Agenda packet — Santa Cruz City Council, December 13, 2022 (part 3 of 3)

31.233
Proposed Amendments to Zoning Map, Non-Coastal Parcels December 13, 2022 008-711-04 CC MU-OM 1111 OCEAN ST 304
010-051-49 RL/CC MU-OH 414 OCEAN ST
007-403-05 CC MU-OH 367 OCEAN ST
007-403-07 RM MU-OH 359 OCEAN ST
007-403-06 RM MU-OH 363 OCEAN ST A
007-403-04 CC MU-OH 418 BROADWAY
005-941-07 CC MU-OH 405 OCEAN ST
005-941-01 CC MU-OH 411 BROADWAY COMMON
005-941-06 CC MU-OH 417 BROADWAY
005-941-08 CC MU-OH 409 OCEAN ST
005-941-09 CC MU-OH 415 OCEAN ST
005-941-10 CC MU-OH 421 OCEAN ST
005-941-11 CC MU-OH
008-322-17 CC MU-OH 100 COLOMA ST
008-322-39 CC MU-OH 909 OCEAN ST
008-331-45 CC MU-OH 902 OCEAN ST
008-322-40 CC MU-OH
008-331-25 CC MU-OH 908 OCEAN ST
008-331-26 CC MU-OH 908 OCEAN ST FRNT
008-331-27 CC MU-OH 916 OCEAN ST
008-331-28 CC MU-OH 920 OCEAN ST
008-331-29 CC MU-OH 928 OCEAN ST
008-331-30 CC MU-OH 1004 OCEAN ST
008-331-31 CC MU-OH 1008 1/2 OCEAN ST
008-331-32 CC MU-OH 1010 OCEAN ST
008-331-41 CC MU-OH 1014 OCEAN ST
008-331-40 CC MU-OH 110 HUBBARD ST
010-051-53 RL MU-OH 523 BROADWAY A
010-051-54 RL MU-OH 527 BROADWAY
010-391-10 RL MU-OH 533 BROADWAY CMN
010-551-08 RM MU-OH 344 OCEAN ST
010-551-07 RM MU-OH 342 OCEAN ST
010-551-05 RM MU-OH 356 OCEAN ST A
010-551-06 RM MU-OH 350 OCEAN ST
010-551-04 RM MU-OH 358 OCEAN ST
010-551-01 CC MU-OH 370 OCEAN ST
010-551-02 RL MU-OH 514 BROADWAY
010-551-03 RL MU-OH 518 BROADWAY Cmn
010-051-31 CC MU-OH 404 OCEAN ST A
010-102-01 RL MU-OH 526 BROADWAY
010-051-32 CC MU-OH 410 OCEAN ST
010-051-37 CC MU-OH 509 BROADWAY
010-051-38 CC MU-OH 515 BROADWAY
010-051-43 RL MU-OH 519 1/2 BROADWAY
008-303-16 CC MU-OH 1001 OCEAN ST
008-303-01 RM/CC MU-OH 1015 OCEAN ST
008-322-43 CC MU-OH 919 OCEAN ST

31.234
Proposed Amendments to Zoning Map, Non-Coastal Parcels December 13, 2022 008-302-20 RM MU-OH 1101 OCEAN ST
010-391-09 RL MU-OH 533 BROADWAY 9
010-391-08 RL MU-OH 533 BROADWAY 8
010-391-07 RL MU-OH 533 BROADWAY 7
010-391-06 RL MU-OH 533 BROADWAY 6
010-391-05 RL MU-OH 533 BROADWAY 5
010-391-04 RL MU-OH 533 BROADWAY 4
010-391-03 RL MU-OH 533 BROADWAY 3
010-391-02 RL MU-OH 533 BROADWAY 2
010-391-01 RL MU-OH 533 BROADWAY 1
005-941-04 CC MU-OH 411 BROADWAY C
005-941-05 CC MU-OH 411 BROADWAY D
005-941-03 CC MU-OH 411 BROADWAY B
005-941-02 CC MU-OH 411 BROADWAY A
005-251-11 CC MU-VH 716 OCEAN ST
005-251-18 CC MU-VH
005-251-04 CC MU-VH 323 MAY AVE
005-251-16 CC MU-VH 420 WATER ST
005-302-27 CC MU-VH 330 SOQUEL AVE
005-302-28 CC MU-VH 340 SOQUEL AVE
005-941-16 CC MU-VH 354 SOQUEL AVE CMN
008-323-12 CC MU-VH 303 WATER ST
010-051-46 CC MU-VH 434 OCEAN ST
010-051-02 CC MU-VH 414 1/2 SOQUEL AVE
010-051-03 CC MU-VH 416 SOQUEL AVE CMN-02
010-051-04 CC MU-VH 422 SOQUEL AVE A
010-051-05 RL/CC MU-VH 500 SOQUEL AVE
010-051-06 RL/CC MU-VH 506 SOQUEL AVE
010-051-07 RL/CC MU-VH 510 SOQUEL AVE
010-012-13 CC MU-VH 501 SOQUEL AVE
010-012-29 CC MU-VH 513 SOQUEL AVE
005-251-19 CC MU-VH 730 OCEAN ST
005-283-10 CC MU-VH 107 DAKOTA AVE 2
005-941-12 CC MU-VH 433 OCEAN ST
010-011-33 CC MU-VH 500 OCEAN ST
005-541-05 CC MU-VH 111 DAKOTA AVE CMN
008-323-27 CC MU-VH 815 OCEAN ST
008-331-48 CC MU-VH 806 OCEAN ST
005-541-04 CC MU-VH 111 DAKOTA AVE 4
005-541-03 CC MU-VH 111 DAKOTA AVE 3
005-541-02 CC MU-VH 111 DAKOTA AVE 2
005-541-01 CC MU-VH 111 DAKOTA AVE 1
005-941-13 CC MU-VH 348 SOQUEL AVE
005-941-14 CC MU-VH 350 SOQUEL AVE
005-941-15 CC MU-VH 352 SOQUEL AVE
005-891-03 CC MU-VA 615 OCEAN ST
005-261-34 CC MU-VA

31.235
Proposed Amendments to Zoning Map, Non-Coastal Parcels December 13, 2022 005-261-32 CC MU-VA 745 OCEAN ST
005-281-32 RM MU-VA 134 DAKOTA AVE
005-891-02 CC MU-VA 611 OCEAN ST
005-261-33 CC MU-VA 318 WATER ST
005-781-66 RM MU-VA
005-781-23 RM MU-VA 180 DAKOTA AVE 18
005-781-22 RM MU-VA 180 DAKOTA AVE 17
005-781-21 RM MU-VA 180 DAKOTA AVE 16
005-781-20 RM MU-VA 180 DAKOTA AVE 15
005-781-19 RM MU-VA 180 DAKOTA AVE 14
005-781-18 RM MU-VA 180 DAKOTA AVE 13
005-781-17 RM MU-VA 180 DAKOTA AVE 12
005-781-16 RM MU-VA 180 DAKOTA AVE 11
005-781-01 RM MU-VA 180 DAKOTA AVE A
005-781-02 RM MU-VA 180 DAKOTA AVE B
005-781-03 RM MU-VA 180 DAKOTA AVE C
005-781-04 RM MU-VA 180 DAKOTA AVE D
005-781-05 RM MU-VA 180 DAKOTA AVE E
005-781-06 RM MU-VA 180 DAKOTA AVE F
005-781-07 RM MU-VA 180 DAKOTA AVE G
005-781-08 RM MU-VA 180 DAKOTA AVE H
005-781-09 RM MU-VA 180 DAKOTA AVE J
005-781-10 RM MU-VA 180 DAKOTA AVE K
005-781-11 RM MU-VA 180 DAKOTA AVE L
005-781-12 RM MU-VA 180 DAKOTA AVE M
005-781-13 RM MU-VA 180 DAKOTA AVE P
005-781-14 RM MU-VA 180 DAKOTA AVE R
005-781-15 RM MU-VA 180 DAKOTA AVE
005-791-05 RM MU-VA 180 DAKOTA AVE 28
005-791-04 RM MU-VA 180 DAKOTA AVE 27
005-791-06 RM MU-VA 180 DAKOTA AVE 26
005-791-03 RM MU-VA 180 DAKOTA AVE 25
005-791-07 RM MU-VA 180 DAKOTA AVE 24
005-791-02 RM MU-VA 180 DAKOTA AVE 23
005-791-08 RM MU-VA 180 DAKOTA AVE 22
005-791-01 RM MU-VA 180 DAKOTA AVE 21
005-801-05 RM MU-VA 180 DAKOTA AVE 38
005-801-04 RM MU-VA 180 DAKOTA AVE 37
005-801-06 RM MU-VA 180 DAKOTA AVE 36
005-801-03 RM MU-VA 180 DAKOTA AVE 35
005-801-07 RM MU-VA 180 DAKOTA AVE 34
005-801-02 RM MU-VA 180 DAKOTA AVE 33
005-801-08 RM MU-VA 180 DAKOTA AVE 32
005-801-01 RM MU-VA 180 DAKOTA AVE 31
005-811-04 RM MU-VA 180 DAKOTA AVE 47
005-811-02 RM MU-VA 180 DAKOTA AVE 43
005-811-05 RM MU-VA 180 DAKOTA AVE 48

31.236
Proposed Amendments to Zoning Map, Non-Coastal Parcels December 13, 2022 005-811-06 RM MU-VA 180 DAKOTA AVE 46
005-811-07 RM MU-VA 180 DAKOTA AVE 44
005-811-08 RM MU-VA 180 DAKOTA AVE 42
005-811-01 RM MU-VA 180 DAKOTA AVE 41
005-811-03 RM MU-VA 180 DAKOTA AVE 45
005-821-02 RM MU-VA 180 DAKOTA AVE 53
005-821-03 RM MU-VA 180 DAKOTA AVE 55
005-821-04 RM MU-VA 180 DAKOTA AVE 57
005-821-05 RM MU-VA 180 DAKOTA AVE 58
005-821-06 RM MU-VA 180 DAKOTA AVE 56
005-821-07 RM MU-VA 180 DAKOTA AVE 54
005-821-08 RM MU-VA 180 DAKOTA AVE 52
005-821-01 RM MU-VA 180 DAKOTA AVE 51
005-831-02 RM MU-VA 180 DAKOTA AVE 63
005-831-03 RM MU-VA 180 DAKOTA AVE 65
005-831-04 RM MU-VA 180 DAKOTA AVE 67
005-831-05 RM MU-VA 180 DAKOTA AVE 68
005-831-06 RM MU-VA 180 DAKOTA AVE 66
005-831-07 RM MU-VA 180 DAKOTA AVE 64
005-831-08 RM MU-VA 180 DAKOTA AVE 62
005-831-01 RM MU-VA 180 DAKOTA AVE 61

31.237
BAY
KING

MISSION
FAIR
OLIVE
ALMAR

DU FOUR
PALM

LAURENT
WALK

SEASIDE
RANKIN

TRESCONY

VAN NESS

ESCALONA

ANTHONY

BALDWIN

BELLEVUE

YOUNGLOVE
ANITA
LAUREL

MIRAMAR

BERKSHIRE
MASON
WILKES

KENNETH
ALLEY

CALIFORNIA
LENNOX

INGALLS
WEST

AVERITT

SURFSIDE
TOLEDO
ACADIA
DUFOUR

ANDERSON

REDWOOD
SADI
GLOVER
ERRETT

PENDEGAST

BETHANY CURVE

UNNAMED

CLEVELAND

COLORADO

DRIVEWAY

INGALLS
OLIVE
ALLEY
ALLEY
ALLEY
ALLEY
WALK
ALLEY
DUFOUR
ALLEY

LAURENT
ALLEY
ALLEY
ALLEY
PALM

SEASIDE

PENDEGAST
Parcels proposed for the Mixed-Use Medium Density (MU-M) Zone District Mixed Use Medium Density (MU-M_NonCoastal) City of Santa Cruz November 2022

31.238
SOQUEL

BRANCIFORTE

MORRISSEY
SOQUEL
Branciforte Cree
SOQUEL
WATER

BROADWAY
PINE

MELROSE
GAULT

HANOVER

BRANCIFORTE

FREDERICK
EFFEY
CAYUGA
SUMNER
POPLAR

MORRISSEY

WINDSOR
DOYLE
REED

PACHECO

BERKELEY

SAN JUAN

PENNSYLVANIA
BENITO

CALEDONIA
DAKE

STANFORD
DARWIN

CATALPA

BELVEDERE
HUGUS

OCEAN VIEW

MAGNOLIA

SEABRIGHT

DRIVEWAY
MINNIE
ALLEY
JOSEFA

HARRISON
DAHLIA

SUNNYSIDE

RATHBURN

MCCORNICK

UNNAMED

HANOVER

DRIVEWAY

DRIVEWAY
ALLEY

DRIVEWAY

DRIVEWAY
SUMNER

SEABRIGHT

DRIVEWAY

DRIVEWAY
DARWIN

DRIVEWAY
EFFEY

DRIVEWAY
Parcels proposed for the Mixed-Use High Density (MU-H) Zone District MU-H
City of Santa Cruz November 2022
Exhibit B

31.239
WATER
OCEAN
SOQUEL
OCEAN

BRANCIFORTE
Branciforte Cre
OCEAN
MAY
WATER
SOQUEL

BRANCIFORTE
DAKOTA

BROADWAY

OCEAN VIEW

BERKELEY
BLAINE
REED
PINE

WASHBURN
MOON

HUBBARD
MARKET
FRONT

CALEDONIA
ALLEY

UNNAMED
HUNOLT
CLAY

LEONARD

RIVERSIDE
KENNAN

RIVER STREET SOUTH

HANOVER

DRIVEWAY

BELVEDERE
HUGUS

WINDSOR
COLOMA
DOYLE
MINNIE
JOSEFA

SUNNYSIDE

ROOSEVELT

RATHBURN

ROBERTS

WINDHAM

MCCORNICK

EDGEWOOD

FAIRBANKS

UNNAMED

DRIVEWAY
MAY

DRIVEWAY

UNNAMED

DRIVEWAY
MARKET

UNNAMED

DRIVEWAY

DRIVEWAY
Parcels to be Rezoned in the Ocean Street Corridor
Mixed Use Visitor Additional Height (MU-VA)
Mixed Use Visitor High Density (MU-VH)
Mixed Use Ocean Medium Density (MU-OM_NonCoastal)
Mixed Use Ocean High Density (MU-OH_NonCoastal)
City of Santa Cruz November 2022

