Agenda packet — Santa Cruz City Council, April 25, 2023 (part 3 of 8)

In implementing the policy, the rights of free speech and association shall be accommodated in a manner consistent with applicable Federal and State law and in a manner consistent with the intent of the policy.

DISSEMINATION OF POLICY AND TRAINING
All employees, supervisors, and managers shall receive a copy of this Administrative Procedure Order and City Council Policy 25.2 and shall also attend sexual harassment and cultural diversity training according to the following schedule:
1) All New Employees – Harassment/Discrimination/Retaliation Prevention Training, and Cultural Diversity Training, within the first year of hire. 2) Supervisors – Cultural Diversity Training within the first year of hire, Harassment/Discrimination/Retaliation Prevention Training within six months of gaining supervisory responsibilities, and refresher training no less frequently than every two years.

Posters explaining local, State, and Federal non-discrimination laws will be prominently displayed in the Human Resources Department.

REASONABLE ACCOMMODATION FOR DISABILITY (in accordance with Title II of the Americans with Disabilities Act of 1990, and as amended by the ADA Amendments Act of 2008) Disability is defined as: a) a physical or mental impairment that substantially limits one or more major life activities, b) having a documented record of such an impairment, or c) being regarded as having such an impairment.

Accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. It means modifications or adjustments to: a) a job application process to enable an individual with a disability to be considered for the position, b) the work environment in which a position is performed so that a person with a disability can perform the essential functions of the position, and c) enable individuals with disabilities to enjoy equal benefits and privileges of employment as employees without disabilities enjoy.

I. Inclusions
Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to:
a) all employment decisions and to the job application process, b) all services and programs provided in connection with employment, c) non-work facilities provided in connection with employment, and d) known disabilities only.

II. Exclusions
Accommodation is not required if: a) it eliminates essential functions of a position from the person’s job, or b) adjustments or modifications requested are primarily for the benefit of the person with a disability. The law does not require an accommodation that imposes an “undue 74 21.76
Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)

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hardship” on the operation of the City. Undue hardship means significant difficulty or expense incurred in the provision of accommodation relative to the operation of the City’s program and includes, but is not limited to, financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the City. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create undue hardship:
a) the nature and cost of the accommodation, b) the financial resources of the City, c) the number of employees, and d) the type of operations of the City, including the composition and functions of its workforce.

III. Determining the Appropriate Accommodation
Where a particular accommodation would result in an undue hardship, the City must determine if another accommodation is available that would not result in an undue hardship.

If a qualified individual with a disability requests the provision of a reasonable accommodation, the City shall engage in an informal, interactive process with the person with a disability which identifies the precise limitations resulting from the disability and potential accommodations that could overcome those limitations. The accommodation process shall generally involve five (5) steps.
 First, the City shall analyze the particular job at issue and determine its purpose and essential functions.
 Second, the City shall consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability.  Third, the City shall consult with the individual with a disability and, if desired by the agency, the appropriate rehabilitation or ergonomics consultant to identify potential accommodations and the necessary modifications.
 Fourth, the City shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position.  Finally, the City shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the agency.

DISCRIMINATION, HARASSMENT, AND RETALIATION COMPLAINT PROCEDURE This complaint procedure is available to City of Santa Cruz employees and individuals who believe that they have been subjected to discrimination, harassment, and/or retaliation in relation to employment with the City of Santa Cruz.

Complainants, and employees alleged to have engaged in discrimination, harassment, or retaliation, may choose to be represented at any or all steps in the complaint process.

I. Filing a Complaint
Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department head, or Human Resources Department within one (1) year of the date the alleged action occurred. Any City of Santa 75 21.77
Administrative Procedure Order II-1A
Section II, #1A (Revised April 2017)

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Cruz supervisor, manager, or department head who receives a discrimination or harassment complaint shall notify the Human Resources Department immediately upon receipt of the complaint. Complaints may be presented orally or in writing.

Written complaints should include the following information:
 The name, address, and telephone number of the complainant.  The basis for the alleged discrimination or harassment (protected category and/or retaliation).
 The specific discriminatory practice(s) or incident(s) that have occurred.  The names of any persons thought to be responsible for the discrimination/harassment.
 The remedy the complainant is seeking as a result of the complaint.  The name, address, and telephone number of the complainant’s representative, if any.

If complainants wish to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment with a staff investigator.

II. Investigation and Resolution
After reviewing the complaint, the Human Resources Director shall determine if an investigation is necessary to resolve the issues of the complaint and, if so, authorize and supervise the investigation of the complaint by a qualified person. The complainant will be contacted by the investigator upon the investigator’s receipt of the complaint and will be kept apprised of the status of the investigation. The investigation will be documented and tracked for reasonable progress and appropriate due process. Every effort will be made to conclude the investigation within one hundred and twenty (120) calendar days of receipt of the complaint.

The Human Resources Director will not proceed with the investigation of a complaint if the complaint contains no assertion that the alleged acts occurred based on one or more of the protected categories or if a nexus cannot be established between the alleged act(s) and discrimination based on any of the protected categories.

When the investigation is completed, the Human Resources Director will determine if there is sufficient evidence to substantiate a violation of the City’s Discrimination, Harassment, and Retaliation Policy and if remedial action is necessary to resolve the issues of the complaint. The complainant, alleged perpetrator/harasser, and department head(s) will be notified of the Human Resources Director’s determination. If discipline is imposed, the discipline will not be communicated to the complainant.

If it would present a conflict (or the appearance of such) for the review and investigation of a complaint to be conducted by the Human Resources Department, the City Manager will be responsible for this process.
76 21.78
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Section II, #1A (Revised April 2017)

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III. City Manager Review
Complainants who are not satisfied with the Human Resources Director’s determination may request a review by the City Manager (or his/her representative), in writing, within ten (10) workdays following receipt of the Human Resources Director’s determination. The City Manager (or his/her representative) shall review the complainant’s written appeal and the investigative findings and shall render a written decision within thirty (30) workdays following the review.

IV. Additional Remedies
Current City employees covered by a memorandum of understanding that includes arbitration as the final step in the grievance process may request that the matter be taken to arbitration in accordance with the specific procedures contained in the applicable memorandum of understanding.

In addition, all complainants may file complaints of discrimination, harassment, or retaliation with the State of California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission, whether or not complainants choose to use the City of Santa Cruz’ complaint procedure. Time limits for filing complaints with State and Federal compliance agencies vary, and those agencies should be contacted directly for specific information. The addresses and telephone numbers (as of the revision date of this procedure) are:

California Department of Fair Employment and Housing
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
Phone: (800) 884-1684
For Persons with a Hearing Impairment: (800) 884-1684 or TTY at (800) 700-2320 E-mail: [email protected]
United States Equal Employment Opportunity Commission
San Jose Local Office
96 North Third Street, Suite 250
San Jose, CA 95112
Phone: (800) 669-4000
Fax: (408) 291-4539
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122
77 21.79

EXHIBIT D

DIVISION STEWARDS

1. At Large (5 Chief Stewards)

2. Police & Fire

3. Parks & Recreation

4. DeLaveaga Gold Course

5. Wharf

6. Library Headquarters

7. Central Library

8. Branch Libraries

9. Street/Sidewalk Maintenance; Sign Shop; Street Painting

10. Parking Control

11. City Garage

12. Sanitation

13. Resource Recovery Facility (Landfill/Recycling)

14. Wastewater Mains; Flood Control

15. Wastewater Treatment Plant

16. Water Treatment Plant

17. Water Corporation Yard; Water Meter Shop

18. Water Admin; City Mgr; HR; City Clerk

19. Loch Lomond

20. Information Technology; Finance

21. Planning; Inspection; Redevelopment; Public Works Admin & Engineering; Traffic Engineering.
78 21.80

EXHIBIT E

CLASSIFICATIONS REQUIRING SAFETY BOOTS
(REGULAR POSITIONS ONLY)
*Assistant Engineer I
*Assistant Engineer II
Assistant Wastewater Plant Operator
Building Inspector
Building Maintenance Worker I
Building Maintenance Worker II
Chemist I
Chemist II
Construction Specialist
Courier Driver
Custodian (Civic, Wharf, Parks & LNCC only)
*Engineering Technician
Environmental Compliance Inspector
Equipment Mechanic I
Equipment Mechanic II
Equipment Service Worker
Landfill Gate Attendant
Light Equipment Mechanic
Parking Attendant
Parking Control Maintenance Worker
Parking Enforcement Officer
Parking Facility Maintenance Assistant
Parks Maintenance Worker
Parks Maintenance Mechanic I/II
Police Property Attendant
Ranger
Recycling Center Equipment Mechanic
Recycling Maintenance Technician
Resource Recovery Equipment Operator
Resource Recovery Worker I
Resource Recovery Worker II
Sanitation/Recycling Aide
Service Maintenance Trainee
Service Maintenance Worker
Senior Building Inspector
Senior Environmental Compliance Inspector
Senior Parks Maintenance Worker
Senior Resource Recovery Worker
Senior Service Maintenance Worker
Senior Water Distribution Worker
Solid Waste Worker
Street Maintenance Worker
Street Signing Specialist
Traffic Signal Technician
Traffic Signal Worker
Utility Maintenance Technician
*Utility Service Representative
*Waste Reduction Coordinator
Wastewater Facilities Electrical/Instrumentation Technician I/II Wastewater Facilities Lead Electrical/Instrumentation Technician 79 21.81
Wastewater Mains Maintenance Trainee
Wastewater Mains Maintenance Worker
Wastewater Mains Senior Maintenance Worker
Wastewater Plant Operator I
Wastewater Plant Operator II
Water Distribution Worker I
Water Distribution Worker II
Water Meter Technician
Water Quality Laboratory Assistant
Water Quality Microbiologist I/II/III
Water Treatment Operator I/II/III/IV
Wharf Construction Worker
*Field positions only, requirement is optional with department head approval. 80 21.82

EXHIBIT F

ASSISTANT TO LANDFILL EQUIPMENT OPERATIONS ASSIGNMENT
Landfill Orientation Program
In February of 2003, the Resource Recovery Facility began a voluntary Landfill Orientation Program to introduce all interested Resource Recovery Workers to the full scope of landfill operations and activities.

This eight-week program is designed to introduce Resource Recovery Workers to the operational, regulatory, and mechanical aspects of the landfill operation. The orientation initially includes observation of the traffic flow and the equipment used to operate the landfill. This is followed by training on the operation of the articulated truck and the dirt loader, then training on the operation of the smallest bulldozer available; an operator or supervisor trains the individual and the training takes place away from the public and traffic.

The worker then learns to operate the larger dozer and the compactor. The workers are trained on equipment operation techniques and safety techniques to be used around public traffic.

Resource Recovery Workers who are interested in completing the orientation program may sign up for the program with their supervisors. Those who are interested will be scheduled to participate in the orientation program on a first-come-first-served basis. In order to participate in the Landfill Orientation Program, an employee must first successfully complete the probationary period.

Purpose
The Resource Recovery Facility would like to offer an opportunity to assist with the operation of landfill equipment on an intermittent basis to Resource Recovery Workers who have successfully completed the Landfill Orientation Program. This assignment will involve the entry-level operation of standard landfill equipment under the direct supervision of a Resource Recovery Supervisor or experienced Resource Recovery Equipment Operator. This assignment is being offered in order to continue fostering a work environment where workers can learn new skills that will benefit them in preparing for promotional opportunities and where application of those skills will also benefit the City. Additionally, creation of this assignment will allow those Resource Recovery Workers who are not yet qualified for the journey-level Resource Recovery Equipment Operator classification to work toward gaining the experience to qualify for that position.

Process
Qualified Resource Recovery Workers will be assigned to assist in landfill equipment operations on a rotational basis to cover the absences of Resource Recovery Equipment Operators. Each individual will be assigned, on an as-needed basis, as determined by the Superintendent of Resource Recovery Disposal, for no more than ten working days at a time. At the completion of those ten days, that individual will move to the bottom of the assignment list and the next person will move to the top. The purpose of this rotational approach is to promote career development for all interested employees.

Those Resource Recovery Workers who have completed the Landfill Orientation Program may have their names placed on the Assistant to Landfill Equipment Operations list by notifying their supervisor or the Superintendent of Resource Recovery Disposal that they would like to do so.

Compensation
The salary range that will be used for participating in the Landfill Orientation Program and the intermittent Assistant to Landfill Equipment Operations assignment is equivalent to the salary range for the Service Maintenance Worker classification. Resource Recovery Worker incumbents will be placed at a step in this salary range that will provide not less than a 2.5% increase (in accordance with the Working Out of Classification provisions of the Service Employees’ M.O.U., Section 10.04). 81 21.83
Exhibit F

21.84 City of Santa Cruz II-1B
Administrative Procedure Order
Section II, #1B (Revised October 2020)
TO: Department Heads
SUBJECT: RESPECTFUL WORKPLACE CONDUCT

PURPOSE
The City of Santa Cruz is committed to maintaining and promoting a respectful work environment. Council Policy 25.2 (Discrimination and Harassment Policy), Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure), and this Administrative Procedure Order establish behavioral and workplace standards to support a culture of collaboration, inclusion, and productivity.

POLICY
It is the intent of the City of Santa Cruz that all employees, volunteers, Councilmembers, Commissioners, customers, contractors, and visitors to the City’s worksites or places where City work is conducted enjoy a positive, respectful, and productive work environment free from behavior, actions, or language constituting a violation of this Respectful Workplace Conduct Policy. Such conduct may include, but is not limited to, the following as perceived by a reasonable person: repeated infliction of verbal, written, or social media abuse such as the use of derogatory remarks, epithets, or insults; physical conduct that is threatening, intimidating, bullying, or humiliating; or the sabotage or undermining of a person’s work performance.

Incorporated by reference in this policy is the amendment to §12950.1 of the California Government Code created by Assembly Bill 2053 (effective January 1, 2015) adding to the supervisory training requirement the subject matter “prevention of abusive conduct.” Employees found to have participated in actions constituting a violation of this policy shall be subject to disciplinary action up to and including termination. Volunteers found to have participated in actions constituting a violation of this policy may be subject to termination of their volunteer relationship with the City. If a complaint involves the conduct of a contractor, Human Resources will inform the contractor of the behavior and request prompt, appropriate action. The City reserves the right to prohibit a contractor’s individual employee(s) from entering City-owned property/premises. Councilmembers and Commissioners found to have participated in actions constituting a violation of this policy shall be subject to the “Code of Ethics and Conduct for Elected and Appointed Officials” found in the City Council Policy Manual (https://www.cityofsantacruz.com/government/city-council/council-policy-manual).

Customers and other visitors who engage in conduct in violation of this policy are subject to action on the part of the City intended to stop the conduct and protect others. Executives, managers, and supervisors who know or should know of conduct in violation of this policy and who fail to report such behavior or fail to take prompt, appropriate action when such conduct is observed or reported may be subject to disciplinary action up to and including termination.

EXHIBIT G
83 21.85
Administrative Procedure Order II-1B
Section II, #1B (Revised October 2020)

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All employees, volunteers, contractors, Councilmembers, and Commissioners shall receive a copy of this policy when they receive Council Policy 25.2 (Discrimination and Harassment Policy) and Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure) and City-sponsored or approved training.

I. Definition
Disrespectful Conduct: Any one or all of the following as perceived by a reasonable person:
1) Use of language that is intended to be, or perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and/or
3) Acts to undermine or interfere with a person’s work performance.

Disagreements, conflicts, and differences of opinion are valid so long as professionalism can be maintained. Healthy arguments can be conducive to positive outcomes. This policy does not seek to prohibit that behavior.

A single act shall not constitute disrespectful conduct unless especially severe and egregious.

II. Responsibilities
a. Employees, Volunteers, Councilmembers, Commissioners, Customers, Contractors, and Visitors: All persons are required to behave respectfully and to refrain from disrespectful behaviors, and are expected to:
 Recognize when they or others are being subjected to disrespectful conduct and not condone or ignore it;
 Bring the situation to the attention of a supervisor or the next person in the chain of command, department director, or Human Resources Department, or where physical safety is concerned, contact emergency services (9-1-1);  Understand that someone’s intent does not excuse otherwise disrespectful conduct and/or relieve them from being held accountable for their actions; and  Address, if possible, inappropriate behavior directly with the person engaging in such conduct in a professional and nonconfrontational manner. 84 21.86
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Section II, #1B (Revised October 2020)

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b. Executives, Managers, and Supervisors: Executives, managers, and supervisors are responsible for demonstrating respectful personal behavior towards all coworkers and visitors, as well as to set an example of respectful behavior as a model for City employees, volunteers, and visitors. In addition to this responsibility and the expectations listed above, executives, managers, and supervisors are expected to:
 Maintain a level of awareness with their staff sufficient to know if disrespectful behavior is occurring;
 Maintain a level of open communication with their staff that encourages them to report instances of disrespectful behavior that have occurred;  Encourage the reporting of instances of disrespectful behavior by making this policy known to all employees;
 Promptly address all observed disrespectful behavior;  Take reports and complaints of disrespectful behavior seriously, and, if deemed appropriate following consultation with their immediate supervisor, attempt to independently confirm whether or not the reported behavior occurred or is occurring, without divulging the identity of the reporting party; and  Promptly report complaints to a supervisor, the department director, or Human Resources Department.

III. Retaliation
The City maintains a strict stance of no tolerance for retaliation against anyone for bringing a complaint or participating in an investigation. Under no circumstances will anyone be disciplined, demoted, or otherwise retaliated against for reporting, disclosing, or bringing a Respectful Workplace Conduct complaint to the attention of the City. Employees found to have participated in retaliatory action in contravention of this policy shall, therefore, be subject to disciplinary action up to and including termination. Councilmembers and Commissioners found to have participated in retaliatory action in contravention of this policy will be subject to the “Code of Ethics and Conduct for Elected and Appointed Officials.” a. Anyone who believes that they have been retaliated against because they filed a complaint, participated in an investigation, or reported observing a violation of the Respectful Workplace Conduct Policy should report this behavior to their supervisor, department director, or Human Resources Department.
b. Complaints of retaliation will be investigated promptly.

PROCEDURE
I. Filing a Respectful Workplace Conduct Complaint
Any person who observes or perceives that they have been subjected to conduct by another person believed to be a violation of this policy may initiate the complaint process by notifying their immediate supervisor, department director, or Human Resources Department. a. Complaints may be submitted to an employee’s immediate supervisor, any supervisor or manager within or outside the department, the department director, or Human Resources Department within thirty (30) days of the date that the alleged action 85 21.87
Administrative Procedure Order II-1B
Section II, #1B (Revised October 2020)

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occurred. Any City of Santa Cruz supervisor, manager, or department director who receives a complaint shall notify an appropriate supervisor/manager/director and Human Resources upon receipt of the complaint.
b. If a complainant wishes to file the complaint in person and receive assistance, they may contact the Human Resources Department to schedule an appointment. c. Complaints should include the following information (it is recommended but not required to use the attached “Respectful Workplace Conduct Complaint Form” or the current Human Resources electronic reporting system):
 The name, address, and telephone number of the complainant.  Contact information of any person who may have knowledge of the incident.  The specific disrespectful practice(s) or incident(s) that have occurred, including retaliation.
 The names of any persons thought to be responsible for the disrespectful behavior.
 The remedy the complainant is seeking as a result of the complaint.  The name, address, and telephone number of the complainant’s representative, if any.

II. Investigation
After reviewing the information contained in the complaint, the staff member who received the complaint within the department of the complainant will, in consultation with their immediate supervisor, determine if the complaint can be resolved within the department or if there is sufficient complexity to warrant a formal investigation. If so determined, the department director will be consulted, and the Human Resources Department will coordinate and conduct (or delegate responsibility for coordinating and conducting) an investigation.

The investigation will proceed within the following guidelines:
a. Steps will be taken to ensure that employees, Councilmembers, Commissioners, and volunteers are protected from further violations.
b. To the extent possible, it is the intention of the City to protect the confidentiality of any person who contacts the City for the purposes of seeking information, assistance, or counseling regarding this policy. Information given to the City in the course of an internal investigation is not confidential. The City will not release information except as required by Public Records laws or the requirements of an investigation, c. All parties are expected to cooperate with the investigation and are required to keep information regarding the investigation confidential. Failure to cooperate or maintain confidentiality could result in disciplinary action up to and including termination, or in the case of a Councilmember or Commissioner, they will be subject to the “Code of Ethics and Conduct for Elected and Appointed Officials.” 86 21.88
Administrative Procedure Order II-1B
Section II, #1B (Revised October 2020)

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d. Employees, Councilmembers, Commissioners, contractors, or volunteers who are the subject of an investigation into actions constituting a possible violation of this policy may request to have representation. The right to representation may be required for members of the Police and Fire bargaining units.
e. The complainant, the person subject to the investigation, and all witnesses will be informed that retaliating against a person for making a complaint and/or participating in an investigation will not be tolerated and could result in disciplinary action up to and including termination.

III. Resolution of the Complaint
If a complaint is substantiated, the person subject to the investigation will be notified of the appropriate disciplinary action that will be taken. In the case of a Councilmember or Commissioner, refer to the “Code of Ethics and Conduct for Elected and Appointed Officials.”
a. The complainant will be notified if any part of a complaint is substantiated and if action has been taken. The complainant will not be told the details of the action, including discipline.
b. Both the complainant and the person subject to the investigation will be notified if a complaint is not substantiated.

IV. Withdrawal of Complaint
The complaint or any part of the complaint may be withdrawn at any time by the complainant; however, the request for such withdrawal must be in writing and state the reason(s) for the request. The Human Resources Department will review the request for withdrawal in order to determine whether or not it was the result of restraint, interference, coercion, discrimination, retaliation, or reprisal. An investigation may still proceed if a complaint is withdrawn.

V. Records
All records of complaints and investigations, whether substantiated, unsubstantiated, or withdrawn, will be maintained by the Human Resources Department and subject to the Public Records laws.

Only documentation of disciplinary action imposed as a result of a sustained complaint is maintained in the employee’s personnel file.

DEFINITIONS OF TERMINOLOGY
Abusive Conduct: Conduct of an employer, employee, volunteer, contractor, Councilmember, or Commissioner in the workplace or on social media, undertaken with malice that a reasonable person would find hostile or offensive and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of written or verbal abuse, including the use of social media, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or 87 21.89
Administrative Procedure Order II-1B
Section II, #1B (Revised October 2020)

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the sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

Aggressive: Demonstrating unduly forceful behavior.

Bullying: Conduct, either direct or indirect, that harms one or more individuals, not limited to behaviors that cause physical harm. Bullying may be verbal (including oral and written language as well as the use of social media) or nonverbal, may involve a real or perceived imbalance of power, and often includes behaviors described above as Abusive Conduct.

Derogatory: Behavior that is disparaging or belittling in attitude that aims to detract or diminish.

Disrespectful Conduct:
1) Use of language that is intended to be, or would be perceived by a reasonable person to be, demeaning, berating, humiliating, threatening, rude, bullying, offensive, insulting, slanderous, or malicious rumor-spreading;
2) Conduct that a reasonable person would find disruptive, abusive, threatening, intimidating, aggressive, or insubordinate; and
3) Acts to undermine or interfere with an employee’s work performance. A single act shall not constitute disrespectful conduct, unless especially severe and egregious.

Epithet: A word or phrase meant to characterize a person or thing, particularly in a negative or derogatory manner.

Humiliate: To disgrace, belittle, or make another appear foolish.

Insolent: Speaking or behaving in a way that is disrespectful or insulting.

Insult: To use offensive or disrespectful epithets towards others.

Intimidate: To behave in a manner that would cause a reasonable person to fear physical or emotional damage or harm.

Malice: A willful and conscious disregard of the feelings, rights, or safety of others.

Respectful Conduct: Behavior that expresses consideration of others’ identities, viewpoints, and beliefs; restraint from behaviors that would be considered disrespectful conduct.

Retaliation: Verbal, nonverbal, or physical conduct or actions including the use of social media intended to injure or harm someone as a response to an action taken or perceived to have been taken; revenge.

Sabotage: The deliberate undermining of a person’s work performance.

Threatening: Acting in a deliberately frightening quality or manner. 88 21.90
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Section II, #1B (Revised October 2020)

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EXAMPLES OF BEHAVIORS
I. Examples of Respectful Behavior
Every person is expected to abide by these values and standards of respectful interpersonal behavior, communication, and professionalism:
 We respect and value the contributions of all members of our community;  We listen first and take responsibility for all our behaviors, including all verbal and nonverbal actions;
 We treat coworkers and others with respect, civility, and courtesy;  We work honestly, effectively, and collegially;
 We respond promptly, courteously, and appropriately to requests for assistance or information;
 We use conflict management skills, together with respectful and courteous verbal communication, to effectively manage disagreements;
 We encourage and support all coworkers and others in developing their individual conflict management skills and talents;
 We have an open and cooperative approach in dealings with employees, Councilmembers, Commissioners, and volunteers, recognizing and embracing individual differences;
 We recognize that differing social and cultural standards may mean that behavior that is acceptable to some may be perceived as unacceptable or unreasonable to others;  We abide by all applicable rules, regulations, and policies and address any dissatisfaction with, or violation of, policies and procedures through appropriate channels;
 We demonstrate commitment to a culture where all coworkers cooperate and collaborate in using best practices to achieve positive work-related outcomes; and  We are responsible stewards of resources and human assets to achieve excellence and innovation in the service to our community.

II. Examples of Disrespectful Behavior
Every person is expected to refrain from exhibiting disrespectful behavior. Examples of disrespectful behavior can include, but are not limited to, the following:
 Use of threatening or abusive language, or language that is intended to be, or is perceived by others to be, demeaning, berating, humiliating, or offensive;  Intentionally ignoring someone, picking on an individual or group, or bullying;  Making threats of violence, retribution, or financial harm; shouting or engaging in other speech, conduct, or behaviors that are reasonably perceived by others to represent intimidation;
 Using racial or ethnic slurs; demonstrating racial, gender, sexual orientation, or cultural bias (see also: 1) Council Policy 25.2 (Discrimination and Harassment Policy), and 2) Administrative Procedure Order II-1A (Discrimination/Harassment Policy Implementation and Complaint Procedure));
 Making or telling jokes that are intended to be or that are reasonably perceived by others to be derogatory, crude, or offensive; teasing, name-calling, insulting, 89 21.91
Administrative Procedure Order II-1B
Section II, #1B (Revised October 2020)

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ridiculing, or making someone the brunt of pranks or practical jokes;  Using sarcasm or cynicism directed as a personal attack on others;  Spreading malicious rumors or gossip;
 Throwing instruments, tools, office equipment, or other items as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner;  Making comments or engaging in behavior that is untruthful or directed as a dishonest personal attack on the professional or personal conduct of others;  Retaliation;
 Sabotage; and
 Insubordination: Not submitting to authority; being disobedient to proper direction from an organizational superior, including, but not limited to, refusal to do an assigned job, refusal to render assistance, refusal to work overtime when mandatory, insolent response to a work order, or unreasonable delay in carrying out an assignment.
90 21.92

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RESPECTFUL WORKPLACE

CONDUCT COMPLAINT FORM
SECTION I. Complainant Information (Person filing this complaint) Name: ____________________________________________________________________ Address: __________________________________________________________________ Phone: ____________________________________________________________________ Position: __________________________________________________________________ Supervisor: ________________________________________________________________ SECTION II. Respondent Information (Person this complaint is being filed against) Name: ____________________________________________________________________ Job Title: __________________________________________________________________ Department: ________________________________________________________________ SECTION III. Description of Complaint
Date and Time of Incident: ____________________________________________________ Location of Incident: _________________________________________________________

1. Please provide a description of the incident(s) constituting the alleged violation. Include the person(s) involved, and the name(s), and contact information of any person(s) who may have knowledge of the incident(s). (Attach additional sheets if necessary.) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

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2. What is the remedy being sought for this complaint?
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ SECTION IV. Confidentiality
To the extent possible, it is the intention of the City to protect the confidentiality of any person who contacts the City for the purpose of seeking information, assistance, or counseling regarding the City’s Respectful Workplace Conduct Policy. Information given to the City in the course of an internal investigation is not confidential; however, except as required by Public Records laws or the requirements of a thorough investigation, the City will release information only on a “need-to-know” basis. If you have questions about personal safety or personal privacy, you should discuss these questions with the Human Resources Department, your union representative, or your own attorney prior to providing information.

I have read and understand the City’s Respectful Workplace Conduct Policy and declare that the information contained herein is true and correct.
_______________________________________ ___________________________ Signature of Complainant Date
Internal Use Only:

Complaint Received by: ______________________________________________________ Signature: _________________________________________________________________ Date Received: _____________________________________________________________

21.94 EXHIBIT H
SEIU 521 REPRESENTED CLASSIFICATIONS DESIGNATED AS CONFIDENTIAL Confidential Service Workers
Administrative Assistant I assigned to City Manager and Human Resources Administrative Assistant II assigned to City Manager and Human Resources Administrative Assistant III assigned to City Manager and Human Resources Executive Assistant to the City Manager
Payroll Technician
Human Resources Technician

21.95 EXHIBIT I
SEIU 521 REPRESENTED CLASSIFICATIONS ELIGIBLE TO RECEIVE HAZARDOUS MATERIALS PREMIUM PAY (MOU SECTION 10.22)
(Hazardous material departmental policies and/or practices to adhere to procedures current as of the effective date: September 5, 2019) Classification Title (as of 8/12/2022) Classification Grade Code
Building Maintenance Worker I/II 117/118
Chemist I/II 120/121
Construction Specialist 131
Custodian 133
Environmental Compliance Inspector 143
Environmental Microbiologist I/II/III 255/256/257
Environmental Programs Analyst I/II 141/136
Equipment Mechanic I/II 137/138
Equipment Service Worker 139
Facility Attendant 140
Homelessness Response Field Worker 122
Laboratory Technician 215
Light Equipment Mechanic 153
Parking Attendant 162
Parking Controls Maintenance Worker 164
Parking Facility Maintenance Assistant 227
Parks Maintenance Worker & Senior Parks Maintenance Worker 167/186 Plant Maintenance Mechanic I/II 170/171
Police Property and Evidence Specialist 175
Ranger Assistant 238
Ranger I/II & Senior Ranger 294/179/293
Recreation Assistant 180
Recycling Center Maintenance Mechanic 181
Resource Recovery Equipment Operator 182
Resource Recovery Worker I/II Senior Resource Recovery Worker 218/219/220 SEIU Administrator of PW Hazardous Materials Disposal Program @ Corp Yard n/a Senior Homelessness Response Field Worker 123
Senior Parking Services Worker 264
Senior Police Property and Evidence Specialist 299
Service Maintenance Trainee/Worker & Senior Service Maintenance Worker 189/190/187 Solid Waste Worker 191 21.96
Utility Maintenance Technician Trainee & Utility Maintenance Technician 295/260 Utility Service Field Technician I/II 275/275
Wastewater Collection Maintenance Trainee/Tech I/Tech II & Senior 203/204/202/205 Wastewater Facilities Electrical Instrumentation Technician I/II 262/263 Wastewater Facilities Mechanical Technician I/II & Lead 247/248/249 Wastewater Plant Operator OIT/I/II/III 111/206/207/236
SEIU Staff on the Water Department Volunteer Sharps Pick-Up List n/a Water Distribution OIT/II/III and Senior Water Distribution Operator 244/245/246/243 Water Facilities Electrical/Instrumentation Technician II/III 265/266 Water Facilities Mechanical Technician II/III 258/259
Water Meter Specialist 276
Water Quality Chemist I/II/III 251/252/253
Water Resources Analyst 298
Water Treatment OIT/II/III/IV 239/240/241/242
Wharf Construction Worker 216
95 21.97
City Council

AGENDA REPORT
DATE: 04/12/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Public Works
SUBJECT: City of Santa Cruz Pump Station No. 1 Project (c401707) – Professional Services Agreement Amendment (PW)
RECOMMENDATION: Motion authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Schaaf & Wheeler (Santa Clara, CA) in the amount of $105,900 to provide Consulting Engineering Services for the City of Santa Cruz Pump Station No.1 Project (c401707) in a form acceptable to the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved budget.

