Paper and allied products subject to performance standards (125); hi. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
ij. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; jk. Transportation facilities (560).

24.10.1615 ACCESSORY USES.

1. Uses and buildings customarily appurtenant or incidental to uses listed in Section 24.10.1510 subject to the provisions of Section 24.12.140, including service facilities such as bank ATMs, cafeterias, employee recreation centers, daycare and other similar installations; intended solely for use by the occupants of a principal permitted use or uses.

2. Incidental retail sales unrelated to cannabis are a permitted use if:
a. The incidental retail sales are directly related to and supportive of a permitted or conditionally permitted use operating on the site; and
b. The incidental retail sales area occupies no more than twenty percent of the gross building floor area used or one thousand square feet, whichever is less, and occupied by the permitted or conditionally permitted use; and
c. The incidental retail sales have hours of operation similar to or less than the related permitted or conditionally permitted use except that the hours should not exceed 8:00 a.m. to 10:00 p.m.

40.444

Page 97 ends

24.10.1620 PROHIBITED USES.

2. No use which either produces or utilizes asbestos in any manufacturing process shall be permitted.

3. Refinery of petroleum products or other industrial activities in support of off-shore oil drilling shall not be permitted.

24.10.1630 USE DETERMINATION.

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

Section 29. Section 24.10.1780 – Use Determination of Part 18B: P-F Public Facilities District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1780 USE DETERMINATION.

Section 30. Part 19: E-A: Exclusive Agriculture of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

Part 19: E-A EXCLUSIVE AGRICULTURAL DISTRICT

24.10.1800 PURPOSE.

To preserve in agricultural use land presently best suited to that use, and intended for eventual development in other uses pending proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development will occur. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

40.445

Page 98 ends

24.10.1810 PRINCIPAL PERMITTED USES.

1. Agriculture, as defined herein;

2. Animal farm;

3. Crop and tree farming;

4. Ranch and farm dwellings incidental to a principal agricultural use;

5. Stables, barns, silos, and windmills.

24.10.1820 ACCESSORY USES.

1. Customary incidental home occupations, as provided in Section 24.10.160 herein;

2. Guest houses and guest rooms;

3. Living quarters for persons regularly employed on the premises, but not including labor supply camps;

4. Offices incidental and necessary to the conduct of a permitted use;

5. Roadside stands, not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises;

6. The providing of board and room for not more than five paying guests;

7. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings, and Section 24.10.1830.

24.10.1830 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Daycare (other than family daycare homes) and foster homes for children; b. Eating and drinking establishments;
c. Foster family homes;
d. Guest ranches;
e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures;
g. Veterinary hospitals and clinics;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. 2. The following uses are subject to approval of a special use permit and a design permit:
a. Agricultural processing plant;
b. Group care homes;
c. Helipads;
d. Institutions for children or the aged;
e. Kennels and riding stables;
f. Off-street parking facilities serving commercial districts within three hundred feet of the site;
g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities;
h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs;

40.446

Page 99 ends

i. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps.

24.10.1840 USE DETERMINATION.

24.10.1850 DISTRICT REGULATIONS.

1. General.

Provisions Requirement
a. Height of buildings –
Maximum
• Principal (stories and feet) 3 & 50
• Accessory (stories and feet) 2 & 25
b. Minimum lot area (net)
(acres) 20
c. Lot width (feet) 500
d. Front yard (feet) 50
e. Rear yard (feet) 50
f. One side yard (feet) 20
g. Both side yards – total (feet) 50
h. Distance between buildings
on same lot (feet) 20

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

Section 31. Section 24.10.1920 – Use Permit Requirement of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

40.447

Page 100 ends

24.10.1920 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Beach, surfing and fishing equipment;
b. Fish market;
c. Identification signs, appurtenant to uses permitted on the premises; d. Navigation aids and devices not involving the erection of a structure; e. Walls or fences, not to exceed three and one-half feet in height. f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit:
a. Navigation aids and devices involving the erection of a structure; b. Public restroom facilities;
c. Temporary structures.

Section 32. Section 24.10.1930 – Use Determination of Part 20: OF-R Ocean Front (Recreational) District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.1930 USE DETERMINATION.

Section 33. Section 24.10.2030 – Use Permit Requirement of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.2030 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Ranch and farm dwellings incidental to a principal agricultural use. b. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit:
a. Recreational facilities, bridges, roads, utility transmission lines; b. Riding stables for the keeping of horses on sites at least five acres in size.

40.448

Page 101 ends

Section 34. Section 24.10.2040 – Use Determination of Part 21: F-P Floodplain District of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.2040 USE DETERMINATION.

Section 35. Section 24.10.2375 – Use Determination of Part 24(A): CBD Subdistrict E – Lower Pacific Avenue of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.2375 USE DETERMINATION.