31.240
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

AND DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSED AMENDMENTS TO TITLE 24, THE ZONING ORDINANCE OF THE CITY OF SANTA CRUZ MUNICIPAL CODE,

AND PROPOSED AMENDMENTS TO THE CITY OF SANTA CRUZ ZONING MAP AS

LOCAL COASTAL IMPLEMENTATION PLAN AMENDMENTS TO THE CALIFORNIA

COASTAL COMMISSION FOR FINAL CERTIFICATION
WHEREAS, on June 26, 2012, the City of Santa Cruz General Plan 2030 and its associated Environmental Impact Report were adopted by City Council; and WHEREAS, State of California amendments to the Housing Accountability Act in 2017 required the use of objective standards during a development review process; and WHEREAS, State of California amendments to the Housing Accountability Act in 2018 required jurisdictions to allow residential development to the maximum capacity allowed in either the Municipal Code or the General Plan; and
WHEREAS, in 2019, the City of Santa Cruz applied for, and received, State SB2 grant funding for the purpose of creating new objective standards for development review and to reconcile the differences between allowed residential capacity in the Municipal Code and the General Plan through amendments to the Zoning Map; and
WHEREAS, on August 23, 2020, the City Council approved a consultant and scope of work for the Objective Standards project; and
WHEREAS, on June 2, 2022, the Planning Commission held a regularly scheduled meeting where a portion of the proposed amendments to the Municipal Code were considered by the Commission, and the Commission recommended that the City Council adopt the amendments to the Municipal Code as amended by the Planning Commission; and WHEREAS, on July 21, 2022, the Planning Commission held a regularly scheduled meeting to consider the proposed amendments to the Municipal Code and Zoning Map and recommended that the City Council adopt the amendments to the Municipal Code as amended by the Planning Commission; and
WHEREAS, consistent with the California Environmental Quality Act (CEQA) and City Guidelines, the proposed code amendments were determined to be addressed by the Environmental Impact Report (EIR) drafted for the City’s General Plan and approved by the City Council in April, 2012 and were determined to be addressed under Sections 15183, 15303(e), and 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on August 23, 2022, the City Council held a public hearing at which the proposed amendments to the Municipal Code and Zoning Map were introduced, and the item was continued to September 13, 2022; and

31.241
WHEREAS, on September 13, 2022, the City Council continued the item was continued to November 15, 2022; and
WHEREAS, on November 15, 2022, the City Council held a public hearing at which the proposed amendments to the Municipal Code and Zoning Map and were introduced for publication; and
WHEREAS, on December 13, 2022, the City Council held a public hearing where the proposed amendments to the Municipal Code and Zoning Map were approved; and WHEREAS, the City Council directs the City Manager to submit the amendments to Title 24 of the Municipal Code and the Zoning Map as Local Coastal Implementation Plan Amendments to the California Coastal Commission for final certification; and WHEREAS, the City Council now finds:

1. The proposed amendments to Title 24 and the Zoning Map are in the public interest as they address changes in State law, create new standards for multifamily and mixed-use housing, and provide more transparency in the development process for the community, developers, City staff, and decision-makers alike.

2. The proposed amendments to Title 24 and the Zoning Map are consistent and compatible with the General Plan and any implementation programs that may be affected.

3. The proposed amendments to Title 24 and the Zoning Map are intended to be carried out in a manner fully in conformity with the Coastal Act (CA Section 30510).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby approves the amendments to Title 24 of the City of Santa Cruz Municipal Code, the Zoning Map, and Local Coastal Program, which are hereby amended as shown in Exhibit A, attached hereto and made a part hereof.

BE IT FURTHER RESOLVED, that amendments to the Local Coastal Implementation Plan will become effective inside the Coastal Zone upon final certification by the California Coastal Commission.

PASSED AND ADOPTED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

31.242
Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

December 7, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 7th day of December, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.243

31.244

DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5th day of December, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-18, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—79 I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of December, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.245
Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

December 7, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 7th day of December, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.246

31.247

DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5th day of December, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-19, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—90.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of December, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.248
Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

December 7, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 7th day of December, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.249

DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5th day of December, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-20, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—2.

31.250
Proof of Publication
(2015 C.C.P.)
I, the undersigned, declare:

December 7, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 7th day of December, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

31.251

DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5th day of December, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-21, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—2.

31.252
From: Valerie Bengal
To: City Council
Subject: AB 2097
Date: Saturday, November 26, 2022 1:08:09 PM
Dear City Council:

I have lived on Poplar Avenue almost across the street from Branciforte Middle School since 1990. Before that I had family and social connections here. I am aware of the chaotic and erratic history of urban planning in Santa Cruz County, and the immense demands on the city to provide housing for everyone who wants to study, invest, speculate, or commute from here.

I am writing to ask you to not change the density from 1.75 FAR to 2.75. Furthermore, I ask that 5-story buildings not be permitted. These can metastasize to 6-8 stories due to the "density bonus" gifted to the developer. 3-story buildings are a good fit for this area. We can handle 55 units per acre, not 150.

One reason I chose this neighborhood was access to public transit, being able to walk or bicycle to do errands along the Soquel-Water corridor and even downtown, and to drive to work (Salinas Valley, Watsonville, Carmel, Monterey, Marina, UCSC, Aptos, etc). I found that it takes a really long time go to UCSC by bus from the Morrissey-Soquel-Water intersection. Bus and carpools are not feasible for those of us who work long hours.

I understand the reasoning behind AB 2097: reduce the parking requirements for developments in order to encourage the use of public transit and therefore mitigate the climate crisis. On the surface it sounds reasonable. But, as a family physician, I can think of many analogies, where doctors intended to treat one condition and then had to troubleshoot many unforeseen consequences. Residents of the new developments may change jobs, they may need to drive sometimes as well as take mass transit, they may have visitors who drive to see them. People come to the neighborhood to shop, too. Parking on the street is becoming limited due to the needs of B-40 middle school and as residents of the new developments at Water and Branciforte and Water and Stanford will have to park in the adjoining neighborhoods.

Affordable housing is needed in our community and I believe that it is achievable by careful planning and appropriate siting. Be attentive to proportion as well as the landscape, infrastructure, water, and other parameters. If we are forced to comply with AB 2097, we will have to build smaller housing projects to offset the adverse effects.

Thank you for your attention.

Respectfully yours,
Valerie Bengal MD FAAFP

31.253
1 Rosemary Balsley
From: Lira Filippini <[email protected]>
Sent: Monday, December 12, 2022 3:19 PM
To: City Council; Sonja Brunner; Martine Watkins; Donna Meyers; Shebreh KalantariJohnson; Renee Golder; Sandy Brown; Justin Cummings Subject: Agenda Item 31; 12/13/22 Objective Design Standards Dear Mayor and Council Elect,
I am writing you with continued concern over what is fundamentally upzoning being ushered in without wide community knowledge, through a process that should only be the setting of objective design standards.

Increasing the FAR from 1.75 as of right up to 2.75 in many areas throughout the city is a major zoning change. When this is combined with the new AB 2097 and upcoming changes through AMBAG to what a "quality transit stop" is, the community will be faced with an impact of immense proportions that has the potential to greatly impact traffic, diminish the health of local businesses and compound inequalities.

Please do not allow the increase of FAR, which cannot be later decreased due to SB 330 if we do indeed face dire impacts.

I believe it's also important to point out that a hearing with a zoning administrator is not the same as a hearing with our elected representatives. Removing hearings for significant development projects at the City Council level is fundamentally an erosion of local democracy and is entirely within your power to either protect or allow to be diminished.

Thank you for your thoughtful consideration,
Lira Filippini
130 Belvedere Terrace
Santa Cruz, CA 95062

31.254
City Council

AGENDA REPORT
DATE: December 1, 2022
AGENDA OF: December 13, 2022
DEPARTMENT: Planning & Community Development
SUBJECT: Municipal Code Amendments Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
RECOMMENDATION: Motion to:
1) Adopt an urgency ordinance making specified changes in Chapter 24.16 of the Municipal Code related to ADUs and Junior ADUs in response to recent state code changes; and 2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.

BACKGROUND: The California State Legislature brought forward several bills in 2022 relating to the review and permitting of accessory dwelling units (ADUs) on various types of property. On September 28th of this year, the Governor signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897, amending the section of the California Government Code related to ADUs and Junior Accessory Dwelling Units (JADUs) (Government Code Sections 65852.2 and 65852.22). Additionally, SB 897 made amendments to Section 17980.12 of the State Health and Safety Code. The new laws take effect on January 1, 2023.

AB 2221 and SB 897 contain a clause that requires that local governments comply with all provisions of the state law no later than the effective date at the risk of the entire local ADU ordinance becoming null and void in favor of the state law. For this reason, staff is recommending an urgency ordinance be adopted while a regular ordinance is drafted and proceeds through the community engagement process and the required hearing with the Planning Commission.

DISCUSSION: The amendments proposed at this time are those that are necessary to bring the City’s ADU regulations in line with the requirements of state law. These required amendments fall broadly into three categories: 1) ADU development standards (heights, setbacks, etc.); 2) permit processing; and 3) clarifications to standards for JADUs.

As shown in this report’s ordinance amendment attachments, the proposed ADU ordinance will make the following amendments to the current regulations:

32.1 2
1) ADU Development Standard Amendments
a) The allowed height of a New Construction, Detached ADU is clarified to allow heights of 16 to 22 feet based on the setback rather than by the number of stories, as discussed below in more detail.
b) The rear setback for ADUs above 16’ in height is reduced to 4’ (previously 10’). c) The setback for an attached ADU is reduced to 4’ (previously the same as the primary dwelling).
d) Requirements as part of allowing ADUs in front setbacks have been added. e) Existing design standards for ADUs have been made purely objective, or have been deleted where they could not be made fully objective.
f) Clarifications relating to requirements for fire sprinklers have been added – an ADU cannot trigger the requirement that the main dwelling include fire sprinklers. 2) Permit Processing Amendments
a) The City shall require a demolition permit for a detached garage that is being replaced with an ADU be reviewed concurrently with the application to build an ADU and the City shall issue both permits at the same time.
b) The City shall not require that notice be provided for the demolition of a detached garage to be repaced with an ADU unless the property is located within a historic district. c) The City’s code has been unclear as to when ADUs can be included in multi-family projects. That issue is clarified as part of the Objective Standards and Zoning Ordinance modifications that are being considered under the second reading at this same, December 13, 2022 hearing. Using those proposed changes as the base, language is added with these amendments that further clarifies that ADUs can be proposed and constructed at the same time as any new residential development and that ADUs proposed concurrently with other development would be approved as part of the larger project, not subject to the state-mandated processing timelines for ADUs but subject to the state-mandated timelines for the larger project.
d) The City cannot require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
e) The City cannot deem the construction of an accessory dwelling unit as a Group R occupancy change under the local building code, except as specified under state law.

Therefore, construction of an accessory dwelling unit cannot trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 3) Junior ADU Amendments
a) Text has been added to clarify that JADUs must include internal circulation with the primary dwelling when a bathroom is not included within the space of the JADU.

ADU Height Standards
The new state laws require that jurisdicitons allow the minimum height of a detached, new construction ADU meeting 4-foot setback requirements to be 18 feet to 20 feet depending on roof requirements and proximity to transit. The previous minimum height set by the state was 16 feet. The City of Santa Cruz already allows a maximum height of 22 feet for two-story ADUs with side and rear setbacks of 4 feet or greater. The City also already allows a maximum height of 16 feet for single story ADUs that are setback 0 to 4 feet. State law makes no distinction between the number of stories and height, only that a minimum 4 foot side or rear setback is required to up to 20 feet in height for an ADU. Staff recommends keeping the City’s existing 22

32.2 3
foot height allowance for ADUs meeting setback requirements and removing height standards based on stories (as the state has done).

This means that the height maximum of 22 feet remains for an ADU conforming to the 4 foot side and rear setback and keeping the 16 foot height maximum for ADUs with side and rear setbacks of less than 4 feet. Other existing design standards that relate to the mass and shape of an ADU’s second story conform to state law and remain in the ordinance. The proposed ordinance meets the new state laws while continuing to provide flexibility that supports the development of ADUs and imposing development standards when ADUs have side and rear setbacks smaller than 4 feet.

Urgency Ordinance. Due to language contained in the legislation, any local ordinance that is not in compliance with the state law as of January 1, 2023 will be void until such time as a conforming ordinance becomes effective. City staff is recommending that the City Council adopt this urgency ordinance pursuant to Government Code section 65858 (requiring at least a 4/5 vote) in order to maintain the City’s codes and requirements for ADUs. Staff recommends that the urgency ordinance remain in effect until the regular ordinance becomes effective. The ordinance is attached to this report in both track changes and clean versions. The ordinance findings are included in the clean version of the ordinance as the City Council must find that this ordinance is necessary as an emergency measure for preserving the public peace, health, and safety.

An urgency ordinance does not require review by Planning Commission and may be introduced and adopted at the same meeting, and it shall take effect immediately upon its adoption. The urgency ordinance will initially be effective for 45 days and will then require Council to approve an extension to allow for completion of the regular ordinance.

Community Outreach. Based on the short timeline provided for in the legislation and the fact that the proposed amendments are exclusively limited to those required under state legislation, community outreach for these amendments was limited.

Staff has compiled email addresses of stakeholders interested in ADU legislation from prior outreach efforts, and those individuals have been notified of the state law changes. Information is also available on the City’s recently updated ADU webpage. Additional outreach will take place as part of the future work on the regular ordinance.

Next Steps. Should the urgency ordinance be approved by City Council (needing a five-vote majority), the urgency ordinance would remain effective for up to 45 days. Because this hearing was noticed, the urgency ordinance can be extended by Council vote a further 22 months and 15 days, pursuant to Government Code Section 65858(b). In January, staff will request that the City Council extend the urgency ordinance until the regular ordinance can take effect.

Beginning in early 2023, staff will conduct community outreach related to these new state law changes as well as a few known outstanding items related to ADUs. These additional items could include:
- Owner occupancy requirements in existing ADUs,
- Further expansion of JADU allowances,
- Implementing AB 587 (which would allow ADUs and SFDs to be developed by a nonprofit housing developer and sold separately as part of a tenants-in-common ownership structure), and

32.3 4
- Addressing other topics that have come up in project applications or were otherwise not accounted for in the state legislation.

Staff currently anticipates returning to the Planning Commission and City Council with formal ordinance amendments in the spring of 2023.

The proposed edits are not in sections of the code that are implementing regulations of the Local Coastal Program, so approval by the Coastal Commission is not necessary for the urgency ordinance or a subsequent, regular ordinance.