BACKGROUND: Pump Station No. 1 (PS1) serves a critical role in flood protection in the downtown area, but recent hydraulic modeling has shown that it is no longer sufficient in its ability to limit or mitigate flooding in today’s heavy storms.

In April of 2022 the City of Santa Cruz (City) solicited statements of qualifications for qualified consultants to provide consulting engineering support services for the evaluation of PS1 and design of improvements. At its November 15, 2022 meeting, City Council authorized the City Manager to apply the 2022 Federal Emergency Management Agency Building Resilient Infrastructure Grant in the amount of $15 Million to fund proposed PS1 improvements.

DISCUSSION: After the hour of 2:00 p.m., June 7th, 2022, statements of qualifications for consulting engineering services were opened by the Public Works Department. Proposals were received from the following firm and evaluated based on the criteria listed in the solicitation. - Schaaf & Wheeler, Santa Clara, CA – Score: 83
In August 2022 the City contracted Schaaf & Wheeler (S&W) to conduct a condition assessment of PS1 for structural and equipment upgrades and evaluate the feasibility of siting an additional pump station to alleviate flooding in the downtown area. The proposed Amendment to the Agreement is to add preliminary design services.

Staff recommend approval of an amended contract for professional services, with an associated cost for additional services of $105,900. The work to be performed and the breakdown of the budget to be added under this amended contract are described in detail in the attached (Exhibit A-1 & Exhibit B-1) documents. The additional tasks included in the amended Scope of Work include the drafting of a basis of design report for PS1 and the new Soquel pump station, an assessment of the discharge piping condition, and a strategy memo for permitting.

22.1 Staff recommend the authorization of Public Works Director to approve future amendments to the Agreement as necessary as the project progresses into design and construction phases.

FISCAL IMPACT: The project is funded in the FY 2023 Storm Water Overlay Enterprise Fund as Downtown SLR Drainage Assessment (c401707). There is no impact to the General Fund.

Prepared By:

Tim Wong
Assistant Engineer II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PUMP STATION 1 PROFESSIONAL SERVICES AGREEMENT.PDF

2. EXHIBIT A-1 PUMP STATION 1 BASIS OF DESIGN LETTER PROPOSAL (SCHAAF &AMP; WHEELER).PDF

3. EXHIBIT B-1 SOQUEL STORM DRAIN PUMP STATION BASIS OF DESIGN LETTER PROPOSAL (SCHAAF &AMP; WHEELER).PDF

22.2 22.3

22.4 22.5

22.6 22.7

22.8 22.9

22.10 22.11

22.12 22.13

22.14 22.15

22.16 22.17

22.18 22.19

22.20 22.21

22.22 22.23
March 16, 2023
Katie Stewart, PE
City of Santa Cruz Public Works
809 Center Street, Room 201
Santa Cruz, CA 95060
Subject: Pump Station No. 1 Basis of Design
Dear Katie:

The purpose of this letter is to provide a scope for engineering services as requested by the City of Santa Cruz for conducting a basis of design report regarding improvements to Pump Station No.1.

Pump station No.1 is located adjacent to the Laurel Street bridge, on the west side of the San Lorenzo River. Currently, stormwater for a large portion of the downtown area is collected and conveyed to the pump station. Stormwater is then pumped into the San Lorenzo River during storm events when water levels in the river are high, preventing gravity outfalls from discharging. The City would like to explore the option of performing a rehabilitation of PS1 including construction of a new wetwell, replacing the existing pumps, discharge piping, electrical and addressing accessibility concerns for O&M staff. Incorporation of MS4 compliant full trash capture has also been requested for feasibility assessment within the basis of design.

The scope of services assumes that the pump station design will have the following elements:

1. Structures: Cast-in-place or precast, belowgrade structures are assumed for the new wetwell.

2. Pumps: Three axial flow pumps, with all three being capable of handling the provided peak stormwater flow tributary to the station. Design flow shall be provided by the City’s storm drain modeler.

3. Discharge Piping: Pump station discharge piping will be designed within the pump station limits to the existing point of connection with the levee. It is currently assumed that the steel pipe through the levee and existing outfall structure will remain.

4. Electrical Improvements: Electrical improvements will include a pump station control panel (outdoor rated, exterior panel mounted on a concrete equipment pad). A standby generator will also be sized and located onsite.

5. SCADA Communications System: It is assumed that SCADA will follow the City’s current standard of Wonderware 2020, Micrologix 1400 for the PLC running RSLogix500 and CMore for the onsite HMI terminal.

6. Site Improvements: Basis of design will include preliminary locating and sizing of pump station mechanical equipment, electrical equipment, and associated appurtenances including lighting, fencing, access gates, etc.

7. Trash Capture: Full trash capture device located at the pump station forebay designed to meet the regional water board requirements.

Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Ste. 350
Santa Clara, CA 95054-1860
408-246-4848

22.24 Schaaf & Wheeler Page 2
More specifically Schaaf & Wheeler will perform the following tasks:

Task 1. Discharge Piping Condition Assessment
Schaaf & Wheeler’s subconsultants JDH Corrosion and Presidio Systems Incorporated will perform a condition assessment and CCTV of the existing steel discharge pipes as they penetrate the levee and outfall. As modification or replacement of the existing PS1 outfall and levee penetration would involve long lead times for permit applications and approvals, the current preference is to reuse the existing penetrations and outfall if feasible. The condition assessment will inform the City and project team of any potential need for trenchless rehabilitation of the existing steel pipes and outfall. Recommendations for rehabilitation options will be included under the basis of design included in Task 2.

Task 2. Basis of Design Report
Schaaf and Wheeler will prepare a basis of design report assessing the pump station hydraulics including friction/minor losses, static lift, and anticipated operating conditions. Pump selection along with discharge piping, valve and appurtenance sizing will be summarized for City review and comment. S&W assume that peak flows anticipated to reach PS1 will be provided by the City’s storm drain water modeler. Schaaf & Wheeler will provide preliminary concept plans for improvements, a proposed equipment list and an engineer’s opinion of probable costs.

Schaaf & Wheeler will prepare a written report documenting the basis of design’s assumptions, findings, and recommendations. One (1) draft report will be submitted to the City for review and comment. Once all City comments and preferences have been reviewed and addressed by S&W, a final report will be provided for City record.

Assumptions
The scope of work detailed above is based on our current understanding of the project requirements and is based on the following assumptions:
- Potholing, utility investigation and confined space entry will not be provided as part of this scope of services.
- Interior Drainage Study shall be provided by City for review. We assume the report is substantially complete with final flow values for our analysis. - Record drawings, storm drain inverts/rim elevations, and pump station run time data shall be provided by the City.
- Topographic surveying will not be required. Elevation data will be provided by the City, and supplemented with LIDAR data from Santa Cruz County and field measurements. - All items not specifically identified in this scope of services are excluded.

Consultant’s Compensation
Based on the above understanding, scope, and assumptions, we propose to provide engineering services for Tasks 1-2 based on a not-to-exceed fee amount of $58,770. Please refer to the following table for our hourly breakdown.

22.25 Schaaf & Wheeler Page 3 Principal Project Manager Senior Project Manager Associate Engineer Hourly Rate $275 $250 $210
TASK 1 CONDITION ASSESSMENT 4 16 8 $ 6,780 $ - $7,500 $10,000 $ 26,030 A CCTV of Forcemain 2 8 4 $ 3,390 $ - $7,500 $ - $ 11,640 B Condition Assessment of Forcemain 2 8 4 $ 3,390 $ - $ - $10,000 $ 14,390 TASK 2 BASIS OF DESIGN REPORT 8 38 74 $ 27,240 $5,000 $ 32,740 A Data Collection and Review 2 12 16 6,910$ -$ -$ -$ $ 6,910 B Draft BOD Report 2 20 48 15,630$ 5,000$ -$ -$ $ 21,130 C Final BOD Report 2 4 8 3,230$ -$ -$ -$ $ 3,230
D Workshop Meeeting With City Public Works 2 2 2 1,470$ -$ -$ -$ $ 1,470 12 54 82 34,020$ 5,000$ 7,500$ 10,000$ $ 58,770 Presidio Systems Incorporated JDH CorrosionTOTAL Santa Cruz Pump Station No.1 Basis of Design
Schaaf & Wheeler (03/16/2023)
Schedule of Hours and Rates by Task
FINAL
Cost
(with 10%
subconsultant
markup) Schaaf & Wheeler Subtotal
Schaaf & Wheeler
Task TJCAA (Electrical)
Subconsultant
Our charge rates that will apply to this project are also included for reference.

Sincerely,
Schaaf & Wheeler Sign:___________________________________ Glen M. Anderson, PE (CE#76720) Print:__________________________________ Vice-President Authorization Date

22.26 Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $275 Construction Manager $250 Senior Project Manager $250 Senior Resident Engineer $235 Senior Engineer $235 Resident Engineer $210
Associate Engineer $210 Assistant Resident Engineer $190 Assistant Engineer $195
Junior Engineer $185
Designer $175
GIS Analyst $175
Technician $160
Engineering Trainee $135
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/23
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848

22.27 March 16, 2023
Katie Stewart, PE
City of Santa Cruz Public Works
809 Center Street, Room 201
Santa Cruz, CA 95060
Subject: Soquel SDPS Basis of Design
Dear Katie:

The purpose of this letter is to provide a scope for engineering services as requested by the City of Santa Cruz for conducting a basis of design report regarding design of new storm water pump station at Soquel Avenue.

The feasibility of incorporation of a new pump station at Soquel Avenue was assessed by Schaaf & Wheeler in December of 2022.

The scope of services assumes that the pump station design will have the following elements:

1. Structures: Cast-in-place or precast, belowgrade structures are assumed for the new wetwell.

2. Pumps: Four submersible, rail-mounted pumps, with all four being capable of handling the provided peak stormwater flow tributary to the station (assumed to be 80 cfs).

Design flow shall be confirmed and provided by the City’s storm drain modeler.

3. Discharge Piping: Pump station discharge piping will be designed from the pump station to a proposed, new outfall.

4. Electrical Improvements: Electrical improvements will include a pump station control panel (outdoor rated, exterior panel mounted on a concrete equipment pad). It is assumed that a new PG&E service will be required for this station along with locating a new PG&E transformer. A standby generator will also be sized and located onsite if feasible. Alternatives for backup power at this station will be explored based on space limitations, security concerns and costs.

7. Trash Capture: Full trash capture device located upstream of the pump station will be assessed. Design assumptions for sizing of this trash capture device will be vetted along with PS1 trash capture sizing to effectively size both devices.

More specifically Schaaf & Wheeler will perform the following tasks:

Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Ste. 350
Santa Clara, CA 95054-1860
408-246-4848

22.28 Schaaf & Wheeler Page 2
Task 1. Outfall Permitting Strategy Memo
Schaaf & Wheeler’s subconsultant WRA will prepare a memo escribing the CEQA requirements for the project. The memo will recommend preliminary avoidance and minimization measures and best management practices to self-mitigate any environmental impacts of the project if feasible. The memo will also outline required permits based on the preliminary concept plans generated as part of the basis of design. Recommendations for rehabilitation options will be included under the basis of design included in Task 2.

Task 2. Basis of Design Report
Schaaf and Wheeler will prepare a basis of design report assessing the pump station hydraulics including friction/minor losses, static lift, and anticipated operating conditions. Pump selection along with discharge piping, valve and appurtenance sizing will be summarized for City review and comment. S&W assume that the peak design flows for Soquel SDPS will be provided by the City’s storm drain water modeler. Schaaf & Wheeler will provide preliminary concept plans for improvements, a proposed equipment list and an engineer’s opinion of probable costs.

Consultant’s Compensation
Based on the above understanding, scope, and assumptions, we propose to provide engineering services for Tasks 1-2 based on a not-to-exceed fee amount of $47,130. Please refer to the following table for our hourly breakdown.

22.29 Schaaf & Wheeler Page 3 Principal Project Manager Senior Project Manager Associate Engineer Hourly Rate $275 $250 $210
TASK 1 OUTFALL PERMITTING STRATEGY MEMO 2 8 4 $ 3,390 $ - $ 10,000 $ 14,390 A Outfall Permitting Strategy Memo 2 8 4 $ 3,390 $ - $ 10,000 $ 14,390 TASK 2 BASIS OF DESIGN REPORT 8 38 74 $ 27,240 $5,000 $ - $ 32,740 A Data Collection and Review 2 12 16 6,910$ -$ -$ $ 6,910 B Draft BOD Report 2 20 48 15,630$ 5,000$ -$ $ 21,130
C Final BOD Report 2 4 8 3,230$ -$ -$ $ 3,230
D Workshop Meeeting With City Public Works 2 2 2 1,470$ -$ -$ $ 1,470 10 46 78 30,630$ 5,000$ 10,000$ $ 47,130
SubconsultantWRA (Environmental)
TOTAL
Santa Cruz Soquel SDPS Basis of Design
Schaaf & Wheeler (03/16/2023)
Schedule of Hours and Rates by Task
FINAL
Cost
(with 10%
subconsultant
markup) Schaaf & Wheeler Subtotal
Schaaf & Wheeler
Task TJCAA (Electrical)
Our charge rates that will apply to this project are also included for reference.

Sincerely,
Schaaf & Wheeler Sign:___________________________________ Glen M. Anderson, PE (CE#76720) Print:__________________________________ Vice-President Authorization Date

22.30 Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/23
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
408-246-4848

22.31 City Council

AGENDA REPORT
DATE: 04/12/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Public Works
SUBJECT: Santa Cruz High School Parking Update (PW)
RECOMMENDATION: Receive an update regarding ongoing staff coordination with Santa Cruz High School regarding weekday parking issues.

BACKGROUND: At its November 15, 2022 meeting, City Council directed staff to continue working with Santa Cruz High School (SCHS) to address weekday parking issues and encourage Santa Cruz City Schools to explore transportation demand management programs.

City staff are continuing to investigate ways to address parking concerns with Santa Cruz City Schools Director of Facility Services, Trevor Miller. A number of issues and possibilities were identified that impact the school’s parking.

SCHS Construction activities reduced SCHS designated parking on Taylor Street. SCHS provided temporary additional onsite parking for students, offsetting spaces impacted on the street. Since construction began, faculty have resumed parking in their designated campus parking lot off Myrtle Street.

City staff have attached a parking supply map detailing the number of spaces available for SCHS permit holders. From September 13, 2022 through March 31, 2023, we have issued 4 citations to SCHS permitted vehicles in the Residential Permit Parking Program (RPPP) which is not included in the SCHS permitted parking supply. SCHS staff have continued to reach out for assistance to address parking concerns.

DISCUSSION: Transportation demand management strategies for SCHS could be initiated by the school with support from City staff. These tools help reduce the amount of parking required at a location.

A commuter permit program for faculty is currently available in the limits of the current RPPP however, that program has a limited number of permits available and may require faculty to park more than one block away and walk back to the school.

SCHS issues parking permits to students and the City enforces those permits on the roadways surrounding the school. SCHS may need to reevaluate the number of permits they issue to ensure they can be accommodated in the available on-street supply. They could do that by restricting the number or increasing the cost of the permit.

23.1 SCHS could submit a formal request to permanently adjust the existing RPPP from two to four hours without a permit. This is a formal process that will require substantial staff time to oversee with an outcome not in the control of city or SCHS. There is a set petitioning, noticing and appeal procedure, but ultimately the change would need two-thirds approval of those already in the current RPPP program. Furthermore, it’s unclear how an institution, with a single property but hundreds of people, would fit into the framework of the RPPP. SCHS staff would need to build community consensus for the program change and City staff would have to commit a substantial amount of time investigating how to reconfigure the RPPP.

FISCAL IMPACT: None.

Prepared By:

Heather Sawyer
Parking Program Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SCHS MAP.PDF

23.2 800BLK
100BLK
200BLK
32 SPACES
300BLK
300BLK
500BLK
400BLK
42 SPACES
29 SPACES

FACULTY LOT
13 SPACES
6 SPACES
13 SPACES
13 SPACES
3 SPACES

23.3 53 SPACES
CHESTNUT ST.

LAUREL TO JENNE

23.4 City Council

AGENDA REPORT
DATE: 04/12/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Public Works
SUBJECT: Proposed Permanent Easement Acquisition of Real Property Owned by PAP, LLC, including 24 Front Street (APN 007-212-10) and 30 Front Street (APN 007-212-09) for the Pacific-Beach Roundabout Improvement Project - Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing and directing the City Manager to enter into an agreement, in a form approved by the City Attorney, for acquisition of the permanent easement required for the construction of the Pacific-Beach Roundabout Improvement Project; and 2) Adopt a resolution amending the FY 2023 budget by transferring funds from the City Liability Fund for acquisition of the easement.

BACKGROUND: The purpose of the Pacific-Beach Roundabout Improvement Project is to provide a new bike lane crossing of the railroad tracks at the northeast corner of the roundabout.

The new northbound bike lane will provide a near perpendicular crossing of the railroad tracks, which is the recommended crossing method. It includes modifications to the sidewalk, streetlights, street grade, storm drain and retaining wall. This requires the acquisition of a permanent easement in an approximately 5 foot-wide strip of property from 24 Front Street, Santa Cruz, California (also known as Santa Cruz County Assessor’s Parcel Number 007-212- 10) and 30 Front Street, Santa Cruz, California (also known as Assessor’s Parcel Number 007- 212-09) (the “Properties”). The Properties are both owned by PAP, LLC, a California limited liability company (“Owner”).

The easement area is currently a sidewalk and will encumber approximately 62 square feet of APN 007-212-09 and 509 square feet of APN 007-212-10. For the project, the easement area will be improved by a new public sidewalk.

DISCUSSION: Appraisals for the Properties have been provided by Zeller Appraisal Services.

The fair market value for the easement area is $230 per square foot for a total of $131,330 for both Properties’ easements equaling 571 square feet.

City staff engaged in preliminary negotiations with Owner’s attorney, Bob Bosso of Bosso Law in Santa Cruz, California. The Owners agreed to the easement purchase, with an additional 10 percent (10%), for a total purchase price of $144,463.

24.1 FISCAL IMPACT: The acquisition of the easement area of the Properties will be funded by the City Liability Fund (Fund 842).

Prepared By:

Chris Schneiter
Professional Consultant
Submitted By:

Nathan Nguyen, P.E.

Public Works Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. BEACH STREET ROUNDABOUT PURCHASE AGREEMENT.PDF

3. ROUNDABOUT EASEMENT BUDGET ADJUSTMENT.PDF

24.2 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN

ACQUISITION AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, FOR THE PERMANENT EASEMENTS NECESSARY FOR CONSTRUCTION OF THE PACIFICBEACH ROUNDABOUT IMPROVEMENT PROJECT WHEREAS, the City has initiated the Pacific-Beach Roundabout Improvement Project; and
WHEREAS, in order to construct the Pacific-Beach Roundabout Improvement Project Project, it is necessary for the City to acquire a right-of-way permanent easement through a portion of the real properties located at 24 and 30 Front Street, Santa Cruz, California 95060, also known as Santa Cruz County Assessor’s Parcel Numbers 007-212-09 and 007-212-10 (the “Properties”); and
WHEREAS, the Properties are owned by PAP, LLC, a California limited liability company (“Owner”); and
WHEREAS, the Project will encumber an approximately 62 square foot portion of APN 007-212-09, and a 509 square foot portion of APN 007-212-10; and WHEREAS, the Properties with have been appraised and a fair market value has been determined to be $230 per square foot; and
WHEREAS, the Owner negotiated an additional ten percent (10%) Property valuation, bringing the value of the permanent easements to $144,463; and WHEREAS, the Project budget includes funding to acquire said right-of-way permanent easement in the Properties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is authorized and directed to execute acquisition agreement, in a form approved by the City Attorney, for the purchase of the right-of-way permanent easement at the Properties necessary to complete the construction of the Pacific-Beach Roundabout Improvement Project.

24.3 RESOLUTION NO. NS2
PASSED AND ADOPTED this 25th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED:

Fred Keeley, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

24.4 Assessor Parcel
No.

Owner Site Address Project
007-212-09
007-212-10
PAP, LLC, a California Limited Liability
Company
24 and 30 Front Street
Santa Cruz, CA 95060
Pacific-Beach
Roundabout
Improvement Project

PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement is made by and between The City of Santa Cruz (the “City”), a municipal corporation, and PAP, LLC, a California Limited Liability Company (the “Grantor”) as to 24 and 30 Front Street, Santa Cruz, California, also known as Santa Cruz County Assessor’s Parcel Numbers 007-212-09 and 007-212-10. The City and Grantor are hereinafter referred to individually as “Party” or collectively as “Parties”.

By and through this Agreement, Grantor agrees to convey and City agrees to accept, the below described Permanent Easement for the City’s Pacific-Beach Roundabout Improvement Project (the “Project”), pursuant to the following terms and conditions.

In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:

1.General Terms.
(A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement project in the manner proposed. (B) Grantor is the owner in fee of that certain real property located in the City of Santa Cruz, commonly known as 24 and 30 Front Street, Santa Cruz, California 95060, designated as Assessor’s Parcel Numbers 007-212-09 and 007-212-10, and more particularly described in Exhibit A attached to this Agreement and incorporated by reference herein (collectively, the “Parcels”). The “Permanent Easement” includes a 62 square foot portion of Front Street (APN 007-212-09) and 509 square foot portion of 30 Front Street (APN 007-212-10) that is more particularly described and shown in the map in Exhibit B, attached to this Agreement and incorporated by reference herein, as is required for the Project. (C) City requires the Permanent Easement for the Project for road improvement purposes. (D) Grantor warrants that it holds fee title to the Parcels and that it has the right and authority to grant the Permanent Easement as set forth herein.
(E) The Parties agree that the Project is for a public use for which City has the authority to exercise the power of eminent domain. Accordingly, Grantor is compelled to sell and City is compelled to acquire, the Permanent Easement.
(F) Both Grantor and City recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the Permanent Easement is in compromise and settlement of any and all rights of Grantor to compensation for the Permanent Easement and to claim, assess, or receive severance, inverse condemnation, damage to remainder parcel, or any other eminent domain damages, in lieu of such litigation.
(D) The Parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This

24.5 2
requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-NonDiscrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Section 50.3.
(E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.

2. Grant of Permanent Easement.
(A) For good and valuable consideration, receipt of which is hereby acknowledged by Grantor, Grantor hereby grants to City a non-exclusive permanent easement in and on the Permanent Easement for purposes of construction and maintenance of the Project, in accordance with the Project specifications currently on file with the City of Santa Cruz Public Works Department.

Specifically, for the construction and maintenance of the Project’s realignment of sidewalk, relocating utilities, and extending the bike lanes along the Parcels’ frontage. (B) Permission is hereby granted by Grantor to City and City’s authorized agents, representatives, employees, officials, contractors, and subcontractors to enter upon the Permanent Easement for undertaking and facilitating the work described herein and the construction and maintenance of the City’s Project, including for material storage.

It is agreed and confirmed by the Parties that notwithstanding other provisions of this Agreement, the right of possession and use of the Permanent Easement by the City, including the right to remove and dispose of improvements, shall become effective on City’s payment of the Purchase Price.

It is understood and agreed by and between the Parties hereto that the Purchase Price includes, but is not limited to, full payment for such possession and use, including damages, if any, which may accrue to Grantor’s remaining Parcels by reason of its severance from the Permanent Easement conveyed herein and the construction and use of the proposed Project, including, but not limited to, any expense which the Grantor may incur in restoring the utility of its remaining Parcels.
(C) Grantor covenants and agrees to deposit into Escrow prior to the close of escrow the Permanent Easement, in substantially the form attached as Exhibit C, duly executed and acknowledged by Grantor, granting and conveying to City the Permanent Easement.

3. The total purchase price for the Permanent Easement is $144,463.00 (ONE HUNDRED FORTYFOUR THOUSAND, FOUR HUNDRED SIXTY-THREE DOLLARS AND NO/CENTS) (the “Purchase Price”) payable by City to the Grantor for the property rights conveyed in this transaction.

4. The City shall pay all escrow and recording fees, interest, notary fees, and related miscellaneous expenses incurred in this transaction, and if title insurance is desired by the state, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer taxes (as City is exempt from such taxes).

5. This transaction shall be handled through a First American Title Company, Escrow Number ____________________. Grantor and City shall deposit with First American Title Company a signed copy of the Permanent Easement, attached to this Agreement and incorporated herein by reference as Exhibit C. City shall not be deemed to have accepted delivery of the Permanent

24.6 3
Easement until such time as the Permanent Easement is recorded in the Official Records of Santa Cruz County, California.

6. The Permanent Easement shall exist in perpetuity, beginning when the Permanent Easement is fully executed.

7. Grantor warrants that there are no oral or written leases on all or any portion of the Permanent Easement exceeding a period of one month, and the Grantor agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a waiver will be required from any lessee that has a lease term exceeding one month. Said waiver is to be provided prior to the close of escrow.

8. In consideration of the City’s waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the City of Santa Cruz harmless from any and all claims that other parties may make or assert on the title to the premises.

The Grantor’s obligation herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract.

9. During the term of the Permanent Easement, the City agrees to defend, indemnify, and hold harmless Grantor and its respective officers, members, agents, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, suits, damages, liens, injury, losses, liability, costs and expenses (including attorneys’ fees) for personal injury or property damage related to the use, maintenance, repair, or replacement of the Permanent Easement, except to the extent due to the gross negligence or willful misconduct of any of the Indemnified Parties or their respective agents or assigns.

10. The Purchase Price of the Permanent Easement reflects the fair market value of the Permanent Easement without the presence of contamination. If the property being acquired is found to be contaminated by the presence of Hazardous Waste which requires mitigation under Federal or state law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

11. In the event that City permanently abandons the Project by providing Grantor with written notice, then the following will occur: the Permanent Easement will revert back to the Grantor. If the Permanent Easement terminates, the Parties shall execute such documents as may be reasonably required to remove such an easement from title to the Parcels.

12. City will require any independent contractor it engages to perform construction within the Permanent Easement, any subcontractor that such contractor may retain, to procure and maintain in full force and effect throughout such construction activities insurance meeting the City’s requirements. City shall City shall require all such contractors and subcontractors to satisfy these insurance requirements, including naming the Grantor and its officials, employees and agents, as additional insureds on the Commercial General Liability policy, and automobile insurance policy and City shall provide verification of insurance coverage prior to contractors and subcontractors accessing the Permanent Easement for Project-related activities. In addition, City shall ensure that all independent contractors engaged by City for the Project, and all subcontractors retained by such contractor, maintain worker’s compensation insurance in at least the minimum amount required by law with a waiver of subrogation in favor of the Grantor.

24.7 4

13. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities when removed, relocated, or reconstructed by the City, shall be left in as good as condition as found, reasonable wear and tear excepted.

14. Miscellaneous Provisions.
a. Time of Essence. Time is of the essence in this Agreement. b. Notices. Any notice, tender, delivery, or other communication pursuant to this Agreement shall be in writing and delivered by overnight Federal Express or priority U.S. Mail, and shall be served on the parties at the following address.

If to City: If to Grantor:

City Manager PAP, LLC
c/o Matt Huffaker c/o Eugene Panelli, Manager
809 Center Street, Room 10 30 Front Street
Santa Cruz, CA 95060 Santa Cruz, CA 95060
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
c. Entire Agreement. This Agreement and the attached Exhibits between the Parties constitute the entire agreement between the parties relating to the purchase of the Permanent Easement and with respect to the Project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Grantor. d. Settlement of Disputes. In the event of any dispute under the terms of this Agreement, the aggrieved party shall first give written notice (a “Dispute Notice”) to the other party setting forth the nature of the dispute and the relief requested. The parties shall then attempt to resolve the dispute by escalating the dispute within their respective organizations. e. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. f. Attorneys' Fees. If any action, proceeding, or arbitration arising out of or relating to this Agreement is commenced by either party to this Agreement or by the Escrow Holder, then as between City and Grantor, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action, proceeding, or arbitration by the prevailing party. g. Binding Effect. Grantor and City have the right, power, legal capacity and authority to enter into and perform their obligations under this Agreement without further approval or consent. Those persons executing this Agreement on behalf of Grantor and City are authorized to do so, and by so executing this Agreement, they thereby bind Grantor and City to the terms hereof. Except as otherwise expressly provided herein, this agreement shall bind and inure to the benefit of the parties and their respective successors and assigns.

24.8 5
h. Binding on Successors. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and or assignees.
i. Governing Law. This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California. j. Headings. The headings of the articles and sections of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and shall not be used in its construction. k. Warranty of Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation, or trustee, that such partnership, corporation, or trustee has full right to enter into this Agreement and perform all of its obligations hereunder. l. Execution and Counterparts. This Agreement, as well as any amendments and supplements thereto, may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. A scanned, electronic, facsimile, or other copy of a party’s signature shall be accepted and valid as an original.
m. Council Approval. This Agreement is contingent upon the approval of the City Council of the City of Santa Cruz.

Signature Page to Follow

ALL AGREEMENTS FOR PURCHASE OF PROPERTY ARE CONTINGENT UPON THE APPROVAL OF THE SANTA CRUZ CITY COUNCIL.

24.9 6
In Witness Whereof, the Parties vested have executed this agreement on ______ day of ____________ 2023.

Grantors: PAP, LLC, a California Limited Liability Company ____________________________________
____________________________________
Eugene Panelli, Manager
Grantee: The City of Santa Cruz
_____________________________
Matt Huffaker, City Manager
Approved As To Form:
______________________________
Victoria Thompson
Office of the City Attorney
______________________________
Robert E. Bosso
Law Office of Robert E. Bosso
Attorney for Grantor

24.10 EXHIBIT A
Legal Description of Property

24.11 EXHIBIT B
Permanent Easement Legal Description and Plat Map

24.12 24.13

EXHIBIT C
Permanent Easement Deed

THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383

PERMANENT EASEMENT
APNs 007-212-09, 007-212-10
THE UNDERSIGNED GRANTOR(S) DECLARE(S):

Documentary transfer tax is $0 (County) $0 (City)
Computed on the full value of the property conveyed, or computed on the full value less value of liens or encumbrances remaining at the time of sale or transfer.

There is no Documentary transfer tax due. (Government agency acquiring title -- R&T §11922) Unincorporated area: _____________ City of: Santa Cruz
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged PAP, LLC, a California limited liability company (“Grantor”), does hereby grant to the CITY OF SANTA CRUZ, a municipal corporation (“Grantee”), an easement for public access purposes and incidents thereto over, on, under, and across all that certain real property in the City of Santa Cruz, County of Santa Cruz, State of California, more particularly described as follows:

SEE EXHIBITS “A” and “B” ATTACHED HERETO AND MADE A PART HEREOF.

Grantor warrants that it is the owner in fee of the property identified in Exhibits A and B attached hereto.

Grantee requires this Easement for a public use for bridge improvement purposes in furtherance of the City’s Pacific-Beach Roundabout Improvement Project (“Project”), including but not limited to the Project’s realignment of sidewalk, relocating utilities, and extending the bike lanes along the properties’ frontage. The Easement area shall be maintained by Grantee in conformance with generally accepted design and construction standards and Grantee shall perform all necessary inspections, maintenance, repairs, and replacements to the Easement area to allow for its proper and safe use.