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

Section 36. Section 24.10.2385 – Lower Pacific Avenue Design Guidelines of Part 24(A): CBD Subdistrict E – Lower Pacific Avenue of Chapter 24.10 – Land Use Districts of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.10.2385 LOWER PACIFIC AVENUE DESIGN GUIDELINES.

1. Store Front Treatment. The ground-level treatment of buildings and parking structures within the Lower Pacific Avenue subarea should generally comply with the guidelines for the Pacific Avenue retail subarea listed on pages 41-45 of the Downtown Recovery Plan, in terms of:
storefront access, transparency, and variation; and the use of landscaping, awnings, and canopies.

However, it is recognized that the Lower Pacific Avenue subarea has a more informal character than Pacific Avenues, and as such, more variation of ground-level treatment is envisioned and encouraged. The use of porches and terraced gardens as an intermediate space between the ground floor use and the sidewalk is permitted, as long as the finished floor elevation of the ground floor use is nor more than 4 feet above or below the sidewalk level and accessibility requirements are met.

40.449

Page 102 ends

Section 37. Section 24.12.110 – Setback Requirements Modifications of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.110 SETBACK REQUIREMENTS MODIFICATIONS.

1. Front Yards.
a. Where twenty-five percent or more of the lots fronting on any block in the same zone (exclusive of the frontage along the side of a corner lot) have been improved with buildings permitted in said zone and the depth of the front yards on such lots varies not more than ten feet, then the front yard depth required on any lot in said block shall be not less than the median depth of the front yards on the lots on which are located such existing buildings; or b. In any district where the two adjacent lots on either side of a parcel, neither of which is a corner lot and each of which is in the same zone as the center lot, are already improved with uses permitted in the zone, and the average of the front yards of such adjoining lots is less than that required for the zone, then the required front yard depth for the center lot shall not be less than half the sum of the front yard setbacks of the two adjoining lots; or c. Where Section 24.12.185.13 applies, required front yard depth shall not be less than twelve feet measured from back of curb.

2. Corner Lot Yards.
a. Where, on a corner lot, an exterior side yard abuts a front yard of an adjoining lot in an R- District, the corner lot exterior side yard shall have a width of not less than one-half of the required depth of such adjacent front yard.
b. Each corner lot should have one front yard, two side yards, and one rear yard of the depth required by this title. Normally the front yard shall be across the narrow dimension of the lot and the rear yard opposite this; in unusual cases, however, the location and the relationship of such yards to abutting streets and to each other may be determined by the zoning administrator.
c. In any zoning district in which a minimum front yard is established, no obstruction to view between three and one-half feet, and eight feet above grade shall be placed within the clear corner triangle as defined in this title.

3. Double-Frontage Yards. The width of required interior side yard or required rear yard may be reduced or waived when such interior side yard or rear yard abuts an alley or a street (e.g., double-frontage lot), freeway, stream, public utility right-of-way, coastline or other similar feature which precludes or inhibits construction on or development of the property.

4. Lots of Record – Required Yards. In any district for which a minimum lot area is established, a lot of record, as defined in this title, having less than the required area and/or width and/or depth may be used for a use permitted in the district, except as provided in Section 24.10.351.
a. In any district or for any use where side yards are required, the minimum side yard width shall be four feet or ten percent of the lot width, whichever is greater, for the first story only. Beyond the first story, the standard side yard setback established in the specific district regulations shall apply.
b. In any district or for any use where a rear yard is required, the depth of the rear yard of any such lot shall be ten feet or twenty percent of the depth of the lot, whichever is greater.

40.450

Page 103 ends

c. A single-family dwelling may be constructed on any lot of record, subject to Section 24.10.351. For residential districts other than single-family, the district requirements for minimum lot and land area per dwelling unit shall apply, except as modified by the density bonus provisions of this title.

Section 38. Section 24.12.120 – Projections Into Required Yard Areas, Setbacks, and Easements of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS, SETBACKS AND EASEMENTS.

1. Projections Into Required Yard Areas. The following are permitted projections into required yard areas. Projections shall not be permitted in yards that are less than the minimum established by district regulations except as provided for in subsection (2), or as allowed in certain areas under Section 24.12.185.13.
a. Architectural features such as cornices, canopies, eaves and sills shall be permitted to project into front, rear and side yards two and one-half feet; b. Steps serving the first floor, and bay windows, chimneys, decks, and porches serving the first floor and above may extend into front, rear and exterior side yards one-half of the required yard or six feet, whichever results in a greater setback. For interior side yards, maximum projection is one foot, eight inches unless the projection meets the requirements of subsection (1)(c). Bay window, deck, porch and step projections are permissible in interior side yards on the first floor only. In all cases, no projection or aggregate of projections listed in this subsection shall be more than one-third of the building wall along which it is located;
c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior side yards without restriction; d. Guardrails on decks and porches and handrails on stairs projecting into required yards on the first floor shall be considered fences and shall be governed by Section 24.12.160, with the exception of guardrails and/or handrails required for access to the first floor for the physically challenged;
e. Rain retention systems attached to the main residence may extend into side and rear yards one-half the required yard or six feet, whichever results in the greater setback. For interior side yards, the minimum setback shall be three feet. Such encroachment shall be no higher than six feet from finished grade.