Health in All Policies. The proposed amendments are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that they meet state requirements that seek to expand housing opportunities and provide a variety of housing types that help better serve the needs the community.

Environmental Review. The proposed ordinance amendments are exempt from the California Environmental Quality Act (CEQA) per Section 15282(h) of the CEQA Guidelines which specifically exempts any local ordinance implementing sections 65852.1 and 65852.2 of the Government Code.

FISCAL IMPACT. ADUs are treated as residential additions by the tax assessor. Therefore, only the value of the ADU is reassessed, not the value of the entire home. The proposed code modifications have the potential to increase the production of ADUs, which would increase property values and which can lead to additional property taxes. Because of the costs associated with providing services to new residents, Proposition 13, and different sizes and quality of new ADUs, the net fiscal effects of new ADUs would vary over both the short- and long-term.

Prepared by:

Matt VanHua, AICP
Principal Planner
Submitted by:

Lee Butler, AICP, LEED AP
Director of Planning & Community
Development
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:
1) Proposed ADU Urgency Ordinance, clean Copy
2) Proposed ADU Urgency Ordinance, track changes copy
3) Relevant text of AB 2221 and SB 897

32.4 ORDINANCE NO.

AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER

24.16 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE RELATED TO ACCESSORY

DWELLING UNITS TO CONFORM TO STATE REQUIREMENTS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Findings.

A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Santa Cruz ("City") may make and enforce all regulations and ordinances using its police powers.

B. The regulation and facilitation of the development of accessory dwelling units is a vital component of the City’s housing strategy.

C. The legislation, Assembly Bill 2221 and Senate Bill 897, signed by Governor Newsom on September 28th of this year requires the City to make certain amendments to the local regulations governing the development of accessory dwelling units.

D. The state legislation contains a clause that would invalidate the City’s local accessory dwelling unit regulations if they do not conform to the requirements of the new state law on or before January 1, 2023.

E. The local standards for accessory dwelling units will facilitate the development of accessory dwelling units within the City and are necessary for maintaining orderly growth and development patterns.

F. Pursuant to Government Code Section 65858, the City Council based on theat least a four-fifths vote, may adopt as an urgency measure, an interim ordinance to protect the public safety, health and welfare.

G. Based upon the above-described facts and circumstances, and for these same reasons, the City Council finds that this ordinance is necessary as an emergency measure for preserving the public peace, health and safety, and therefore that it may be introduced and adopted at one and the same meeting and shall take effect immediately upon its adoption, consistent with the City Charter Section 608.

Section 2. Subsection 24.16.130 – Permit Procedures of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.

32.5 2. Accessory dwelling units on substandard lots shall not be required to obtain a design permit unless they are associated with the construction of a new single-family dwelling per Section 24.08.400 et seq.

3. An accessory dwelling unit replacing a detached garage shall receive review and issuance of a demolition permit concurrently with the review and issuance of the permit for the accessory dwelling unit.

4. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of an accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3).

Applications that propose to locate an accessory dwelling unit on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundredsquare-foot accessory dwelling unit that would not trigger additional reviews; b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot or parcel; or c. When the applicant seeks a delay, in which case the sixty-day time period shall be tolled for the period of the delay.

5. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, except as specified under state law. Construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.

6. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures unless they present a threat to public health and safety and are affected by the construction of the accessory dwelling unit.

7. The City shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

32.6 8. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

9. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.

10. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant in accordance with the 60- day time period set forth in Section 24.16.130 (4) above.

Section 3. Subsection 24.16.140 – Development Standards of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.140 DEVELOPMENT STANDARDS.

All accessory dwelling units, both new construction and conversion, must conform to the following requirements:

1. Number of Accessory Dwelling Units per Parcel.
a. For parcels zoned for and including a proposed or existing single-family home: One accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For parcels developed with an existing multifamily structure(s): Two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

2. Parking. No off-street parking shall be required for any accessory dwelling unit outside of the Coastal Zone. Any parking spaces, covered or uncovered, removed in order to create an accessory dwelling unit shall not be required to be replaced outside the Coastal Zone. For properties within the Coastal Zone, parking requirements are contained in Section

24.12.240(1)(w).

3. Unit Size.

32.7 a. The floor area for new construction detached accessory dwelling units shall not exceed ten percent of the net lot area or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater, and no detached new construction ADU shall exceed a maximum of one thousand two hundred square feet of habitable area.
b. The floor area for new construction accessory dwelling units attached to the principal residential use on the property shall not exceed fifty percent of the existing habitable floor area of the principal residential use on the property, or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater.
c. The floor area for conversion accessory dwelling units shall not be limited, subject to compliance with Section 24.16.142.
d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
a. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
b. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i), or a multifamily structure that will be constructed concurrently and in conjunction with the accessory dwelling unit.

5. Rear Yard Lot Coverage. In no case shall any accessory dwelling unit be limited in size based on rear yard lot coverage requirements contained in Section 24.12.140(5). In the application of Section 24.12.140(5), accessory dwelling units shall count toward the limit on allowable coverage by other accessory structures.

32.8 b. Windows which face an adjoining residential property shall be designed to obscure views of neighboring yards by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

7. Alley or Rail Trail Orientation. When an accessory dwelling unit is adjacent to an alley or the Monterey Bay Sanctuary Scenic Trail, the accessory dwelling unit is encouraged to be oriented toward the alley or trail with the front access door and windows facing the alley.

Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to eight feet can be considered in unusual design circumstances, subject to review and approval of the zoning administrator.

8. Occupancy.
a. For accessory dwelling units permitted between January 1, 2020, and January 1, 2025, owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing these units. b. For accessory dwelling units permitted on or before December 31, 2019, or on or after January 1, 2025, the property owner or an adult member of the property owner’s immediate family, limited to the property owner’s spouse, adult children, parents, or siblings, and subject to verification by the city, must occupy either the primary or accessory dwelling as his or her principal place of residence except under circumstances as established by resolution by the city council that may allow the property owner or the executor or trustee of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall demolish the accessory dwelling unit, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)

32.9 e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes, for rentals of terms longer than 30 days. Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.
i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

9. Connections Between Units. At the discretion of the planning director, accessory dwelling units may be permitted to create direct access between units, or common access to a shared garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

10. Building Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

12. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.

Section 4. Subsection 24.16.141 – New Construction Accessory Dwelling Unit Development Standards of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

32.10 24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least four feet and rear setbacks of at least four feet. c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front yard setbacks shall be the same as those required for single-family homes in the zoning district. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet. In this case, the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while maintaining required separation between structures.

2. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall provide a side setback of at least four feet and meet the same front setback required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet, and the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while still accommodating an accessory dwelling unit of up to 800 square feet.

3. Building Height and Stories.
a. A detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:
i. Any accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. iii. Any other accessory dwelling unit shall be subject to a height limit of twenty-two feet.
b. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be oriented to obscure views of neighboring yards by accessory dwelling unit occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to accessory dwelling units that conform to the setbacks required for the primary structure on the parcel.

32.11 c. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district except as noted in subsection (3). d. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

4. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.

Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage.

For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted as lot coverage. Lot coverage requirements must permit an accessory dwelling unit up to 800 square feet. b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area.

5. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.

Section 5. Subsection 24.16.170 – Junior Accessory Dwelling Units of Part 2: Accessory Dwelling Units of Chapter 24.16 – Affordable Housing Provisions of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

1. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use and where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

32.12 3. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in an addition to a single-family dwelling.

4. Junior accessory dwelling units may be no larger than five hundred square feet in size.

5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.
c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

6. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. Where sanitation facilities are shared with the primary dwelling, the junior accessory dwelling unit shall have access to the primary dwelling through internal circulation and shall not be required to exit the structure in order to reach the entrance to the primary dwelling.

7. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling. Junior accessory dwelling units that do not contain all the required features of a dwelling unit will be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling unit.

8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.

Section 6. Effective Date and Expiration Date.

This urgency ordinance shall take effect immediately and shall expire 45 days from the date of its adoption, unless further extended by action of the City Council or replaced by a regular ordinance amending the same code sections.

PASSED FOR ADOPTION as an urgency ordinance this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

32.14 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE

CITY OF SANTA CRUZ MUNICIPAL CODE RELATED TO ACCESSORY DWELLING

UNITS TO CONFORM TO STATE REQUIREMENTS
BE IT ORDAINED by the City of Santa Cruz as follows:

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq.

2. Accessory dwelling units on substandard lots shall not be required to obtain a design permit unless they are associated with the construction of a new single-family dwelling per Section 24.08.400 et seq.

34. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. Additional administrative or discretionary review is required under applicable provisions of the Santa Cruz Municipal Code or otherwise allowed by state law. i. Applications to construct accessory dwelling units shall be subject only to ministerial permitting processes to the extent necessary to allow construction of an single-story accessory dwelling unit conforming to the size limits stated in Section 24.16.140(3). Applications that propose to locate an accessory dwelling unit on a parcel or portion of a parcel triggering additional administrative or discretionary review shall only be relieved of the requirement for those reviews when no alternative site plan or project proposal can be created which would allow the creation of an up to eight-hundred-square-foot accessory dwelling unit that would not trigger additional reviews;

32.15 b. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot or parcel; or c. When the applicant seeks a delay, in which case the sixty-day time period shall be tolled for the period of the delay.

48. Applications to construct accessory dwelling units on properties that are designated as historic resources by the city, the state of California, or by the National Register of Historic Places shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

59. Applications to construct accessory dwelling units on properties that are subject to the Citywide Creeks and Wetlands Plan shall demonstrate compliance with the requirements established in that plan for such properties, as implemented by Section 24.08.2100 et seq.

32.16 24.16.140 DEVELOPMENT STANDARDS.

All accessory dwelling units, both new construction and conversion, must conform to the following requirements:

24.12.240(1)(w).

3. Unit Size.
a. The floor area for new construction detached accessory dwelling units shall not exceed ten percent of the net lot area or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater, and no detached new construction ADU shall exceed a maximum of one thousand two hundred square feet of habitable area.
b. The floor area for new construction accessory dwelling units attached to the principal residential use on the property shall not exceed fifty percent of the existing habitable floor area of the principal residential use on the property, or eight hundred fifty square feet for a studio or one-bedroom ADU, or one thousand square feet for an ADU with more than one bedroom, whichever is greater.
c. The floor area for conversion accessory dwelling units shall not be limited, subject to compliance with Section 24.16.142.

32.17 d. Accessory units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed structure and the square footage of a traditional frame house. e. Stairways which provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
1a. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
2b. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i), or a multifamily structure that will be constructed concurrently and in conjunction with the accessory dwelling unit.

6. Nonconforming Setbacks.The following standards apply to accessory dwelling units located outside the standard side and rear yard setbacks for the zone district in which they are proposed:
a. The entrance to the accessory dwelling unit shall face the interior of the lot unless the accessory dwelling unit is directly accessible from an alley, a public street, or the Monterey Bay Sanctuary Scenic Trail.
b. Windows which face an adjoining residential property shall be designed to obscure views of neighboring yards by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

Parking provided off the alley shall maintain a twenty-four-foot back-out which includes the alley. Fences shall be three feet, six inches tall along the alley. However, higher fencing up to

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

32.19 amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes, for rentals of terms longer than 30 days. Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.
i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

10. Other Building Code Requirements. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

11. Municipal Code Requirements. All accessory dwelling units shall meet the objective design standards set forth in this Code, including landscape and tree removal and/or replacement requirements, which may require discretionary review.
1112. Large Home Design Permit. The square footage of an accessory dwelling unit shall not be counted with the square footage of the single-family home in determining whether a large home design permit is required.

32.20 24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Design. The design of the accessory dwelling unit shall relate to the design of the principal single-family dwelling by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

21. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least fivefour feet and rear setbacks of at least ten four feet.
i. Exception: Any two-story accessory dwelling unit oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall provide a setback of no less than five feet from the side and rear property lines.
c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front and sideyard setbacks shall be the same as those required for single-family homes in the zoning district. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet. In this case, the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while maintaining required separation between structures.

32. Setbacks for New Construction Attached Accessory Dwelling Units. New construction attached accessory dwelling units shall provide a side setback of at least four feet and meet the same front setback required for the principal structure, either the single-family dwelling or the multi-family structure, by the zoning district, except that any requirement for an additional setback based on height over fifteen feet shall not apply to the portion of the structure that contains the accessory dwelling unit. A smaller front setback shall be granted only if needed to accommodate an accessory dwelling unit of up to 800 square feet, and the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while still accommodating an accessory dwelling unit of up to 800 square feet.

43. Building Height and Stories.
a. A one-story detached new construction accessory dwelling unit shall be no more than sixteen feet in height measured to the roof peak.
ba. A two-story detached new construction accessory dwelling unit shall meet one of the following standards, with height measured to the roof peak:

32.21 i. Any two-story accessory dwelling unit that is built within four feet of a side and rear property line shall be subject to a height limit of sixteen feet. ii. Any two-story accessory dwelling unit that is oriented toward an alley, street, or the Monterey Bay Scenic Sanctuary Trail shall be subject to a height limit of twenty-two feet.
iii. Any other two-story accessory dwelling unit shall be subject to a height limit of twenty-two feet.
cb. Any two-story detached new construction accessory dwelling unit shall place access stairs, decks, entry doors, and windows toward the interior of the lot, an alley, road, or the Monterey Bay Sanctuary Scenic Trail, if applicable. Second-story windows shall be oriented to obscure views of neighboring yards by ADU accessory dwelling unit occupants by using transom windows, translucent glass, or other methods. These requirements do not apply to two-story ADU accessory dwelling units that conform to the setbacks required for the primary structure on the parcel. dc. An attached new construction accessory dwelling unit may occupy any level of the principal single-family dwelling and must comply with the height standard established for single-family homes in the zone district except as noted in subsection (3). ed. If the design of the principal structure has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

54. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, the following design standards shall apply, but shall not serve to limit the accessory dwelling unit to a size of less than eight hundred square feet:
a. The maximum allowable lot coverage for all structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet.

32.22 b. The floor area for all second stories shall not exceed fifty percent of the first floor area for all structures, except in cases where the first floor area of the structure to which a second story is being added constitutes thirty percent or less of the net lot area. c. Continuous long walls parallel to the side property line with narrow side yards shall be minimized.
d. Landscaping shall be required at least for front yard areas. e. Structures, landscaping or other features shall incorporate methods to lessen the visibility of garages on a street facade.

65. Large Home Design Permit. Accessory dwelling units, both attached and detached, conversion and new construction, shall not contribute to the need for a large home design permit and, consistent with Section 24.16.130, shall be subject only to ministerial review. The city reserves the right to delay action on an application to build an accessory dwelling unit until such time as the permits for the primary residential use on the parcel have been approved.