Recording Requested by:

WHEN RECORDED RETURN TO:

Department of Public Works
City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060 THIS SPACE FOR RECORDER’S USE ONLY X

24.14 The Easement shall exist in perpetuity.

Dated
Grantor
PAP, LLC, a California limited liability company
By:

Name:

Its:

24.15 24.16

EXHIBIT A
Permanent Easement Legal Description

24.17 EXHIBIT A
Permanent Easement Plat Map

24.18 24.19

CERTIFICATE OF ACCEPTANCE
PURSUANT TO GOVERNMENT CODE § 27281
THIS IS TO CERTIFY that the interest in real property conveyed by the easement agreement dated _________, 2023, from the XXX, a California Municipal Corporation (the “Grantor”), to the City of Santa Cruz, a California Municipal Corporation (the “Grantee”), is hereby accepted by order of the undersigned officer on behalf of the City Council of the City of Santa Cruz pursuant to the authority conferred by Resolution NS-7013 of the City Council of the City of Santa Cruz adopted on January 8, 1963, in Volume 1516, Page 392 of Official Records; and the Grantee consents to recordation thereof by its duly authorized officer, the City Clerk of the City of Santa Cruz.

Dated: _____________, 2023 CITY OF SANTA CRUZ
A California Municipal Corporation
By: _________________________
Matt Huffaker, City Manager
ATTEST:

Bonnie Bush, City Clerk

24.20 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT 352-(&71$0(
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25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
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FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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352-(&7
352-(&7
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TOTAL EXPENDITURE

TOTALREVENUE
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04/04/2023
To fund acquisition of an easement for the Pacific-Beach Roundabout Imorvment project that addsa newbike lane crossing and bike lane at the intersection.
311-00-0000-49106 c401804 929-0-0 MB Sanctuary Scenic Trail - Segment 8 and 9 144,463 Transfer from Liability Fund
144,463
311-40-64-9330-57307 c401804 100-2020-0 MB Sanctuary Scenic Trail - Segment 8 and 9 144,463 842-00-00-0000-59103 To Gen CIP Fund (Transfer from Liability Fund) 144,463 288,926
-144,463
Chris Schneiter Digitally signed
by Nathan
Nguyen
Edward
Torres
Digitally signed by Edward Torres
DN: cn=Edward Torres, o=City of Santa Cruz, ou,
[email protected], c=US
Date: 2023.04.12 15:15:57 -07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.04.13 09:17:03 -07'00'

24.21 City Council

AGENDA REPORT
DATE: 04/12/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Public Works
SUBJECT: Purchase Natural Gas at Wastewater Treatment Facility – Budget Adjustment (PW)
RECOMMENDATION: Resolution amending the FY 2023 budget and appropriating funds in the amount of $260,000 to fund rising natural gas purchased at the Wastewater Treatment Facility.

BACKGROUND: The FY 2023 Wastewater Treatment Facility (WWTF) Natural Gas Budget had an original appropriation of $240,000 to purchase natural gas for the City’s WWTF. Each year City staff expect to see a slight increase in prices for commodities, however this year natural gas prices have risen steeply.

The WWTF purchases Natural Gas under a state wide procurement from Natural Gas Services (NGS) at dgs.ca.gov. On Dec 30, 2022, NGS notified customers that gas rates in January 2023 increased tenfold. February rates dropped back to December 2022 levels but rates are still double what they were earlier in the year.

DISCUSSION: The price of natural gas has been steeply increasing recently and various report anticipated costs to remain at this higher lever or to increase further. This budget adjustment is necessary to provide funding for the remainder of the fiscal year depending on the market.

FISCAL IMPACT: There are adequate funds in the Wastewater Enterprise Fund. There is no impact to the General Fund.

Prepared By:

Anne Hogan
Wastewater System Manager
Katie Stewart
Senior Civil Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NATURAL GAS BUDGET ADJUSTMENT.PDF

25.1 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
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TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
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Clear Form
2023
04/04/2023
Costs of natural gas has increased. Funds are necessary to cover the Natural Gas budget through the end of the fiscal year. 0 721-40-65-7203-53312 Natural Gas 260,000
260,000
-260,000
Katie
Stewart
Digitally signed by Katie Stewart
DN: cn=Katie Stewart, o=City of
Santa Cruz, ou=Public Work's
Department,
[email protected]
om, c=US
Date: 2023.04.06 10:56:12 -07'00'
Digitally signed
by Nathan
Nguyen
Tracy
Cole
Digitally signed by Tracy Cole
DN: cn=Tracy Cole, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2023.04.12 13:54:59
-07'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2023.04.13 07:15:41 -07'00'

25.2 City Council

AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Water
SUBJECT: Approval of Contract Amendment No. 1 – Soquel Avenue Main Replacement with MNS Engineers, Inc. for Construction Management Services (WT)
RECOMMENDATION: Motion to:
1) Approve Contract Amendment No. 1 - Soquel Avenue Main Replacement with MNS Engineers, Inc. (Santa Barbara, CA) in the amount of $151,740 and to authorize the City Manager to execute Contract Amendment No. 1 in a form approved by the City Attorney; and 2) Authorize the Water Director to approve change orders with MNS Engineers, Inc. in a form to be approved by the City Attorney and for amounts that are within the approved adjusted budget.

BACKGROUND: On November 15, 2022, City Council approved the plans and specifications for the Soquel Avenue Water Main Replacement Project (Project). Following this approval, a formal Invitation for Bids was issued and advertised through ebidboard.com (a construction industry bidding website), the City’s website, and was emailed to known contractors. The public bid opening for the construction contractor was completed on March 13, 2023, and the Project has been awarded to Pacific Underground Construction, Inc. (San Jose, CA).

On March 25, 2017, the Council approved a contract with MNS Engineers, Inc. (Santa Barbara, CA) for on-call construction management services. The intent of creating such a contract was to augment Water staff on an as-needed basis to assist with the construction of capital projects. The on-call contract was designed as a master services contract with a zero-dollar value for specific projects added on an as-needed basis through contract amendments. Since 2017, MNS Engineers, Inc. has provided quality construction management and inspection services on six successful projects, including two main replacement projects, and most recently the Newell Creek Dam Access Road Bridge Replacement in 2021.

The master services agreement includes a contract provision to electively renew the agreement and update the fee schedule on an annual basis. Contract Amendment No. 1 – Soquel Avenue Main Replacement includes a scope of services for MNS Engineers, Inc. to provide construction management and inspection services while utilizing the latest fee schedule completed on June 13, 2022 (remaining in force through June 30, 2023) and assuming a Project duration of 70 working days.

26.1 DISCUSSION: Contract Amendment No. 1 – Soquel Avenue Water Main Replacement includes a scope of services, pricing, and a schedule for MNS Engineers, Inc. to provide fulltime construction management and inspection services on the Soquel Avenue Water Main Replacement project in the amount of $151,740.

FISCAL IMPACT: The total cost of services under Contract Amendment No. 1 – Soquel Avenue Water Main Replacement is $151,740. Funds are available in the Water Department’s FY 2023 Capital Investment Program budget, project c700002 Main Replacements – City Engineering.

Prepared By:

Taylor Kihoi
Associate Professional
Engineer
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. AMENDMENT NO 1-SOQUEL AVENUE MAIN REPLACEMENT.PDF

26.2 City of Santa Cruz Amendment No. 1 – Soquel Avenue Water Main Replacement to Professional Services Agreement for On-Call Construction Management March 2023 Page 1
AMENDMENT NO. 1 – SOQUEL AVENUE WATER MAIN REPLACEMENT

TO PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL CONSTRUCTION MANAGEMENT
THIS AMENDMENT NO. 1 – SOQUEL AVENUE WATER MAIN REPLACEMENT dated _______________, (“Amendment No. 1 – Soquel Avenue Water Main Replacement”) TO THE PROFESSIONAL SERVICES AGREEMENT dated July 1, 2017, is made by and between the City of Santa Cruz (“City”) and MNS Engineers, Inc. (“Consultant”).

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated July 1, 2017 and incorporated by this reference, and WHEREAS, City and Consultant desire to amend the Agreement by adding a Scope of Work, Schedule, and Fee Schedule for the Soquel Avenue Water Main Replacement as specified herein.

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

1. Add a Scope of Work for the Soquel Ave. WMR and attach as Exhibit “D” of the Agreement as follows:
“Provide Construction Management and Inspection Services for the Soquel Avenue Water Main Replacement per the attached 2 page proposal dated March 11, 2023.”

2. Add Project Schedule and Fee Schedule, attached as Exhibit “E” of the Agreement as follows:
“Provide Construction Management and Inspection Services for the Soquel Avenue Water Main Replacement per the attached staffing plan in the amount of $151,740.00” Notwithstanding these amended terms of the original Agreement by this Amendment No. 1 – Soquel Avenue Water Main Replacement, all other terms and conditions of the original Professional Services Agreement and attachments shall remain in full force and effect.

Each party acknowledges that it has reviewed this Amendment No. 1 – Soquel Avenue Water Main Replacement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Amendment No. 1 – Soquel Avenue Water Main Replacement.

The parties may execute this Amendment No. 1 – Soquel Avenue Water Main Replacement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall

26.3 City of Santa Cruz Amendment No. 1 – Soquel Avenue Water Main Replacement to Professional Services Agreement for On-Call Construction Management March 2023 Page 2
constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

The signatories to this Amendment No. 1 – Soquel Avenue Water Main Replacement warrant and represent that each is authorized to execute this Amendment No. 1 – Soquel Avenue Water Main Replacement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Amendment No. 1 – Soquel Avenue Water Main Replacement.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment No. 1 – Soquel Avenue Water Main Replacement effective as of the date shown above.

Approved As To Form:

By: _____________________________ Date: __________________ City Attorney
MNS ENGINEERS, INC.

By: _____________________________ Date: __________________ Printed: __________________________ Title: _________________________

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Rosemary Menard, Water Director
Technical Review By:

By: ______________________________ Date: __________________ Heidi Luckenbach, Deputy Water Director / Engineering Manager

26.4 811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
Ph 805.787.0326 F 805.787.0437
City of Santa Cruz Water Department
Attention: Mr. Taylor Kihoi, P.E.

Associate Professional Engineer
212 Locust Street, Suite C
Santa Cruz, CA 95060
SUBJECT: Proposal for Construction Inspection Services for the Soquel Avenue Water Main Replacement Project (CWO #2022-005)
Dear Mr. Kihoi:

Thank you for the opportunity to submit this proposal for Construction Inspection Services for the Soquel Avenue Water Main Replacement Project (CWO #2022-005). MNS Engineers, Inc. (MNS) offers the City qualified construction management professionals with experience in water related projects.

Project Understanding
This project will install approximately 928 lineal feet of 12-inch PVC/DI fully restrained potable water main, 1873 lineal feet of 6-inch PVC/DI fully restrained potable water main, and 50 lineal feet of 4-inch PVC/DI fully restrained potable water main including various size service reconnections (3/4” – 8”) and service renewals, tie-ins and other various appurtenances on Soquel Avenue between Capitola Road and Bostwick Lane. Construction is anticipated to begin May 2023 with a construction duration of 70 working days and will require full-time inspection to ensure the work progresses as planned.

Work Plan/Scope of Work
MNS will provide the following Scope of Work:

Construction Inspection
MNS will implement inspection guidelines for monitoring the quality of the contractor's work. The Construction Inspector will be onsite daily to inspect the work is being performed safely and in accordance with the contract documents. We understand that there will be both day work and night work on the project.

The Construction Inspector’s responsibilities will also include:
 Project Review. The MNS inspector will meet with the City and become familiar with the project plans and specifications as well as the project work site.
 Daily Inspection. Inspect the construction for compliance to the plans and specifications.  Coordination. Coordinate with City staff on any potential change orders, extra work, or water operations such as shut downs and testing.
 Daily Reports. Prepare daily inspection reports, daily quantities, note any safety issues, and include an accurate description of the work, labor, and equipment. Note any extra work or changes to the plans. Maintain photographic record of construction.
 Materials. Verify approved materials are being incorporated into the project.  Materials Testing. Coordinate with the Contractor’s materials testing firm as needed  As Builts. Maintain a set of field as-buiilt plans
March 11, 2023 EXHIBIT D

26.5 City of Sata Cruz
Construction Inspection Services for the
Soquel Avenue Water Main Replacement Project
PAGE 2
 Punch List. Prepare punch list and inspect for completion of punch list work items. Perform final walk-through with the City Project Manager and the contractor.

Project Team
Based on our Project Understanding, we anticipate the project will require a full-time Construction Inspector to assist the City with this project. The MNS inspector will work directly for the City Project Manager and keep the City informed of progress on a regular basis.

Schedule and Fee
MNS proposes to provide construction inspection services as outlined in the Work Plan/Scope of Work on a time and materials not-to-exceed basis. The estimated cost of services is shown in the attached Staffing Plan. Based upon an estimated project duration of 160 working days, with additional time for startup and closeout, MNS estimates the total service fee for construction inspection for the duration of this project is $151,740.00. Actual costs billed to the City will be on actual time spent, and the budget will not be exceeded without prior written approval of the City.

Again, we appreciate the opportunity to propose on this work and provide professional services to the City. Please feel free to contact me at 805.896.9474 or at [email protected] should you have any questions.

Sincerely,
MNS Engineers, Inc.

Greg Chelini, PE
Principal Construction Manager
Attachments: Staffing Plan

26.6 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Pre-Construction $ 5,540.00
Construction Management $ 141,210.00
Project Closeout $ 4,990.00
Role Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Project Manager 4 4 275.00 $ 1,100.00
Construction Inspector 24 24 185.00 $ 4,440.00
0 0 0 28 0 0 0 0 0 0 0 0 28 $ 5,540.00
Project Manager 4 4 4 4 16 275.00 $ 4,400.00
Construction Inspector 172 172 172 100 616 185.00 $ 113,960.00 Construction Inspector OT 20 20 20 10 70 255.00 $ 17,850.00 0 0 0 0 196 196 196 114 0 0 0 0 702 $ 136,210.00
Project Manager 2 2 275.00 $ 550.00
Construction Inspector 24 24 185.00 $ 4,440.00
0 0 0 0 0 0 0 0 26 0 0 0 26 $ 4,990.00
0 0 0 28 196 196 196 114 26 0 0 0 756 $ 146,740.00
Document Control Software
Materials Testing
Document Control
Notes:

1. Hours based on a construction period start date of May 1, 2023 and a duration of 70 working days.

2. Durations based on contractor working 8 hours per day. Overtime is estimated at 20 hours/month., This is an estiamte only; actual OT hours could be more or less depending upon contractors work schedule.

3. Inspection hourly rate reflects day shift rate; night shift hours will be billed at regular plus $7/hr night differential; hourly rate may adjust should there be any increase in DIR prevailing wage rates.

TOTAL HOURS

SUB-TOTAL

SUB-TOTAL
2023

CONSTRUCTION MANAGEMENT
Direct Expenses

PRE-CONSTRUCTION
Inspection Services
Soquel Avenue Water Main Replacement Project
City of Santa Cruz
HOURLY

RATE TOTAL COST
PHASE
Project Schedule
TOTAL
HOURS
2023
PHASE
Construction

DIRECT EXPENSES SUB-TOTAL

SUB-TOTAL
Project Closeout
Direct Expenses
NA
$ 5,000.00
$ 151,740.00
NA

CONSTRUCTION PHASE TOTAL

TOTAL COST
SUBCONSULTANTS SUB-TOTAL $ -

TOTAL COST
$ 5,000.00

EXHIBIT E

26.7 City Council

AGENDA REPORT
DATE: 04/13/2023
AGENDA OF: 04/25/2023
DEPARTMENT: Economic Development and Housing
SUBJECT: 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan, Amendment to the 2019-2020 HUD, Amendment to the 2020-2025 Consolidated Plan, and Amendment to the Citizen Participation Plan (ED)
RECOMMENDATION: Motion to:
1) Adopt a resolution for the City’s 2023-2024 HUD Annual Action Plan (AAP) and amendments to the 2019-2020 AAP, 2020-2025 Consolidated Plan, and Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2023-2024 AAP and amended 2019-2020 AAP and 2020-2025 Consolidated Plan (CP) which includes the 2023 Neighborhood Revitalization Strategy Area (NRSA) Plan to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2023- 2024 program year; and
2) Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2023-2024 Action Plan and any subsequent revisions to the 2023-2024 Action Plan; and
3) Approve the 2023-2024 AAP Budget Adjustment reallocating 2019-2020 CDBG Funds, allocating 2023-2024 CDBG and HOME Funds and appropriating the funds in the FY 2024 budget.

BACKGROUND: The City receives Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) entitlement funding annually from the U.S.

Department of Housing and Urban Development (HUD). To obtain these funds, the City must develop and adopt a five-year Consolidated Plan (CP) which identifies and analyzes strategies for addressing specific community needs. The five-year CP provides strategic direction for housing and community development activities carried out in the City. The City’s CP was prepared and submitted for approval to HUD’s Office of Community and Planning Development (CPD) in 2020. The CP covers Program Years 2020-2024 and this is Program Year (PY) 2023.

Each PY, the City must approve an Annual Action Plan (AAP) specifying activities that will be undertaken during that PY and setting the annual budget by allocating funds from that year’s

27.1 CDBG and HOME entitlements plus any unused or uncommitted funds from prior years or any program income (PI) received during the preceding year. The recommended 2023-2024 AAP budget, as approved at the March 14, 2023 City Council meeting, is provided as an attachment to this report. The funding recommendations are also summarized below in the CDBG Program and HOME Program Budget Recommendations sections.

HUD released the enacted budget for PY 2023 on February 27, 2023, awarding the City approximately $6,159 more under the CDBG program (total allocation of $568,725) and $84,611 more under the HOME program (total allocation of $499,440) than originally anticipated.

The draft AAP that staff was directed to prepare and post has been available for public review online since March 26, 2023 (see link below). To date, no comments on the draft AAP have been received by staff. To meet established HUD deadlines, final awards cannot be pushed beyond this second public hearing on April 25, 2023. Staff recommends the City Council finalize the recommendations made at the March 14, 2023 meeting by adopting the attached resolution. Staff will update the AAP based on the outcome of this April 25, 2023 public hearing and the AAP will be available for review and public comment for another 15 days before it is submitted to HUD in May. https://www.cityofsantacruz.com/government/city-departments/economicdevelopment/housing-assistance-information/hud-programs/hud-consolidated-plan-documents

CDBG PROGRAM OVERVIEW
CDBG funds are used for a wide range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. Activities that can be funded with CDBG dollars include but are not limited to:
acquisition of real property, acquisition and construction of public works and facilities, reconstruction and rehabilitation of residential and nonresidential properties, and the provision of public services such as employment, food banks, crime prevention, childcare, health, drug abuse, education, and fair housing counseling. The primary beneficiaries of CDBG funded projects or programs must be very-low, low and moderate-income persons and households. Other beneficiaries of CDBG funded projects can include seniors, homeless persons and disabled adults. To oversee programs and projects using CDBG program funding, HUD sets the administration levels at 20% of the combined grant allocation plus program income (PI). This funding covers the City’s costs of administering the CDBG program.

As a requirement of receiving HUD CDBG funding, the City cannot have over 1.5 times its current program year allocation in unspent CDBG funds. If the City is in a state of noncompliance, HUD can reduce future CDBG funding allocations. Therefore, the City considers readiness when allocating funds to projects and programs and reallocates any unspent funds from prior years as necessary.

Additionally, HUD regulations also limit how CDBG funds are used for public service activities.

The City is not permitted to spend more than 15% of its annual grant allocation from HUD plus PI and funds available for reallocation in any PY on public service activities. In general, the City’s CDBG funded programs and projects must either benefit low-income areas (Area Benefit) or low-income individuals (Limited Clientele). To qualify under Area Benefit, an activity must be located in and serve a low-income neighborhood. Programs receiving funding under Limited Clientele requirements must document that at least 51% of their clientele are low-income. The City can spend above the 15% specifically when awarding funding to Community Based

27.2 Development Organizations (CBDOs) that are located with a HUD approved Neighborhood Revitalization Strategy Area (NRSA). To qualify as a CBDO, an organization must maintain a governing board of directors comprised of a mix of at least 51% of low-income residents, executive level entrepreneurs in the neighborhood and governing members of neighborhood groups. The City currently has one qualified CBDO – Nueva Vista Community Resources (Nueva Vista).

A NRSA is created under HUD’s CDBG Program to encourage coordination of resources and facilitate jurisdiction’s ability to engage in comprehensive community revitalization strategies for designated low-income areas. The proposed 2023 NRSA includes the lower downtown (below Lincoln/Soquel Streets), beach areas (Beach Flats and Beach Hill), and most of the lower Ocean Street neighborhood. These areas involve the lowest income areas in the City (36% of households are below poverty level vs 18% city-wide) and the City’s highest concentration of Latinx (44% vs 21% of residents city-wide). Based on direction from HUD, staff is preparing a two year “gap” plan to transition to a full five-year plan in 2025. The goal is to synchronize the NRSA Plan with the next HUD CP which will be approved by the City in 2025. The City’s previous five-year NRSA Plans were approved in 2007, 2012, and 2017. The proposed 2023 NRSA which will be part of the 2020-2025 CP will include strategies for community services, targeted affordable housing programs, infrastructure improvements, and climate action. It is important to note that the existence of a NRSA in an entitlement jurisdiction does not provide more CDBG funding to that jurisdiction.

HOME PROGRAM OVERVIEW
HOME program funds are exclusively used to help provide housing for low-income households.

Funding assistance can be provided to: (1) help develop or rehabilitate income restricted housing units or (2) support programs that provide financial assistance directly to low-income renters or home buyers enabling them to access or retain housing. To oversee programs and projects using HOME program funding, HUD sets the administration levels at 10% of the combined grant allocation plus program income (PI).

Additionally, the City must set aside 15% of each grant to be used only by Community Housing Development Organizations (CHDOs). The City currently has two qualified CHDOs – Habitat for Humanity Santa Cruz County and Mid-Peninsula the Farm, Inc. Eden Housing, a non-profit affordable housing developer with CHDO status in the County of Santa Cruz, has submitted an application to qualify for CHDO status in the City of Santa Cruz and is currently in review with City staff. Eden Housing will be working with the HOME funding applicant, For the Future Housing, on the Metro Pacific Station North affordable housing project.

DISCUSSION: CDBG PROGRAM BUDGET RECOMMENDATIONS
For the 2023-2024 PY, the City will receive approximately $568,725 in CDBG funds from HUD. Combined with PI estimated at $50,000 and unspent funds from a prior year recipient of approximately $100,000, the total CDBG budget is expected to be $718,725, with $123,745 of this budgeted for program administration costs. This section outlines City Council recommendations for funding from the March 14, 2023 Public Hearing.

The City is required to maintain prior rehabilitation programs’ debt servicing with recommended funding of $5,000. The Housing Authority of the County of Santa Cruz (Housing Authority)

27.3 administers the HOME Security Deposit Program for City residents and incurs certain delivery costs while administering the program. The recommendation is that the delivery costs be funded at $6,900. At the March 14, 2023 Council meeting, City Council recommended funding CDBG Public Services at the following levels: the Teen Center ($45,000), Second Harvest Food Bank ($35,000), and Nueva Vista ($125,000). If there is an increase in CDBG funding available for public services greater than the estimate, staff recommends increasing the funding equally between all public service programs subject to the 15% limit on public service.

The recommendations above would fund Public Services within the 15% cap set by HUD (currently estimated to be $80,000). The $125,000 awarded to Nueva Vista for Public Services can be excluded from this category due to their current status as a CBDO, which is why the City can fund this category for a total of $205,000.

Additionally, two Capital Improvement Program (CIP) project applications were recommended for funding. Monarch Services applied for $55,648 to renovate the Mariposa House which provides shelter to women and children who are survivors of domestic violence, sexual assault, and human trafficking. The funding will facilitate much needed improvements to the health, safety and sustainability aspects of the project. Improvements will include the installation of an HVAC system, touchless hygiene and lighting systems, low-flow plumbing fixtures and additional technologies and systems to reduce water and energy consumption. The Parks and Recreation Department applied for $320,000 in funding to renovate the Civic Auditorium and construct American with Disabilities Act (ADA) improvements. This construction will improve safety features to the seating area in compliance with California Building Code requirements in addition to other improvements. In addition to providing public event and classroom space, this space serves as an emergency shelter site, most recently used during the Presidentially Declared Disaster including the severe winter storms, flooding, landslides, and mudslides. At the previous Public Hearing on March 24, 2023, City Council recommended that the Mariposa House project receive $55,648 and the Civic Auditorium project receive $322,432.

HOME PROGRAM BUDGET RECOMMENDATIONS
HOME program funding recommendations are divided into three categories: Program Administration (calculated by formula), ongoing City Programs, and HOME affordable housing projects which can receive residual receipts development loans. There is $499,440 available for allocation under the new 2023-2024 HOME grant, and an additional estimated $100,000 of PI.

There is also prior year funding of $516,900, bringing the total amount available to $1,116,340.

Similarly to the CDBG program, administration funding is set by HUD formula to 10% of the HUD grant plus estimated PI. This administration funding covers the City’s costs of administering the HOME program. As mentioned in the background section, HUD also restricts 15% of the grant to be used by CHDOs, which totals $74,916 for this PY.

There is one City Program application, the HOME Security Deposit Program, which has been in existence since 1997 and has been funded by multiple sources over the years in partnership with the Housing Authority of the County of Santa Cruz. During this current PY, 16 families have been assisted so far. The Housing Authority anticipates a 42% increase in the total number of families that will need assistance by the end of this PY and expects to help 27 families total this PY. The Housing Authority also anticipates this trend to continue in the 2023 PY. Funding is recommended at $80,000.

27.4 The City received one HOME project application for 2023-2024 HOME funding, the Pacific Station North project. The application was submitted by For the Future Housing and Eden Housing. When HOME funds are used for low interest loans, this helps ensure that the value will stay in the community and helps in the aim to leverage the dollars further (when the housing project has a cash flow in excess of what is needed for its annual operations, then the loans can begin to be repaid and can re-fund the HOME pot for future affordable housing). Funding is recommended at $976,396.

NRSA AND CITIZEN PARTICIPATION PLAN UPDATES
The 2023 NRSA has been prepared and is ready for submittal to HUD to enable synchronization with approvals of the City’s CP. This will satisfy the request staff received from HUD to bring the two 5-year documents into an aligned timeline. The draft NRSA Plan has been available for public review beginning April 10, 2023 at the City’s Economic Development Offices located at 337 Locust Street and on the City’s website below. To date, no comments have been received on the draft 2023 NRSA Plan.
https://www.cityofsantacruz.com/government/city-departments/economic-development/housingassistance-information/hud-programs/hud-consolidated-plan-documents The Citizen Participation Plan (CPP) has been updated to reflect a change in the City Council’s Committees. As confirmed at the CPC meeting on February 16, 2023, the CPC is merging with the Health in All Policies Committee (HiAP), therefore requiring updates to the CPP. This update to the CPP will ensure clarity of the City’s schedule for review and adoption of CPs, AAPs and Consolidated Annual Performance and Evaluation Reports (CAPERs). As the HiAP Committee does not regularly meet in February, the CPP schedule for review and adoption will be adjusted as follows: Notice of Funds Available (NOFA) inviting applications for CDBG and HOME funding will be released in October annually with applications due in December. In January, the HiAP Committee will review program and project applications and provide direction to staff on funding recommendations to bring to the full City Council at their first public hearing in March. These schedule changes, along with other CPP revisions are attached to this staff report for review. HUD does not require that the City’s CPP be submitted to them, however, the City is required to abide by the terms and processes outlined in the CPP. The final version of the updated CPP will be posted publicly on the City’s website.

Health in All Policies (HiAP) - Funding for Public Service activities are consistent with the HiAP framework, especially the pillars of equity, and sustainability. The external CDBG Public Service programs help in the goal to invest in downtown and other local businesses.

Additionally, because the NRSA allows the City to fund public services at levels above the 15% cap, the City can provide additional funding to Nueva Vista, bringing additional funding to the City’s lowest income neighborhoods. The HOME program and project recommendations are also consistent with the HiAP framework, directly fulfilling the “Stable, Affordable Housing & Shelter” Collective of Results and Evidence-based (CORE) condition. Equity will be positively impacted with the creation of more affordable housing units for all members of the community as well as access to the HOME Security Deposit Program that helps individuals and households attain and retain housing.

FISCAL IMPACT: The recommended actions have no fiscal impact on the General Fund.

Under the proposed draft budget, approximately $718,725 in CDBG ($568,725 new HUD grant,

27.5 $50,000 PI, $100,000 reprogrammable funds) and $1,116,340 in HOME Program ($499,440 new HUD grant, $100,000 PI, $516,900 reprogrammable funds) will be allocated under the AAP. The program and project costs will be funded by HUD.

Prepared By:

Jessica Mellor
Principal Management
Analyst
Jessica de Wit
Housing and Community
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION – 2023-2024 HUD ANNUAL ACTION PLAN.DOCX

2. HUD 2023-2024 ACTION PLAN BUDGET.PDF

3. REDLINE CITIZEN PARTICIPATION PLAN.PDF

4. CLEAN CITIZEN PARTICIPATION PLAN.DOCX

27.6 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING THE CITY’S 2023-2024 HUD ANNUAL ACTION PLAN, ALLOCATING CDBG AND HOME FUNDING, AMENDING THE 2019-2020 HUD ANNUAL ACTION PLAN, AMENDING THE 2020-2025 CONSOLIDATED PLAN, AMENDING THE CITIZEN

PARTICIPATION PLAN, AUTHORIZING THE CITY MANAGER TO SIGN AN

APPLICATION FOR FEDERAL FUNDING AND EXECUTE ALL CONTRACTS AND DOCUMENTS FOR THE 2023-2024 PROGRAM YEAR AND SUBMIT DOCUMENTS TO HUD
WHEREAS, the City of Santa Cruz is a designated U.S. Department of Housing and Urban Development (HUD) entitlement grantee that annually receives federal Community Development Block Grant (CDBG), Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) grant funds from HUD; and
WHEREAS, HUD requires that any jurisdiction receiving federal CDBG and HOME grant funds from HUD prepare an Annual Action Plan (AAP) to allocate grant funds; and WHEREAS, HUD requires that any jurisdiction receiving federal CDBG and HOME grant funds from HUD prepare an AAP to identify the activities that will be undertaken in the coming 2023-2024 Program Year (PY) and requires noticing of and a public comment period for amendments to prior AAPs, Consolidated Plans and Citizen Participation Plan in accordance with the City’s Citizen Participation Plan; and
WHEREAS, the City Council, in accordance with its approved Citizen Participation Plan, held public hearings on March 14, 2023 and April 25, 2023, for the purpose of soliciting input from the public on the proposed 2023-2024 AAP, amendments to the 2019-2020 AAP, 2020-2025 Consolidated Plan (CP) which includes the 2023 Neighborhood Revitalization Strategy Area (NRSA) Plan and Citizen Participation Plan under the City’s Housing and Community Development Program; and
WHEREAS, the City Council directed the preparation of an AAP, amendments to the 2019-2020 AAP, 2020-2025 CP including the 2023 NRSA and Citizen Participation Plan, and an application to HUD for funding for the 2023-2024 PY, following consideration of comments and recommendations following two publicly noticed 30 day public review periods for the 2023-2024 AAP and a 15 day public review period for the 2019-2020 AAP amendment, 2020-2025 CP amendment, and the Citizen Participation Plan; and
WHEREAS, the City Council certifies that it has fulfilled the requirements for, decisionmaking, and action pertaining to development of the federal funding application for 2019-2020 and 2023-2024 PYs; and
WHEREAS, the City Council of the City of Santa Cruz adopted a program of activities to be funded under the federal 2020-2025 CP for the 2023-2024 PY as the 2023-2024 HUD AAP; and

27.7 WHEREAS, allocations have been made to various non-profit and public subrecipient organizations, to provide funding for public services, facilities, housing and other projects; and WHEREAS, the approved sub-grantee organizations are profit, nonprofit or public agencies created and operated for the purpose of providing public services, facilities, housing and other projects.