2. Any structure necessary to provide access to the first floor for the physically challenged.

3. Projections into Special Street Setbacks. The following uses are permitted within the special street setbacks established in Section 24.12.115 herein. a. Streetlights, traffic signs and signals and appurtenances necessary to the conduct or operation of a public utility, facility, or purpose;
b. Fences, walks, hedges, landscaping, outdoor merchandise display, platforms, landings, steps and signs, when constructed or installed so as to have a maximum height of two and one-half feet above curb grade, except as provided for in Section 24.12.120, subsection (3)(d);

40.451

Page 104 ends

c. Unenclosed porches, cornices, canopies, eaves, and similar architectural features and signs when constructed so that the clearance from curb grade to the lowest portion thereof, except supporting members, is at least eight feet; and further provided that no supporting member shall have a cross-section of greater than eight inches, nor be located closer than six feet to another supporting member within the setback area; d. Any structure necessary to provide access to the first floor for the physically challenged.

4. Projections into Easements. No structure or projection thereof may extend into a public utility easement.

Section 39. Section 24.12.125 – Landscaping Requirement of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.125 LANDSCAPING REQUIREMENT.

In all districts where yards are required, all portions of each front and exterior side yard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained. Additional landscaping requirements are contained in Section

24.12.185 Objective Design Standards for Multifamily Housing.

Section 40. Section 24.12.127 – Bird Safe Building Design Requirement of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

24.12.127 BIRD SAFE BUILDING DESIGN REQUIREMENT.

In all districts where new construction or exterior changes to the façade of buildings or structures requiring a Planning Permit are located within 300 feet of any of the following: parcels with a General Plan Land Use Designation of CR, PR, NA, or AG; an open waterway mapped in the City-wide Creeks and Wetlands Management Plan; or any area within 300 feet of undeveloped property likely to provide significant bird habitat, as determined by the Zoning Administrator, proposed buildings or structures shall be designed in a manner consistent with the published Bird Safe Building Design Standards as maintained by the City Planning and Community Development Department and as updated from time to time.

Section 41. Section 24.12.140 – Accessory Buildings of Chapter 24.12 – Community Design is hereby amended as follows:

40.452

Page 105 ends

24.12.140 ACCESSORY BUILDINGS AND STRUCTURES.

In addition to primary structures, it is often useful and convenient to have accessory buildings and structures to provide storage, allow additional usable indoor or sheltered space, or to perform some other function beyond what is included in the primary structure. These spaces can be provided in a building, defined for the purposes of this section as having a roof and walls, or by another accessory structure such as a pergola or a gazebo. Some spaces, such as children’s play equipment, can be classified as either a building (i.e. enclosed playhouse) or a structure (i.e. swing set). The defining characteristic of these buildings and structures is that they are accessory and subordinate to the primary structure and do not detract from the form and function of the primary structure and are complimentary to its use.

1. Accessory Buildings. Accessory buildings are subject to the regulations and permit requirements of the zoning district in which they are located. Accessory buildings are separate and distinct from accessory dwelling units, which are subject to the regulations in Part 2 of Chapter 24.16.
1a. No setback shall be required for an accessory building except as otherwise provided. 2b. No accessory building shall be located in a front or exterior side yard with the exception of buildings used as children’s play equipment that do not create traffic safety hazards, that are less than fifty square feet in plan area at grade, less than fourteen feet in height, and with minimum setbacks of three feet. Such buildings are exempt from the restrictions in Section 24.12.140. Children’s play structures are defined as structures that are designed, made for, and used by children. The vehicle entry side of a garage or other covered parking may not be located closer than twenty feet from front or exterior side yard lot lines; except that the vehicle entry side of a garage or other covered parking may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation.
3c. Accessory buildings that are less than one hundred twenty square feet in floor area are not required to conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.
4d. Accessory buildings that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. 5e. Habitable accessory buildings shall not be located within the front yard nor closer than six feet to the nearest point of the principal building; and shall conform to principal building rear and side yard requirements of the district in which they are located. No habitable accessory building shall be used as a separate dwelling unit except accessory dwelling units

40.453

Page 106 ends

as described in Part 2 of Chapter 24.16. Guesthouses for nonpaying guests are allowed only if permitted in the zoning district in which they are located. 6f. Accessory buildings may not cover an area in excess of thirty percent of any required yard setback area for the primary structure. In the coastal zone, standards applicable to accessory dwelling units can be found in Section 24.12.140(10). The footprint of accessory dwelling units shall count toward the maximum allowable lot coverage by other accessory structures in yard setback areas; however, the maximum allowable lot coverage does not apply to the accessory dwelling unit itself.
7g. An accessory building attached to a main building by a breezeway is not part of the main building.
8h. An accessory building may have one sink installed in it if a building permit is obtained.