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

2. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

3. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in an addition to a single-family dwelling.

4. Junior accessory dwelling units may be no larger than five hundred square feet in size.

5. Junior accessory dwelling units shall contain, at a minimum, the following features:
a. An exterior entrance separate from that of the primary home. b. A cooking facility with appliances.

32.23 c. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

8. A deed restriction pursuant to Section 24.16.150 shall be required and recorded on the parcel.

32.24 AB-2221 Accessory dwelling units.(2021-2022)
As Amends the Law Today
SECTION 1.

These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

32.25 (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the approve or deny an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation or service of an accessory dwelling unit.

32.26 (B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (7) (6) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) (7) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.

No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.
(C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an

32.27 accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

32.28 (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

32.29 (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

32.30 (g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

32.31 (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

32.32 SB-897 Accessory dwelling units: junior accessory dwelling units.(2021-2022) SEC. 2.5.

Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. dwelling, including detached garages. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

32.33 (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(3) (A) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the

32.34 permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(B) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subparagraph (A), the permitting agency shall, within the time period described in subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(4) (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) (7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing singlefamily dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant requirement, except that except that, subject to subparagraphs (B) and (C), a local agency may require that the property be used for rentals of terms longer than 30 days. an applicant for a permit issued pursuant to this subdivision to be an owner-occupant.
(B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025. (ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025.

32.35 (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days. (7) (9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.

32.36 (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (D) Any height limitation that does not allow at least the following, as applicable:
(i) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(ii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(iii) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(iv) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(d) Notwithstanding any other law, a local agency, and whether or not it the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any all of the following instances: shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) (A) The Where the accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) (B) The Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) (C) The Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) (D) When on-street onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph. (2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted

32.37 structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot limitation in clause (i), (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2) of subdivision (c) and rear yard and side setbacks. setbacks of no more than four feet.
(ii) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.

32.38 (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials,

32.39 upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section shall supersede a conflicting local ordinance. This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

32.40 (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(7) (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (8) (10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(9) (11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) (12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.

32.41 (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 4.

Section 65852.22 of the Government Code is amended to read:
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for singlefamily residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single-family single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.

32.42 (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(c) (1) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall act on either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay acting on approving or denying the permit application for the junior accessory dwelling unit until the permitting agency acts on approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (2) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (d) (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the singlefamily residence includes a junior accessory dwelling unit or not. (e) (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) (g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, regulation related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) (h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) (i) For purposes of this section, the following terms have the following meanings:

32.43 (1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (3) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

SEC. 5.

Section 65852.23 is added to the Government Code, to read:
65852.23.
(a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. (c) The section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6.

Section 17980.12 of the Health and Safety Code is amended to read:
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a

32.44 violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
(3) (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3). (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

32.45 1
Rosemary Balsley
From: Karen Kaplan <[email protected]>
Sent: Monday, December 12, 2022 12:17 PM
To: City Council
Subject: Tues. Dec. 12, Santa Cruz City Council Meeting: Proposed 4' Setback Requirement for Accessory Dwellings
Dear Mayor & Santa City Council:

RE: Tues. Dec. 12, Santa Cruz City Council Meeting: Proposed 4' Setback Requirement for Accessory Dwellings Agenda Item # 32
The proposed 4' set back is not enough.

Please keep the current 10' setback requirement, whenever possible.

I suggest that variances be reviewed and approved on a case by a case basis as specified in the Santa Cruz General Plan, depending on how it impacts adjacent properties and neighbors. Factors to consider when approving accessory dwellings include the impacts of light, noise, pollution, traffic, privacy, safety, etc.

Thank you for your immediate consideration.

Sincerely,
Karen Kaplan

32. Municipal Code Amendments Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associa Motion to:
1) Adopt an urgency ordinance making specified changes in Chapter 24.16 of the Municipal Code re 2) Direct staff to proceed with developing a regular ordinance that addresses the same state code https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Documents/ViewDocument/Summary%20S %20Municipal%20Code%20Amendments%20Relating%20to%20Accessory%20Dwelling%20U.pdf?meetin __________________________
Rule changes for in‐law / accessory units
In its early session Tuesday, the council is set to consider an emergency law to update the city’s laws on in‐law units to match new state laws.

The proposed changes to match state laws AB 2221 and SB 897 include:

32.46 2
• A reduction in setback requirements for in‐law units, also known as accessory dwelling units. For accessory dwelling units taller than 16 feet, the rear setback is reduced to 4 feet from 10 feet. For accessory dwelling units attached to the primary home, the setback is reduced to 4 feet. • City staff have proposed a maximum height of 22 feet for new accessory dwelling units that meet setback requirements. Current city law allows that 22‐foot height only for two‐story units with side and rear setbacks of at least 4 feet.

If adopted, the proposed emergency law would take effect immediately. These types of laws do not require planning commission review and can be introduced and adopted in the same meeting. It would be effective for 45 days. For the changes to remain, the council would have to adopt a regular law change in subsequent meetings.

32.47 City Council

AGENDA REPORT
DATE: November 14, 2022
AGENDA OF: December 13, 2022
DEPARTMENT: Planning and Community Development
SUBJECT: 404 Centennial Street: CP22-0046 - Right-of-Way Abandonment at the Frontage of the Property at 404 Centennial Street, Located within the R-1-5 (Single Family Residence) Zone District. (Environmental Determination:

Categorical Exemption) (Owner: Lily Tian & Victor Ge) (PL) RECOMMENDATION: Resolution acknowledging the environmental determination and approving Right-of-Way Abandonment based on the findings included in the attached resolution.

BACKGROUND: The right-of-way proposed for abandonment is on the northeast corner of Delaware Street and Centennial Street, adjacent to the parcel at 404 Centennial Street. This section of land was originally Monterey Street before Delaware Street was constructed through the neighborhood in the 1960s. The origination of the remnant right-of-way is most clearly shown (hatched area) through the following GIS map:

As demonstrated by the above map, the subject area proposed to be abandoned (shown as hatched) was part of the original Monterey Street right-of-way but no longer became usable to the public after the development of the Delaware Avenue corridor.

33.1 Planning Commission
On October 20, 2022, the Planning Commission held a public hearing for the project. No members of the public testified. The Commission recommended (7-0) that the City Council approve the proposal, including:
 Acknowledgment of the environmental determination
 Approval of the Right-of-Way Abandonment
A draft Action Summary for the October 20, 2022 Planning Commission is attached.

DISCUSSION: A detailed analysis and description of the project can be found in the attached Planning Commission staff report (note that attachments to that Planning Commission staff report are available from the October 20, 2022 Planning Commission agenda at http://www.cityofsantacruz.com/planningcommission).

Ownership of the Right-of Way
An in-depth title search was completed by staff, and it was concluded that the City does not have a fee ownership interest in the property. In California, the general rule is that it will be presumed that where property is sold by reference to a recorded map or where the grantee takes the fee title to real property by a lot and block description, the grantee takes to the center of the street or streets shown on the map as bounding the property. Neff v. Ernst (1957) 48 Cal.2d 628, 635; Moody v. Palmer (1875) 50 Cal. 31.

Here, the property description in the Condition of Title Guarantee is as follows:

Lot 6, in Block 27, as the same is shown upon that certain Map entitled, “Map of David Gharky’s Southwestern Addition to Santa Cruz”, in the City of Santa Cruz, County of Santa Cruz, State of California, filed for record in the Office of the County Recorder of Santa Cruz County on November 1, 1876 in Map Book 9 at Page 8, Santa Cruz County Records.

This description references a recorded map and follows a lot and block description. Following the general rule, the fee title would therefore pass to the center of the street, which would include the right-of-way area at issue. As a result, unless a different intent somehow appears from the grant deed, it seems that the Property owner owns the area in fee, and the City merely has an easement interest. Therefore, the City does not have the ability to sell the property.

Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The project supports the pillar of equity by providing ownership of the yard area that has been maintained by the parcel owners for several decades. The project supports the pillar of public health by providing additional square footage to the parcel for the opportunity to add to the existing residence as well as provide more usable private open space for

33.2 the occupants. The project supports the pillar of sustainability by expanding a residential parcel that will enhance efficient use of space within an area of existing urban development, while maintaining access to adjacent public rights-of-way, including streets and sidewalks, which in turn, will encourage a sustainable and healthy lifestyle by promoting use of alternative forms of transportation, such as travel on foot and by bicycle. Therefore, the project is considered to be consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.

Summary and Recommendation
The subject area proposed to be abandoned was part of the original Monterey Street right-ofway, but no longer became usable to the public after the development of the Delaware Avenue corridor. It is therefore recommended that the City Council acknowledge the environmental determination and approve the Right-of-Way Abandonment based on the findings included in the attached City Council resolution.

FISCAL IMPACT: An in-depth title search was completed by staff, and it was concluded that the City does not have a fee ownership interest in the property. Therefore, the City does not have the ability to sell the property. With the abandonment, the 404 Centennial Street parcel will increase in size and presumably in value, generating a slight increase in property tax.

Prepared By:

Ryan Bane
Senior Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:
1) Resolution
2) Abandonment Survey
3) October 20, 2022 Planning Commission Staff Report
4) Draft Action Summary for the October 20, 2022 Planning Commission

33.3 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ENACTED PURSUANT TO THE PROVISIONS OF DIVISION 9, PART 3, CHAPTER 4 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF DELAWARE AVENUE RIGHTOF-WAY ADJACENT TO ASSESSOR’S PARCEL NO.: 004-253-19 BE IT RESOLVED, by the City Council of the City of Santa Cruz as follows:

1. Property owner Lily Tian has petitioned the City of Santa Cruz to proceed with the vacation and abandonment of a portion of the Delaware Avenue right-of-way adjacent to Assessor’s Parcel No. 004-253-19, situated in the City of Santa Cruz, as hereinafter described in Exhibit “A,” attached hereto and by this reference made part hereof, pursuant to the provisions of Division 9, Part 3, Chapter 4 of the Streets & Highways Code of the State of California.

2. The vacation and abandonment of this portion of the Delaware Avenue right-ofway is authorized by Streets & Highways Code Section 8324(b) in that: this portion of the Delaware Street right-of-way is unnecessary for present or prospective public use as a street and sidewalk right-of-way.

3. In accordance with Government Code Section 65402(a), the City of Santa Cruz Planning Commission, on October 20, 2022, considered the subject of vacation and abandonment, determined that said vacation and abandonment was in conformity with applicable General Plan policies as more specifically set forth in the pertinent October 20, 2022 Planning Commission Agenda Report and directed that its determination be reported to the City Council.

4. The project is categorically exempt from environmental review under Class 5 of the CEQA Guidelines, Section 15305(c) which allows minor alterations in land use limitations, specifically reversion to acreage in accordance with the Subdivision Map Act. None of the exceptions to the exemptions under Section 15305 apply to the project since the average slope of the area is less than 20%, and there is not a change in land use or density. Further, none of the exceptions to the exemptions listed in Section 15300.2 apply insofar as the abandonment: does not involve a cumulative impact; would not create a significant effect on the environment due to unusual circumstances; does not involve a scenic highway; does not involve a hazardous waste site; and, does not involve a listed historic resource.

5. IT IS THEREFORE ORDERED, by the City Council of the City of Santa Cruz, that said portion of the Delaware Avenue right-of-way described in Exhibit “A,” attached hereto, and by this reference incorporated herein, be, and the same is hereby abandoned and vacated. As part of the approval of the abandonment and vacation, a storm drain easement shall be recorded in conjunction with the recordation of the abandonment, and the applicant shall work with city staff to notice local utility companies to determine if additional easements are necessary prior to recordation of the abandonment.

33.4 6. The City Clerk of the City of Santa Cruz is hereby directed to cause a certified copy of this Resolution, attested by the City Clerk under the Seal of the City of Santa Cruz, together with a Public Works Department approved storm drain easement and any other necessary utility easements to be recorded in the office of the County Recorder of the County of Santa Cruz, California. From and after the date the Resolution is recorded, said portion of the Delaware Avenue right-of-way hereby vacated and abandoned will no longer constitute a public right-of-way.

PASSED AND ADOPTED this 13th day of December, 2022, by the following votes:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Sonja Brunner, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

33.5 33.6

33.7 33.8
07/13/2022

33.9 \\vFShare\PL\_Public\PACKETS\2022\PC\2022-10-20\404 Centennial St CP22-0046\Centennial St. ROW Aband CP22-0046 PC Staff Report.doc

PLANNING COMMISSION

AGENDA REPORT
Date: October 10, 2022
AGENDA OF: October 20, 2022
ITEM NO.: CP22-0046 404 Centennial Street
RECOMMENDATION: That the Planning Commission recommend to the City Council approval of the Right-of-Way Abandonment.

PROJECT DATA
Applicant: Lily Tian
Owner: Lily Tian & Victor Ge
Application Type: Right-of-Way Abandonment at the frontage of the property at 404 Centennial Street, located within the R-1-5 (Single Family Residence) zone district.

Zoning: R-1-5 (Single-Family Residential)
General Plan: Low-Density Residential (1.1 to 10 DU/acre) Land Use:

Existing: Remnant city right-of-way
Proposed: Private property/Storm Drain Easement
Right-of-Way Area: Approximately 1,126 square feet
Coastal Review: Coastal Exclusion Zone A
Environmental Review: Categorical Exemption (Class 15305-c) Mandatory Action Date: 60 days after acknowledgement of Categorical Exemption Planner: Ryan Bane, Senior Planner
BACKGROUND:

The right-of-way proposed for abandonment is on the northeast corner of Delaware Street and Centennial Street, adjacent to the parcel at 404 Centennial Street. This section of land was originally Monterey Street before Delaware Street was constructed through the neighborhood in the 1960s. The origination of the remnant right-of-way is most clearly shown through the following GIS map:

33.10 AGENDA REPORT
PC Meeting of October 20, 2022
SUBJECT: 404 Centennial St. – CP22-0046

Page 2 ends

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As demonstrated by the above map, the subject area proposed to be abandoned was part of the original Monterey Street right-of-way, but no longer became usable to the public after the development of the Delaware Avenue corridor.

DISCUSSION:

The portion of right-of-way to be abandoned is not a part of the public roadway or sidewalk and is not part of a planned public improvement. The area currently functions as part of the front and side yard for the parcel at 404 Centennial Street.