WHEREAS, in accordance with its approved Citizen Participation Plan, the Action Plan must be amended whenever a decision is made to propose a substantial change in the Plan; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Santa Cruz does hereby:

1. Adopt a resolution for the City’s 2023-2024 HUD Annual Action Plan (AAP) and amendments to the 2019-2020 AAP, 2020-2025 Consolidated Plan, and Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2023-2024 AAP and amended 2019-2020 AAP and 2020-2025 Consolidated Plan (CP) which includes the 2023 Neighborhood Revitalization Strategy Area (NRSA) Plan to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2023-2024 program year.

2. Authorize appropriating funds for the FY 2024 budget.

3. Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2023-2024 Annual Action Plan and any subsequent revisions to the 2023-2024 Annual Action Plan.

PASSED AND ADOPTED this 25th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

27.8 $568,725 2023-2024 CDBG Entitlement Grant (Actual 2/27/2023) $50,000 Estimated 2023-2024 Program Income (PI)
$100,000 Prior Years' CDBG Funds Available for Reprogramming $718,725 Total CDBG Program Budget
$123,745 City Program Administration Funding for CDBG (by formula) $594,980 CDBG Funding Available for Allocation
$499,440 2023-2024 HOME Program Entitlement Grant (Actual 2/27/2023) $100,000 Estimated 2023-2024 Year Program Income (PI)
$516,900 Prior Years' HOME Funds Available for Reprogramming * $1,116,340 Total HOME 2023-2024 Grant
$59,944 City Program Administration Funding for HOME (by formula) $1,056,396 HOME Program Funding Available for Allocation NOTE *Additional funds were received after March 14, 2023 1st Public Hearing and have been included here.

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
2023-2024 PROGRAM YEAR (PY) BUDGET

HOUSING & COMMUNITY DEVELOPMENT (HCD) PROGRAM

27.9 ADMINISTRATION (FORMULA: 20% of total Entitlement and Program Income) Activity: Grant Administration $123,745
Applicant: City of Santa Cruz (By Formula)
TOTAL ADMINISTRATION FUNDING AVAILABLE $123,745
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Rehabilitation Program Delivery Costs $5,000 $5,000 $5,000 Applicant: City of Santa Cruz
Activity: HOME Security Deposit Program Delivery Costs $6,900 Other funds $6,900 Applicant: Housing Authority of Santa Cruz County
TOTAL ONGOING CITY PROGRAMS $11,900
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Teen Center $35,000 $35,000 $45,000
Applicant: City of Santa Cruz
Activity: Food Banks $25,000 $25,000 $35,000
Applicant: Second Harvest Food Banks
TOTAL PUBLIC SERVICES SUBJECT TO 15% CAP $80,000
Activity: Nueva Vista & Beach Flats Community Centers (CBDO) $125,000 $100,000 $125,000 Applicant: Nueva Vista Resources
TOTAL PUBLIC SERVICE FUNDING (INCLUDING CBDO) $205,000
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Mariposa House $55,648 $0 $55,648
Applicant: Monarch Services
Activity: Civic Auditorium ADA Improvements $320,000 $0 $322,432 Applicant: City of Santa Cruz
TOTAL PROJECTS FUNDING $378,080
GRAND TOTAL CDBG FUNDING $718,725
$123,745
2023-24 PY CDBG BUDGET

CDBG PROGRAM BUDGET
2023-2024 PROGRAM YEAR

CITY PROGRAMS
PUBLIC SERVICES (Subject to 15% CAP)

CAPITAL IMPROVEMENT PROJECTS

27.10 ADMINISTRATION (Formula: 10% of total Entitlement and Program Income) Activity: Grant Administration & Planning $59,944
Applicant: City of Santa Cruz Economic Development
TOTAL ADMINISTRATION $59,944
CITY PROGRAMS Requested
Funding
Recommended
Funding

TOTAL NEW HOME FUNDING
Activity: HOME Security Deposit Program $80,000 $80,000 Applicant: Housing Authority of Santa Cruz County
PROJECTS & PROGRAMS Requested
Funding
Recommended
Funding
Activity: Pacific Station North Affordable Housing Project $625,000 $976,396 Applicant: For the Future Housing and Eden Housing
$1,056,396
TOTAL HOME FUNDING BUDGETED AMOUNT $1,116,340
2023-24 PY HOME BUDGET

HOME PROGRAM BUDGET
2022-2023 PROGRAM YEAR

TOTAL NEW HOME FUNDING

TOTAL PROJECT/PROGRAM FUNDING

27.11 City of Santa Cruz
Citizen Participation Plan

SECTION PAGE
A. Introduction 1
Definitions 1
B. Citizen Involvement 2

1. Citizen Participation Plan (CPP) 2

2. Consolidated Plan (Five-Year Strategy and Annual Action Plan) 4

3. Consolidated Annual Performance and Evaluation Report (CAPER) 8 C. Public Notification of Public Hearings 8
D. Access to Records 8
E. Technical Assistance 9
F. Comments and Complaints 9

1. Comments 9

2. Complaints 10
G. Bilingual Opportunities 10
H. Appeals 10
I. Anti-displacement/Relocation 11

27.12 1
City of Santa Cruz
Citizen Participation Plan
A. INTRODUCTION
The City of Santa Cruz (City) receives annual funding from the federal Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and the Home Investment Partnership (HOME) Programs. For these programs, the City’s Five-Year Consolidated Plan and companion annual Action Plan provides direction for housing and community development activities to be carried out in the City.

The City strives to encourage and facilitate the participation of the residents of the City in establishing priorities, developing strategies, and funding allocations under the Consolidated Plan and annual Action Plan, substantial amendments of these Plans, and performance reviews for CDBG and HOME programs. The Citizen Participation Plan provides the framework and outlines the requirements to accomplish this, providing opportunities for the community to work in partnership with the City to identify community needs and to allocate CDBG and HOME funds.

Definitions
Community Development Block Grant (CDBG): A grant program administered by HUD which allocates money to cities and counties for housing rehabilitation, affordable housing assistance, community services, and community development activities.

HOME Investment Partnership Program (HOME): A grant program administered by HUD which allocates money to cities and counties for affordable housing development, including housing development and rehabilitation, and homebuyer assistance.

Consolidated Plan: The Consolidated Plan is a three- to five-year planning document for the CDBG and HOME programs. The Plan must contain a housing and community development needs assessment, a three- to five-year strategic plan to address the needs identified, a one-year action plan to identify specify activities and planned use of CDBG and HOME funds.

Annual Action Plan: This document updates the Consolidated Plan on an annual basis and allocates one year’s funding (entitlement and program income) to specific projects and activities for the CDBG and HOME programs. The Action Plan is due at HUD 45 days before the beginning of a program year. The City of Santa Cruz CDBG and HOME programs begin annually on July 1, making the Plan due at HUD no later than May 15 of each year.

Consolidated Annual Performance Evaluation Report (CAPER): CAPER is an annual report summarizing the City’s progress in implementing Consolidated Plan.

27.13 2
CAPER is due at HUD 90 days after the close of a program year. For the City of Santa Cruz, each program year ends on June 30, making the CAPER due at HUD no later than September 30 of each year.

B. Citizen Involvement

1. Citizen Participation Plan
The City of Santa Cruz recognizes that CDBG and HOME funds are tax money returned to the City to be used primarily to benefit extremely low-, low-, and moderate-income persons.

City staff and officials are stewards of these public monies and will openly discuss all records, except those confidential records protecting a household's privacy. This Citizen Participation Plan is done in accordance with federal regulations under 24 CFR Parts 91, et al.

The Citizen Participation Plan seeks to involve the participation of citizens of the City of Santa Cruz and social service agencies in the development and adoption of the Consolidated Plan, the Action Plan, any substantial amendments, and the Consolidated Annual Performance Evaluation Report (CAPER). Efforts will be made to focus on the involvement of low- and moderate-income persons, those persons living in slum and blighted areas, persons living in low- and moderate-income areas and persons living in areas where CDBG and HOME funds are proposed to be used. The Citizen Participation Plan consists of a number of elements designed to foster community involvement as specified in each section of the Plan.

Pursuant to HUD regulations, City will conduct a minimum of two hearings annually at different stages in the CDBG/HOME program year (July 1 through June 30). All public hearings and meetings will be conducted at City Hall at 809 Center Street in the City Council chambers. This facility is equipped to accommodate persons with physical disabilities. For non-English speakers, Spanish translation will be available at all public hearings if requested three (3) days prior to the hearing date. Other requests for reasonable accommodation (such as sign language) must be made three (3) days prior to the hearing date and the City will provide appropriate assistance to the extent feasible.

The schedule for review and adoption of the Consolidated Plan, annual Action Plan and CAPER is a follows:
 November October – November – A notice of funds available (NOFA) is advertised inviting applications for CDBG or HOME funding. Applications are due the following Januaryin December.
 February January – February – City Council Community Programs Committee (CPC)Health in All Policies Committee (HiAPC), consisting of three City Council members, reviews programs and projects currently proposed for funding and a draft budget for CDBG or HOME funding. Social service providers and HOME/CDBG applicants receive written notice and a meeting notice is posted for the general public.

The CPC HiAPC makes recommendations to the full City Council.

27.14 3
 March – City Council public hearing to review proposals and applications for funding and the draft budget recommended by the CPCHiAPC. The Council then directs staff to prepare a draft Consolidated and/or Annual Action Plan and when completed and the public is notified, the 30-day public review period begins.  April –- Public Hearing and Adoption of the Consolidated and/or Annual Action Plan by the City Council.
 May 15 – Submittal of the Consolidated and/or annual Action Plan to HUD, unless deadline is extended by HUD..
 September – Completion of the draft CAPER, a 15-day public review period, and submittal to HUD prior to September 30.

Adoption & Amendment of the Citizen Participation Plan
Prior to the adoption of the Citizen Participation Plan, the City will provide a notice of the availability of a draft Citizen Participation Plan, a 15-day public review period, and a public hearing on the Citizen Participation Plan, which will be noticed in the Santa Cruz Sentinel newspaper. The proposed Citizen Participation Plan will be available for public review at the following locations:
 Santa Cruz City Hall (Economic Development Office at 337 Locust Street)  Santa Cruz City website
Upon request, the Plan will be made accessible to any person with disabilities. The City will provide a reasonable number of free copies of the Citizen Participation Plan to citizens and groups that request copies. Comments or views of citizens received in writing during the public review period or orally at the public hearing will be solicited by the Santa Cruz City Council. The Draft Plan will be adopted upon a majority vote of the Santa Cruz City Council at a designated and publicly noticed City Council meeting. After adoption of the Plan, a final Plan will be prepared, which will include, a summary of public comments and a summary of any comments not accepted with reasons therefore.

The City may amend its approved Citizen Participation Plan when a change in the public participation process, as outlined in this plan, is proposed. An amendment to the approved Citizen Participation Plan may be reviewed and approved by the CPC HiAPC or the City Council. Notice of any amendment to the Citizen Participation Plan will be published in Santa Cruz Sentinel no less than 10 days prior to the review and adoption by the CPC HiAPC or City Council to allow the public the opportunity to review and comment on the amendment. Appeals concerning the amendment should follow the appeal procedures outlined in Section G of this document.

27.15 4

2. Consolidated Plan (Five-Year Strategy and Annual Action Plan)
In developing the Consolidated and Annual Action Plans, the City of Santa Cruz is guided by the overall goal to assist extremely low, very low, and low-income households in the areas of :

1. Decent housing;

2. Expanded economic opportunities; and

3. A suitable living environment.

Inherent in this goal is ongoing citizen participation. The City of Santa Cruz believes it is essential to have widespread, meaningful participation throughout the planning process to ensure genuine community "ownership" of the Plan.

The Consolidated Plan consists of three parts: (1) the needs assessment, (2) housing and community development strategic plan, and (3) an action plan. Commonly known as the Consolidated Plan, the needs assessment and housing and community development strategic plan are updated every five years. The Action Plan is updated annually, reflecting annual CBDG and HOME funding allocations. The annual Action Plan includes the following elements:
 Dollar amounts proposed for each activity.
 A description and location of each activity.
 The entity responsible for implementation of each activity.  Time frame for each activity.

In all cases, the Consolidated and Action Plans seek to minimize the displacement of residents from their homes or places of business.

Three groups are involved in the process of Consolidated and Annual Action Plan development including:
 Citizens and Citizen Groups.
 Housing and Community Development (HCD) Staff.
 CPC HiAP and the City of Santa Cruz City Council.

Citizens and Citizen Groups - Citizens and citizens groups, including non-profit organizations, have two roles to play. Frequently they serve as the originators of programs and projects that eventually may be funded with CDBG or HOME funds. And in that role they work with City staff and other funding organizations to develop proposals. The second role is providing citizen input on the Consolidated and annual Action Plans, and the CAPER.

The former is done through the application process and the latter through procedures outlined in the Citizen Participation Plan.

HCD Staff– Housing and Community Development Division staff are responsible for overseeing HUD-funded programs/projects and act in an advisory manner to the CPC HiAP and the City Council concerning planning, implementing and assessing CDBG and HOME programs/activities. Responsibilities include:
 Collecting citizen input concerning neighborhood/community needs.

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 Preparing a prioritized list of neighborhood/community needs for review by the CPC HiAPC and the City Council.
 Preparing project recommendations for review by the CPC HiAPC and City Council and for the Council’s final approval; and
 Reviewing project/program progress.

CPC HiAPC and the City Council - The City Council, along with the CPCHiAPC, evaluates proposals and staff recommendations, makes recommendations that will be reviewed by the public, holds public hearings and carries out the procedures established in this Citizen Participation Plan. The City Council makes the final determination about the priority of various community needs that will guide the Council when annually allocating CBDG and HOME funds in the Action Plan.

Development of the Consolidated Plan and Annual Action Plan The City of Santa Cruz will implement the following strategies to solicit meaningful community input in preparation of the Consolidated Plan and Action Plan. Specifically, the City will:
 Review past year performance and discuss priority needs for upcoming year(s) with the CPCHiAPC.
 Consult public agencies including other City departments and relevant County agencies.
 Consult private organizations that provide health services, social services for children, elderly, disabled, homeless, persons with AIDS, victims of domestic violence, and persons with alcohol/drug abuses, etc.
 Conduct at least one public meeting during the development of the housing and community development needs assessment.

Citizen participation during the development of the Consolidated Plan and Action Plan will take place at meetings which are open to the public. The citizens of Santa Cruz are invited to take an advisory role in policy formation regarding program implementation by attending public hearings to make their views known. This will be made clear in all public announcements of the meetings or hearings. Additionally, the City will invite and address all written comments on the Plans.

Adoption of the Consolidated Plan and Annual Action Plan The following procedures will ensure that all citizens will have a chance to influence the final Consolidated Plan and Annual Action Plan. Specifically, the City will:
 Publish an ad in the Santa Cruz Sentinel about thirty days in advance of the first public hearing notifying the community that two public hearings will be held for the Consolidated and/or Annual Action Plan.
 Conduct a public hearing to obtain citizen input on housing and non-housing issues or needs, priorities, and the potential uses of HOME and CDBG funds. Following this hearing, the Council will direct staff to prepare a draft Consolidated and/or Annual Action Plan.

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 Publish an ad in the Cruz Sentinel at least thirty days in advance of the second public hearing. The ad shall contain a summary of the Draft Consolidated Plan and/or Action Plan and a list of the locations where copies may be examined, information about the second public hearing, and notification of the 30-day review period.  Provide the Draft Consolidated Plan and/or Action Plan for public review at the following locations:
 Santa Cruz City Hall (City of Santa Cruz Economic Development Office at 337 Locust Street)
 Santa Cruz City website
 Make the Draft Consolidated Plan and/or Action Plan accessible to any person with disabilities upon request. The City will provide a reasonable number of free copies of the Draft Consolidated Plan and Action Plan to citizen groups that request copies.  Notify by mail or electronic mail citizens, neighborhood or citizen groups who have requested notification about the upcoming City Council public hearing and commencement of the 30-day review period.
 Conduct a public hearing to obtain citizen input on the Consolidated and/or annual Action Plan.
 Following a 30-day review period, consider adopting and adopt the Consolidated Plan and/or annual Action Plan by a majority vote of the Santa Cruz City Council.  Finalize Consolidated Plan and/or Action Plan including a summary of public comments and a summary of any comments not accepted and the reasons therefore.  Publish a Notice of Adoption of the Final Statement and Intent to Request for Release of Funds, and Environmental Review findings, if required, in the Santa Cruz Sentinel at least 15 days in advance of submitting the Plan to HUD.

Amendment of the Consolidated Plan
The City may amend the adopted Consolidated Plan and Action Plan. The following outlines the criteria and procedures to be used when amending the Consolidated Plan and Action Plan.

Substantial Amendment Criteria
Consolidated Plan (Five-Year Strategy) - The City will amend its approved Consolidated Plan whenever a decision is made to propose a substantial change in allocation priorities. For the purpose of the Consolidated Plan, a “substantial change” will constitute a cumulative change equal to or in excess of 25% of the City’s CDBG or HOME entitlement for a program year.

Changes in funding priority not amounting to more than 25% of a program year will not be considered a substantial change to the Consolidated Plan; no formal amendment to the Consolidated Plan requiring public review and comment will be warranted. (For example, an amendment to the Consolidated Plan is needed if the five-year Strategy identifies only a low priority need for historic preservation, but during the five-year timeframe the City decides to establish a CDBG-funded historic preservation program that amounts to more than 25% of the City’s annual allocation.)
Annual Action Plan - The City will amend its approved Action Plan whenever one of the following decisions is made:

27.18 7

1. To carry out an activity not previously described in the Action Plan;

2. To cancel an activity previously described in the Action Plan;

3. To increase the amount to be expended on a particular activity from the amount stated in the Action Plan by more than 25%; or

4. To substantially change the purpose, scope, location, or beneficiaries of an activity.

Changes in funding for an existing activity (project) not amounting to more than 25% will not be considered a substantial change to the Action Plan; no formal amendment to the Action Plan requiring public review and comment will be warranted.

Amendment Process
The following procedures will ensure that all citizens will have a chance to comment on the proposed amendment to the Consolidated Plan and Action Plan.  Publish a notice of a 15-day public comment period on the proposed amendment to the adopted Consolidated Plan and/or annual Action Plan. The notice will be published in the Santa Cruz Sentinel and include a summary of the amendment and where copies of the proposed amendment may be examined. The proposed amendment will be available for public review the Santa Cruz Economic Development Office at 337 Locust Street.  Upon request, the amendment will be made accessible to persons with disabilities whenever feasible.
 At the end of the 15-day review period, the City Council will consider adoption of the amendment upon a majority vote of the Santa Cruz City Council.  A copy of the approved amendment will be sent to the San Francisco HUD office.

Interim Assistance Activities
Under the CDBG Program, Interim Assistance Activities are those immediate activities typically involving a quick repair or temporary alleviation of an emergency by performing work that would otherwise be considered ineligible, or is a minor repair that for accessibility reasons needs to be accomplished as quickly as possible. There are three types of interim assistance activities.

1. Immediate Interim repairs – These activities are to prevent further deterioration of public improvements and facilities. Permanent improvements must be made as soon as practicable.

2. Alleviating Emergency Conditions which threaten public health and safety – These activities require a determination by a City Official that an emergency condition exists and requires immediate resolution.

3. Minor repairs to provide handicap accessibility to a facility – These activities are limited to making improvements under $25,000 that will provide immediate accessibility to a community facility that serves the low and moderate income community and are not accessible without this assistance.

Due to their emergent nature, interim assistance activities are exempt from the citizen participation, public hearing and legal noticing processes. The City Council is required to

27.19 8
document the emergency nature of the activities at the time it is asked to approve the activity for funding. However, these projects are not exempt from Davis-Bacon wage rates. All interim assistance activities must still meet at least one of the national objectives of the CDBG Program to be eligible.

In an Emergency
In the event of an emergency or disaster, to address the unforeseen needs of the community, the City of Santa Cruz may determine the need to make a substantial amendment to the Consolidated Plan (CP) and Annual Action Plan (AAP) or to update not yet submitted CPs and AAPs. When a disaster is declared the following changes to the Citizen Participation Plan (CPP) will take effect.

Review Periods
In the event of an emergency or disaster that presents a serious and immediate threat to the health and welfare of the citizens of the City, the noticing requirements for public hearings and public comment periods shall be reduced to five (5) calendar days.

Public Comments
In lieu of physical meetings, public comments can be submitted online through the City’s website (www.cityofsantacruz.com) or via email. During Public Hearings and Council Meetings, the City has a strong online presence equipped to receive, and publish public comments, questions, and when applicable is equipped to receive live comments via conferencing tools and social media platforms.

3. Consolidated Annual Performance and Evaluation Report The Consolidated Annual Performance and Evaluation Report (CAPER) details the accomplishments of the Consolidated Plan and the Action Plan. The following procedures will ensure that all citizens will have a chance to comment on the CAPER.  A notice of the 15-day public comment period on the draft CAPER will be published in the Santa Cruz Sentinel. The notice will include a list of locations at which the draft CAPER can be reviewed.
 The draft CAPER will be available for public review at the following locations:
 Santa Cruz City Hall (City of Santa Cruz Economic Development Office at 337 Locust Street)
 Santa Cruz City website
 Upon request, the amendment will be made accessible to any person with disabilities when feasible.

C. Public Notification of Public Hearings

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Staff will ensure adequate advance notice of all public hearings. Adequate noticing will include:
 Printing notices in the Santa Cruz Sentinel at least ten days prior to the public hearings.  Posting notices at City Hall.
 Posting notices online on the City’s website (www.cityofsantacruz.com) or social media platforms.

D. Access to Records
The City will provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan documents and the use of assistance during the preceding five years.

During the City Hall operating hours, all information regarding the HUD programs will be made available upon request, including a year-by-year breakdown of the program expenditures, the most recent monthly report of the program activities, prior years application, letters of approval from HUD, grant agreements, this Citizen Participation Plan, reports required by HUD, and the current proposed application.

During the period of planning for the next program year, information to be made available to the public will include such items as the amount of funds available to Santa Cruz, the range of activities that may be undertaken with these funds, the kind of activities previously funded in Santa Cruz, the processes involved in drawing up and approving Santa Cruz's application, the role of Santa Cruz's citizens in the CDBG and HOME programs and any other information necessary for Santa Cruz's citizens to participate in the process fully.

Requests for information and records must be made to the City of Santa Cruz in writing.

Staff will respond to such requests within 15 working days or as soon as possible thereafter.

E. Technical Assistance
Upon request, staff will provide technical assistance to groups representing extremely-low, low- and moderate-income persons to develop funding requests for CDBG and HOME eligible activities. Technical assistance will be provided as follows:
 Answer, in writing or verbally, all inquiries received from citizens or representative groups relating to funding requests.
 Meet with groups or individuals as appropriate, to assist in identifying specific needs and to assist in preparing request/application for assistance.  Provide bi-lingual translation on an as needed basis.

F. Comments and Complaints

27.21 10

1. Comments
Citizens as well as agencies providing services to the community are encouraged to state or submit their comments in the development of the Consolidated Plan documents and any amendments to these documents. Written and verbal comments received at public hearings or during the comment period, will be considered and summarized, and included as an attachment to the final Consolidated Plan documents. Written comments should be addressed to:

City of Santa Cruz
Housing & Community Development Manager
337 Locust Street
Santa Cruz, CA 95060
Telephone Number (831) 420-5150
A written response will be made to all written comments within ten working days, acknowledging the letter and identifying a plan of action, if necessary. Every effort will be made to send a complete response within 15 working days to those who submit written comments.

2. Complaints
Citizen with complaints concerning the Consolidated Plan, the annual Action Plan, substantial amendments and the CAPER should contact City HCD staff by phone or in writing within 30 days from the date the document is published for comment. Complaints concerning any CDBG-funded or HOME-funded program in which the person believes access has been limited or denied, must be made within 30 days from the date of the occurrence. Staff will review each complaint based on the information provided within the complaint and provide a complete written responses to citizen complaints within 15 working days from the date of their complaint when practicable.

The City will accept written complaints provided they specify the following:
(1) The description of the objection, and supporting facts and data (2) Name, address, and telephone number of complainant and a date of complaint Complaints shall be sent to:

City of Santa Cruz
Housing & Community Development Manager
337 Locust Street
Santa Cruz, CA 95060
A record will be maintained of all complaints received that will include the nature of the complaint, City investigation of facts and evidences, referrals made, and the final disposition.

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Citizens may contact HUD directly if they wish to object to any part of the Consolidated Plan, annual Action Plan or CAPER, or if they feel that they have been aggrieved by any program, activity or procedure funded through the CDBG or HOME funds. Such objections should be made to:

Director
Office of Community Planning and Development
U.S. Dept. of Housing and Urban Development
One Sansome Street, Suite 1200
San Francisco, CA 94104-4430
G. Bilingual Opportunities
Translation services will be provided upon advance request to the extent feasible.

Translation services at public hearings and meetings will be provided in Spanish if translation services are requested at least 3 days prior to the meeting date.

H. Appeals
Appeals concerning the Consolidated Plan documents or decisions, statements, recommendations of the staff, or disposition of complaints should be made first to the City of Santa Cruz Economic Development Director, then to the City Manager, the City Council, and finally to the San Francisco Area Office of HUD if concerns are not answered.

I. Anti-displacement/Relocation
In the event that any residential displacement and relocation must take place in order to carry out a program activity, the City of Santa Cruz ensures that it will develop an Antidisplacement and Relocation Plan in connection with that project as applicable per Federal regulations.

In the event that any acquisition and relocation must take place in order to carry out a program activity, the City of Santa Cruz will also comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070, as amended and implementing regulations of 49 CFR Part 24.

27.23 City of Santa Cruz
Citizen Participation Plan

SECTION PAGE
A. Introduction 1
Definitions 1
B. Citizen Involvement 2

1. Citizen Participation Plan (CPP) 2

2. Consolidated Plan (Five-Year Strategy and Annual Action Plan) 4

3. Consolidated Annual Performance and Evaluation Report (CAPER) 8 C. Public Notification of Public Hearings 8
D. Access to Records 8
E. Technical Assistance 9
F. Comments and Complaints 9

1. Comments 9

2. Complaints 10
G. Bilingual Opportunities 10
H. Appeals 10
I. Anti-displacement/Relocation 11

27.24 1
City of Santa Cruz
Citizen Participation Plan
A. INTRODUCTION
The City of Santa Cruz (City) receives annual funding from the federal Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and the Home Investment Partnership (HOME) Programs. For these programs, the City’s Five-Year Consolidated Plan and companion annual Action Plan provides direction for housing and community development activities to be carried out in the City.

Consolidated Annual Performance Evaluation Report (CAPER): CAPER is an annual report summarizing the City’s progress in implementing Consolidated Plan.

27.25 2
CAPER is due at HUD 90 days after the close of a program year. For the City of Santa Cruz, each program year ends on June 30, making the CAPER due at HUD no later than September 30 of each year.

B. Citizen Involvement

The schedule for review and adoption of the Consolidated Plan, annual Action Plan and CAPER is a follows:
 October – November – A notice of funds available (NOFA) is advertised inviting applications for CDBG or HOME funding. Applications are due in December.  January – February – City Council Health in All Policies Committee (HiAPC), consisting of three City Council members, reviews programs and projects currently proposed for funding and a draft budget for CDBG or HOME funding. Social service providers and HOME/CDBG applicants receive written notice and a meeting notice is posted for the general public. The HiAPC makes recommendations to the full City Council.

27.26 3
 March – City Council public hearing to review proposals and applications for funding and the draft budget recommended by the HiAPC. The Council then directs staff to prepare a draft Consolidated and/or Annual Action Plan and when completed and the public is notified, the 30-day public review period begins.  April – Public Hearing and Adoption of the Consolidated and/or Annual Action Plan by the City Council.
 May 15 – Submittal of the Consolidated and/or annual Action Plan to HUD, unless deadline is extended by HUD.
 September – Completion of the draft CAPER, a 15-day public review period, and submittal to HUD prior to September 30.

Notice of any amendment to the Citizen Participation Plan will be published in Santa Cruz Sentinel no less than 10 days prior to the review and adoption by the HiAPC or City Council to allow the public the opportunity to review and comment on the amendment. Appeals concerning the amendment should follow the appeal procedures outlined in Section G of this document.

27.27 4

1. Decent housing;

2. Expanded economic opportunities; and

3. A suitable living environment.

In all cases, the Consolidated and Action Plans seek to minimize the displacement of residents from their homes or places of business.

The former is done through the application process and the latter through procedures outlined in the Citizen Participation Plan.

HCD Staff– Housing and Community Development Division staff are responsible for overseeing HUD-funded programs/projects and act in an advisory manner to the HiAP and the City Council concerning planning, implementing and assessing CDBG and HOME programs/activities. Responsibilities include:
 Collecting citizen input concerning neighborhood/community needs.

27.28 5
 Preparing a prioritized list of neighborhood/community needs for review by the HiAPC and the City Council.
 Preparing project recommendations for review by the HiAPC and City Council and for the Council’s final approval; and
 Reviewing project/program progress.

HiAPC and the City Council - The City Council, along with the HiAPC, evaluates proposals and staff recommendations, makes recommendations that will be reviewed by the public, holds public hearings and carries out the procedures established in this Citizen Participation Plan. The City Council makes the final determination about the priority of various community needs that will guide the Council when annually allocating CBDG and HOME funds in the Action Plan.

Development of the Consolidated Plan and Annual Action Plan The City of Santa Cruz will implement the following strategies to solicit meaningful community input in preparation of the Consolidated Plan and Action Plan. Specifically, the City will:
 Review past year performance and discuss priority needs for upcoming year(s) with the HiAPC.
 Consult public agencies including other City departments and relevant County agencies.
 Consult private organizations that provide health services, social services for children, elderly, disabled, homeless, persons with AIDS, victims of domestic violence, and persons with alcohol/drug abuses, etc.
 Conduct at least one public meeting during the development of the housing and community development needs assessment.

27.29 6
 Publish an ad in the Cruz Sentinel at least thirty days in advance of the second public hearing. The ad shall contain a summary of the Draft Consolidated Plan and/or Action Plan and a list of the locations where copies may be examined, information about the second public hearing, and notification of the 30-day review period.  Provide the Draft Consolidated Plan and/or Action Plan for public review at the following locations:
 Santa Cruz City Hall (City of Santa Cruz Economic Development Office at 337 Locust Street)
 Santa Cruz City website
 Make the Draft Consolidated Plan and/or Action Plan accessible to any person with disabilities upon request. The City will provide a reasonable number of free copies of the Draft Consolidated Plan and Action Plan to citizen groups that request copies.  Notify by mail or electronic mail citizens, neighborhood or citizen groups who have requested notification about the upcoming City Council public hearing and commencement of the 30-day review period.
 Conduct a public hearing to obtain citizen input on the Consolidated and/or annual Action Plan.
 Following a 30-day review period, consider adopting and adopt the Consolidated Plan and/or annual Action Plan by a majority vote of the Santa Cruz City Council.  Finalize Consolidated Plan and/or Action Plan including a summary of public comments and a summary of any comments not accepted and the reasons therefore.  Publish a Notice of Adoption of the Final Statement and Intent to Request for Release of Funds, and Environmental Review findings, if required, in the Santa Cruz Sentinel at least 15 days in advance of submitting the Plan to HUD.

27.30 7

1. To carry out an activity not previously described in the Action Plan;

2. To cancel an activity previously described in the Action Plan;

3. To increase the amount to be expended on a particular activity from the amount stated in the Action Plan by more than 25%; or

4. To substantially change the purpose, scope, location, or beneficiaries of an activity.

1. Immediate Interim repairs – These activities are to prevent further deterioration of public improvements and facilities. Permanent improvements must be made as soon as practicable.