A property with multiple accessory buildings may have a sink in only one accessory building without approval of an administrative use permit. Any additional plumbing fixtures would require an administrative use permit subject to following findings listed in subsection (9i) and a building permit for the approved improvements.
9i. Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit is approved in accordance with district regulations and all of the following findings are made:
ai. The structure and use are subordinate to the principal use; and bii. The purpose of the use is incidental to the principal use; and ciii. The use is customarily or reasonably appurtenant to the permitted use; and div. The structure will not be used as a dwelling unit except as set forth in Chapter

24.16, Part 2, Accessory Dwelling Units; and
ev. A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city. j10. In the coastal zone, and in addition to meeting all other applicable requirements (e.g., standards specified in Section 24.16.100 et seq.), ADUs shall meet the following additional standards:
ia. ADUs are allowed in any zone that allows residential uses on lots of any size, in conjunction with a proposed or existing residential use, provided they are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable LCP policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, and coastal bluffs. iib. Off-street parking shall be required in compliance with Section 24.12.240(1).

2. Accessory Structures. Accessory structures are subject to the regulations and permit requirements of the zoning district in which they are located. a. Accessory structures above eight feet in height shall not be located in a front or exterior side yard with the exception of entry features as described in Section

24.12.150(a)(3). No accessory structure in the front or exterior side yard may be located within the clear corner triangle as defined in section 24.22.202. Any accessory structures located in the front or exterior side yard must be open in nature and must provide and maintain a minimum of ninety percent visual permeability above the first foot in height.
b. Accessory structures located in the rear or interior sideyard that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when

40.454

Page 107 ends

constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. This includes fences within the West Cliff Drive Overlay District that conform to Section 24.12.160. c. Children’s play structures that do not create traffic safety hazards, that are less than fifty square feet in plan area, less than fourteen feet in height, and with minimum front setbacks of three feet are exempt from the restrictions in Section 24.12.140. Children’s play structures are defined as structures that are designed for, made for, and used by children.

Section 42. Section 24.12.150 – Height Limits Modifications of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.150 HEIGHT LIMITS MODIFICATIONS.

1. The height limitations specified in this title shall not apply to the following uses:
a. Church spires, minarets, belfries, domes;
b. Water, fire observation, and lifeguard towers, chimneys, aids to navigation; c. Buildings and structures intended for agricultural purposes; d. Fire walls, not extending more than four feet above the height of the building; e. Cupolas, scenery lofts, or other unoccupied roof structures for the housing of elevators, stairways, or tanks, tanks no more than twenty feet in height. Such structures must be set back from the edge of the building at a ratio of 1.2 feet horizontal for every 1 foot in height.
f. vVentilating fans, air conditioning, or similar equipment used solely to operate and maintain a building, which are screened from the view of a building of equivalent height by a parapet or other architectural screen.
g. Railings, up to forty-eight (48) inches in height, or the height required by building code, whichever is greater, consistent with the requirements in Section 24.12.185 relating to rooftop decks as applicable.

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 worshipchurches, 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.

40.455

Page 108 ends

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:

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.
(32) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of six eight feet from finished grade 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.
(43) Any fence along a property line adjacent to a street, or in the adjacent required setback, except in the clear corner triangle, may include a gate, trellis or other entry feature exceeding the height limit stated in subsections (1)(a)(1) and (2). Such gate, trellis or entry feature shall be limited to ten feet in width and ten feet in height. Only one such gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.
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.

40.456

Page 109 ends

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.
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.

In addition, a community housing project shall provide one additional parking space for each four dwelling units within the project.

3. Private Useable Open Space. A community housing project shall provide a minimum of one hundred square feet of private open space for each dwelling unit located in such a manner as to be immediately accessible to each dwelling unit 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:

40.457

Page 110 ends

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).
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.

Figure 1: Predominant Building Face

40.458

Page 111 ends

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

40.459

Page 112 ends

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.

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.
b. In C-C, R-T(C), C-T, C-N, C-B, PA and all MU districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions.

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

40.460

Page 113 ends

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.

40.461

Page 114 ends

Santa Cruz City CouncilNovember 15, 2022

Santa Cruz City Council
November 15, 2022