An underground storm drain line that was incorporated as part of Monterey Street prior to the Delaware Street development does exist along the very southern portion of the proposed abandonment area:

33.11 AGENDA REPORT
PC Meeting of October 20, 2022
SUBJECT: 404 Centennial St. – CP22-0046

Page 3 ends

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The Public Works Department is in support of the right-of-way abandonment, with the requirement that a storm drain line easement be recorded (see cross-hatched area on attached Abandonment Survey). The action requires City Council approval with a recommendation from the Planning Commission confirming that the abandonment is in conformity with applicable General Plan policies.

General Plan Conformance
The proposed abandonment conforms to the General Plan which seeks to provide a safe road network that supports and encourages bike and pedestrian travel. The project would abandon a portion of the right-of-way that does not contain roadside improvements (sidewalk, curb, or gutter) and that is not a planned improvement area. All public improvements would remain within the public right-of-way and a small portion of the area shall remain a public utility easement following abandonment. The abandonment would align the edge of the right-of-way with the back of the sidewalk, which is typical for a fully improved public street where future improvements or widening is not anticipated.

Environmental Review
The project is categorically exempt from environmental review under Class 5 of the CEQA Guidelines, Section 15305(c) which allows minor alterations in land use limitations, specifically reversion to acreage in accordance with the Subdivision Map Act. None of the exceptions to the exemptions under Section 15305 apply to the project since the average slope of the area is less than 20%, and there is not a change in land use or density. Further, none of the exceptions to the exemptions listed in Section 15300.2 apply insofar as the abandonment: does not involve a cumulative impact; would not create a significant effect on the environment due to unusual circumstances; does not involve a scenic highway; does not involve a hazardous waste site; and, does not involve a listed historic resource.

Health in all Policies (HiAP)

33.12 AGENDA REPORT
PC Meeting of October 20, 2022
SUBJECT: 404 Centennial St. – CP22-0046

Page 4 ends

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HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The project supports the pillar of equity by providing ownership of the yard area that has been maintained by the parcel owners for several decades. The project supports the pillar of public health by providing additional square footage to the parcel for the opportunity to add to the existing residence as well as provide more usable private open space for the occupants. The project supports the pillar of sustainability by expanding a residential parcel that will enhance efficient use of space within an area of existing urban development, while maintaining access to adjacent public rights-of-way, including streets and sidewalks, which in turn, will encourage a sustainable and healthy lifestyle by promoting use of alternative forms of transportation, such as travel on foot and by bicycle. Therefore, the project is considered to be consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.

33.13 AGENDA REPORT
PC Meeting of October 20, 2022
SUBJECT: 404 Centennial St. – CP22-0046

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RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the abandonment to the City Council based on the attached Draft Resolution.

Submitted by:

Ryan Bane
Senior Planner
Approved by:

Samantha Haschert
Principal Planner
Attachments:

1. Draft Resolution

2. Abandonment Survey

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

PLANNING COMMISSION
Action Summary
Regular Meeting
October 20, 2022
7:00 P.M. GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, ZOOM WEBINAR Call to Order - The meeting was called to order at 7:00 p.m.

Roll Call-Commissioners Conway, Kennedy, Mesiti-Miller, Schiffrin, and Dawson were present. Commissioners Greenberg and Maxwell were absent with notification.

Statements of Disqualification-None.

Approval of Minutes

1. Approval of the minutes of October 6, 2022
MOTION: Motion made by Commissioner Mesiti-Miller, seconded by Commissioner Schiffrin, to approve the minutes of October 6, 2022.

ACTION: The motion was approved by the following vote:

AYES: Schiffrin, Kennedy, Mesiti-Miller
NOES: None
ABSTAIN: Conway, Dawson
ABSENT: Greenberg, Maxwell
Consent Public Hearing Agenda

2. Amendment to Municipal Code Title 24 - Zoning Ordinance to allow cannabis retail deliveries to the City from legal retail delivery businesses located within any jurisdiction within Santa Cruz County, Project Number: A22-0004

33.15 Recommendation: Motion to recommend that the City Council approve the proposed amendments to the Santa Cruz Municipal Code as presented in the staff report dated October 13, 2022.

3. 404 Centennial Street Project Number: CP22-0046 Right-of-Way Abandonment at the frontage of the property at 404 Centennial Street, located within the R-1-5 (Single Family Residence) zone district.

Recommendation: That the Planning Commission recommend to the City Council approval of the Right-of-Way Abandonment.

MOTION: Motion made by Commissioner Kennedy, seconded by Commissioner Schiffrin, to approve consent public hearing items 2 and 3 as recommended by staff.

ACTION: The motion was approved by the following vote:

AYES: Schiffrin, Kennedy, Mesiti-Miller, Conway, Dawson NOES: None
ABSTAIN: None
ABSENT: Greenberg, Maxwell
Information Items

4. Staff Report Back Regarding Planning Commission Tour of Buildings No action taken.

Subcommittee/Advisory Body Oral Reports
Items Referred to Future Agendas
Adjournment - The meeting adjourned at 7:20 p.m.

33.16 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Fire
SUBJECT: Amendment to Santa Cruz Municipal Code Section 19.05.170 Adopting Additional Provision of the 2022 Edition of the California Fire Code (FD) RECOMMENDATION: Motion to introduce for publication an ordinance to amend Santa Cruz Municipal Code (SCMC) Section 19.05.170 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures.

BACKGROUND: The City of Santa Cruz (“City”) City Council adopted and incorporated by reference the 2022 edition of the California Fire Code and Fire Code Standards in SCMC Chapter 19.05 on November 15, 2022. The proposed ordinance further amends SCMC Section

19.05.170 to incorporate California Fire Code Section 311.5.

DISCUSSION: SCMC Section 19.05.170 currently incorporates Sections 311.1.1 though 311.4 of the California Fire Code. The proposed revision to SCMC Section 19.05.170 incorporates California Fire Code Section 311.5. This section provides standards for marking vacant or abandoned buildings or structures determined to be unsafe due to structural or interior hazards that pose a significant risk to responding firefighters. Conditions posing risks include dilapidation, decay, damage from previous fires, vandals, and other factors. Placarding of these structures alerts responding fire and rescue personnel of the potential danger and/or associated risks that might exist within a specific structure, allowing responders to quickly identify hazards and develop appropriate strategies and tactics based on fireground conditions encountered.

FISCAL IMPACT: None.

Prepared By:

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

Rob Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ORDINANCE.DOCX

34.1 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY OF SANTA CRUZ TO AMEND SANTA CRUZ MUNICIPAL CODE SECTION 19.05.170 TO ADOPT ADDITIONAL PROVISION OF THE 2022 EDITION OF THE CALIFORNIA FIRE CODE
WHEREAS, the City of Santa Cruz (“City”) City Council adopted and incorporated by reference the 2022 edition of the California Fire Code and Fire Code Standards in Santa Cruz Municipal Code (“SCMC”) Chapter 19.05 on November 15, 2022; and WHEREAS, the City proposes further amendments to SCMC Chapter 19.05 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures; and
WHEREAS, California Health and Safety Code Section 17958.7 requires the Santa Cruz City Council make express findings that changes or modifications to the requirements contained in the provisions published in the California Building Standards Code, including the California Fire Code, and the other regulations adopted pursuant to Section 17922 (including, but not limited to, green building standards) are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Section 17958.7 further requires that a copy of the above referenced findings “together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission”; and
WHEREAS, the Santa Cruz City Council finds that the proposed amendment to SCMC section 19.05.170, adding placard requirements in Section 311.5 of the California Fire Code, does not conflict with the California Fire Code; and
WHEREAS, Santa Cruz City Council hereby approves the below-noted amendment to Chapter 3 of the 2022 California Fire Code. The below-noted modification has been proposed by the Santa Cruz Fire Department, in consultation with the City Attorney’s Office; and WHEREAS, Staff is directed to file a copy of the findings included in this Ordinance with the California Building Standards Commission pursuant to California Health and Safety Code Section 17958.7.

34.2 ORDINANCE NO. 2022-xx
2 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1: Section 19.05.170 of the Santa Cruz Municipal Code is amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):
“19.05.170 SECTION 311.1 IS AMENDED – VACANT PREMISES
Section 311.1 of Chapter 3 of the Fire Code of the city of Santa Cruz is amended to read as follows:
311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.4. 311.5”
SECTION 2: Interpretation
A. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

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

SECTION 3: Environmental Review
This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.) SECTION 4: This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

34.3 ORDINANCE NO. 2022-xx
3 APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this __ day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

34.4 City Council

AGENDA REPORT
DATE: 11/15/2022
AGENDA OF: 12/13/2022
DEPARTMENT: City Clerk/Parks and Recreation
SUBJECT: City of Santa Cruz Children’s Fund Committee Appointments (CC/PR) RECOMMENDATION: Motion to:
1) Appoint two at-large members to the Children’s Fund Committee (Committee), with terms ending January 31, 2026; and
2) Direct the Mayor to appoint one Councilmember and one member from a youth organization to serve on the Committee.
3) Ratification of members brought forward by the Parks and Recreation Commission, the Santa Cruz City School District, and First Five Santa Cruz:
a) Parks and Recreation Commission: To be selected at the December 12th Parks and Recreation Meeting;
b) Santa Cruz City Schools: Kris Munroe
c) First Five Santa Cruz: David Brody
BACKGROUND: At the November 2, 2021 election, a majority of voters approved Measure A, which established the Santa Cruz Children’s Fund and amended the City Charter to dedicate twenty-percent (20%) of revenue generated by the Cannabis Business Tax to youth and early childhood development programs and services on an annual basis.

DISCUSSION: On October 4, 2022, a working group comprised of staff, Councilmembers Kalantari-Johnson and Golder, and Vice Mayor Watkins met with Nicole Young from Optimal Solutions Consulting. The working group discussed the creation and composition of an oversight committee as set forth in Measure A and described below.

Per Measure A:

The City Council shall designate a community oversight panel to make recommendations on the use of future revenues in a manner consistent with this Section which may include, but shall not be limited to, representatives of the following:

A. The City’s Parks and Recreation Commission;
B. The Santa Cruz City School District;
C. First Five Santa Cruz;

35.1 D. Youth Organizations;
E. The City Council.

In addition to the above-specified represented organizations, the working group also added two members who would serve in an at-large capacity and be possibly from 1) a community agency or 2) a community leader with a connection to the children/youth sector. Those interested must submit an application and appointments would be made by Council during the annual Advisory Body appointments process.

Further, the working group specified the following membership criteria:
- One member from the Parks and Recreation Commission.
- One member from the Santa Cruz City School District.
- One member from First Five Santa Cruz County.
- One member from a youth organization, appointed by the Mayor. - One Councilmember who serves on the Youth Action Network and/or acts as a liaison working with youth leaders, appointed by the Mayor.

Once the Committee is selected and convened, they will discuss recommendations on the use of future revenues in a manner consistent with Measure A. Bylaws will be drafted and provided to Council for consideration and adoption. The City Council will receive recommendations from the Committee as part of each fiscal year’s budget approval process.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Tony Elliot
Director of Parks and
Recreation
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. APPLICATIONS

35.2 35.3

35.4 35.5

35.6 City of Santa Cruz
Children’s Fund Oversight
Committee
December 13, 2022

35.7 Measure A
November 2, 2021: Voters approved a ballot measure
(Measure A) amending the City Charter to allocate 20% of revenue generated by the Cannabis Business Tax to youth and early childhood development programs.

35.8 Children’s Fund Purpose and Intent
• To support enhancement and expansion of evidence-based programs to prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments. (City Charter)
• Monies are to be used to provide services to Santa Cruz children and youth less than twenty-five (25) years old, in accordance with asset-based youth development principles, and placing a strategic priority on serving those children and youth most impacted by poverty, trauma, and violence.
(Measure A)

35.9 Why This Matters
• Cities benefit when youth live safe, peaceful, and healthy lives free from involvement with the juvenile and criminal justice systems.
• By helping City of Santa Cruz children and youth to succeed in school and graduate high school prepared for college, career, and community, the City of Santa Cruz will benefit.
• Fostering the healthy development of young children, ages 0-5 years old, will have a positive impact on the Santa Cruz community. (Measure A)

35.10 Children’s Fund Working
Group
Outcomes
• Representatives of the
committee
• Terms
• Appointment process
• Purpose and function of
Committee

35.11 Oversight
• The City Council shall designate a community oversight panel to make recommendations on the use of future revenues in a manner consistent with this Section which may include, but shall not be limited to, representatives of the following:
• Parks and Recreation Commission
• The Santa Cruz City School District
• First Five Santa Cruz
• Youth Organizations
• The City Council (Measure A)

35.12 Recommendation
• Appoint Rachel Dann and Donna Geffken to serve as at-large members, with terms ending January 31, 2026
• Direct the Mayor to appoint one Councilmember and one member from a youth organization
• Ratify the members brought forward by the Parks and Recreation Commission, the Santa Cruz City School District, and First Five Santa Cruz:
• Parks and Recreation Commission: Hollie Locatelli
• Santa Cruz City Schools: Kris Munro
• First Five Santa Cruz: David Brody

35.13 City Council

AGENDA REPORT
DATE: Dec. 8, 2022
AGENDA OF: December 13, 2022
DEPARTMENT: City Manager’s Office
SUBJECT: Homelessness Response Quarterly Update (CM)
RECOMMENDATION: Receive updates regarding Council directed homelessness response programs and services, including Homelessness Response Action Plan implementation details, objectives and outcomes.

BACKGROUND: At the March 8, 2022, Council meeting staff presented, and Council adopted, the Homelessness Response Action Plan (HRAP) to guide the City’s efforts over a 3-year period.

At that same meeting, staff committed to provide quarterly updates to Council on all homelessness response efforts.

This is the fourth quarterly report to Council for 2022, which includes:

A. A summary of the HRAP accomplishments to date and priority areas of focus for the coming quarter;
B. An update on the budgets related to homelessness response, including the use of American Rescue Plan Act (ARPA) funds and the State provided $14 million; C. A summary of the San Lorenzo Park encampment closure and resulting outcomes; and D. An overview all the current and planned City and County homelessness response collaboration efforts.

DISCUSSION:
(A) Homelessness Response Action Plan
At the start of this calendar year, staff began the process of developing a 3-year action plan to identify and prioritize the short-term actions needed to ensure the City’s contributions to the homeless crisis are appropriate and effective. This step was motivated by not only the need for clear guidance, but also by the acquisition of state-provided funds to create alternative shelter and support and the necessary infrastructure to assist the City’s disproportioned unsheltered population. The resulting Homelessness Response Action Plan (HRAP) now guides City policy and action. What follows is a detailed summary, by Action Area, of the HRAP accomplishments to date as well as the priority areas that will be the next focus. Staff recognizes that not all HRAP goals are discussed herein as said goals are longer-term and out of the current scope of work.