Due to their emergent nature, interim assistance activities are exempt from the citizen participation, public hearing and legal noticing processes. The City Council is required to

27.31 8
document the emergency nature of the activities at the time it is asked to approve the activity for funding. However, these projects are not exempt from Davis-Bacon wage rates. All interim assistance activities must still meet at least one of the national objectives of the CDBG Program to be eligible.

C. Public Notification of Public Hearings

27.32 9
Staff will ensure adequate advance notice of all public hearings. Adequate noticing will include:
 Printing notices in the Santa Cruz Sentinel at least ten days prior to the public hearings.  Posting notices at City Hall.
 Posting notices online on the City’s website (www.cityofsantacruz.com) or social media platforms.

Requests for information and records must be made to the City of Santa Cruz in writing.

Staff will respond to such requests within 15 working days or as soon as possible thereafter.

F. Comments and Complaints

27.33 10

27.34 11
Citizens may contact HUD directly if they wish to object to any part of the Consolidated Plan, annual Action Plan or CAPER, or if they feel that they have been aggrieved by any program, activity or procedure funded through the CDBG or HOME funds. Such objections should be made to:

Translation services at public hearings and meetings will be provided in Spanish if translation services are requested at least 3 days prior to the meeting date.

27.35 1
Rosemary Balsley
From: Ellen Primack <[email protected]>
Sent: Thursday, April 20, 2023 4:40 PM
To: Fred Keeley; City Council
Cc: Bonnie Bush
Subject: Consent Agenda #27; Civic Auditorium ADA funding allocation RE: Consent Agenda Item #27
Dear Mayor Keeley and City Council Members,
I am writing on behalf of the Cabrillo Festival board and staff to ask for the Council’s approval at your April 25th meeting for the allocation of ADA funding to the Civic Auditorium.

Cabrillo Festival of Contemporary Music, SC Symphony, SC Ballet Theatre and many other non‐profit and commercial users have made the Santa Cruz Civic Auditorium their performing arts home for decades and we request your support now for funding to help upgrade and improve the auditorium to ensure it is a safe and viable venue for community members, in particular seniors and those with special needs. Please know that the 1940s‐era CIvic Auditorium remains an absolutely essential multi‐use venue for our community. ADA improvements are long overdue and fundamental, and we trust you will dedicate resources now available to allow the Parks & Recreation Department to renovate and upgrade the venue to address issues around accessibility and safety‐related concerns. This facility is in regular use and can better serve increasing numbers of users if the City commits to responsible investment and stewardship, including the allocation of these funds.

The local non‐profit performing arts community is a great contributor to both the economic vitality of downtown Santa Cruz and area businesses, as well as being one of the key sectors defining Santa Cruz as a tourist and cultural destination. A vote to provide these much needed funds will be a demonstrable affirmation of the City Council’s commitment to the strength and vitality of the arts in our community and to the Civic Auditorium as the City’s largest cultural gathering place.

Thank you for your support of item #27 on the April 25th agenda.

Sincerely,
Ellen Primack
Executive Director of the Cabrillo Festival of Contemporary Music and a Santa Cruz City resident
Ellen M. Primack
831.426.6966 x5
[email protected]
Executive Director
Cabrillo Festival of Contemporary Music
147 South River Street, Suite 232
Santa Cruz, CA 95060
http://www.cabrillomusic.org
“The Arts are not for the privileged few, but for the many. Their place is not on the periphery of daily life, but at its center. They should function not merely as another form of entertainment but, rather, should contribute significantly to our well being and happiness.” – John D. Rockefeller 3rd, June 22, 1963, Lincoln Center, New York

27.36 1
Rosemary Balsley
From: Jason Reiter
Sent: Thursday, April 20, 2023 11:00 AM
To: City Council
Cc: Jessica Bond; Dominic Gullo; Vince Zieber; Shannon Toombs; Cameron Snider; Shari Cope; Peter Reiter; Timothy Clouse; Executive Director; Katy Bradley; Emilio Galvan; Gabriel Tapia Subject: ADA improvements at the Civic Auditorium
Mr. Mayor, and Council Members,
As an employee at the Civic Auditorium, it was very disheartening to hear that there were objections to the proposed safety improvements. I was there when a fellow employee fell down the stairs and suffered life-long debilitating injuries. I was there when a member of the public fell down the stairs during the BB King concert and sued the city. Please authorize the HUD grant money for ADA improvements that the public has been requesting for decades. Either make the Civic safe for the public and employees, or shut it down immediately. You can’t have it both ways.

Respectfully,
-Jason
Jason Reiter
Facility Attendant
Santa Cruz Civic Auditorium
831-420-5251
The Civic Auditorium, a cultural cornerstone of Santa Cruz, enriches the quality of life for the community through a diverse schedule of events to engage, educate, and entertain.

27.37 City Council

AGENDA REPORT
DATE: 4/13/23
AGENDA OF: 4/25/2023
DEPARTMENT: Public Works and Planning and Community Development SUBJECT: Second Reading of Ordinance No. 2023-06 Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22:

Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan (PL/PW)
RECOMMENDATION: Motion to:
1) Adopt Ordinance No. 2023-06 amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination; and
2) Adopt a resolution authorizing and directing the City Manager to submit the proposed amendments to Title 24 as Local Coastal Program Implementation Plan amendments to the California Coastal Commission for final certification.

BACKGROUND: This item was introduced for publication at the April 11, 2023 hearing of the Santa Cruz City Council. At that hearing, the Council unanimously passed a motion adding a reference to Section 65863.2 (b) to Section 24.12.220 of the Santa Cruz Municipal Code.

As is required for amendments to the Local Coastal Program or its Implementation Plan, the Council must also adopt a resolution to direct the City Manager to submit the amendments to the Coastal Commission. That resolution is included as an attachment to this report.

DISCUSSION: During the discussion of this item on April 11, staff indicated that the applicability of the exceptions to the legislation eliminating automobile parking minimums within one half-mile of a Major Transit Stop (as defined) would be limited to commercial development within those areas of the City, as all local residential development es excluded from the exception in other parts of the legal text. Upon a more careful reading, staff now realizes that these statements were incorrect: the exception allowed under 65863.2(b)(3) applies only to requiring parking for housing development projects, not to commercial projects or uses, meaning there are no circumstances under which this exception could currently be used in the City of Santa Cruz.

As discussed previously, all residential development in Santa Cruz is ineligible for the exception allowing minimum parking requirements due either project size or based on compliance with the

28.1 City’s inclusionary housing requirements. Keeping the reference to the Government Code in the ordinance text as published does preserve the possibilities of applying any new exceptions should the state law change. The relevant Government Code references are included below in italics, with bold emphasis added.

Government Code Section 65863.2. Excerpt
(a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.
(b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
(1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.
(2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(3) Existing residential or commercial parking within one-half mile of the housing development project.
(c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
(1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
(2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law.

Prepared by:

Sarah Neuse
Senior Planner
Submitted by:

Lee Butler
Director of Planning and
Community Development
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22

2. Resolution

3. Proof of Publication and Affidavit of Posting 2023-07

28.2 ORDINANCE NO. 2023-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 24.12 AND 24.22 OF THE SANTA CRUZ MUNICIPAL CODE AND LOCAL

COASTAL PROGRAM IMPLEMENTATION PLAN RELATING TO PARKING FOR

BICYCLES AND AUTOMOBILES
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.12.220 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.220 EXCEPTIONS.

1. Off-street parking and loading requirements set forth in this part shall not apply to. a. agricultural uses or
b. development within one half-mile of a Major Transit Stop i. This exception shall not apply to any lodging use or where the city is authorized to enforce minimum auto parking requirements pursuant to subdivision (b) of California Government Code section 65863.2.

Section 2. Section 24.12.240 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

Use Spaces Required
Automobile or machinery sales and service garages 1 for each 400 square feet of floor area
Banks without automatic teller machines 1 for each 400 square feet of floor area
Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each
machine
Business and professional offices, excluding medical
and dental offices
1 for each 300 square feet of
floor area
Billiard parlors 1.5 for each table
Community care residential facilities, including, but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential
treatment facilities
1 for every 5 guests, plus 1 for
each employee on the shift with
the maximum number of
personnel
Houses of worship 1 for each 3.5 seats in the
sanctuary

28.3 ORDINANCE NO. 2023-06
2 Dancehalls and assembly halls without fixed seats,
exhibition halls, except church assembly rooms in
conjunction with auditoriums
1 for each 3 persons of design
occupancy load
Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or manager
Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
provided in all assembly rooms
Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
Hospitals 1 for each bed, plus 1 for each
employee on the shift with the
maximum number of personnel
Hotels, motels 1 for each unit intended for
separate occupancy, plus 1 for
the resident owner or manager
Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair
1 for each 500 square feet of
floor area
Medical and dental clinics and offices 1 for each 200 square feet of floor area
Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift with
the maximum number of
personnel
Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square feet
of floor area
Physical therapy 1 space per 200 square feet of
floor area. In addition, 1 space
per 50 square feet of pool
(water) area
Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat,
duplex, triplex, multiple
mobilehomes, community
housing projects, other
multifamily dwelling units

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

28.4 ORDINANCE NO. 2023-06
3 Lodging, rooming houses and
bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the
required off-street parking for multifamily units, not
including required open space, which could be
converted to parking should the retirement center
change to a multifamily residential use
Flexible density unit (FDU) 1 space for each dwelling unit Single-room occupancy
dwelling unit, less than 300
square feet

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

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

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

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

Use Spaces Required
Restaurants and other
establishments selling food and
1 for each 120 square feet of floor area

28.5 ORDINANCE NO. 2023-06
4 beverages on the premises
(including bars and nightclubs
without live entertainment)
Restaurants with counter and/or
take-out service or drive-in
facilities
1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service
Research and development
facilities
1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
Retail stores, shops, service
establishments, including
shopping centers other than
furniture and appliance stores
1 for each 250 square feet of floor area
Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each 10 students Colleges (business, beauty, etc.)
and universities
1 for each employee, plus 1 for each 3 students
Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
Sports arenas, auditoriums,
assembly halls, and meeting
rooms
1 for each 3.5 seats of maximum seating capacity
Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
Tutoring facilities 1 for each 250 square feet of floor area Wholesale establishments,
warehouses, service and
maintenance center,
communications equipment
buildings
1 for each 1,000 square feet of floor area
Recycling collection facilities
• Independent 2 spaces
• In conjunction with other uses
that provide required parking
0 spaces
Unspecified uses of buildings,
structures, or premises
Where the parking requirement for a particular use is
not specifically established in this section, the parking requirements for each use shall be determined by the
zoning administrator, and such determination shall be
based upon the requirements for similar uses. Public
uses not specifically established in this section shall meet the parking requirement as established by the
planning commission. The planning commission shall

28.6 ORDINANCE NO. 2023-06
5 take into account the proposed use and parking
availability in the vicinity of the use.

Uses in Parking District No. 1
(Downtown)
Parking shall be provided in conformance with the
resolution of the city council for this district in effect at the time of submittal of a complete application.

Section 3. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

1. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy.

2. Bike Spaces and Type Required. Bicycle parking facilities’ quantity and type shall be provided in accordance with the following schedule, with fractional quantity requirements for bike parking over one-half to be rounded up. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection 4.

Example Number of Bicycle
Parking Spaces Required
Classification
Class 1 = Long-term
Class 2 = Short-term
Industrial Warehousing,
manufacturing,
1 per 7,500 square feet,
Minimum 2 spaces
80% Class 1
20% Class 2
Office and
Financial
Institutions
General office,
medical, clinic,
research and
development,
banks
1 per 1,500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Retail/Service
or other
Commercial
Grocery store,
hardware store,
personal
services,
handicraft
1 per 1,000 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2
Restaurant/Bar Restaurant, Deli,
coffee shop,
bar/tasting
rooms
1 per 500 square feet,
Minimum 2 spaces
20% Class 1
80% Class 2

28.7 ORDINANCE NO. 2023-06
6 Multifamily
Residential (3
or more units)
Housing
developments
with 3 or more
units
See classification column Class 1 – 1 space per unit -
garages or secure accessible
indoor areas count
Class 2 – 1 space per 4 units,
Minimum 2 spaces
Commercial
recreation
Sports Arenas,
Theaters
See classification column Class 1 – 1 per 10,000
square feet
Class 2 – 1 per 40 seats,
Minimum 10
Civic Uses
(Civic,
Cultural,
Public, and
Religious
Assembly)
Library or
museum, places
of public or
religious
assembly
1 per 1,000 square feet 10% Class 1
90% Class 2
Schools 1 per 5 students 20% Class 1
80% Class 2*
*must be in secure area such
as bike cage or within gated
school grounds, preferably
with weather protection such
as roof
Park-and-ride
lots
1 per 10 auto parking
spaces,
Minimum 2 spaces
100% Class 1
Transit centers See classification column 30 Class 1 spaces 12 Class 2 spaces
Lodging Hotel, motel 1 per 5 rooms/units 10% Class 1
90% Class 2
Commercial
Parking
1 per 10 auto parking
spaces
100% Class 1
Parking
District No 1 –
Residential
Uses
Multifamily
housing
See classification column One (1) Class 1 bicycle
parking space per units
One (1) Class 2 bicycle
parking space per 15 units

28.8 ORDINANCE NO. 2023-06
7 Parking
District No 1 –
NonResidential
Uses
Any nonresidential uses
in District
1 per 1,000 square feet 25% Class 1
75% Class 2.

The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.

Emergency
Shelters
See 24.12.1610 1 per 3 occupants 25% Class 1
75% Class 2.

The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.

3. For projects requiring 20 or more bike parking spaces, a bike fix-it station is required.

A fix-it station shall include at a minimum a bicycle pump; 2.5, 3, 4, 5, 6, and 8mm Allen wrenches; 8, 9, 10-, 11-, 15-, and 32-mm box wrenches; two tire levers; and a Phillips and flat head screwdriver. For projects requiring 20 or more bicycle parking spaces a minimum of 5 percent of required bicycle parking spaces must have a larger footprint of 3 feet by 10 feet, which must be provided in a horizontal, floor level rack.

These spaces will be available for larger bicycles such as e-bikes, cargo bikes, bikes with trailers, and other larger bicycles.

4. Classification of Facilities.
a. “Class 1 bicycle facility” means a locker, individually locked enclosure or supervised area within a building providing protection for each bicycle therein from theft, vandalism and weather. Class 1 facilities are intended for long-term storage.
b. “Class 2 bicycle facility” means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must provide two points of contact to bicycle frames, so that they are easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. The preferred Class 2 bike rack style is an inverted U, which meets code requirements. Racks that support a bike primarily by a wheel, such as standard “wire racks,” are damaging to wheels and thus are not acceptable. Class 2 facilities are intended for short-term storage.

5. Location and Design of Facilities.
a. Bicycle parking shall be located in well-lit locations within 40 feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each. b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components.

28.9 ORDINANCE NO. 2023-06
8 c. Bicycle parking facilities shall be located in highly visible, well-lit areas to minimize theft and vandalism.
d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.
e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture.
f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.
g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.
h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
i. Any bicycle parking provided in double-decker bicycle racks shall have a liftassist mechanism to aid the user in parking their bicycle on the upper rack. j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, 30% of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in 24.12.250.4(b) at ground level.
k. If required Class II bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.

6. Variation to Requirements.
a. Substitution of Car Parking with Bike Parking. New and preexisting developments may reduce up to ten percent of their parking requirement with the provision of unrequired additional bike parking, as long as the spaces are conveniently located within 40 feet of a building entrance. This parking reduction

28.10 ORDINANCE NO. 2023-06
9 must yield at least six bike parking spaces per converted auto space. These bike parking spaces shall be in addition to the bike parking facilities required by Section 24.12.250, and provided in the same ratio of Class 1 and Class 2. The total available parking reduction granted shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete planning application is submitted.
b. Where the provision of bike parking is not feasible, the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards.
c. Downtown Parking District- All nonresidential uses. Businesses and developments within Parking District No 1 are not required to provide Class 2 bicycle parking on site if adequate on-site space is not available, as determined by the Planning Director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the Director of Public Works.

Section 4. Section 24.12.280 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.280 DESIGN REQUIREMENTS.

1. Driveway Design Standards.
a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title.

These areas shall be maintained in conformance with Section 13.30.110. b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces. c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.
d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles. e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:
* Back edge of standard city driveway.

28.11 ORDINANCE NO. 2023-06
10 ** All percentages are measured from the edge of standard city driveway. f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20.

2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer. a. Each standard-size parking space shall be either:
(1) Not less than nineteen feet in length by eight and one-half feet in width; or (2) Included in a mechanical parking lift.
b. Each compact parking space shall be either:
(1) Not less than sixteen feet in length by seven and one-half feet in width; or (2) Included in a mechanical parking lift.
c. Applications including mechanical parking lifts or stacked parking shall demonstrate how individual users can effectively access vehicles. Unless utilizing Section 20.290.2.f, parking lifts and stacked parking are not permitted except:
(1) within enclosed parking garages in any location or
(2) within parking structures included with commercial and mixed-use development in Parking District 1.
(3) In no case shall parking lifts be installed in a surface parking lot or in any other location that is open to the sky including the roof of a parking structure.

3. Access to Spaces or Facilities.
a. Access to parking facilities shall not be less than twenty feet in width; except as follows:
(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes.

28.12 ORDINANCE NO. 2023-06
11 (2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.
(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.
(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:
i. That the width is necessary to preserve the open-space character of the area;
ii. That the width contributes to the compatible use of open-space lands.
(5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use.
b. Backing Out.
(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley. (2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street.
(3) Dimensions. Public and private parking facilities shall provide at least twenty-four feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-five-degree parking is used, and at least eighteen feet when sixty degree parking is used. In unique situations, a Californialicensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles. Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.

4. Tandem Spaces or Parking Lifts in Residential Development.

28.13 ORDINANCE NO. 2023-06
12 a. Parking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.
b. Parking spaces for residential uses may be provided in parking lifts. In multifamily residential uses, each household must have independent access to their vehicles at any time without requiring the involvement of any other household. c. Residential parking arrangements relying on valet service may exceed either of the above thresholds by demonstrating that residents are able to access any of their vehicles at any time.

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

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

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

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

9. Landscaping and Screening.

28.14 ORDINANCE NO. 2023-06
13 a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design.
(1) Every commercial parking facility abutting property either located in RDistricts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use.

Screening devices may not exceed the standards set forth in Section

13.30.110.
(2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging. Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention.
b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments. Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften the effect of the parking area, within the first year.

Section 5. Section 24.12.290 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.290 VARIATIONS TO REQUIREMENTS.

The off-street parking requirements of this part may be satisfied or modified in the following ways:

1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, the downtown commission shall review the project and advise the decision-making body as to whether

28.15 ORDINANCE NO. 2023-06
14 the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity.

2. Variations to Design Requirements. A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design requirements contained in this section if a finding can be made that the purpose of this section is met and the following standards are met, as applicable:
a. Parking must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses.
b. All parking stalls shall be marked.
c. The parking arrangement shall not create safety problems for persons parking in or traversing the parking area.
d. Any valet parking program must operate full-time during established business or operating hours (if applicable).
e. Any off-site parking program, for any amount of the required number of parking spaces either:
i. Is within a quarter-mile radius from the subject site; or ii. Includes a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site. f. Any alternative design involving parking lifts shall demonstrate that the cars and lifts are both obscured from view from neighboring properties and public roadways, and compliant with Municipal Code Section 24.14.260 Noise.

3. Reductions to Number of Required Parking Spaces. Required parking spaces may be reduced up to thirty-five percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit.

This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:
a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of

28.16 ORDINANCE NO. 2023-06
15 operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility.
b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.
v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (b)(2) unless otherwise modified by the zoning administrator.
c. Non-automobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/carpool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation. d. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(5). This reduction strategy, in and of itself, will not require an administrative use permit.
e. Unbundled Parking. Residential development and the residential portion of mixed-use development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site. f. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.

28.17 ORDINANCE NO. 2023-06
16 3. Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, offstreet parking shall be required only for that portion of structures or use constituting the increase in capacity; except that:
a. No additional parking need be provided for nonresidential uses if the increased capacity results in an increase of four or fewer required parking spaces; and b. No additional parking shall be required for residential uses if the increased capacity results in an increase of no more than one required parking space.

4. Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks, and on Lots with Contributing Buildings within an Historic District. The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation in accord with Section 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties. , findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties
Section 6. Section 24.12.1030 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1030 COMMON FACILITIES.

1. SRO projects shall have at least ten square feet of common usable open space per unit however no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space.

Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

2. Common Open Spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).

3. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units.

28.18 ORDINANCE NO. 2023-06
17 4. Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

5. Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every twenty units or portion thereof or have one kitchen on any floor where units without kitchens are located.

6. All SRO units must have access to a separate usable storage space within the project.

Section 7. Section 24.12.1520 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1520 DEVELOPMENT STANDARDS.

1. Density. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to FDU units.

2. Unit Size. The floor area of FDU units may range from a minimum of two hundred twenty square feet to a maximum of six hundred fifty square feet.

3. Minimum Dwelling Units Requirement. Residential or mixed-use projects shall contain at least three dwelling units to qualify for use of the FDU unit type. FDU units can count towards this requirement.

4. Open Space. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum open space per dwelling unit shall not apply to FDU units. In lieu of the district regulations for open space, minimum usable open space per dwelling unit for FDU units shall be defined by Section 24.12.1530.

5. Storage Facilities. All FDU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3, Chapter 24.12.

6. Covered Parking. Covered parking is not required.

28.19 ORDINANCE NO. 2023-06
18 7. Zoning. In addition to the permitted land use districts in Chapter 24.10, FDUs shall be permitted in the Central Business District (CBD) pursuant to the development standards and design guidelines section of the Downtown Plan.

Section 8. Section 24.12.1620 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1620 DEVELOPMENT STANDARDS.

Emergency shelters shall comply with the underlying development standards of the zoning district in which they are located. In addition, the following standards shall be met:

1. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rightsof-way, and of an intensity compatible with the neighborhood.

2. Security. Facility shall have city accepted on-site security during hours of operation.

Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

3. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

4. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.

5. Emergency Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:
a. Temporary shelter shall be available to residents for no more than six months. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
c. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, police and other appropriate departments prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning and community department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.

28.20 ORDINANCE NO. 2023-06
19 6. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

7. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.

8. Bed Space. The number of beds or persons permitted to be served by the facility will be limited by the standards set forth in this section and other applicable sections of the zoning and building codes.

9. Laundry facilities shall be provided for shelters with ten or more beds.

Section 9. Section 24.22 of Chapter 24.22 of the Santa Cruz Municipal Code is hereby amended add the following definitions:

24.22.530 Major Transit Stop
Major Transit Stop shall have the meaning set forth in California Public Resources Code section 21155

24.22.598 Parking Lift
Any electronic, hydraulic, or mechanical device used for the vertical stacking and storage of automobiles.

Section 10. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the California Coastal Commission.

PASSED FOR PUBLICATION this 11th day of April, 2023, by the following vote:

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

28.21 ORDINANCE NO. 2023-06
20 PASSED FOR FINAL ADOPTION this 25th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-06 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

28.22 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,

AS LOCAL COASTAL PROGRAM 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 Government Code added Section 65863.2, prohibiting local governments from requiring automobile parking within one half-mile of Major Transit Stops for most development proposals; and
WHEREAS, City regulations for bicycle parking have previously been based on local requirements for automobile parking within commercial developments; and WHEREAS, under the new requirements of Section 65863.2 the Municipal Code required amendments in order for the City to be able to continue to require bicycle parking with commercial development; and
WHEREAS, the Municipal Code provisions relating to automobile parking can no longer be applied to residential and commercial development in certain locations under the new requirements of Section 65863.2, making updates necessary for clarity of applicable development standards; and
WHEREAS, on March 16, 2023, the Planning Commission held a regularly scheduled meeting where the proposed amendments to the Municipal Code were considered by the Commission, and the Commission recommended unanimously that the City Council adopt the amendments to the Municipal Code as recommended by staff; 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 further supported by the Court’s decision in San Franciscans Upholding the Downtown Plan v. City & County of San Francisco; and
WHEREAS, on April 11, 2023, the City Council held a public hearing at which the proposed amendments to the Municipal Code were introduced for publication; and WHEREAS, on April 25, 2023, the City Council held a public hearing where the proposed amendments to the Municipal Code 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

28.23 WHEREAS, the City Council now finds:

1. The proposed amendments to Title 24 are in the public interest as they address changes in State law, and take steps to reduce development costs for housing and commercial development, increase site planning flexibility to allow for better on-site amenities for the community.

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

3. The proposed amendments to Title 24 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 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 25th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

28.24 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:

April 19, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 19th day of April, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

28.25 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 19th day of April, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-06, 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—20.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 19th day of April, 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

28.26 ORDINANCE NO. 2023-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 10.52 OF THE SANTA CRUZ MUNICIPAL CODE RELATING TO PARKING

RATES IN THE CENTRAL BUSINESS DISTRICT
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 10.52.210 of Chapter 10.52 is hereby amended as follows:
210.52.210 PARKING METER RATE 1- CENTRAL BUSINESS DISTRICT – TWO-HOUR VARIABLE RATE.

For 2023:

First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Cathcart Street, between Front Street and Cedar Street. (2) Church Street, between Pacific Avenue and Cedar Street. (3) Cooper Street, between Pacific Avenue and Front Street. (4) Elm Street, between Pacific Avenue and Cedar Street. (5) Lincoln Street, between Pacific Avenue and Cedar Street. (6) Locust Street, between Pacific Avenue and Cedar Street. (7) Maple Street, between Pacific Avenue and Cedar Street. (8) North Pacific Avenue, between Water Street and Bulkhead Street. (9) Soquel Avenue, between Pacific Avenue and Front Street. (10) Walnut Avenue, between Pacific Avenue and Cedar Street.

The parking meter rates may be increased by twenty-five cents per hour based on vehicle occupancy on any block or set of blocks during the hours of parking meter operation if occupancy is eighty-five percent or above between the hours of 12:00PM - 4:00 PM on Wednesdays. Rates shall be adjusted for any particular block or set of blocks not more than once every twenty-eight days with a maximum rate of five dollars per hour.

29.1 ORDINANCE NO. 2023-07
2 Section 2. Section 10.52.215 of Chapter 10.52 is hereby amended as follows:
210.52.215 PARKING METER RATE 2- CENTRAL BUSINESS DISTRICT – TWO-HOUR VARIABLE RATE.

For 2023:

First Hour $2.25
Second Hour $2.25
Each Additional Hour $4.50
A variable rate is established on the following streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Chestnut Street, between Center Street and Squid Row. (5) Church Street, between Cedar Street and Lot No. 6.
(6) Front Street, between Water Street and Laurel Street. (7) Knight Street, between North Pacific Avenue and Water Street. (8) Lincoln Street, between Cedar Street and Washington Street. (9) Locust Street, between Cedar Street and Center Street. (10) River Street South, between River Street and Soquel Avenue. (11) Union Street, between Cedar Street and Center Street. (12) Walnut Avenue, between Cedar Street and Center Street. (13) Water Street, between Front Street and River Street.

29.2 ORDINANCE NO. 2023-07
3 Section 3. Section 10.52.220 of Chapter 10.52 is hereby amended as follows:
210.52.220 PARKING METER RATE 3- CENTRAL BUSINESS DISTRICT – TWELVE-HOUR RATE.

For 2023: A rate of one dollar and seventy-five cents is established on the following streets and portions of streets:
(1) Bulkhead Street, between North Pacific Avenue and Water Street. (2) Cedar Street, between Center Street and Laurel Street. (3) Center Street, between Chestnut Street and Elm Street. (4) Church Street, between Center Street and Lot No. 6. (5) Civic Auditorium Parking Lot, Public Parking Lot No. 6. (6) Lincoln Street, between Cedar Street and Center Street. (7) River Street, between North Pacific Avenue and Front Street. (8) River Street South, between River Street and Soquel Avenue. (9) Walnut Street, between Cedar Street and Center Street.

Section 4. Section 10.52.240 of Chapter 10.52 is hereby amended as follows:
210.52.240 PARKING METER RATE 4- CENTRAL BUSINESS DISTRICT – SHORT TERM METERS.

The rate for twenty-minute and thirty-minute time-limit parking meters shall be tied to the rate of neighboring two-hour variable rate parking meters as shown on the chart below:

Two-Hour Variable
Meter Rate
Short-Term Parking
Meter Rate
$2.25/hour $2.25/hour
$1.75/hour $1.75/hour
Section 10. This ordinance shall take effect and be in full force thirty (30) days after final adoption.

29.3 ORDINANCE NO. 2023-07
4 PASSED FOR PUBLICATION this 11th day of April, 2023, by the following vote:

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 25th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2023-07 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

April 19, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 19th day of April, 2023, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

29.5 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 19th day of April, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-07, 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—4.

29.6 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ACKNOWLEDGING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

DETERMINATION AND APPROVING A LOT LINE ADJUSTMENT, NON-RESIDENTIAL

DEMOLITION AUTHORIZATION PEMIT, SPECIAL USE PERMIT, DESIGN PERMIT,

ADDITIONAL HEIGHT REQUEST, DENSITY BONUS REQUEST, REVOCABLE LICENSE

FOR OUTDOOR EXTENSION AREA, AND HERITAGE TREE REMOVAL PERMIT TO

DEMOLISH EXISTING COMMERCIAL BUILDINGS, RECONFIGURE FOUR LOTS INTO

ONE, REMOVE EIGHT HERITAGE TREES, AND CONSTRUCT A MIXED-USE BUILDING WITH 276 RESIDENTIAL DWELLING UNITS (INCLUDING A 50-PERCENT DENSITY BONUS) AND 6,865 SQUARE FEET OF COMMERCIAL SPACE, WITH DESIGN

VARIATIONS TO DOWNTOWN PLAN DEVELOPMENT STANDARDS, ON A SITE IN THE

CBD/F-P/FP-O (CENTRAL BUSINESS DISTRICT/FLOODPLAIN/FLOODPLAIN

OVERLAY) ZONE DISTRICT AND WITHIN THE FRONT STREET RIVERFRONT AREA OF THE DOWNTOWN PLAN. THE PROJECT REQUIES APPROVAL OF A SECTION 408 PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS TO ALLOW FOR THE

PLACEMENT OF FILL BETWEEN THE LEVEE AND THE PROPOSED BUILDING AND TO

ALLOW FOR THE DEVELOPMENT OF AN OUTDOOR EXTENSION AREA ADJACENT TO THE RIVERWALK PATH. (APPLICATION NO. CP20-0098)
WHEREAS, on August 3, 2020, Jessie Bristow, applicant for properties located at 514, 516, 518, 524, and 530 Front Street also known as Assessor’s Parcel Numbers 005-151-37, -44, - 45, and -46 (“applicant”), has applied for the above described permits; and WHEREAS, the project site and its development is governed by the standards and guidelines contained in California state density bonus law, the City of Santa Cruz General Plan 2030, the Downtown Plan, and Santa Cruz Municipal Code; and WHERAS, the project qualifies for a Categorical Exemptions for minor alterations to land use limitations pursuant to CEQA Guidelines Section 15303, as well as for In-Fill Development pursuant to CEQA Guidelines Section 15332, as described fully in the staff report; and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on March 2, 2023 to consider the project and by a vote of 5-1-1, made a recommendation of approval to the City Council; and
WHEREAS, the City Council conducted a duly noticed public hearing on April 25, 2023 to consider the application and the full public record; and WHEREAS, the City Council now makes the following findings:

30.1 Lot Line Adjustment, Section 23.12.030.1b

1. The parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, any applicable coastal plan, zoning and building ordinances.