36.1 Building Capacity and Partnership
The City continues to work effectively with our local partners, including the County of Santa Cruz and multiple community-based and philanthropic organizations, to meet some of the shelter and service needs in our community. Behavioral health, mental health, and addiction are key struggles for the unhoused population in Santa Cruz. To address this challenge, we are taking a collaborative, programmatic approach by creating systems of access and care to help people understand their options.

The City and County service providers coordinate and enhance outreach and data collection to help make effective use of limited resources, improve our planning, and track our progress.

Housing Matters continues to be a robust partner, with over 45 people from the Benchlands closure accessing services and shelter at their campus.

The City built an active homelessness response unit with new team members who collaborate effectively with nearly every department within the City on homelessness related projects including the new Homelessness Response Field Division in Public Works. This new division will work collaboratively to address encampment abatement citywide and support sanctioned camps. The Field Supervisor and two Homelessness Response Field Workers have been hired.

Proactive communications about the City’s homelessness response activities have been a priority this quarter. During the Benchlands encampment closure process we established regular updates for internal and external stakeholders including City staff, neighbors, businesses, community organizations, partners and media. The City also published a new Homelessness Response website (www.cityofsantacruz.com/homelessness), now featuring a “FAQ” section that is informed by community questions and a “News & Updates” section that highlights recent activities, successes and community engagement opportunities.

Staff is moving forward with implementing the legislative advocacy objectives identified in the workplan. In order to support this work, the City released an RFP for governmental relations consultation with specific expertise in homelessness response for cities on November 14, 2022.

The scope of work will include advocacy, tracking and reporting, strategy, relationship building as it relates to the California legislature, and coalition building with other cities. Proposals are due by January 6, 2023. The City continues to be in communication with local state legislative representatives on policy issues related to homelessness, including the need for additional revenue to sustain the services the City has established in the past year.

Permanent Affordable and Supportive Housing
Housing Production Progress. The City currently has over 2,300 residential units in process, meaning that a project with new residential units is in a stage between when a formal preliminary review application is submitted and when construction is not yet complete. Approximately 850 of those units are deed-restricted affordable housing units, and over 220 of those affordable units are permanent supportive housing units for people experiencing or at risk of experiencing homelessness. Two 100%-affordable projects are under construction (70 units at Pacific Station South and 65 units on the west side of Cedar Street at Cathcart Street, with approximately 35 of those units being permanent supportive housing). The Harvey West Studios project, which includes 120 permanent supportive housing units, has been awarded $26 million in funding, and Housing Matters is anticipating that construction could begin as soon as Spring 2023. Fifty

36.2 permanent supportive housing units are also planned on Jessie Street (replacing 14 existing permanent supportive housing units), with a similar timeline expected.

In addition to the housing projects in the pipeline, other significant planning projects are also underway that can facilitate housing production. The objective standards project (the second reading of which is on this same Council agenda) provides clarity for staff, developers, and the community regarding development standards. The Downtown Plan Expansion is increasing the housing capacity in the area south of Laurel Street, and the Housing Element Update is planning for how the City will meet its Regional Housing Needs Allocation for 2024 through 2031 – a total of 3,736 units including 709 moderate-income, 562 low-income, and 859 very-low-income units.

Coral Street Master Plan. Following their selection through a formal request for proposals process, the City has been working with the selected consultant, Dahlin Group, on background information, data gathering, and initial stakeholder input to inform the Coral Street Master Plan process. An initial, virtual stakeholder meeting was held on October 26, 2022 and was attended by approximately 25 people representing the City, County, and various service providers.

Stakeholders expressed a desire for a navigation center, permanent supportive housing, affordable housing, new medical offices, and various other uses. Housing Matters led City staff and consultants on a site tour in November, and the first design charrette is scheduled for Monday, December 12 from 5:00 p.m. to 7:00 p.m. at London Nelson Community Center.

Community members are encouraged to attend. The consultants will coalesce the feedback from the design charrette, consult with stakeholders, and host another community meeting early next year. A draft master plan will then be presented for a recommendation from the Planning Commission and then for acceptance by and direction from the City Council.

Eviction Prevention: In partnership with the County of Santa Cruz and other local jurisdictions, there was an agreed-upon need to augment eviction prevention efforts given the impending expiration of the State eviction moratorium and a backlog in the processing of applications for relief that tenants and landlords submitted to the State. On April 12, 2022, Council authorized the allocation of $150,000 of the state funds be used to support eviction prevention efforts in alignment with the County’s commitment of $500,000. This funding expanded an existing contract with Community Action Board to provide support of legal education and mediation services to reduce potential evictions and prevent homelessness. Through November 30, 2022, approximately $108,000 has been utilized to support 40 households (111 people) in the city from eviction.

Basic Support Services
Extensive work has been accomplished in the Basic Support Services Action Area, which focuses on creating the direct services needed to provide safe alternative shelter and support services. Since the beginning of 2022, the City of Santa Cruz has opened 165 safe sleeping spots and 27 safe parking spots, collectively providing services to over 310 individuals this year. What follows is a detailed list of the services and accomplishments to date as well as the priority areas staff will focus on in the coming months:

Safe Sleeping: The 1220 River Street Transitional Community Camp opened in January of 2022.

This low barrier, tent-based program is designed to offer participants a transitional location to

36.3 stabilize and, with the support of City staff case managers and their fellow participants, to accomplish individual service plans such as obtaining vital documents, getting a job, connecting to support services, and, ultimately, finding more stable housing. There have been 56 participants at the 1220 River St. Camp since the inception of the program earlier this year. All program participants receive case management coordination and connection to services. To date, 17 participants (30%) have move into housing or more stable shelter (permanent supportive housing, Sober Living Environment, or Housing Matters). Countless barriers to housing have been removed for participants and many have accessed supportive services such as behavioral health and substance abuse support since entering the program. Of the currently enrolled participants, 9 are gainfully employed. The 1220 River Street program has proven, in the short time it has been opened, to be both effective and sought after by unsheltered individuals. It is still the hope of staff that an additional site can be located so this program can be replicated, possibly with a targeted focus on women, individuals coming out of recovery treatment and/or individuals with mobility challenges.

The City Overlook program was opened in May of this year, with 75 spots and was, then a few months later in September, expanded for a current total of 135 spots. This tent-based program is funded by the City and operated by The Salvation Army (TSA). Since the inception, 217 guests have participated in the program. Of those 20 have moved into housing or more stable shelter and over 45 guests have received case management services for outside agencies. Of the currently enrolled guests, 20 are gainfully employed and 5 are participates in the Downtown Street Team. Although TSA does not directly offer case management services, their staff is integral in connecting guest to County and non-profit support services. TSA staff also assist guests in applying for housing and facilitate guests’ transportation to jobs, job interviews, and appointments to see apartments. Iin addition to those services, the Homeless Persons Health Project (HPHP) also offers medical onsite services twice monthly, such as check-ups, vaccines and wound care. The City is currently contracted with TSA through the end of the current fiscal year (June 2023). Funding currently exists to extend the contract for a few month and City staff is actively seeking additional funds with the hope of sustaining this program continuously.

Safe Parking: This year City has ventured into a new area of support services with the creation of a three-tiered safe parking program for individuals living in oversized vehicles. The goal of this program is to not only provide a safe, dedicated spot for individuals to park overnight, but also to help connect program participants to services in an effort to support their journey back into housing. The three-tier program consists of Tier 1: three emergency one-night only parking spots, Tier 2: twelve overnight only parking spots, and Tier 3: fourteen parking spots that are accessible 24 hours a day with case management access. The Tier 1 and 2 program has been utilized by 11 participants since the lots were opened in March of this year. These Tiers has been under-utilized, with vacancies constant since its inception. Interested participants have cited the challenges of fining parking during the day and cost of fuel as deterrents for participation. The Tier 2 program has been primarily utilized for individuals who are currently on the Tier 3 waitlist. To date, three Tier 2 participants have enrolled in the Tier 3 program.

The Tier 3 program opened on August 25, 2022, and quickly filled to its capacity. The City contracts with the Free Guide and the Association of Faith Communities (AFC) to operate the program, providing oversite and case management to all participants. There is currently a waitlist

36.4 for participation. Twenty six (26) participants (16 vehicles) have been served by this program so far. Of the currently enrolled participants, 5 are gainfully employed. This program is too young to have achieved rehousing success, but multiple barriers to rehousing have been removed and it is anticipated that the first participants will be rehoused shortly. In addition to supporting the current participants, program staff routinely conduct outreach to individuals currently parked on City streets to help facilitate connections to services.

Hygiene Bay: The hygiene bay at Housing Matters campus was closed due to disrepair in 2019.

The City, County, and Housing Matters have been working since then to determine appropriate restoration plans, obtain funding, and identify a contractor through an RFP process. The contract was authorized at the June 28, 2022 Council meeting, and the work to renovate the hygiene bay, as well as the Paul Lee Loft that sits above, began in August 2022. Completion of the project is estimated to occur in February 2023. The extensive remodel includes six new shower stalls, four toilets, a urinal, eight sinks, a new boiler, a hot water expansion tank and hot water pump. The project also includes well as new HVAC system for the entire building. The expected completion date is in February 2023.

The Basic Support Services Action Area is very comprehensive and, although much as been accomplished in the area of alternative shelter, many tasks remain. Below is a brief overview of the priority areas that staff will be focusing on in the coming months.  Expanded Case Management Collaboration: Regular meetings with City and County case management staff were started during the closure of the San Lorenzo Park encampment.

These meetings brought together staff from multiple City and County funded programs to coordinate and prioritize service provision. Continuation of these meetings is underway to help implement the new County-funded Housing Pathways Program which aims to use housing scholarships to rehouse individuals previously living along the San Lorenzo watershed who are currently participants in the 1220 River Street and City Overlook programs.
 Housing Matters expansion: Efforts are currently underway to demolish and remove the dilapidated structure that once housed the River St. Shelter. The current plan is to place mini homes where the shelter once stood. The City is collaboration with the County and Housing Matters to provide this additional bed capacity. Housing Matters will operate the expanded program with funding from the County. The City will procure and install the individual shelters utilizing funding allocated from the funding from the State.  Storage Program: As part of the Camping Standards and Services Ordinance (CSSO) a storage program will be created. Staff continues to work to find an available location and identify a program operator.
 RV dump site: City staff have been working diligently to identify a location to site a publicly accessible RV dump site. The need for a dump site within the City limits is immense as the distance to the most proximate site is a determine for many to dump grey and black water legally. Tentative plans have been drawn for a dump site, but feasibility assessment, operational plans and contractor identification remain.

Staff intends to provide updates to Council on these priority areas at the next quarterly homelessness response update in March 2023.

36.5 Care and Stewardship
Rehousing Focused Service Coordination: As reported at the last quarterly update on August 23, a collaborative effort was established with the County to expand case management, service connections, and rehousing efforts for persons camping in the Benchlands through the San Lorenzo Park Restoration. City and County staff, along with community partners, met weekly to coordinate, align, and augment services provided in the Benchlands. City Outreach staff conducted a census of persons camping in the Benchlands and entered the information into the County’s Homeless Management Information System (HMIS). Information was obtained for approximately 170 people that was used to facilitate engagement, coordination, and connection to rehousing supports and other services.

The service coordination that was established through the San Lorenzo Park Restoration project continues post-closure of the camp, with additional partners now participating in twice-monthly meetings focused on case management and housing navigation for individuals that are participating in the City’s safe-sleeping programs at the Armory and 1220 River. In particular, the Housing Pathways Program, developed with funding from a California Encampment Resolution Grant, is now fully operational, providing additional case management staff and flexible “housing scholarships” for at least 65 persons to help eliminate financial barriers to the services and supports they need to successfully transition to stable housing.

Mobile Crisis Response Team Development: The City has initiated the process of developing a 24/7 mobile crisis response team to provide an alternative response to law enforcement response to service requests that are non-criminal and non-emergency in nature. This model operates with teams of 2 persons – a crisis intervention worker skilled in counseling and de-escalation, and a medic such as a EMT or nurse – that can respond to a broad range of situations. This CAHOOTS-style model is in operation in several jurisdictions across the country and in California. Staff has contracted with a consultant, Ben Climer/CRISIS Consulting, to support this work. The first phase of work involves conducting a feasibility assessment and analysis for a Santa Cruz Mobile Crisis Response program. The second phase of work would involve supporting the operational development and service implementation.

Community Safety
Coastal Development & Design Permits for Oversized Vehicle Ordinance (OVO):

The OVO adopted by Council on November 9, 2021. Several key elements of the OVO include parking restrictions on City streets between midnight and 5 a.m., a new residential permit program, and the restriction of discharging sewage or greywater on streets or in storm drains.

The Council also directed staff to launch a three-tier safe parking program to allow oversized vehicles a legal, overnight parking option within the City limits. Following an appeal to the Coastal Commission of the Council’s April 12, 2022, approval of the Coastal Permit to implement the Oversized Vehicle Ordinance in the Coastal Zone, the Coastal Commission had an initial hearing on the item on July 14, 2022.

At this hearing, the Commission found that a “substantial issue” does exist with the Coastal Permit, so they will take jurisdiction over the permit and will act upon it. That action will occur at a de novo hearing where the Commission will take public testimony from anyone interested in

36.6 the matter, consider all the information presented before and at the hearing, and subsequently approve the permit, deny the permit, or approve the permit with modified conditions. The date for the hearing has not been set; but will be no earlier than the Commision’s next meeting in February 2023. City staff have met with the Coastal Commission staff to discuss the concerns they raised, and City staff will continue to coordinate with the Commission staff to provide any additional information that may assist them in their evaluation of the proposal and recommendation.

Coordinated Outreach and Response: The Santa Cruz Police Department has dedicated two Community Service Officers (CSOs) to support outreach and encampment response in the city.

In addition, the new Public Works Homelessness Response Field Division started operating in November 2022. The CSOs and the new PW Homelessness Response Field Division staff work in tandem with City Outreach staff and other city staff in PD, Fire, and Parks, to outreach to people experiencing homelessness to support connections to services and available shelter, and to clean-up and mitigate the impacts of encampments.