The resulting lot exceeds the 5,000 square foot minimum lot area for the Central Business District zone district. The existing buildings, as well as the proposed new development, conform to the zoning ordinance and California Building Codes with regard to the new lot lines.

2. A greater number of parcels than originally existed are not created by the lot line adjustment.

The lot line adjustment results in one lot, which is fewer than the four lots originally existing before the lot line adjustment.

Special Use Permit, Section 24.08.050

3. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;
A Special Use Permit is required to allow residential developments exceeding 60 units in the Downtown Plan area and to allow the development of the outdoor extension area within the Floodplain Zone District. The proposal includes 276 residential units as part of a mixed-use project and an outdoor extension area connecting the new building to the Riverwalk.

The purpose of the Zoning Ordinance includes, among other goals, an intent to protect and promote the public health, safety, morals, peace, prosperity, and the general community welfare. The residential portion of the project provides dwelling units that contribute to the City’s housing stock and promote public health, safety, prosperity, and general community welfare. The outdoor extension area creates an outdoor public recreational area adjacent to the San Lorenzo River that adds to the general community welfare. Conditions of approval to maintain the extension area ensure a level of safety and community welfare within this outdoor area.

The mixed-use building containing the 276 residential units is located within the Central Business District (CBD) zone district. The intent of this district is to implement the objectives of the Downtown Plan, and the project is consistent with the Downtown Plan. The outdoor extension area spans across land zoned CBD as well as land zoned Floodplain (F-P). The extension area meets the Downtown Plan development standards with a variation for elevation as allowed in the Downtown Plan. Conditions of approval require the property owner to enter into a revocable license agreement to meet requirements for a revocable extension area license per the CBD zone district. The proposal is consistent with the development standards of the F-P zone district in that the site plan shows this area developed as an outdoor public space with pathways, seating, outdoor recreation spaces, and

30.2 landscaping; the proposed grading plans show the dimensions of the existing land profile and the proposed level of fill on the exterior side of the levee; and fill will be on the exterior side of the levee and will not affect floodway capacity or flood heights. In addition, the project fulfills environmental review requirements with a conclusion that the project qualifies for a categorical exemption from CEQA for infill development and with a condition of approval to complete the Army Corps of Engineers permit and associated NEPA review required to fill the west side of the levee. The entire project site is within the Floodplain Overlay Zone District (FP-O). The site’s A-99 FEMA floodplain designation exempts all aspects of the project from the floodplain development standards of the FP-O zone district.

The majority of the project site, within the privately owned parcels where the new building is proposed, has a general plan land use designation of Regional Visitor Commercial (RVC)/Downtown Santa Cruz, which emphasizes a mix of uses such as office and retail uses, residential and mixed-use developments, restaurants, and visitor attractions. The proposed 276 units as part of a mixed-use project is consistent with the land use designation. The area of the project on City owned land east of the building to the Riverwalk that is proposed to be filled and landscaped with outdoor amenities has a land use designation of Natural Area.

This designation provides for land that should remain in an undeveloped state to provide for habitat protection, public safety, or public recreation. The proposal creates a publicly accessible plaza in this area consistent with the land use designation.

The residential use of the project is consistent with the following general plan policies:
 Housing Element Policy 1.2 Concentrate new housing in the Central Core, along major commercial corridors, and on major opportunity sites consistent with the Land Use Element.  Housing Element Policy 1.3 Facilitate the production of mixed residential-commercial uses through the use of appropriate development standards, design and compatibility review, and regulatory and financial incentives.
 Housing Element Policy 1.5 Provide appropriate development standards and incentives to facilitate cohousing, live-work, mixed-use, accessory dwellings, single-room occupancy, and other alternative types of housing.
 Housing Element Policy 2.1 Encourage the production of affordable rental and ownership housing through inclusionary requirements.
 Housing Element Policy 2.2 Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means.
 Housing Element Policy 5.3 Ensure that the character and design of both infill development and remodel/rehabilitation projects promote the vitality of existing neighborhoods.  Housing Element Policy 6.1 Ensure a compatible relationship between new housing and circulation patterns and encourage pedestrian and bicycle friendly communities in order to minimize traffic impacts on quality of life.
 Housing Element Policy 6.7 Promote transit-oriented, mixed-use residential developments that are close to services, reduce dependence on automobile use, and are of high quality.  LU 1.1.2 Create incentives for the consolidation of underdeveloped parcels relative to development potential.
 LU3.1.1 Encourage through incentives and expedited permit processing a variety of housing types, when appropriate.

30.3  LU3.3.1 Amend the Zoning Ordinance to discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.  LU3.7.1 Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
 LU4.1.1 Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
 ED1.1.6 Revitalize the Riverfront area.
 ED5.1.1 Provide for the development of supporting land uses adjacent to retail shopping areas, while assuring protection of existing residential neighborhoods.  ED5.5.1 Enhance Downtown as a welcoming and inviting destination for residents, visitors, and businesses.

The outdoor extension area is consistent with the following general plan policies:
 Housing Element Policy 5.3 Ensure that the character and design of both infill development and remodel/rehabilitation projects promote the vitality of existing neighborhoods.  Housing Element Policy 6.1 Ensure a compatible relationship between new housing and circulation patterns and encourage pedestrian and bicycle friendly communities in order to minimize traffic impacts on quality of life.
 CD1.1.4 Identify and emphasize distinguishing natural features that strengthen Santa Cruz’s visual image (i.e., open space, Monterey Bay).
 CD1.4.2 Consider visual access to nearby natural areas as part of developmental review.  CD1.5.1 Enhance the prominence of the San Lorenzo River as a natural feature that provides structure, orientation, and recreational enjoyment by including it in surrounding area and management plans.
 CD1.5.2 Provide incentives for new development adjacent to the San Lorenzo River that includes patios overlooking the river, enhanced connections to the levee trails, and other design features that connect the built environment to the river.  CD3.1.1 Strengthen the linkage between Downtown, the Beach Area, and San Lorenzo River through amendments to corresponding Area Plans and the Zoning Ordinance.  CD3.1.2 Maintain, update, and implement the City’s San Lorenzo Urban River Plan.  CD4.1.3 Identify and establish design concepts that make visitor-serving corridors attractive and interesting through landscaping, banners, flags, art, and displays.  CD4.3.6 Implement streetscape and other landscaping plans in the City's Area and Specific Plans.
 CD5.2.1 Encourage buildings to be oriented towards sidewalks, public plazas, walkways, or rivers and to include features such as public benches and natural seating areas.  CD5.2.2 Encourage the incorporation of public benches and natural seating areas along public walkways and in public plazas and parks.
 CD5.2.4 Ensure that new and revised design guidelines encourage the use of pedestrianscaled fenestration, awnings, entrances, landscaping, and other amenities  LU2.3.1 Protect, maintain, and enhance publicly accessible coastal and open space areas.  LU3.11.2 Ensure appropriate land uses and development standards that do not adversely impact adjacent open spaces.
 M1.1.2 Connect activity centers with pedestrian and bicycle paths.

30.4  M2.1.2 Encourage use of alternative modes of transportation.  M2.3.1 Design for and accommodate multiple transportation modes.  M4.1.6 Enhance the pedestrian orientation of the Downtown Central Business District.  M4.1.7 Require the site and building design facilitate pedestrian activity.  ED1.1.6 Revitalize the Riverfront area.
 ED1.7.2 Diversify the range of visitor attractions in Santa Cruz, particularly those that draw on the city’s unique natural and cultural assets.
 ED5.5.1 Enhance Downtown as a welcoming and inviting destination for residents, visitors, and businesses.
 ED5.5.4 Create a distinctive and active pedestrian environment downtown  ED5.5.5 Allow for the extension of café and retail uses within the public right-of-way, subject to design standards and management guidelines.
 PR1.1.3 Evaluate all lands, regardless of size, for their potential development as small parks, community gardens, or landscape lots.
 PR1.6.1 Maintain and enhance access for vehicles, transit, bicycles, and pedestrians.  PR3.1.1 Provide recreational and educational opportunities within the open space lands and coastline consistent with adopted master or management plans.  PR4.1.3 Maintain and enhance the recreational value of the San Lorenzo River walkway and the East and West Cliff Drive pathways
 NRC1.1.2 Where consistent with riparian and wetland protection, provide actual or visual access of a low-impact nature
 NRC1.1.1 Require setbacks and implementation of standards and guidelines for development and improvements within the city and adjacent to creeks and wetlands as set forth in the Citywide Creeks and Wetlands Management Plan.  NRC1.3.1 Conserve creek, riparian, and wetland resources in accordance with the adopted City-wide Creeks and Wetlands Management Plan and the San Lorenzo River Plan The proposed residential use of the project is consistent with and implements the following goals and policies of the San Lorenzo Urban River Plan:
 Improve the urban and neighborhood interface with the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh
 Incorporate the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh into the surrounding urban fabric of downtown and neighborhoods.  Front Street – Significant Riverfront Areas (SRFA)-1: Require new development projects to incorporate design features that encourage active engagement with the Riverwalk such as; filling adjacent to the Riverwalk and landscaping, providing direct physical access to the Riverwalk, including appropriate active commercial and/or residential uses adjacent to the Riverwalk or providing a combination of these and/or other design features that support the resource enhancement and river engagement policies of the San Lorenzo River Plan.

The proposed extension area use of the project is consistent with and implements the following goals and policies of the San Lorenzo Urban River Plan:
 Improve the scenic and recreational value of the Riverfront  Improve public access and pedestrian/bicycle movement to and along the River

30.5  Improve the urban and neighborhood interface with the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh
 Incorporate the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh into the surrounding urban fabric of downtown and neighborhoods.  Front Street – Significant Riverfront Areas (SRFA)-1: Require new development projects to incorporate design features that encourage active engagement with the Riverwalk such as; filling adjacent to the Riverwalk and landscaping, providing direct physical access to the Riverwalk, including appropriate active commercial and/or residential uses adjacent to the Riverwalk or providing a combination of these and/or other design features that support the resource enhancement and river engagement policies of the San Lorenzo River Plan.  SRFA-3: Maintain the ten-foot setback area between residential and commercial uses adjacent to the levee trail from the western edge of the trail. The area between the property line and the Riverwalk shall be filled to raise the adjacent ground-level use to a similar or higher elevation as the Riverwalk. The public lands between the Riverwalk and the private property may incorporate publicly accessible commercial or residential amenities, such as outdoor public seating. Trees planted as part of the San Lorenzo Flood Control Improvement Project should be maintained and incorporated into new development where feasible and where not in conflict with the required fill or publicly accessible amenities.

With regard to the Downtown Plan, the project’s residential use and the extension area use implement the Downtown Plan’s First Principles as well as the plan’s Planning Principles and Strategies in that the proposed building has its own unique character while still maintaining consistency with the design standards and guidelines within the Downtown Plan; the building height is consistent with Additional Height Zone B (although augmented by the Density Bonus Request); the project provides a substantial amount of housing with 276 dwellings; the project’s design creates a strong linkage of both the commercial and residential uses to the river by having all commercial and residential amenity uses on the east side of the building orientated toward the public plaza and Riverwalk; and the site layout enhances pedestrian and bicycle usage by connecting Soquel Avenue and the Riverwalk to the public plaza and the proposed indoor bicycle parking space.

The proposed building and the outdoor extension area are consistent with the Downtown Plan’s development standards for the Front St/Riverfront neighborhood, consistent with Additional Height Zone B, generally consistent with All Central Business District Storefront Standards and Guidelines, and consistent with All Central Business Districts Other Development Standards and Guidelines as conditioned and as modified by Density Bonus waivers. Density Bonus waivers to vary from Downtown Plan standards include increased building height from 70 feet to 92’6”, increase of the base height from 50 feet and four floors to 63’4” and six floors, upper level stepback from Front Street at 63’4” building height instead of 50 feet, upper level stepback from the river side at 73 feet instead of 50 feet, top floor area at 74 percent of floor below instead of 60 percent, and top floor frontage length along Front Street at 62 percent of building length instead of 60 percent. Conditions of approval to otherwise ensure consistency with the Downtown Plan are included.

The project site is not located within the Coastal Zone.

30.6 4. That any additional conditions stipulated as necessary in the public interest have been imposed;
In addition to conditions to ensure consistency with the Downtown Plan, conditions of approval require maintenance of the extension area in a clean and safe condition and removal of moveable furniture at the close of business to ensure that the extension area space will be maintained in a safe and nuisance-free manner. Finally, a condition of approval requires stairwell entrances to be illuminated, secured, and accessible to police and other emergency responders.

5. That such use or structure will not constitute a nuisance or be detrimental to the public welfare of the community; and
The proposed residential units are not expected to constitute a nuisance or otherwise be detrimental to the public welfare since the use will not produce odor, glare, sounds, or other nuisance features. For the development of the outdoor extension area, conditions of approval that require maintenance of the extension area in clean and safe condition and removal of moveable furniture at the close of business ensure that the space will be maintained in a safe and nuisance-free manner. Finally, a condition of approval requires stairwell entrances to be secured and accessible to police and other emergency responders.

6. That all thrift store uses shall include a management plan that identifies collection facilities for donated items, operating hours for donation facilities which discourage unsupervised dropoffs, adequate storage areas for sorting the materials, and provides a plan to properly dispose of unusable items in a timely, secure, and orderly fashion and maintains premises in a clean and attractive condition.

The project does not contain a thrift store; therefore, this finding does not apply.

Design Permit, Section 24.08.430

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

The majority of the project site, within the privately owned parcels and where the building is proposed, is designated as RVC/Downtown Santa Cruz (Regional Visitor Commercial) in the general plan. The RVC/Downtown Santa Cruz general plan designation emphasizes a mix of uses such as office and retail uses, residential and mixed-use developments, restaurants, and visitor attractions. The proposed use of the parcel as a mixed-use commercial/residential project is consistent with the intent of the RVC/Downtown Santa Cruz designation. The area of the project on City owned land east of the building to the Riverwalk that is proposed to be filled and landscaped with outdoor amenities has a land use designation of Natural Area. This designation provides for land that should remain in an undeveloped state to provide for habitat protection, public safety, or public recreation. The proposal creates a publicly accessible plaza in this area consistent with the land use

30.7 designation. The proposed project is also consistent with many general plan policies relating to housing, alternative transportation, open space access, and downtown area development as follows:
 Housing Element Policy 1.2 Concentrate new housing in the Central Core, along major commercial corridors, and on major opportunity sites consistent with the Land Use Element.
 Housing Element Policy 1.3 Facilitate the production of mixed residential-commercial uses through the use of appropriate development standards, design and compatibility review, and regulatory and financial incentives.
 Housing Element Policy 1.5 Provide appropriate development standards and incentives to facilitate cohousing, live-work, mixed-use, accessory dwellings, single-room occupancy, and other alternative types of housing.
 Housing Element Policy 2.1 Encourage the production of affordable rental and ownership housing through inclusionary requirements.
 Housing Element Policy 2.2 Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means.
 Housing Element Policy 5.3 Ensure that the character and design of both infill development and remodel/rehabilitation projects promote the vitality of existing neighborhoods.  Housing Element Policy 6.1 Ensure a compatible relationship between new housing and circulation patterns and encourage pedestrian and bicycle friendly communities in order to minimize traffic impacts on quality of life.
 Housing Element Policy 6.7 Promote transit-oriented, mixed-use residential developments that are close to services, reduce dependence on automobile use, and are of high quality.  CD1.1.4 Identify and emphasize distinguishing natural features that strengthen Santa Cruz’s visual image (i.e., open space, Monterey Bay).
 CD1.4.2 Consider visual access to nearby natural areas as part of developmental review.  CD1.5.1 Enhance the prominence of the San Lorenzo River as a natural feature that provides structure, orientation, and recreational enjoyment by including it in surrounding area and management plans.
 CD1.5.2 Provide incentives for new development adjacent to the San Lorenzo River that includes patios overlooking the river, enhanced connections to the levee trails, and other design features that connect the built environment to the river.  CD3.1.1 Strengthen the linkage between Downtown, the Beach Area, and San Lorenzo River through amendments to corresponding Area Plans and the Zoning Ordinance.  CD3.1.2 Maintain, update, and implement the City’s San Lorenzo Urban River Plan.  CD3.3.1 Develop incentives to encourage the assembly of small parcels through Area Plan amendments and Zoning Ordinance changes.
 CD4.1.3 Identify and establish design concepts that make visitor-serving corridors attractive and interesting through landscaping, banners, flags, art, and displays.  CD4.2.3 Underground utilities when major road improvement or reconstruction is proposed, if possible.
 CD4.3.4 Maintain an ordinance requiring replacement and maintenance when heritage tree removal is necessary for new development.

30.8  CD4.3.6 Implement streetscape and other landscaping plans in the City's Area and Specific Plans.
 CD5.2.1 Encourage buildings to be oriented towards sidewalks, public plazas, walkways, or rivers and to include features such as public benches and natural seating areas.  CD5.2.2 Encourage the incorporation of public benches and natural seating areas along public walkways and in public plazas and parks.
 CD5.2.4 Ensure that new and revised design guidelines encourage the use of pedestrianscaled fenestration, awnings, entrances, landscaping, and other amenities.  LU 1.1.2 Create incentives for the consolidation of underdeveloped parcels relative to development potential.
 LU1.2.1 Environmental review for specific projects shall be accompanied by sufficient technical data and reviewed by appropriate departments.  LU2.3.1 Protect, maintain, and enhance publicly accessible coastal and open space areas.  LU3.1.1 Encourage through incentives and expedited permit processing a variety of housing types, when appropriate.
 LU3.3.1 Amend the Zoning Ordinance to discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.  LU3.7.1 Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
 LU3.11.2 Ensure appropriate land uses and development standards that do not adversely impact adjacent open spaces.
 LU4.1.1 Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
 M1.1.1 Create walkable, transit-oriented activity centers throughout the city.  M1.1.2 Connect activity centers with pedestrian and bicycle paths.  M2.1.2 Encourage use of alternative modes of transportation.  M2.3.1 Design for and accommodate multiple transportation modes.  M4.1.6 Enhance the pedestrian orientation of the Downtown Central Business District.  M4.1.7 Require the site and building design facilitate pedestrian activity.  M4.1.9 Require landscaping in the development, replacement, and repair of sidewalks, including the placement of trees on private property and/or in tree wells on sidewalks.  ED1.1.6 Revitalize the Riverfront area.
 ED1.7.2 Diversify the range of visitor attractions in Santa Cruz, particularly those that draw on the city’s unique natural and cultural assets.
 ED5.1.1 Provide for the development of supporting land uses adjacent to retail shopping areas, while assuring protection of existing residential neighborhoods.  ED5.3.1 Provide for attractive commercial development (including more intensive and higher quality ground floor retail) along commercial corridors provided the uses are compatible with or transition easily to adjacent residential areas.  ED5.5.1 Enhance Downtown as a welcoming and inviting destination for residents, visitors, and businesses.
 ED5.5.4 Create a distinctive and active pedestrian environment downtown  ED5.5.5 Allow for the extension of café and retail uses within the public right-of-way, subject to design standards and management guidelines.

30.9  HZ6.4.8 Minimize the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate or channel floodwaters.  PR1.1.3 Evaluate all lands, regardless of size, for their potential development as small parks, community gardens, or landscape lots.
 PR1.6.1 Maintain and enhance access for vehicles, transit, bicycles, and pedestrians.  PR3.1.1 Provide recreational and educational opportunities within the open space lands and coastline consistent with adopted master or management plans.  PR4.1.3 Maintain and enhance the recreational value of the San Lorenzo River walkway and the East and West Cliff Drive pathways
 NRC1.1.2 Where consistent with riparian and wetland protection, provide actual or visual access of a low-impact nature
 NRC1.1.1 Require setbacks and implementation of standards and guidelines for development and improvements within the city and adjacent to creeks and wetlands as set forth in the Citywide Creeks and Wetlands Management Plan.  NRC1.3.1 Conserve creek, riparian, and wetland resources in accordance with the adopted City-wide Creeks and Wetlands Management Plan and the San Lorenzo River Plan.

The property is located in an area mapped as potentially sensitive for archaeological resources under the general plan. General plan policy HA1.2.2 requires a project within this mapped area to undergo an archaeological investigation that includes archival research and site reconnaissance. An archaeological report completed by Evans & De Shazo dated May 14, 2019 concluded there is a potential for the site to have cultural or historical archaeological resources due to the alluvial soil type and the fact that buildings were present on the site in the 1800s. The report recommended archaeological monitoring during earth disturbing activities. This recommendation is included as a condition of approval.

The project is consistent with the following San Lorenzo Urban River Plan goals and policies:
 Improve the scenic and recreational value of the Riverfront  Improve public access and pedestrian/bicycle movement to and along the River  Improve the urban and neighborhood interface with the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh
 Incorporate the San Lorenzo River, Branciforte Creek, and Jessie Street Marsh into the surrounding urban fabric of downtown and neighborhoods.  Front Street – Significant Riverfront Areas (SRFA)-1: Require new development projects to incorporate design features that encourage active engagement with the Riverwalk such as; filling adjacent to the Riverwalk and landscaping, providing direct physical access to the Riverwalk, including appropriate active commercial and/or residential uses adjacent to the Riverwalk or providing a combination of these and/or other design features that support the resource enhancement and river engagement policies of the San Lorenzo River Plan.  SRFA-3: Maintain the ten-foot setback area between residential and commercial uses adjacent to the levee trail from the western edge of the trail. The area between the property line and the Riverwalk shall be filled to raise the adjacent ground-level use to a similar or higher elevation as the Riverwalk. The public lands between the Riverwalk and the private property may incorporate publicly accessible commercial or residential amenities, such as

30.10 outdoor public seating. Trees planted as part of the San Lorenzo Flood Control Improvement Project should be maintained and incorporated into new development where feasible and where not in conflict with the required fill or publicly accessible amenities.

The project implements the Downtown Plan’s First Principles and the Planning Principles and Strategies in that the proposed building has its own unique character while still maintaining consistency with the design standards and guidelines within the Downtown Plan; the building height is consistent with Additional Height Zone B (although augmented by the Density Bonus Request); the project provides a substantial amount of housing with 276 dwellings; the project’s design creates a strong linkage of both the commercial and residential uses to the river by having commercial and residential amenity uses on the east side of the building orientated toward the public plaza and Riverwalk; and the site layout enhances pedestrian and bicycle usage by connecting Soquel Avenue and the Riverwalk to the public plaza and the proposed indoor bicycle parking space.

The project is requesting additional height for a 70-foot tall base density project pursuant to the provisions of Additional Height Zone B. The project is consistent with criteria and standards for this additional height zone and meets the Additional Height Zone B objectives as follows:
i. The additional height will help to achieve the First Principles of the Downtown Plan (e.g. form, scale, housing, accessibility and open space).

The additional height allows the building to retain a form that provides architectural articulation as well as publicly accessible and private open space, rather than filling in the additional units within the base height. The additional height allows for an additional 64 dwelling units than would be created under a project that met only the base height (this number does not account for the density bonus units). ii. The additional height will contribute to an improved social and economic environment by including a concentration of new housing;
The Additional Height Request brings the building height to 70 feet (prior to density bonus) and adds 64 more units above the 120 units within the 50-foot building base height. The number of additional units created by the additional height allowance is compounded by the Density Bonus request, which creates 50 percent additional units beyond the total allowed with the Additional Height Request. The result is a project that provides 276 new housing units in a location adjacent to the Riverwalk and walkable to many businesses in the downtown, generating economic and social activity in both of these areas.
iii. The form of the development promotes the appearance of a grouping of buildings rather than large monolithic building masses;
The building follows a development standard for Additional Height Zone B that requires a building façade break with a length of at least 15 feet and depth of at least 10 feet along the Front Street elevation. This break helps to create the appearance of two distinct building segments. In addition, building articulation and varying architectural treatment along different segments of the building help to create the appearance of a grouping of buildings rather than one large, massive building wall. On the east side of the building facing the River, the building includes two large recessed

30.11 courtyard areas that break up the building massing and create the appearance of three distinct buildings along this elevation.
iv. The development receiving additional height will physically and/or financially contribute its fair share (through an Improvement District, Development Agreement or similar mechanisms) to the implementation of internal pedestrian connections between Front Street and the Riverwalk;
As the project is not directly adjacent to one of the planned pedestrian connections between Front Street and the Riverwalk, a condition of approval requires the project to financially contribute its fair share to the development of these connections. v. The additional height will help to meaningfully achieve one or more of the following key community objectives, including but not limited to: Affordable Housing, Day Care Center, exceed Green Building minimums, Incubator Space for Small Business, Public Access Easements, Public Right-of-way Improvements, Publicly Accessible Open Space, Structured or Shared Parking, and Transportation Demand Management concepts.

The additional height creates a base density project with 64 more units than a project that would meet only the base height limitation. The number of affordable units required to meet the City’s inclusionary housing requirements and to qualify for the proposed density bonus units are calculated as a fraction of the number of units in the base density project. Therefore, the bigger base density project results in a greater number of affordable units than would a standard, base-height project. vi. vi. Clear demonstration of the public benefit relating to two principal objectives: high quality public access between Front Street and the river, and the appropriate treatment of the riverfront edge along the Riverwalk.

The project includes four variations to Downtown Plan development standards as follows:

1. Soquel Avenue Setback and landscaping. The Front Street/Riverfront Corridor development standards require new development along Soquel Avenue to be set back from the sidewalk by 10 feet to allow for generous gateway landscaping treatment. While the main building wall is set back 10 feet from the Soquel Avenue sidewalk, most of this setback is taken up by a staircase leading from the corner of Front Street and Soquel Avenue up to the restaurant space and the adjoining outdoor dining terrace facing Soquel Avenue and the river. Even though the stairs occupy what would otherwise be a planted area, the design still provides substantial landscaping along the Soquel Avenue frontage in several ways: the small spaces between the stairs and the sidewalk are landscaped; the plans propose vertical landscaping along the side of the stairs facing Soquel Avenue; and a large planter is proposed at the plaza at corner of Front and Soquel Avenue. In addition,

30.12 the triangle of land at the northeast corner of the development between the building, Soquel Avenue, and the river will be substantially landscaped, although a significant amount of this improvement will likely be precluded by the new pump station.

While this design does not completely fit with the development standard, it more fully embodies several General Plan and Downtown Plan goals. The proposed stairway is consistent with general plan policies that call for enhanced pedestrian activity (Housing Element Policy 6.1, CD5.2.1, CD5.2.4, M1.1.1, M1.1.2, M2.1.2, M2.3.1, M4.1.6, and M4.1.7) and connecting development to the San Lorenzo River (CD1.5.1, CD1.5.2, CD3.1.1, CD5.2.1, LU2.3.1, M2.1.2, ED1.1.6, and PR4.1.3). The proposed design also aligns with several First Principles of the Downtown Plan, which call for aesthetically integrating public access to and participation in commercial activities, creating a strong network of public and private open spaces to create a socially active and pedestrianoriented downtown, and emphasizing predominantly pedestrian circulation patterns. The Downtown Plan’s Planning Principles and Strategies call for the downtown to be a place where people naturally gather to meet, including opportunities for outdoor dining. The Principles and Strategies also seek to enhance the open space and pedestrian network downtown, specifically by creating additional pedestrian linkages between the Downtown and the river, which are achieved by this project.

2. The Front Street/Riverfront Corridor development standards require the elevation of extension areas adjacent to commercial development to be within 24 inches of the Riverwalk elevation. The second level of the building has an elevation of 30 feet above sea level, while the Riverwalk has an elevation of 25.98 feet adjacent to the north end of the development, descending to 25.06 feet at the south end. This difference of four to five feet is greater than the maximum two feet allowed by the development standard. In this case, the site is physically constrained in that the difference between the Front Street ground elevation and the Riverwalk elevation does not allow the project to easily meet this development standard. When applying the required 15-foot first story height along Front Street, the second level on this side of the building starts at 32 feet above sea level, six to seven feet above the Riverwalk elevation. The proposal steps the second story down to 30 feet at the commercial uses facing the Riverfront, which minimizes the vertical distance between the adjacent public plaza and the Riverwalk while still retaining parking spaces in the parking level below. The proposed extension area plaza includes stairways, paths, and terraced amphitheater seating to create open and welcoming connections between the Riverwalk and the plaza above. Therefore, the proposal continues to achieve the objective of connecting the Riverwalk with the adjacent development while more fully achieving Downtown Plan objectives than a building with a substandard, uninviting first floor height for the commercial and residential lobby uses along Front Street or a building that provides substantially fewer parking spaces.

3. The Downtown Plan requires projects to meet parking design standards in the zoning ordinance. The project provides 171 of the total 181 parking spaces with puzzle stackers, an arrangement that varies from those parking design standards. Puzzle stackers provide for vertical parking, and each proposed three-tier stacker provides nearly three times the number of parking spaces as compared to a standard parking design within the same area.

30.13 Rather than pay parking in-lieu fees for omitted spaces or creating an additional parking level, the project instead proposes to meet the number of required parking spaces with these stackers. This efficient arrangement allows the project to provide parking demanded by both residents and visitors while devoting more space to commercial and public uses, residential dwellings, and residential amenities, uses that the Downtown Plan emphasizes for this location.

4. The Front Street/Riverfront development standards require at least 75 percent of the river-facing building wall to step back from the wall below at a building height of 50 feet as measured from the Front Street grade. This standard was created with the expectation that buildings would be constructed to the property line facing the river and with the intent to create articulation and interest along the building wall. The proposal does not meet this standard, as only small portions of the wall above 50 feet step back from the wall below. Instead, the entire building is set back from the river-facing property line at various depths, creating an articulated building wall. Two residential courtyards create deep recesses in the building frontage, substantially reducing the massing along this elevation. The elevation is also very well-articulated and detailed with architectural detailing such as balconies, horizontal and vertical recesses and projections, and a variety of exterior materials and colors. Therefore, the proposed design meets the intent of the standard to a greater degree than would a building simply constructed to the property line with portions of the upper floors stepping back on this elevation. In addition, in setting the building back from the river-facing property line, the project creates a larger public plaza than would otherwise be created by a standard project. This larger area creates an inviting space that encourages people to gather and spend time next to the river, more fully bringing to life the goals in the general plan and the Downtown Plan to foster a connection to the river and enhance pedestrian activity in this area.

The project is consistent with the Downtown Plan development standards as conditioned. As conditioned, and with the modifications requested in relation to the Density Bonus request, the project is consistent with the development standards of the CBD, F-P, and FP-O zone districts and the parking requirements of the zoning ordinance.

The project site is not located in the Coastal Zone.

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

The proposed ground-floor commercial uses and parking garage have a compatible height and size with other ground-floor commercial uses in the area. Conditions of approval to maintain outdoor seating areas and the extension area adjacent to the Riverwalk in a safe and clean manner ensure that these areas will not adversely affect adjacent properties or the

30.14 public health, safety, and welfare. A condition of approval requires the project to comply with hazardous waste remediation requirements by the County of Santa Cruz Environmental Health Department. Finally, all commercial spaces are considered to be potential future food or beverage service uses, and therefore a condition of approval requires final building permit plans to identify the venting and grease trap locations for the restaurant space as well as possible future venting and grease trap locations for commercial spaces 1, 3, and 4. The proposal is also a residential project. As conditioned, and except as modified by Density Bonus waivers and by requested variations to the Downtown Plan development standards for Soquel Avenue setback and landscaping, Riverwalk extension area elevation, stacked parking, and upper level stepback on the river-facing building wall as allowed by the Downtown Plan, the project complies with the applicable objective standards of the CBD zone district and the Downtown Plan.

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

The proposed mixed-use project includes ground floor commercial uses and open spaces on the Front Street, Soquel Avenue, and Riverfront elevations. These improvements are compatible with the surrounding neighborhood that is comprised of ground floor commercial uses with upper floor residential, office, or parking garage uses. The scale and location of the commercial uses is therefore similar to that of the surrounding area.

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

The property is located in the Front Street/Riverfront neighborhood of the Downtown Plan, which includes design standards to ensure new development is consistent with the design and appearance of existing buildings and structures in the area. The project is consistent with the development standards of the Downtown Plan with the inclusion of several conditions of approval.

11. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas.

Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rightsof-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.

The 238,979 square foot, eight story building has a compatible scale to larger buildings in the downtown as well as new approved buildings such as the Front/Riverfront development nearly adjacent to the south on Front Street. The site plan creates a well-connected

30.15 development with a pedestrian plaza at the Soquel Avenue-Front Street intersection, an outdoor stairway leading from that plaza to the second level restaurant and dining patio, and a public extension area connecting to the Riverwalk. The Riverwalk extension area plaza also connects to two private residential courtyard areas within the development, creating a building layout that balances and interconnects open space areas with residential and commercial uses. The Soquel Avenue frontage and the extension area adjacent to the Riverwalk are well-landscaped, softening the view of the site from the public view and creating a harmonious transition to the San Lorenzo River.

The triangular area of public land located between Soquel Avenue, the levee, and the new building is proposed to be improved with an outdoor dining patio for the restaurant, landscaping, art-light bollards, and accessible pathways connecting the Soquel Avenue sidewalk, levee and extension area between the building and Riverwalk. This connected and harmonious design helps to establish the site as a gateway to the downtown. However, a new pump station will likely take up occupy a substantial portion of this area. Therefore, a condition of approval requires the project to obtain a Minor Modification permit to redesign this area to relocate stormwater and accessibility features elsewhere on the project site and to reduce the dining patio to a size and location that is not expected to interfere with the future pump station. Once the pump station location and general design is known, the City, in coordination with the applicant, will design and complete improvements to the area around the pump station, such as landscaping, public pathways, and lighting. The City and applicant will also collaborate on expanding the dining patio if such expansion is mutually desired.

The Minor Modification and subsequent City-led improvements will be required to be consistent with Downtown Plan development standards that relate to this portion of the project, including those for substantial landscaping and for inclusion of elements that establish this side of the development as a gateway to the Downtown. The one exception is that the stormwater control measures may require a wall that is slightly taller than what the Downtown Plan would require, which the condition of approval acknowledges. This can be allowed pursuant to Subsection J.1 of Chapter 4 of the Downtown Plan, since the minor change allows for meeting of state stormwater control requirements and the wall supporting the stormwater control measures will continue to serve as a transition between the lower Riverwalk area and the higher plaza area.

The building has a consistent architectural style with a high level of detail on all elevations.

Siding materials include stucco and brick veneer that reflect building materials of the surrounding area. Horizontal siding adds further texture and interest to the building face.

Building colors include shades of gray, blue, and white with brighter blue and green accents.

These colors reflect those of surrounding buildings that also have gray, blue, and white exteriors. The blue hues also relate the building to the adjacent San Lorenzo River. The colors appear in a variety of patterns along the building face, breaking up the massing and creating interest along the elevations. The building walls are punctuated by many windows, and vertical and horizontal detailing creates further relief. Balconies on upper floor units provide additional architectural detailing. The roofline articulates horizontally and vertically, with fin-like architectural features creating vertical punctuations and multiple colors further differentiating segments of the roofline.

30.16 The proposed building would not block any significant public views identified in the general plan. The site plan creates a public open space area between the new building and the Riverwalk that provides public views of the San Lorenzo River. To ensure rooftop screening is compatible with the building design, a condition of approval requires any rooftop mechanical equipment to be screened with a color that blends in with the building or the sky.

A condition of approval requires all utility installations and mechanical equipment to be accessible and screened.

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

The project site is surrounded by mixed use and commercial uses, public parking, and the San Lorenzo River. The proposed mixed-use project has an urban nature similar to the surrounding commercial, mixed-use, and parking uses and is not anticipated to negatively affect those uses. The adjacent building to the south contains two upstairs apartment units.

The south side of the building facing these units has a solid wall on the ground level, a fully screened terrace on the second level, and on the upper levels the stairway has no windows facing south and all units are set back from the property line. These design elements ensure privacy for the residential units to the south. The San Lorenzo River provides habitat for birds and other species. The project is designed to meet stormwater retention and treatment regulations, which ensures the project does not impact water quality of the river. Conditions of approval required bird-safe glazing, railings, and landscaping on this side of the building and within the residential courtyards to minimize bird-building strikes near this habitat area.

The extension area adjacent to the Riverwalk provides for passive and light active (walking, bicycling, bocce ball) recreation adjacent to the River and also creates a transition from the urban nature of the new building to the adjacent natural area. Conditions of approval require the extension area to be maintained in a clean and safe condition and to regulate any large events in this location, which will ensure compatibility with the adjacent river.

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

The site has 24 protected trees, including five heritage trees on the building site, one street tree, and 18 riparian trees (including three additional heritage trees, for a total of eight on the project site) adjacent to the San Lorenzo River walk. An arborist report completed by Kurt Fouts dated March 22, 2022 inventoried the trees on the site and provided recommendations with regard to the project. The arborist report found that one of the heritage trees should be removed due to poor structural condition and the other seven heritage trees should be removed because they are within the project footprint. In addition, the report found that the 18 riparian trees are also within the project footprint and must be removed. There is one street tree on the site, a nine-inch red oak in the Front Street sidewalk. The report found this tree in

30.17 good condition and recommended retention and protection during project construction. The City Urban Forester has reviewed the arborist report and agrees with the recommendations.

A condition of approval requires the project to follow the report’s recommendations.

Removal of the eight heritage trees requires approval of a Heritage Tree Removal Permit.

These trees must be replaced with new trees at a ratio of either one 24-inch box trees or three 15 gallon trees for each tree to be removed, or by payment of a comparable in-lieu fee as allowed by the City Urban Forester. A condition of approval requires the project to meet the replacement requirement for these trees.

The riparian trees to be removed are potentially under the jurisdiction of the U.S. Army Corps of Engineers (ACOE) and/or the California Department of Fish and Wildlife (CDFW). A condition of approval require the project to obtain any required permits from these agencies prior to removing the riparian trees.

The Downtown Plan’s Guidance for Bird Safe Structures Along the San Lorenzo River calls for avoidance of transparent glass on building corners and walls and for design to avoid funneling open space to a building façade. The guidance measures also call for glass treatment to create a visual signal or barrier to prevent birds from flying into the glass. The citywide Bird Safe Building Design Standards call for similar measures for glazing within 40 feet above the ground. To ensure the project is consistent with these standards, conditions of approval require glazing along the east side of the building facing the San Lorenzo River within 40 feet of the ground, all glazing within 30 feet of building corners, and all glazing on building walls facing the residential courtyards to be treated in a manner accepted by the American Bird Conservancy. In addition, the railing around the restaurant patio shall be either American Bird Conservancy approved bird-safe glass or open style metal railing.

Finally, trees shall be omitted from residential courtyard landscaping and shall be placed in a manner to minimize reflection in glazing along the Riverwalk plaza.

The project is adjacent to Soquel Avenue to the north, which will bear the majority of shading from the new building. According to the submitted shadow study, morning shadows on December 21st will cast over the corners of nearby building to the west and northwest at the Front Street-Soquel Avenue intersection, but overall will not impact solar access to these buildings. The shadow study shows that shadows will not cast onto the adjacent two story building to the south during any time of the year.

The site does not have any significant natural landforms that the project would alter. The project involves filling a section of land adjacent to the existing man-made levee to the extent needed to create a connection between the new building and the Riverwalk.

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

30.18 There are no views of the ocean or designated scenic coastal areas from or through the project site, and the site is not located in a scenic coastal area. As the site is currently underdeveloped, development of the site with the proposed quality design will enhance the visual quality of the area.

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

Any noise or vibrations that may occur as a result of construction are temporary; once constructed, the proposed mixed use development will not cause any noise, vibrations, or other factors beyond those normally associated with a mixed-use commercial-residential development that would make the environment less desirable. The noise study prepared for the project found that the external and internal commercial areas will meet noise standards but recommended measures to bring the project into alignment with standards for residential uses. A condition of approval requires the project to implement these recommendations.

Since a pump station is planned in the City owned land adjacent to the development, a condition of approval requires a revised noise study to evaluate the potential acoustical effects of a new pump station and for the project to follow any new recommendations from this evaluation with regard to meeting exterior and interior noise standards. The proposed extension area will be required to meet any local and outside agency regulations regarding outdoor dining, alcohol service, and events, which will ensure compatibility with the residential uses on the site. The adjacent building to the south contains two upstairs apartment units. The south side of the building facing these units has a solid wall on the ground level, a fully screened terrace on the second level, and on the upper levels the stairway has no windows facing south and all units are set back from the property line. These design elements ensure privacy for the residential units to the south.

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

The new building includes windows on all four elevations to allow light and air to pass through the building. Landscaping in the Riverfront extension area, the courtyards, and along the Soquel Avenue frontage provide a natural cooling effect for the project site, and new trees provide shading. The flat roof provides space for solar photovoltaic equipment.

Nonresidential Demolition Authorization Permit, Section 24.08.1230.3

17. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.

One building on the site, located at 514-518 Front Street, is over 50 years old. This building, constructed in 1926, was included in a list of properties eligible for listing in Volume III of the City’s Historic Building Survey. At the time this volume was created, the owner chose

30.19 to opt out of listing the building. While opting out means that the property is not subject to the historic alteration or historic demolition provisions of the municipal code, the building could still be considered a significant historical resource under CEQA. A historic evaluation prepared by Evans & De Shazo dated May 13, 2022 evaluated the site for significance under CEQA and also reviewed the previous historic evaluation that had originally found the building eligible for listing on the local survey. The evaluation found that the building is not eligible for listing at the federal, state, or local level. Therefore, the building is not considered a historical resource under CEQA. The original evaluation from 2013 had found the building eligible for local listing as it represented the emerging auto service industry of the 1920s and it retained sufficient integrity to convey its significance. However, the Evans & De Shazo evaluation concluded that the emerging auto service industry is not a significant theme identified in the City’s historical context documents and therefore is not considered locally historic. The evaluation also found that the 2013 report was internally inconsistent in its discussion of integrity and that its analysis showed the building actually did not have a significant level of integrity. Because the Evans & De Shazo report provided a different conclusion than the original 2013 evaluation, Planning Department staff requested a peer review to provide an independent, third opinion. The peer review, completed by Dudek, confirmed the Evans & De Shazo conclusion that the building is not eligible for listing at the local, state, or federal level. Therefore, demolition of the building is consistent with the findings for the Nonresidential Demolition Authorization Permit and is not considered a significant historical impact under CEQA.

18. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.

The mixed-use building with 276 residential dwelling units and 6,865 square feet of commercial space that will replace the demolished structure, is being concurrently approved by the City. A condition of approval requires the building permit to be issued concurrently with the demolition permit for the existing building unless some other practical hardship renders this requirement inappropriate.

19. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.

The historic resource evaluation concluded that the building in question is not eligible for listing on the historic building survey; therefore, this finding does not apply.

20. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed in accordance with the California Environmental Quality Act, and the zoning administrator can make a finding of overriding consideration that the replacement project will have public benefits which will outweigh the impact of loss of the historic resource.

30.20 The historic resource evaluation completed for this project concluded that the building in question is not eligible for listing on the historic building survey and is not historically significant under CEQA; therefore, this finding does not apply.

Density Bonus Request, Section 24.16.270.2

21. The housing development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or modified parking standards requested; conforms to all standards for affordability included in this section; and includes a financing mechanism for all implementation and monitoring costs.

While the Density Bonus section does not provide for the requested density bonus percentage or modified parking standard, state density bonus law allows for these and supersedes the municipal code. State Density Bonus law allows up to a 50 percent density bonus for a project that provides 15 percent of the base density units at the Very Low Income level (50% AMI).

The project requests a 50 percent density bonus pursuant to state law to increase the total number of units in the project from 184 to 276. In exchange, the applicant is proposing to make available 28 units, or 15 percent of the 184 base density units, to households at the Very Low Income level. The project therefore is eligible for the requested density bonus. A project with this level of affordability is also eligible for unlimited density bonus waivers and modified parking requirements under both state and local density bonus provisions. With regard to the parking reduction, State Density Bonus law allows a density bonus project to have a residential parking ratio of 0.5 spaces per unit if it provides at least 11 percent of the base density units at the Very Low Income level, is within half a mile of a major transit stop, and has unobstructed access to the major transit stop. The project meets all three of these criteria, and therefore is eligible for the reduced parking ratio.

A condition of approval requires the applicant to enter into an affordable housing agreement with the City to ensure compliance with the approved level of affordability. All financing costs for implementation and monitoring will be provided by the applicant.

22. Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs based upon appropriate financial analysis and documentation if required by Section 24.16.255.

The project does not propose any incentives/concessions; therefore, this finding does not apply.

23. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Section 24.16.230.

The project does not include dedication of land; therefore, this finding does not apply.

30.21 24. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare center, the development conforms to the standards included in Section 24.16.235.

The project does not include a childcare center; therefore, this finding does not apply.

25. If the density bonus incentive or concession is approved for a condominium conversion, the development conforms to the standards included in Section 24.16.240.

The project does not include a condominium conversion; therefore, this finding does not apply.

26. If the incentive or concession includes mixed-use buildings or developments, the nonresidential land uses will reduce the cost of the housing development and the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.

The project does not include a request for an incentive/concession; therefore, this finding does not apply.

27. If a waiver or modification is requested, the applicant has shown that the development standards for which the waiver or modification is requested will have the effect of physically precluding the construction of the housing development at the densities or with the incentives or concessions permitted by this Part 3.

The project includes the following waivers and parking reductions:
 A waiver to allow a floor area ratio (FAR, total building floor area divided by net lot area) of 5.20, greater than the maximum 5.0 allowed in the RVC/Downtown Santa Cruz general plan designation,
 A waiver to allow a building height of 92’6” feet instead of 70,  A waiver to allow eight floors instead of the maximum six allowed in Additional Height Zone B,
 A waiver to increase the “base height,” from which additional height must step back, from 50 feet and four floors to 63’4” and six floors. The Waiver provides for an upper level stepback from Front Street at 63’4” height instead of 50 feet and an upper level stepback from river side at 73 feet instead of 50 feet,  A waiver to increase the allowed top floor area from a maximum 60 percent of the area of the floor below to 74 percent of the area of the floor below,  A waiver to increase the allowed top floor frontage along Front Street from a maximum 60 percent of the building length as measured along Font Street to 62 percent of the building length, and
 A Parking reduction to provide residential parking at a ratio of 0.5 spaces per unit.

The above described waivers and parking modification are necessary to allow construction of the proposed project with the density bonus units since the development standards from

30.22 which the waivers propose variation would limit the building’s three dimensional space and thus physically preclude construction of the project with the density bonus units.

28. If a commercial development bonus is requested, the project complies with the requirements of Section 24.16.258, the city has approved the partnered housing agreement, and the bonus has been mutually agreed upon by the city and the commercial developer.

The density bonus request does not include a commercial development bonus; therefore, this finding does not apply.

29. If the housing development or the commercial development is in the coastal zone, any requested density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus is consistent with all applicable requirements of the certified Santa Cruz local coastal program, with the exception of density.

The development is not located in the Coastal Zone; therefore, this finding does not apply.

Extension Area Revocable License Findings, Section 24.10.2340(6)(c)

30. The extension area in the particular location on the sidewalk will not adversely affect the use of the public street, will implement the Downtown Recovery Plan, and the General Plan.

The project includes fill between the outer edge of the levee and the building to expand the Riverwalk area west of the existing path. Commercial spaces and residential amenity spaces face the Riverwalk, and the area is conditioned to be maintained in a safe and clean manner.

The permit is conditioned to require the owner to obtain a modified Revocable License Agreement for the use, maintenance, and management of the of the expanded fill areas. The extension area includes landscaping, seating opportunities, and access to the residential amenity and commercial spaces that bridge the gap between the public and private realm, as encouraged by the Downtown Plan at the Riverwalk. The extension area does not adversely affect the use of the public street in that it is not located adjacent to a public street and is consistent with the goals in the Downtown Plan.

31. The proposed use will not be detrimental to persons residing, visiting, or working in the area.

The extension area at the Riverwalk is not detrimental to the general public in that conditions of approval are included that require maintenance of the extension area in clean and safe condition and removal of moveable furniture at the close of business.

32. The proposed use will conform to all relevant regulations in the Municipal Code, and applicable county regulations and state law.

30.23 The use of the extension area conforms to all relevant regulations in the Municipal Code and the Downtown Plan and applicable County Environmental Health regulations and State Law in that the property owner and/or future tenants are required to obtain approval of all pertinent City, County and State agencies prior to construction and use, including but not limited to accessibility requirements, outdoor food service and alcohol service, and outdoor programmed events.

Heritage Tree Removal Permit, Resolution No. NS-23, 710

33. Alteration of a heritage tree or shrub would only affect less than twenty-five percent (25%) of the crown of said heritage tree or heritage shrub; Eight heritage trees are proposed for complete removal; therefore, this finding does not apply.

34. Findings by the Director of Parks & Recreation can be established in conformity with the City’s Urban Forest and Wildland Interface Policy Statement; The trees are not required to be removed to manage a fire hazard; therefore, this finding does not apply.

35. One or more of the following findings are established by the applicant and confirmed by the Director of Parks & Recreation:
a. The heritage tree or heritage tree shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way;
b. The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal;
c. A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.

The site has 24 protected trees, including five heritage trees on the building site, one street tree, and 18 riparian trees (including three heritage trees, for a total of eight in the project area) adjacent to the San Lorenzo River walk. An arborist report completed by Kurt Fouts dated March 22, 2022 inventoried the trees on the site and provided recommendations with regard to the project. The arborist report found that one of the heritage trees should be removed due to poor structural condition and the other seven heritage trees should be removed because they are within the project footprint. In addition, the report found that the 18 riparian trees are also within the project footprint and must be removed. There is one street tree on the site, a nine-inch red oak street tree in the Front Street sidewalk. The report found this tree in good condition and recommended retention and protection during project construction. The City Urban Forester has reviewed the arborist report and agrees with the recommendations. A condition of approval requires the project to follow the report’s recommendations.

30.24 Removal of the eight heritage trees requires approval of a Heritage Tree Removal Permit.

One tree must be removed due to poor physical condition. These trees must be replaced with new trees at a ratio of either one 24-inch box trees or three 15-gallon trees for each tree to be removed, or by payment of a comparable in-lieu fee as allowed by the City Urban Forester.

A condition of approval requires the project to meet the replacement requirement for these trees.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby acknowledges the CEQA determination and approves the Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height request, Density Bonus request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit to demolish existing commercial buildings, reconfigure four lots into one, remove eight heritage trees, and construct a mixed-use building with 276 residential dwelling units (including a 50-percent density bonus) and 6,865 square feet of commercial space, with Design Variations to Downtown Plan Development Standards, on a site in the CBD/F-P/FPO (Central Business District/Floodplain/Floodplain Overlay) zone district and within the Front Street Riverfront Area of the Downtown Plan, subject to the Findings listed above and the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part hereof.

PASSED AND ADOPTED this 25th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________
Fred Keeley, Mayor
ATTEST: _________________________
Bonnie Bush, City Clerk Administrator

30.25 EXHIBIT "A"

CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
530 Front Street – CP20-0098
Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height request, Density Bonus request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit to demolish existing commercial buildings, reconfigure four lots into one, remove eight heritage trees, and construct a mixed-use building with 276 residential dwelling units (including a 50% density bonus) and 6,865 square feet of commercial space, with Design Variations to Downtown Plan Development Standards, on a site in the CBD/F-P/FP-O (Central Business District/Floodplain/Floodplain Overlay) zone district and within the Front Street Riverfront Area of the Downtown Plan. The project requires approval of a Section 408 Permit from the US Army Corps of Engineers to allow for the placement of fill between the levee and the proposed building and to allow for the development of an outdoor extension area adjacent to the Riverwalk path. (Environmental Determination: Categorical Exemption)

1. If one or more of the following conditions is not met with respect to all its terms, then this approval may be revoked.

2. All plans for future construction which are not covered by this review shall be submitted to the City Planning and Community Development Department for review and approval.

3. This permit shall be exercised within three (3) years of the date of final approval or it shall become null and void. When a building permit is required, a zoning permit shall be considered exercised following the issuance of a valid building permit. When only an occupancy permit is required, a zoning permit shall be considered exercised when the occupancy permit is issued.

4. If, upon exercise of this permit, this use is at any time determined by the Planning Commission to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit by the Planning Commission could occur.

5. The use shall meet the standards and shall be developed within limits established by Chapter

24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes or any public nuisance arising or occurring incidental to its establishment or operation.

6. The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith.

7. All final working drawings shall be submitted to the Zoning Administrator for review and approval in conjunction with building permit application. The plans submitted for building

30.26 permits shall have the same level of articulation, detailing, and dimensionality as shown in the approved plans. All approved exterior finishes and materials shall be clearly notated on the building permit plans.

8. The applicant and contractor who obtains a building permit for the project shall be required to sign the following statement at the bottom of these conditions, which will become conditions of the building permit:
“I understand that the subject permit involves construction of a building (project) with an approved Design Permit. I intend to perform or supervise the performance of the work allowed by this permit in a manner which results in a finished building with the same level of detail, articulation, and dimensionality shown in the plans submitted for building permits. I hereby acknowledge that failure to construct the building as represented in the building permit plans, may result in delay of the inspections process and/or the mandatory reconstruction or alteration of any portion of the building that is not in substantial conformance with the approved plans, prior to continuation of inspections or the building final.”
Signature of Building Contractor Date

9. All requirements of the Building, Fire, Economic Development, Public Works, and Water Departments shall be completed prior to occupancy and continuously maintained thereafter.

10. The property owner and/or project applicant agree(s) as a condition and in consideration of the approval of this discretionary development permit that it will, pursuant to agreement and/or statutory provisions as applicable, including but not limited to Government code Section 66474.9, defend, indemnify and hold harmless the City of Santa Cruz or its agents, officials, officers and employees from any claim, action or proceeding against the City or its agents, officials, officers or employees to attack, set aside, void or annul this approval, which action is brought within the time period provided for under law, including but not limited to, Government Code Section 66499.37, as applicable. The property owner and/or project applicant will reimburse the City for any court costs and attorney’s fees, which the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve the property owner and/or project applicant of these obligations under this condition. An agreement to this effect shall be recorded upon demand of the City Attorney or concurrent with the issuance of building permits, use of the property, filing of the final map, whichever occurs first and as applicable. The City shall promptly notify the property owner and/or project applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. If the City fails to promptly notify the property owner and/or project applicant of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, the property owner and/or project applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.

30.27 11. The applicant and/or property owner shall be responsible for ensuring that any existing buildings approved for demolition or conversion remain occupied by a tenant or, if any buildings are vacant or become vacant prior to demolition or conversion, that these buildings are adequately secured to prevent break-ins and other vandalism. All windows, doors, and other openings into vacant buildings shall be completely covered and a six-foot tall chain link fence shall be installed around the perimeter of the property. Graffiti shall be removed or painted over within 72 hours. If a break-in occurs, the applicant and/or property owner shall, within 24 hours, clean the site of trash and debris, and re-secure the site and building(s).

Additionally, following a break-in, the applicant/property owner shall provide the Planning Department, SCFD Fire Marshall and SCPD with a copy of a signed contract with a private security company to provide ongoing monitoring of the site. If a break-in or other public safety concern occurs at the site that requires an emergency response, the applicant and/or property owner shall be responsible for paying the fully burdened hourly rates for Police, Fire, Code Compliance, or other City Staff to respond and follow up.

12. Prior to building permit approval, the applicant shall submit a noise study addendum or letter from the noise consultant that provides any additional recommendations for noise attenuation within the building considering the effects of a pump station on the northeastern property line that meets the City noise standard of 65dBA at the property line. The Public Works Department additionally commits to completing a noise study for the future pump station when that design is known and to implement measures to attenuate noise from the pump station consistent with General Plan and Zoning Ordinance noise standards as recommended by that study.

13. Prior to building permit approval, the applicant shall obtain a Minor Modification permit to redesign the portions of the project affected by the future pump station, including improvements on top of the extension area fill on the City-owned land area approximately bounded by Soquel Avenue, the Riverwalk, and the northeastern property line as shown in the following diagram:

Specifically, the Minor Modification permit shall:
o Include a smaller restaurant patio with size, location, and dimensions as agreed upon by the applicant, the Director of Planning and Community Development, and the Director of Public Works;
o Include fill and landscaping in the remaining area;

30.28 o Show how project stormwater requirements will be met without utilizing any of the area potentially affected by the pump station as shown in the diagram. Relocation of a stormwater infiltration area may include a retaining wall adjacent to the Riverwalk slightly taller than that allowed by the Downtown Plan; and o Show how project accessibility requirements will be met without utilizing any of the area potentially affected by the pump station as shown in the diagram.

Independent of the timeline for the Minor Modification and Building Permit issuance, when the pump station design is known, the Public Works Department, in coordination with the applicant, will install additional amenities within this area that may include, but not be limited to, an expanded dining patio area, public pathways, and/or lighting. If the applicant and City mutually agree to include an expanded dining patio area, the applicant shall either provide a financial fair share contribution to the City or complete construction of the improvement.

14. The development of the site shall be in substantial accordance with the approved plans submitted and on file in the Department of Planning and Community Development of the City of Santa Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to plans or exceptions to completion may be granted only by the City authority which approved the project. All revisions to proposed exterior colors and/or materials or any alteration to improvements in the public right-of-way must be submitted for review and approval by the Director of Planning and Community Development prior to submittal of application for Building Permit.

15. Subject to determination by the Planning and Community Development Director, any proposed revision which would impact the design or appearance of the project shall be reviewed by a subcommittee of the Planning Commission. The subcommittee shall have the power to refer any prospective design changes back to the Planning Commission for further review as needed.

The subcommittee may confer with the City’s design consultant, as needed, to assist in this work. Any subcommittee recommendations shall be endorsed by staff or referred to the Planning Commission for review and decision. The subcommittee may request, and the applicant must provide, full-scale mockups accurately reflecting the nature of any proposed modification as determined necessary by the subcommittee. A Building Permit may not be approved until any proposed modification has been authorized by the Director of Planning and Community Development, Subcommittee, or Planning Commission. Difficulty of acquisition, or cost of materials, and their transport or cost of construction of any design feature included in the approved project shall not, alone, constitute justification for variation from the design or appearance of any aspect of the project design as approved.

PRIOR TO BUILDING PERMIT APPLICATION:

16. Pursuant to Section 66412(d) of the California Government Code the following requirements have been imposed in order for the lot-line adjustment to conform with the City's Zoning and Building Ordinances, or to facilitate the relocation of existing utilities, infrastructure, or easements. Prior to application for building, demolition, or grading permit, a new property description shall be recorded with the County Recorder's office and a copy of the recorded description provided to the City Planning Department. The deed(s) of conveyance must contain the following statement after the description of the property(ies) or portion(s) of

30.29 property to be transferred: "The purpose of the deed is to adjust the boundaries among Assessor's Parcel Numbers 005-151-37, 005-151-44, 005-151-45, and 005-151-46 as approved by the City of Santa Cruz under Application CP20-0098. This conveyance may not create a separate parcel, and is null and void unless the boundary is adjusted as stated."

17. The applicant shall apply for and obtain new addresses for the site from the City Planning Department.

18. Prior to building permit application, applicant shall pay any outstanding fees associated with environmental review or preparation of documentation for federal permits.

PRIOR TO BUILDING PERMIT ISSUANCE:

19. Adequate provisions shall be made to supply water to each of the premises covered by this application. The design of water facilities shall be to standards of the Water Department, and plans therefore must be submitted to the Water Department Director for review and approval prior to the issuance of a building permit.

20. Landscape and irrigation plans shall be submitted at the time of the building permit application and will be reviewed by both the Planning Department and Water Department.

The landscape and irrigation plans shall demonstrate compliance with all requirements of the City’s Water-Efficient Landscaping Ordinance in Chapter 16.16 of the Santa Cruz Municipal Code prior to issuance of the building permit.

21. Agreement(s) for Installation and Maintenance of Riverwalk Improvements/Fill Structure. Prior to issuance of a building or grading permit, the applicant shall work with the Public Works Department and Economic Development to record agreement(s) necessary for installation and maintenance of the fill structure adjacent to the levee, including any improvements thereon. The agreement(s) shall confirm that the applicant is responsible for ongoing management and maintenance of the fill area and associated improvements, as well as any damage to the levee resulting from installation or maintenance of the fill, the project, or associated work. It shall also be specific as to the design, engineering, and construction of the fill including detailing all utilities, both public and private, within the fill structure. The agreement(s) shall also include the Riverwalk and tree maintenance responsibilities per the flood control improvement project.

22. Section 408 Army Corps of Engineers Permit: Prior to the issuance of a building, grading, or demolition permit for the site, a Section 408 Permit shall be issued for the project by the Army Corps of Engineers (ACOE). The plans approved by the ACOE must be consistent with the plans submitted for building/grading permit issuance and the applicant must demonstrate that the ACOE has approved the landscaping plans submitted with the building permit application.

The applicant shall be responsible for the documentation, consultants, and fees related to obtaining the Section 408 Permit, as well as the hourly cost of any time City staff spend in facilitating the ACOE permitting.

23. The project shall provide replacement trees or an equivalent in-lieu fee, as determined by the City Urban Forester, for the eight heritage trees approved for removal. Replacement trees shall

30.30 be shown on the building permit plans at a ratio of one 24-inch box tree or three 15-gallon trees for each of the trees to be removed and shall identify a location, size, and species as approved by the City Urban Forester. If an in-lieu fee is provided, the fee shall be paid prior to issuance of any demolition, building, or grading permit or removal of any heritage trees.

24. Prior to building permit approval, and prior to removal of any riparian tree, applicant shall submit evidence of a permit from Army Corps of Engineers and from the California Department of Fish and Wildlife, or submit evidence that no permit is needed, to remove the existing riparian trees within the project site.

25. Prior to building or grading permit issuance or in any case any ground disturbance, including but not limited to grubbing, demolition, excavation, and utility-line trenching, the applicant shall submit a copy of a signed contract with a qualified archaeologist (based on the city’s list of approved consultants or as previously authorized by the Planning Department) indicating that the archaeologist will be present on the site to observe and monitor all grading and subsurface excavations and that they will provide a follow-up letter to the Planning Department with the results of the monitoring.

26. Prior to building permit issuance, the applicant shall enter into an agreement with the City through the Economic Development Department to contribute financially, on a fair share basis, to the cost of constructing public improvements associated with the new and planned Front Street-Riverfront paseos. The financial contribution shall be based on the project’s lineal feet of frontage along the Riverwalk.

27. Final colors shall be approved by the Zoning Administrator as part of the building permit review and prior to approval of building permits.

28. The owner shall comply with the inclusionary housing requirements and density bonus provisions as outlined in Section 24.26.010 et seq. and 24.16.200 et seq. of the Zoning Ordinance. Prior to issuance of a building permit, the applicant shall enter into an affordable housing agreement with the City consistent with Santa Cruz Municipal Code sections

24.16.040 and 24.16.275.

29. The following are required to meet stormwater treatment and infiltration regulations:
a. If paving of the existing levee pathway will be a surface overlay and exempt per the Regional Water Quality Control Board (RWQCB) Post-Construction Requirements (PCRs), then this shall be indicated on final building permit plans. If not exempt per the PCRs, then final building permit plans shall show how requirements for treatment and retention of the runoff shall be met.
b. Regarding the new, relocated, or widened sidewalks, final building permit plans shall address the runoff in accordance with the overall Project PCRs Tiers (Tiers 1-4).