CARE Court: The Governor’s proposed Community Assistance, Recovery and Empowerment (CARE) Court proposal (SB-1338) was approved by the Legislature and signed by the Governor on September 14. The legislation compels people with untreated schizophrenia and other severe mental illnesses into housing and treatment. Counties will have to establish the new courts by December 2024. There is some additional funding provided by the State to establish the CARE Courts, but presently there is no new funding specified to support the necessary housing and mental health services. The City will continue to be in dialog with the County as the local development of CARE Court unfolds.
(B) Homelessness Response Budget Update
In conjunction with the development of the Homelessness Response Action Plan, a fiscal plan was developed that details the projected costs and the revenue sources for implementing the goals and objectives articulated in the plan. This includes the use of the $14 million from the State of California that was collaboratively allocated with the County, as well City general funds and a subset of American Rescue Plan Act (ARPA) one-time funds. The fiscal plan was presented to Council along with the HRAP for adoption on March 8, 2022 and further appropriation were acted upon on June 14, 2022 as part of the FY 2023 budget adoption. Staff have provided fiscal updates as part of the quarterly reports, most recently on August 23, 2022.

The HRAP is a living breathing document intended to be flexible to the evolving needs of the City’s homelessness response, therefore the fiscal plan must adapt similarly.

The principal financial commitments for operations this fiscal year to date include personnel costs for expanded capacity ($1.1 million), executed contracts with the Salvation Army for safesleeping ($3.7 million) and Association of Faith Communities & The Free Guide for tier-3 safeparking ($392,000), and Community Action Board for eviction prevention assistance ($150,000).

The significant capital investments made this year include the property acquisition of 125 Coral St. ($3.01 million), the Hygiene Bay Remodel on Coral St. ($1.36 million), and the Benchlands Restoration ($1 million).

The only notable change since the last quarterly update on August 23, 2022 reflects the budget adjustment authorized by Council at that meeting to move $1.0 million of the $1.7 million in State of California funding from the Hygiene Bay project to the Benchlands Restoration project.

36.7 As detailed in the agenda report for that action, these funds were available to use for the Benchlands Restoration given that the Hygiene Bay project utilized APRA funding rather than State of California funding. Staff is reviewing financials (actual and projections) for the FY 2023 mid-year and will work with Finance on necessary reallocations based upon of variances and priority needs. Any items needing policy direction or appropriation action will return to Council.

As noted at the adoption of the HRAP earlier this year, the plan relies significantly on one-time funding from the State of California and the federal government without funding sources identified for subsequent years. Staff has developed financial projections for priority projects and is exploring funding opportunities in advance of the FY 2024 budget development process. (C) San Lorenzo Park Restoration Project
Earlier this year, Council provided staff direction to work toward closing the encampment in the lower area of San Lorenzo Park (SLP). By the spring, the City Manager reported to Council that staff were working towards a summer closure start date. By July, staff had developed a closure operational plan and opened an Incident Action Plan (IAP) to coordinate efforts across the City and support collaboration with County and other community partners. The IAP team met twice weekly for 17 weeks ensuring all actions taken were in accordance with the overall plan and that staff across all departments were updated and informed.

The initial IAP objectives focused on critical steps needed for a successful closure, including expansion of existing shelter capacity in the City, along with collaboration with the County to expand case management, service connections, and rehousing efforts for persons in the encampment. Once shelter capacity was successfully expanded, the IAP objectives shifted to focus on outreach efforts, transportation to shelter, closure procedures, and post closure clean-up and fencing. The closure process was lengthy due in part to the timeline required to expand shelter capacity, but mainly due to the zoned closure process adopted by staff. The encampment area was divided into 9 zones from north to south. Each zone was noticed and closed in turn, generally one zone per week. The zoned closure ensured that campers had appropriate preclosure notice time (7 days) and that the City’s Outreach Team had sufficient time to connect with campers and coordinate transportation to shelter. The City was also mindful to only notice the number of campers that was equal to the number of shelter spots available, ensuring that every camper received an offer of shelter.

Expansion and Coordination of Outreach and Case Management: By mid-year, City and County staff, along with community partners, began meeting weekly to coordinate, align, and augment services to the campers in lower SLP, often called the Benchlands. The first task of these weekly meetings was to conduct a formal census of the campers. The Homelessness Management Information System (HMIS) is a national database that is used to coordinate services and is overseen locally by the County of Santa Cruz. County staff had been working with consultants to develop an HMIS aligned module to capture the location of unsheltered individuals. The existing HMIS is only able to locate/site unhoused individuals who are in a sanctioned program or shelter. The newly develop HMIS “Outreach Module” allows unsheltered individuals to be included in the system, providing a means to coordinate their service provision outside of an existing shelter. Although this new outreach module was not finalized yet, the County offered to beta test the application as part of the SLP encampment closure process.

36.8 City Outreach staff conducted the census of persons camping in the lower San Lorenzo Park and lead the effort to enter and update personal information into HMIS and the outreach module. Not all campers were willing to provide their basic personal data (name and date of birth), so the census was not able to ensure that every camper was entered into HMIS. The census was an essential, and enormous task, as it allowed County-funded case managers to: more effectively coordinate service provision; identify individuals who were already receiving services, but whose location was unknown; and to facilitate engagement and connection to rehousing supports and other services. The census and HMIS work also allows case management to continue beyond the SLP encampment closure. The service provision that started during the SLP closure process will continue at the shelter sites. For example, the County’s newly launched Housing Pathways program, will provide housing scholarships to up to 65 individuals who have camped in the San Lorenzo watershed. Former SLP campers will be the focus of these funds and will be easily tracked by case manager thanks to the conducted census and HMIS entry.

Expansion of Alternative Shelter: Prior to the start of the San Lorenzo Park Restoration Project, the City had already begun expanding shelter capacity by opening the 1220 River Street Community Camp in January and the City Overlook program at the Armory in May. The City Overlook program opened as plans for the SlP encampments were formulating but the closure had not yet begun. Nonetheless, the City Outreach Team prioritized the initial 65 City Overlook spots for individuals who were camping in and around San Lorenzo Park. It was not until September, a few months later, that staff was able to finalize an expanded contract with The Salvation Army to increase the number of spots at the City Overlook from 65 to 135. This increase in capacity enabled the City to move forward with the formal camp closure process.

In addition to the City-funded shelter capacity, the County agreed to support the closure efforts by prioritizing SLP campers in their coordinated entry system. This collaboration with the County availed open vacancies in the Paul Lee Loft and Page Smith programs at the Housing Matters campus. This helped increase the total number of available beds offered during the closure process to approximately 130 (90 at the City Overlook and 40 at Housing Matters). The 1220 River Street Camp also had a few openings during this timeline. This shelter availability was crucial, enabling the City Outreach Team to provide all individuals within the encampment an offer of shelter. In the end, approximately 39% of SLP campers accepted and were relocated to City shelters.

Encampment Management Moving Forward: Although alternative shelter spots were offered to all those camping in the lower SLP, not everyone chose to take shelter. Some individuals relocated their camp sites elsewhere within the City. Even when the SLP encampment existed as a sanctioned site, there were unhoused who did not feel safe camping there. Smaller encampments as well as individual camp sites exist through the City and County. The most recent Point In Time count confirms that there are an estimated 2,299 unhoused persons living in the County, 1,439 of whom are living in the City limits.

There is currently simply not sufficient shelter to support the number of unhoused persons in our region. City staff continue to work with the County and State to identify possible new funding streams and siting to support more shelter expansion. As was mentioned above, the City would like to create another Transitional Community Camp and is working with the County and Housing Matters to expand shelter capacity at the Housing Matters campus. And the purchase of land adjacent to the Housing Matters campus on Coral Street will be developed in the coming

36.9 years to offer shelter and service provision. As shelter expansion effort continue, it is also important to note that individual camps and small encampments will continue to emerge.

The IAP structure was beneficial during the SLP closure process in that decision makers gathered weekly to ensure efforts were coordinated from the policy level to the implementation level. Recognizing the importance of cross departmental collaboration, the City will continue to assess camps and encampment through two internal teams, a policy encampment assessment team and an implementation assessment team. The policy team is working to identify the areas that need to be prioritize for outreach and possible closure, while the implication team coordinates and actuates the outreach, transportation to shelter and clean-up efforts. The City is also in the process of creating a Public Works Homelessness Response Field Division. Staff hiring is almost complete with 4.5 team members in the division. This new team will primarily focus on environmental stewardship and clean-up efforts but will also work with the existing CMO Homelessness Response Team to support the existing shelters and provide support to outreach efforts.

Ongoing Restoration Efforts: The Santa Cruz Parks and Recreation Department will focus on repairing San Lorenzo Park in spring 2023. They will be fixing the irrigation and electrical systems that have been damaged over the last two years, reseeding damaged grass areas, restoring the pond, fixing paths, making repairs to the playground, repairing and reopening the restrooms, mulching under trees and in planting beds, fixing signs, and helping to restore the riparian habitat along the river. Fencing in the Benchlands and upper San Lorenzo Park will likely remain until the restoration process is complete (spring 2023).

Portions of the park (lawn bowling facility and playground, for example) may be able to reopen sooner. The City is finalizing the contract for the conceptual redesign of San Lorenzo Park, which will include consideration of the Benchlands. The process will start with outreach in early 2023 and will take eight or nine months. Contact [email protected] to have your name added to the noticing list for the project.

San Lorenzo Park restoration efforts were able to begin in earnest once the completion of the encampment closure. While the closure was underway, Parks and Recreation staff obtained bids and locked in contractors to quickly begin restoration prep work. Parks Division conducted a workday on November 17th and completed a significant cleanup and basic, much needed maintenance, allowing for grading of entire lower San Lorenzo Park to begin. An erosion control plan has been submitted to Public Works Stormwater to share with the State. And the Public Works Streets team repaired damage to the lights along the Riverwalk.

The short-term restoration action items that will begin immediately are ground squirrel control, bank stabilization, fine litter removal from the Benchlands, and seeding. The longer-term items to be addressed include restoration of the park public bathrooms, irrigation and electrical repair, fixing damage done to the stairwells and pond, and replacing water fountains. The hope is to have the lower areas of the San Lorenzo Park returned to public use by this coming spring.

San Lorenzo Park Restoration Project Budget: On August 23, 2022, the Council approved a $1 million budget for the San Lorenzo Park Restoration project. The budget included ongoing encampment maintenance costs through the closure such as hygiene unit rental, ongoing refuse removal, and Benchlands Environmental Stewardship Team incentives as well as closure and restoration specific costs. The bulk of the estimated budget accounted for a contractor to preform

36.10 post closure clean-up and the associated SCMU dump fees as well as fund allocated for expanded shelter. At the time of this publication, the final invoices are not yet received and processed, but the project appears to have remained within budget. Additional funding sources need to be identified for the infrastructure repairs to the park, the immediate task currently underway were included in the original budget. The immense damage to the park and its infrastructure became clearer during and after the final camp closure.

Lessons Learned: One of the largest lessons learned is that large encampments are not sustainable. The SLP encampment was originally created as part of a court ordered injunction.

Initially, the camp was successful in part due to the smaller number of campers and due to the support provided by the City Outreach Team who were able to help connect campers to services and provide oversite of appropriate camp size and spacing. But over time, the number of camp sites grew, the community collaboration was lost, and eventually a public health crisis and a criminal element developed. The camp became unwieldy and unsafe for the campers, the environment, and the community at large.

The encampment in the lower SLP also taught, especially towards the end of its existence, that shelter and housing capacity are lacking, but starker is the insufficient supports for substance abuse. The opioid and now fentanyl epidemic that the nation is facing was in plan site at that camp. Open drug use was the prevalent, and many individuals were not able to provide for themselves due to their intense addiction. Although the County HOPES case manager spent multiple days a week onsite, there were few campers able and willing to accept services and those who did often sat on a waitlist before they could enter detox. By the time their space became available, many were no longer interested. The other phenomenon that was seen regularly were individuals who had taken the opportunity to visit a detox facility only to return directly to the encampment and return to substance use, sometimes within hours of exiting. The lack of sober living environments (SLE) or other supporting post detox shelter is acute in this region. Housing First is the current best practice model, but the intensity of the current addition requires a critical review of this model as many of these individuals are too entrenched in their addiction to be able to accept and maintain shelter or housing.

The experience of supporting the original sanctioned camp, trying to support the unwieldy camp, and closing the camp reinforce the absolute need for skilled outreach and case management workers. The City was lucky enough to find a team of outreach workers with case management and shelter oversite experience and the compassion and communication skills needed to successfully engage clients. The City Outreach Team has been invaluable. The weekly County case management coordination meetings highlighted the uniqueness of the City’s Outreach Team. They have the ability to meet unhoused individuals were they are, in the sense of being comfortable working in an encampment environment and they have the skills to quickly assess and adapt their communication and support. As the closure was underway, the City’s Outreach Team knew most of the campers by name, understood their backstories, and were able to encourage many individuals to accept services who would otherwise not have, and in many cases had not accepted services from others. The City’s Outreach Team is credited with supporting at least 250 campers into shelter this calendar year alone.

The final key lesson learned is that collaboration within the City and with regional and state partners is vital. As discussed above, the internal City collaboration, through the IAP process, was key to ensure staff efforts were aligned. The shelter expansion that was required to create

36.11 capacity for the closure was only possible due to collaboration with and funding from the State.

The expansion of services to support SLP campers before, during, and after the closure was made possible by the County-funded case managers and service providers. The City also benefited from community partner agencies such as the Downtown Street Team, who provided case management and basic support services, and Housing Matters, who availed shelter capacity that come with case management and housing navigation services. As has been stated before, the City of Santa Cruz has a disproportionate number of unsheltered individuals, compared to other cities of the same size and even larger. Cities in general are not equipped to manage social service and public health issues. Although encampment management often becomes a necessity for the jurisdiction in which the encampment is located, effective, meaningful encampment management by cities requires collaboration from community partners, counties as well as state and federal support.
(D) Homelessness Response Regional Collaboration
City-County Collaboration:

The City and County continue to work collaboratively to address homelessness in the region.

City and County staff hold regular meetings twice- monthly, in addition to the monthly 2x2 meetings with elected officials and staff.

The rehousing focused service coordination between the City, the County, and community-based organizations that was established through the San Lorenzo Park Restoration project continues post-closure of the camp, with additional partners participating in twice-monthly meetings focused on case management and housing navigation.

The City and County also continue to collaborate on shelter expansion at Housing Matters. The dilapidated River Street Shelter that is no longer in use is scheduled for demolition in February, and the site will be repurposed to accommodate individual shelter structures (sleeping cabins).

The City will procure the structures utilizing funding that has been allocated from the state funding, and the County will fund the operating costs for the services that will be provided by Housing Matters. A noted previously in this report, the City and County are also collaborating on the Coral Street Master planning that is underway to guide future use and development at the site.

Housing for Health Partnership:

At the August 17, 2022 Housing for Health Policy Board meeting, the board approved the formation of a subcommittee to complete a local review process for renewal projects and new projects for Housing and Urban Development (HUD) funding through the Continuum of Care (CoC). The policy board held a special meeting on September 14, 2022, and approved the subcommittee recommendations ahead of the September 30, 2022, submission deadline to HUD.

The subcommittee’s recommendations seek to expand the total HUD CoC funding available to the Santa Cruz County CoC, including over $5 million in Tier 1 & Tier 2 requests, and just over $1 million in a supplemental unsheltered competitive funding opportunity. At the October 19, 2022, meeting, the Policy Board reviewed and discussed updated HMIS policies and procedures, and standards for low-barrier navigation centers. These topics will be considered for adoption at a future meeting.

Santa Cruz County 2022 Point-in-Time Count Findings

36.12 The final full report for the 2022 Point in Time (PIT) Count of Persons Experiencing Homelessness was released in September 2022. The County’s Housing for Health Division (H4H) presented the initial results of the count to the Board of Supervisors on August 9, 2022.

The key findings from that presentation were included in the last quarterly update to Council on August 23, 2022.

The 2022 PIT data indicate an overall increase in homelessness of 6% between 2019 and 2022 (from 2,167 people to 2,229 people) in Santa Cruz County. The unsheltered population increased by 4% (from 1,700 to 1,774). The full report includes detail by jurisdiction and shelter status. In the City of Santa Cruz, the total number of homeless persons increased from 1,197 to 1,439 (20%) between 2019 and 20222. There were increases in both the unsheltered (from 865 to 1,058) and sheltered (332 to 381) populations. The results of the survey component of the Pointin-Time count (n=333) also indicated that 89% of respondents had lived in Santa Cruz County before losing their housing, and 42% of respondents indicated living in Santa Cruz for at least 10 years before their current episode of homelessness. These both represent increases compared to the 2019 count.

The findings provide point to some positive trends including a 59% decrease in homelessness among families with children under 18, a 94% decrease in unsheltered homelessness among families, and a 61% decline in homelessness among youth aged 18-24 years old. These positive findings were tempered by notable increases in homelessness among veterans and people with disabilities that have had multiple or long episodes of homelessness. The 2022 PIT count data, indicates the number of “chronically homeless” people increased by 129% from 403 in 2019 to 921 in 2022. The 2022 data also shows significant increases in the number of people with selfreported behavioral health and health problems experiencing homelessness. The County of Santa Cruz has made a commitment to conducting annual point-in-time counts and is actively planning the next count take will be conducted in January 2023.

Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The actions and approaches discussed herein support the pillar of equity by providing services, such as safe sleeping, safe parking, and case management services that support individuals experiencing homelessness. They support public health by providing mental health, case management, and hygiene resources to those experiencing homelessness. The actions and approaches support sustainability by providing resource and land management staff, shelter, and hygiene resources, thereby decreasing the amount of litter, debris, and human waste that is disposed of improperly. Therefore, these actions and approaches are consistent with the three pillars of HiAP.

FISCAL IMPACT: There is no net fiscal impact in the recommended action associated with this report. A revised Homelessness Response Action Plan Cost Projection is included as an attachment to this report. Post-FY 2023 funding for ongoing services identified in the Homelessness Response Action Plan will need to be identified as part of future budget cycles.

36.13 Prepared By:

Larry Imwalle
Homelessness Response
Manager
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:
1) Homelessness Response Budget Overview
2) Program Priorities and Opportunities

36.14 Resource
Total Costs FY23
(Year 1 HRAP)
Budget
Adjustments Encumbered Funding Source
Total Costs FY24
(Year 2 HRAP) Funding Source
Total Costs FY25
(Year 3 HRAP) Funding Source

OPERATIONS
Basic Services + Care and Stewardship
Mental Health Liaison II $100,000 $100,000 CA $14 Million $100,000 Unfunded $100,000 Unfunded Mental Health Liaison I $88,000 $88,000 CA $14 Million $88,000 Unfunded $88,000 Unfunded Outreach and Shelter Specialist (75%) $242,824 $242,824 CA $14 Million $242,824 Unfunded $242,824 Unfunded Outreach and Shelter Specialist (50%) $91,184 $91,184 CA $14 Million $91,184 Unfunded $91,184 Unfunded Homelessness Response Field Worker (2) $173,128 $173,128 CA $14 Million $173,128 Unfunded $173,128 Unfunded Resource and Land Management $520,000 $520,000 CA $14 Million $520,000 Unfunded $520,000 Unfunded Community Service Officer (2) $196,916 $196,916 CA $14 Million $196,916 Unfunded $196,916 Unfunded Public Works Field Supervisor $91,850 $91,850 General Fund $91,850 General Fund $91,850 General Fund Senior Homelessness Response Field Worker $120,833 $120,833 General Fund $120,833 General Fund $120,833 General Fund Building Maintenance Worker $67,094 $67,094 CA $14 Million $67,094 Unfunded $67,094 Unfunded Basic Services
Armory $2,454,000 $3,754,000 $3,754,000 CA $14 Million $3,754,000 Unfunded $3,754,000 Unfunded Sheltering (Housing Matters) $1,300,000 $1,300,000 CA $14 Million Unfunded Unfunded Transitional Camps (2) $213,716 $106,858 CA $14 Million $213,716 Unfunded $213,716 Unfunded Safe Parking $1,049,000 $600,000 CA $14 Million $1,049,000 Unfunded $1,049,000 Unfunded Storage $40,000 CA $14 Million $230,000 Unfunded $230,000 Unfunded Legal Assistance & Education/Mediation Services $150,000 $150,000 CA $14 Million $150,000 Unfunded $150,000 Unfunded Vehicle Abatement Contractor $37,500 CA $14 Million $37,500 Unfunded $37,500 Unfunded Expanded Capacity and Partnerships
Planning and Request for Proposal Specialist $336,000 $45,000 ARPA $336,000 Unfunded $336,000 Unfunded Mgt Analyst to Homelessness Services Coordinator $31,782 $31,782 General Fund $31,782 General Fund $31,782 General Fund DCM I from A2CM and DCM II to Std Dept Head $44,593 $44,593 General Fund $44,593 General Fund $44,593 General Fund Legislative Advocacy $150,000 $150,000 CA $14 Million $150,000 Unfunded $150,000 Unfunded Community Relations Specialist $111,836 $111,836 CA $14 Million $111,836 Unfunded $111,836 Unfunded $7,610,256 $6,685,898 $7,800,256 $7,800,256

CAPITAL
Permanent Housing
Master Plan Development $110,000 $100,000 $100,000 CA $14 Million Predevelopment for Permanent Supportive Housing $500,000 $500,000 CA $14 Million 125 Coral St $3,010,000 $3,010,000 CA $14 Million
Design & Predevelopment for Navigation Center $600,000 $600,000 CA $14 Million Basic Services
Hygiene Bay Repairs + Shelter Expansion $1,800,000 $1,359,000 $1,500,000 ARPA Hygiene Bay Repairs + Shelter Expansion* $1,718,800 $0 CA $14 Million Benchlands Restoration $1,000,000 $1,000,000 CA $14 Million Public Works HR Field Division Ops Infrastructure $76,935 $76,935 ARPA Public Works HR Field Division Ops Infrastructure $236,830 $236,830 CA $14 Million Shelter Infrastructure $1,076,000 $1,076,000 CA $14 Million Van for Transportation $150,000 $150,000 ARPA
$8,964,800 $8,249,765 $0 $0
TOTAL OPERATIONS & CAPITAL COSTS $16,575,056 $14,935,663 $7,800,256 $7,800,256 * Hygiene Bay Repair project is being funded thru ARPA funds. The originally allocated $1.718,800 from the CA $14 Million was re-allocated to support the Benchlands Restoration and PW HRT Infrastructure.

36.15 In 2022, the City of Santa Cruz launched a three-year Homelessness Response Action Plan.

We are investing in transformative solutions to homelessness, meeting individual, family, and community needs along the full spectrum from prevention to long-term stable housing.

Everyday our outreach workers are helping people on a path towards more stable housing by removing barriers to housing entry and helping people to access services such as domestic violence support, veteran’s services, health care, and substance abuse counseling.

Two Safe Sleeping Programs
Two Safe Parking Programs
County Collaboration & Data Collection
Encampment Assessment & Abatement
Homelessness Response Unit
Coral Street Master Planning Process
PRIORITY PROJECTS FOR ONGOING SUPPORT:

There are 1439* Homeless People in the City of Santa Cruz. 295 People Received Access to Shelter,Case Management and Basic Services 39 people moved into more stable housing
*2022 Santa Cruz County PIT count 36.16

PRIORITY PROJECTS
FOR MORE INFORMATION:

OTHER OPPORTUNITIES
Maintain Expanded Shelter Capacity
Maintain Safe Parking
Maintain Expanded Staffing Capacity
Expansion of Emergency Shelter Capacity
Explore other Opportunities
Mobile Crisis Response
Outdoor World Emergency Shelter Operations
Coral Street Campus Development
Navigation Center
2023
$5.1
Million
Tier 2
Parking
City
Overlook
$6.5
Million
City
Overlook
1220
River
safe Parking
Tier 3 Internal
Staffing
1220
River
$10-11
Million
$7.9
Million
Safe
Sleeping –
City
Overlook
Safe
Sleeping –
City
Overlook
Storage
Program Storage
Program
Safe
Parking
Tier 3
Safe
Parking
Tier 3
Internal
Staffing
Internal
Staffing
Safe
Sleeping1220
River
Safe
Sleeping1220
River
Mobile
Crisis
Response
Mobile
Crisis
Response
Refuse
Management
Refuse
Management
Mental Health
program
Mental Health
program
November 2022

36.17 1
Rosemary Balsley
From: Big Joe 77 <[email protected]>
Sent: Saturday, December 10, 2022 6:05 AM
To: City Council
Cc: Sonja Brunner; Martine Watkins; Justin Cummings; Shebreh Kalantari-Johnson; Sandy Brown; Donna Meyers; Renee Golder; Matt Huffaker; Larry Imwalle Subject: Homeless Response Quarterly Update: December 13th, 2022 Honorable Mayor, Vice Mayor, and council,
Like you, I have read through the City’s Homeless Response Quarterly Update Agenda Report. Here are some flaws in this ever-fluid response to homeless issues I believe need to be addressed:

Encampment Management Moving Forward:

As the City makes the transition from managing mega-slums to assessing and abating encampments citywide, I would like you to consider creating a tracking system for complaints filed by the community (via the CRSP), and those complaints made accessible to you. For further, the assessment team’s discussions regarding complaints (and their subsequent prioritizations), as well as scheduled abatement dates should be forwarded to you.

I can not underscore the importance of these steps enough, as either through malfeasance or neglect, the public has zero confidence in the EAT system. Simply put- they complain and receive an automated response with no way to follow up on progress made towards abatement. As none of the assessment or implementation team members are directly accountable to the public, that would leave you- their elected officials. You should be their contact point.

Lessons Learned:

The agenda report recognized what a terrible mess the mega-slum in the benchlands was and that these entrenched slums should never be recreated. I agree, and would only add that the City Council pass a Resolution to never again sacrifice a city park or open space by allowing anybody to establish an encampment in those spaces, under any circumstances. By doing so, you would send a direct message to the City Manager that he look elsewhere when seeking locations for transitional camps/ emergency response/ storage lockers/ etc
Emergency Beds:

If I recall correctly, the City has established 10 beds for emergency-1 night beds at the Armory. These beds are provided to allow Police to immediately relocate transients who trespass or otherwise pose some risk to themselves or others through an inappropriate choice of sleeping location. The problem, as I see it, is that the majority of these calls are answered by Police, and occur at night when there is nobody available to transport the transient (including property) all the way up Upper Park Rd to the Armory. These contacts with police invariably lead to an arrest. I would imagine that contracting with Yellow Cab would be the simplest, most cost effective solution, but I leave this to your discretion. It does need some resolution though.

City-County Collaboration:

The Agenda Report states that the Homeless Response “2 x 2” Committee continues to meet on a monthly basis. The Council’s agenda also bears this out. I would argue that in the public’s view, these meetings have failed to produce any visible or measurable outcomes.

My suggestion to resolve this (as it was back in 2018 when Mayor Terrazas, City Mgr Bernal, and I discussed re-establishing the committee) is to agendize these meetings and make them public. It’s a simple fix and would restore some measure of trust between elected officials and their constituents. I would also argue that no other commission or advisory body employed by the council meets in secret.

36.18 2
All of the points I raise should be discussed Tuesday during the City;s Homeless Quarterly Update, but that is of course up to you. I merely submit them for your consideration.

Be well
--
Big Joe 77
Keepin' it Real
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36.19 Homelessness
Response
Quarterly Report
December 13, 2022
Larry Imwalle, Monica Hernandez,
and Jeremy Leonard

36.20 Action Area 1:

Building
Capacity
and
Partnerships
Partnership and
Collaboration
Expanded Internal
Capacity
Community
Engagement

36.21 Action Area 2:

Permanent
Affordable and
Supportive
Housing
Housing Production
Progress
Coral Street Master Plan
Eviction Prevention

36.22 Action Area 3:

Basic Support
Services
Safe Sleeping
Safe Parking
Hygiene Bay

36.23 City Overlook
at the Armory
• 135 tent spaces
• 24/7 staff
• Connection to services
• 9% of participants have moved into housing or more stable shelter

36.24 1220 River Street
Transitional Community
Camp
• 27 tent spaces
• Case management coordination
• Connection to services
• 30% of participants have moved into housing or more
stable housing

36.25 Action Area 4:

Care
and
Stewardship
Rehousing Focused
Service Coordination
Mobile Crisis
Response Team

36.26 San Lorenzo Park Restoration
Project
Phase 1: Benchlands Encampment Closure
• The City provided an alternative shelter
option to all who were interested.
• 39% of people who had been living in
the Benchlands accepted the offer of City
shelter.
• 170 people connected with a higher
standard of shelter and onto a path
towards stable housing.

36.27 Action Area 5:

Community
Safety
Coastal Development &
Design Permits for OVO
Coordinated Outreach
and Response
CARE Court

36.28 Budget Update & Planning
• Implementation & Monitoring
• Budget Modifications
• Budget Planning & Development for next Fiscal Year
• Fiscal Sustainability

36.29 What Questions Do You Have?
Homelessness Response Update
Balancing individual needs and
community impacts

36.30 42.1

42.2 42.3

42.4 42.5

43.1

Santa Cruz City CouncilDecember 13, 2022

Santa Cruz City Council
December 13, 2022