Water quality treatment, per PCRs Tier 2, shall be provided and if Tier 3 retention is not technically feasible and there are no other alternative options, then the applicant shall confer with City staff and RWQCB regarding approvable compliance options.

If the sidewalks will be permeable pavement (without a liner below), this will meet the requirements, in which case it shall be shown on the final building permit plans.

30.31 c. Regarding the new turn lane on Soquel Avenue, final building permit plans shall address the runoff in accordance with the overall Project’s PCRs Tiers (Tiers 1-4).

Water quality treatment, per PCRs Tier 2, shall be provided and if providing Tier 3 retention is not technically feasible and there are no other alternative options, then the applicant shall confer with City staff and RWQCB regarding approvable compliance options.

30. Prior to the issuance of a building permit, the applicant shall pay the Park and Recreation Facility Tax pursuant to Chapter 5.72 of the City of Santa Cruz Municipal Code based on the final building permit plans.

31. Prior to issuance of the demolition permit(s), the applicant shall obtain a building permit for the construction of the new building.

32. Prior to issuance of a demolition, building, or grading permit, the applicant shall meet the requirements of the Santa Cruz County Environmental Health (SCCEH) including the following: The SCCEH has reviewed the following report for the project site: Results of Subsurface Investigation (dated June 6, 2022, by Ramboll US Consulting, Inc.). Referenced report was submitted to SCCEH in accordance with Article V of Santa Cruz County Code Chapter 7.100. Based on SCCEH’s project review of the report, the development is required to enter into a remedial action agreement with SCCEH pursuant to Sections 101480 through 101490 of the California Health and Safety Code. The remedial action agreement will allow SCCEH to provide environmental oversight of additional assessment/potential remediation activities associated with residual contamination at the site. For any questions, please reach out to Heather Hanna at [email protected].”

33. Prior to building permit issuance, the applicant shall work with the City to select a mural artist and design concept for the mural on the northeastern building corner as shown on the plans. A panel consisting of one member of the Arts Commission, one member of the Downtown Association, and the Economic Development Director shall work in coordination with the applicant to select the artist and design. Prior to building permit issuance, the applicant shall provide evidence that a contract has been entered into with the selected artist for the approved design.

34. Final building permit plans shall include the following:
a. Plans submitted for building permit issuance shall include a minimum 20 percent of the total number of required parking spaces equipped with Level 2 electric vehicle supply equipment (EVSE).
b. Plans submitted for building permit issuance shall show all exterior site lighting locations and fixture details. All exterior building lighting shall be shielded and contained in a downward direction. No exterior lighting shall produce off-site glare. Exterior site lighting shall be provided along pedestrian pathways and in the vehicle parking area. Security lighting shall be motion sensor only.
c. Building permit plans shall identify the material of the railing around the public dining terrace adjacent to the restaurant space as either a bird-safe glass approved by the American Bird Conservancy or open metal railing.

30.32 d. Building permit plans shall identify all glazing along the Riverfront elevation within 40 feet above grade, glazing through entire building height within 30 feet of building corners, and for all glazing on building walls facing the two residential courtyards to contain bird-safe treatment following the 2” x 4” rule. Treatment shall include one or more of the following:
o Bird safe glass approved for use by the American Bird Conservancy o Fritted windows
o Patterned windows
o UV pattern film (not appropriate for all locations)
o Window nets
o Window screens
o Any American Bird Conservancy approved product:https://abcbirds.org/glasscollisions/stop-birds-hitting-windows/ o Other design measures identified by a qualified biologist with a background in ornithology as providing adequate bird protections and that do not conflict with required findings for a Planning Permit.
e. Final building permit landscape plans shall omit all trees within the private courtyards. f. Final building permit landscape plans shall show trees at the top of the riverfront plaza located so they are not directly adjacent to a building window to the extent possible. g. Bicycle parking shall be provided in accordance with Section 24.12.250-252 of the City's Zoning Ordinance and shall be shown on final building permit plans. h. All utilities and transformer boxes shall be placed underground in accordance with the provisions of Section 24.12.700 through 24.12.740 of the Zoning Ordinance. Location of utilities and transformer boxes shall be shown on final building permit plans. i. A drainage plan shall be submitted in conjunction with application for building permits. j. Final building permit plans shall indicate the type of glass used in all ground level windows.

The use of reflective or tinted glass in ground level show windows is prohibited. k. Final building permit landscape plans shall indicate the height at maturity of all plants proposed in the Riverwalk extension area. All plants proposed in this area, other than trees, shall be no more than 42 inches in height at maturity.
l. Final building permit plans shall include a lighting plan that shows exterior lighting at all building entryways and stairways.
m. Final building permit plans shall not include any up-lighting or spotlights. n. Building permit plans shall show design of roof drainage. o. Final building permit plans shall identify the material of the building entrance awnings. The material shall be light in character.
p. Final building permit plans shall show that the planter boxes at the outdoor lounge on Front Street provide for internal drainage connecting to roof drain lines. q. Final building permit landscape plans shall indicate for the planter boxes at the outdoor lounge on Front Street a mix of species that provide color and variety throughout the year. r. Final building permit plans shall include a lighting plan that provides the following: lighting shall be incorporated into the facade of the building and shall complement the style of the building. Lights on buildings shall not be glaring to pedestrians and shall illuminate only the extension area and the activities within. General illumination shall be at 5 foot-candles, with a maximum of 10 foot-candles. Table lamps or candles are encouraged in cafe areas.

30.33 s. Final building permit plans shall show the resource room removed or located otherwise within the building footprint so that it is set back from the building face. This space along the building face shall instead be planned as an active lobby or commercial use. t. All commercial spaces shall allow for future food and/or beverage service uses. Final building permit plans shall identify the venting and grease trap locations for the restaurant space as well as possible future venting and grease trap locations for commercial spaces 1, 3, and 4 u. Final building permit landscape plans shall identify new street trees along Front Street and Soquel Avenue as Columbia sycamores.

DURING CONSTRUCTION:

35. A pre-construction nesting bird survey shall be conducted by a qualified biologist if construction, including tree removal, adjacent to the San Lorenzo River, is scheduled to begin from February 1 to August 31 to determine if active nests are present in or near the construction sites. The survey shall be conducted no more than seven days before the start of any construction activities on the site (including tree removal, clearing, and excavation). If nesting bird species protected under the Migratory Bird Treaty Act and/or California Fish and Game Code (§3503) are found and the biologist determines that construction activities could result in the removal of an active nest or cause mortality of eggs or young, the biologist shall identify a suitable nodisturbance buffer around the nest in which no work would be allowed until after the biologist has determined the nest is no longer in use or the young have fledged. Alternatively, construction may be delayed until after the nesting season (i.e., September). The nesting survey shall be submitted to the Planning Department for review and approval prior to the start of construction.

36. All refuse and recycling activities during construction shall be done in accordance with Chapter

6.12 of the Santa Cruz Municipal Code. Be aware that private companies offering refuse or debris box services are not allowed to operate within the City limits, except under certain limited circumstances detailed in Chapter 6.12.160.

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

30.34 38. A qualified archaeological monitor shall be present on the site to observe all earthmoving work as described in the archaeological monitoring contract.

39. Grading shall be done during periods of dry weather and protective measures shall be incorporated during grading to prevent siltation from any grading project halted due to rain.

40. Prior to site grading or any disturbance all trees and/or tree stands indicated for preservation or approved plans shall be protected through fencing or other approved barricade. Such fencing shall protect vegetation during construction and shall be installed to the satisfaction of the Director of Planning and Community Development.

41. The project shall implement all recommendations of the arborist report by Kurt Fouts dated March 22, 2022.

42. All new trees shall be a minimum 15-gallon size.

43. The project shall implement all recommendations of the noise assessment study by Edward L.

Pack Associates Inc. dated August 24, 2021.

PRIOR TO BUILDING PERMIT FINAL/OCCUPANCY:

44. All landscaping shall be installed prior to final utility release or issuance of occupancy permits.

45. All new mechanical equipment and appurtenances, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent properties, shall be screened with material compatible with the materials of the building and shall be subject to the approval of the Zoning Administrator.

46. Prior to building permit final, the applicant shall submit a follow-up letter from the project arborist confirming that all recommendations in the arborist report were successfully implemented.

47. Prior to building permit final, the approved project archaeologist shall provide a follow-up letter to the Planning Department confirming that they were present on the site to monitor all grading and subsurface excavations and the results of the monitoring. If the property owner fails to comply with the full extent of on-site monitoring requirements, the property owner shall be subject to the Archaeological Monitoring Non-compliance Guidelines which includes supplemental archaeological investigation and monetary administrative civil penalties which could delay final inspections and occupancy.

48. Prior to final occupancy, the applicant shall file a trespass letter with the Santa Cruz Police Department (SCPD) in accordance with Santa Cruz Municipal Code section 9.60.012 providing SCPD the authority to remove trespassers on the premises when closed to the public.

30.35 49. Prior to final occupancy, the applicant, or its assignee, shall enter into Revocable License Agreement(s) for operation and maintenance the extension area, including but not limited to the outdoor dining or other use by the property owner(s) or tenant(s) on public property.

50. The mural shall be completed to the satisfaction of the City prior to issuance of occupancy permits.

OPERATIONAL CONDITIONS:

51. Prior to commercial/business use of a building or site, owners or tenants shall obtain a Zoning Clearance/Occupancy Permit from the City Planning Department and a Business License from the City Finance Department.

52. The use shall operate in conformance with Chapter 9.36 of the Municipal Code (Noise).

53. Any Public/Major Special Events on the premises shall be conducted in accordance with Chapter 10.64 of the Municipal Code, with requisite permit applications being filed in accordance with the timelines outlined therein.

54. Subsequent to occupancy of the premises, all landscaping shall be permanently maintained.

55. Street front entries shall remain unlocked and unblocked and shall remain in use during store hours.

56. Store displays shall be configured in such a way as to allow pedestrians to see into the store from the sidewalk. Goods, posters, photos or other visual images shall be placed a sufficient distance from the store windows to enable pedestrians to see clearly into the store.

57. Turn non-emergency lighting off (such as by automatic shutoff), or shield it, at night to minimize light from buildings that is visible to birds, especially during bird migration season (February-May and August-November).

58. Any signage for commercial spaces shall obtain a Sign Permit and any required building permit prior to installation of such signage.

59. All outdoor furniture (e.g., tables, chairs, retailing stands) shall be durable, well maintained, and of a high quality, suitable for outdoor use; such furniture shall be light, not heavy or massive in nature, to ensure that it does not visually dominate the street. All furniture shall be approved by the Zoning Administrator as an administrative approval.

60. The design materials and colors used for outdoor chairs, tables, display stands, lighting, and other fixtures (including umbrellas and awnings) shall be generally consistent with both the architectural style and colors used on the building façade.

61. The bicycle room adjacent to the Riverwalk plaza shall be available to the public during business hours to allow access to 34 of the bicycle parking spaces. The bicycle parking room

30.36 shall be maintained by the property owner in a secure, clean, and nuisance-free manner. The room shall be secured outside of business hours.

62. The Riverwalk extension area shall be managed and maintained in a manner to keep it clean, safe, nuisance free, and consistent with other laws and regulations.

63. Outdoor moveable furniture shall be removed at the close of business hours.

64. Stairwell entrances shall be secured and shall be accessible to police and other emergency responders.

65. All tenant leases for apartments in the development shall include a restriction on the storage of personal items on balconies excluding outdoor patio furniture, and potted plants.

30.37 CITY COUNCIL

AGENDA REPORT
DATE: 04/21/2023
AGENDA OF:

DEPARTMENT:
04/25/2023
Planning and Community Development
SUBJECT: Development Proposal at 514, 516, 518, 524, and 530 Front Street Involving Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit to Demolish Existing Commercial Buildings, Reconfigure Four Lots Into One, Remove Eight Heritage Trees, and Construct a Mixed-Use Building with 276 Residential Dwelling Units (Including a 50% Density Bonus) and 6,865 Square Feet of Commercial Space, with Design Variations to Downtown Plan Development Standards, on a Site in the CBD/F-P/FP-O (Central Business District/ Floodplain/ Floodplain Overlay) Zone District and Within the Front Street Riverfront Area of the Downtown Plan. File Number CP20-0098. Assessor’s Parcel Numbers: 005-151-37, 005-151-44, -45, -46. Environmental Determination:

Categorical Exemption. Owner: Green Valley Corporation. Applicant:

Jessie Bristow, Swenson. (PL)
RECOMMENDATION: Resolution acknowledging the environmental determination and approving the Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit for File Number CP20- 0098 at 514, 516, 518, 524, and 530 Front Street, subject to the attached conditions of approval.

BACKGROUND: The project site comprises four lots at the southeast corner of Front Street and Soquel Avenue and bound by the San Lorenzo River levee to the east. The site has two buildings, one constructed in 1926 associated with the emerging automobile industry and that now has restaurant and retail uses and a bank building constructed in 1981 that is currently vacant. The applicant proposes to demolish both buildings, combine the four lots into one, and construct a mixed-use building consisting of 6,865 square feet of commercial space and 276 residential apartment units in a 238,979 square foot, eight-story building.

The building’s first floor consists of commercial uses and a residential lobby on the Soquel Avenue and Front Street frontages with an enclosed parking garage behind. The second floor includes residential units, and, because the river levee is at a higher elevation than Front Street, the second floor also serves as the ground floor facing the river (at the approximate height of the river levee) and includes commercial uses and residential amenities along that frontage. The second floor also has two

30.38 private residential outdoor courtyards in the interior of the development. Levels three through eight contain residential units; a portion of the eighth floor also includes a rooftop deck with garden.

The project proposes to fill the City-owned land between the east side of the new building and the levee and create a publicly accessible outdoor extension area connecting the development to the Riverwalk. Filling this area will separately require approval of a Section 408 Permit from the Army Corps of Engineers, which the applicant will pursue following approval of this permit. The proposed extension area includes amenities such an outdoor dining patio adjacent to the proposed restaurant space, a public plaza with tables and chairs, landscaping planters and trees, a bocce ball court, an amphitheater-style terraced lawn, and steps and curvilinear pathways lined with artistic light bollards connecting this space to the adjacent Riverwalk and to Soquel Avenue. This space connects the Riverwalk to commercial and residential building entrances facing the river, an indoor bicycle parking room, and entrances to the two courtyards intended for common use by residents only.

However, the triangular area of City owned land at the northeast corner of the project site bordered by the proposed building to the west, Soquel Avenue to the north, and the Riverwalk to the east, has recently been identified as the location for a future stormwater pump station. This pump station will preclude the portion of the outdoor improvements planned by the project in this location, including the outdoor dining patio and accessible pathways connecting Soquel Avenue, the extension area, and Riverwalk. The purpose and need for the pump station are further described below.

The project requires the following approvals:
 A Nonresidential Demolition Authorization Permit to demolish the building on the site that is more than 50 years old;
 A Heritage Tree Removal Permit to remove eight heritage trees;  A Lot Line Adjustment to combine four existing lots into a single parcel;  A Special Use Permit to allow residential development exceeding 60 units in the Downtown Plan area and to allow development of the outdoor extension area within the Floodplain Zone District;
 A Design Permit for new construction in the Downtown Plan area, for the outdoor extension area within the Floodplain Zone District, and to allow an increase in building height in the Downtown Plan’s Additional Height Zone “B;”
 A Density Bonus Request for a 50-percent density bonus, parking reduction, and waivers of development standards;
 A Revocable License for an Outdoor Extension Area to allow the publicly accessible outdoor area proposed atop the levee fill between the building and the Riverwalk; and  Variations to Downtown Plan development standards.

Community Outreach
The project is considered a significant development project requiring community outreach under the Department of Planning & Community Development Community Outreach Policy for Planning Projects. The project applicant hosted a virtual community meeting that was held on May 19, 2020 after pre-application review and prior to formal application submittal. Approximately 40 individuals from the community attended the meeting and provided questions and comments on design for climate change and solar panels, automobile and bicycle parking, unit size and affordability, project timeline and building lifespan, accessibility to open spaces, bird safe design, and flooding potential. Due to a substantial change in the project size when a density bonus was added to the project design after formal submittal, the applicant held a second virtual community meeting on April 13, 2022. Approximately 40 members of the public attended this meeting and

30.39 provided comments and questions about bicycle parking on the site and bicycle lanes on Front Street, building design, developer profit, programming along the levee and the design of the proposed artistic light bollards in this area, landscaping plants, water supply, unit affordability, developer profit, and wage standards for construction workers.

Planning Commission Recommendation
While the project technically requires only one public hearing before City Council for the requested entitlements, the applicant, in consultation with staff, requested Planning Commission review of the project to promote public outreach, obtain feedback from the Commission, and receive a recommendation prior to taking the project to City Council. The Planning Commission received a project presentation at its March 2, 2023 hearing. Commissioners generally supported the project and voted 5-1-1 (Commissioner Dawson opposed, Commissioner Maxwell absent) to recommend that the Council recognize the environmental exemption and approve the project with several additional conditions of approval:
 Any changes in exterior materials or color or changes to the proposed improvements in the public right of way shall be approved by the Planning Director prior to application for building permit (condition #14).
 Subject to determination by the Planning and Community Development Director, any proposed revision which would impact the design or appearance of the project shall be reviewed by a subcommittee of the Planning Commission. The subcommittee shall have the power to refer any prospective design changes back to the Planning Commission for further review as needed. The subcommittee may confer with the City’s design consultant, as needed, to assist in this work. Any subcommittee recommendations shall be endorsed by staff or referred to the Planning Commission for review and decision. The subcommittee may request, and the applicant must provide, full-scale mockups accurately reflecting the nature of any proposed modification as determined necessary by the subcommittee. A Building Permit may not be approved until any proposed modification has been authorized by the Director of Planning and Community Development, Subcommittee, or Planning Commission. Difficulty of acquisition, or cost of materials, and their transport or cost of construction of any design feature included in the approved project shall not, alone, constitute justification for variation from the design or appearance of any aspect of the project design as approved (condition #15)
 Regarding the proposed mural on the northeast building corner, a panel consisting of one member of the Arts Commission, one member of the Downtown Commission, and the Economic Development Director shall coordinate with the applicant to select the artist and mural design. The mural must be satisfactorily completed prior to final occupancy (conditions #33 and #50). In an effort to provide clarity on how this condition is implemented, staff has included additional language requiring the applicant to enter into a contract with the approved artist prior to building permit issuance.  The number of electric vehicle charging stations is increased from the standard number required by the zoning ordinance to 20 percent of the total number of required parking spaces (condition #34.a).
 All tenant leases for apartments in the development shall include a restriction on the storage of personal items on balconies excluding outdoor patio furniture, and potted plants (condition #65).

30.40 DISCUSSION:

General Plan, San Lorenzo Urban River Plan (SLURP), and Downtown Plan Consistency The project is consistent with the site’s underlying General Plan land use designations and is also consistent with many General Plan policies relating to housing, alternative transportation, open space access, and downtown area development. A full analysis of general plan consistency can be found on pages 4-7 of the attached Planning Commission agenda report. The project is also consistent with the SLURP, which provides a framework to implement the community’s vision to enhance habitat, safety, and aesthetics along the San Lorenzo River. A full analysis of SLURP consistency can be found on page 7 of the Planning Commission Agenda Report. The project is also consistent with the First Principles, Planning Principles and Strategies, allowed uses, and development standards of the Downtown Plan as described on pages 7-8 and 10 of the Planning Commission agenda report and in the attached Downtown Plan Development Standards Consistency Analysis.

Variations to Downtown Plan Development Standards
The Downtown Plan allows variations to development standards when a project closely conforms to the standards and when the proposed variations result in a project that better achieves Downtown Plan and community objectives. Such variations require a recommendation from the Planning Director and approval by City Council. This project is requesting approval of four variations:
 A variation to decrease the development setback from Soquel Avenue and landscaping area to less than 10 feet.
 A variation to allow an elevation difference of four to five feet between extension areas adjacent to the commercial development and the Riverwalk elevation where the Front Street/Riverfront Corridor development standards requires the elevation difference to be no more than 24-inches.
 A variation to parking design standards to allow stacked “puzzle” parking spaces using mechanical parking lifts.
 A variation from the Front Street/Riverfront development standards that require at least 75 percent of the river-facing building wall to step back from the wall below at a building height of 50 feet as measured from the Front Street grade. Instead, the project proposes a highly articulated building that is set back varying distances from the property line.

As described in the analysis on pages 11-12 of the Planning Commission agenda report, the proposed variations result in an improved project that better achieves Downtown Plan and community objectives.

Downtown Plan: Additional Height Request
The Downtown Plan has two Additional Height Zones intended to promote the intensification of areas currently occupied by service uses into developments that foster activity and a sense of stewardship. The project is located in Additional Height Zone “B,” which includes the properties between Front Street and the San Lorenzo River from Soquel Avenue to Laurel Street and allows an increase in building height from 50 to 70 feet with a recommendation from the Planning Director and approval by City Council. This application includes a request to increase the building height to 70 feet, which, if approved, would increase the building height for the “base density” project, as the additional height would be applicable as a development standard prior to any density bonus incentives/concessions or waivers. (The project also requests additional building height to 92’6” as part of the Density Bonus request and is discussed below.) As described on pages 8-10 of the Planning Commission agenda report, the project meets the eligibility criteria for additional height, as well as requirements to implement the overarching City objectives described in this section of the Downtown Plan.

30.41 Affordable Housing and Density Bonus
Because the project includes a request for a density bonus, the required number of affordable units and level of affordability is dictated by a combination of the Inclusionary Housing requirements of the Zoning Ordinance and the affordability requirements for Density Bonus eligibility. The base density was determined by developing plans for a fully conforming development, recognizing that the site development standards, such as maximum building height, Floor Area Ratio, and required setbacks limit the size of a development and the number of units within. The base density plans include a 70-foot building height based on Additional Height Zone “B” and show that the project site could support a maximum of 184 residential units above ground floor commercial given the size of units and amenities included in that base plan.

The Inclusionary Housing standards require 20 percent of the base density units to be made affordable to Low Income households (80-percent Area Median Income, or AMI) at an affordable rent. For this project, 37 of the 184 base density units are required to be dedicated for rent at this level of affordability.

State density bonus law allows up to a 50-percent density bonus for a project that provides 15 percent of the base density units at the Very Low Income level (50-percent AMI). The project requests a 50-percent density bonus pursuant to State law to increase the total number of units in the project to 276. In exchange, the applicant is proposing to make available 28 of the 37 required inclusionary units to households at the Very Low Income level and to continue to make available the remaining nine inclusionary units to households at the Low Income level. This level of affordability meets both the City’s inclusionary standards and the 15-percent Very Low Income threshold to allow a 50-percent density bonus per State law.

A project with this level of affordability is also eligible for density bonus waivers and modified parking requirements under both State and local density bonus provisions. The project is requesting the following waivers and parking reductions:
 A waiver to allow a floor area ratio (FAR, total building floor area divided by net lot area) of 5.20, greater than the maximum 5.0 allowed in the Regional Visitor Commercial (RVC)/Downtown Santa Cruz General Plan designation;
 A waiver to allow a building height of 92’6” feet instead of 70’;  A waiver to allow eight floors instead of the maximum six allowed in Additional Height Zone “B;”
 A waiver to increase the “base height,” from which additional height must step back, from 50 feet and four floors to 63’4” and six floors. The waiver provides for an upper level stepback from Front Street at 63’4” in height instead of 50 feet and an upper level stepback from the river-facing side at 73 feet instead of 50 feet;  A waiver to increase the allowed top floor area from a maximum 60 percent of the area of the floor below to 74 percent of the area of the floor below;  A waiver to increase the allowed top floor frontage along Front Street from a maximum 60 percent of the building length as measured along Front Street to 62 percent of the building length; and
 A parking reduction to provide residential parking at a ratio of 0.5 spaces per unit.

The above-described waivers are necessary to allow construction of the proposed project with the density bonus units since the development standards from which the waivers propose variation

30.42 would physically preclude construction of the project with the density bonus units by limiting the three-dimensional space needed for the project.

With regard to the parking reduction, State density bonus law allows a density bonus project to have a residential parking ratio of 0.5 spaces per unit if it provides at least 11 percent of the base density units at the Very Low Income level, is within half a mile of a major transit stop, and has unobstructed access to the major transit stop. The project meets all three of these criteria, and therefore is eligible for the reduced parking ratio.

Future Pump Station
The portion of the extension area comprising a triangular area of City-owned land at the northeast corner of the project site bordered by the proposed building to the west, Soquel Avenue to the north, and the Riverwalk to the east has been identified as the future location for a stormwater pump station. This station will alleviate flows in the existing, undersized storm drain that runs along the toe of the levee and will better protect the downtown area from flooding. While upgrading a storm drainpipe would typically be the applicant’s responsibility, in this case, the pipe would need to be upgraded along several property frontages to function properly, presenting a cost prohibitive burden on this project alone. The City has applied for a FEMA BRIC grant to improve downtown pump station infrastructure that, if awarded, will cover the cost of this stormwater pump station as well as other improvements to existing stormwater infrastructure. The new pump station is in the conceptual stage, and staff anticipates it will take up will occupy a substantial portion of this triangular-shaped City owned land, precluding much of the outdoor improvements proposed by the project in this location. These improvements include an outdoor dining patio for the adjacent restaurant; an upgraded, accessible pedestrian pathway connecting Soquel Avenue to the Riverwalk and to the proposed public plaza adjacent to the new building; new landscaping; trees; public art in the form of artistic light bollards; and an on-site stormwater infiltration area. The pump station may also impact the access to the proposed restaurant at this corner of the building.

Staff recommends that the applicant shall obtain a Minor Modification permit to redesign this area to relocate stormwater and accessibility features elsewhere on the project site and to reduce the dining patio to a size and location that is not expected to interfere with the future pump station..

Once the pump station location and general design is known, the City, in coordination with the applicant, will design and complete improvements to the area around the pump station, such as landscaping, public pathways, and lighting. The City and applicant will also collaborate on expanding the dining patio if such expansion is desired. The Minor Modification and subsequent City-led improvements will be required to be consistent with Downtown Plan development standards that relate to this portion of the project, including those for substantial landscaping and for inclusion of elements that establish this side of the development as a gateway to the Downtown.

The one exception is that the stormwater control measures may require a wall that is slightly taller than what the Downtown Plan would require, which the condition of approval acknowledges. This can be allowed pursuant to Subsection J.1 of Chapter 4 of the Downtown Plan, since the minor change allows for meeting of state stormwater control requirements and the wall supporting the stormwater control measures will continue to serve as a transition between the lower Riverwalk area and the higher plaza area.

HEALTH IN ALL POLICIES:

Health in All Policies (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 three pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all

30.43 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 many rental units affordable to those with low or very low income levels that otherwise would not be able to afford market rate housing. The development is on a site that is improved with sidewalks and street trees and that is close to public transportation, commercial goods and services, and recreational areas. The development of residences in this central location encourages a sustainable and healthy lifestyle by promoting alternative and active forms of transportation. Therefore, the project is consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.

ENVIRONMENTAL DETERMINATION:

The project qualifies for a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA) for minor alterations to land use limitations pursuant to CEQA Guidelines Section 15305, as well as a Class 32 Categorical Exemption from CEQA as an infill development project pursuant to CEQA Guidelines Section 15332 as described in detail in the attached Categorical Exemption Review Memorandum.

FISCAL IMPACT: The applicant has paid fees to compensate for costs associated with staff time processing this application. The project, if approved, will contribute to increased property tax and sales tax revenue to the City, and the project developer will be required to pay City impact fees, generating additional sources for funding of municipal services demanded by the project, the costs of which will generally be offset by the fees and taxes.

Prepared by:

Clara Stanger
Senior Planner
Submitted by:

Lee Butler
Director of Planning and
Community Development
Approved by:

Matt Huffaker
City Manager
ATTACHMENTS:

1. Draft resolution with findings and conditions of approval

2. CEQA Categorical Exemption Review Memorandum

3. Agenda Report for March 2, 2023 Planning Commission Meeting

4. Downtown Plan Development Standards Consistency Analysis

5. Project plans: base density I

6. Project plans: base density II

7. Project plans: base density III

8. Project plans: density bonus I

9. Project plans: density bonus II

10. Arborist report by Kurt Fouts dated March 22, 2022

11. Archaeological report by Evans & De Shazo dated May 14, 2019

12. Geotechnical Investigation by Cornerstone Earth Group dated November 6, 2017

13. Historic Resource Evaluation by Evans & De Shazo dated May 13, 2022

14. Peer Review of Historic Resource Evaluation by Dudek dated July 7, 2022

15. Noise Assessment Study by Edward L. Pack Associates Inc. dated August 24, 2021

16. Stormwater Management Plan by CEA, Inc. dated August 2022

17. Transportation Impact Analysis by Hexagon Transportation Consultants, Inc. dated July 29, 2022

30.44 30
To: Clara Stanger, Senior Planner
City of Santa Cruz Planning and Community Development Department From: Stephanie Strelow, Daniel Hoffman
Subject: 530 Front Street CEQA Categorical Exemption Review Date: March 21, 2023

This memorandum provides a review of the applicability of California Environmental Quality Act (CEQA) Guidelines section 15332, Class 32 categorical exemption (In-Fill Development Projects), to the proposed mixed-use project at 530 Front Street.

I. Background

1. Application No: CP20-0098

2. Project Title: FIVE - 530 Front Street Mixed Use Development

3. Project Location: 514, 516, 518, 514, and 530 Front Street (APNs: 005-151-37, 005-151-44, 005- 151-45 and 005-151-46); see Figure 1.
1 4. General Plan Designation: Regional Visitor Commercial (RVC), Natural Areas (NA)

5. Zoning: Central Business District (CBD) / Floodplain (FP) / Floodplain Overlay (FP-O) A. Project Location
The proposed mixed-use development project is located at 530 Front Street in the City of Santa Cruz (City) on a flat

1.06-acre (45,981-square-foot) parcel. With offsite improvements adjacent to the San Lorenzo River levee and along Soquel Avenue, the project site totals approximately 1.5 acres (64,126 square feet). The project site is located on the eastern side of Front Street, immediately southeast of the intersection of Front Street and Soquel Avenue.

The site is bounded by Soquel Avenue on the north, the San Lorenzo River levee and Santa Cruz Riverwalk on the east, a commercial building on the south, and Front Street on the west.

B. Existing and Surrounding Land Uses
The project site is flat and developed with two commercial buildings and a paved surface parking. The site also contains two small shed structures along its eastern portion. The site contains 38 trees including ornamental 1 All figures are included at the end of this document.

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landscaping trees and native trees planted on the adjacent San Lorenzo River levee, eight of which are heritage trees as defined by the City’s Heritage Tree Ordinance.

The project site is located within a developed, primarily commercial area in the downtown area of Santa Cruz. A residential neighborhood is located east of the Lorenzo River and the project site.

II. Project Description
A. Project Components
The project consists of a Lot Line Adjustment, Nonresidential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height request, Density Bonus request, Revocable License for Outdoor Extension Area, Heritage Tree Removal Permit, and Design Variations to Downtown Plan Development Standards to demolish two existing commercial buildings, reconfigure four lots into one, remove eight heritage trees, and construct a mixeduse building with 276 residential dwelling units (including a 50 percent density bonus) and 6,865 square feet of commercial space on a 1.5-acre development site in the CBD/FP-O/F-P (Central Business District/ Floodplain Overlay/Floodplain) zone district and within the Front Street Riverfront Area of the Downtown Plan. The project would result in an eight-story, approximately 238,980-square-foot mixed-use building consisting of a ground-level garage parking, commercial space, residential lobby, and storage as well as 276 residential units on the proposed 2nd through 8th floors. The project also proposes a rooftop garden and deck space, two private courtyards for residents; an outdoor lounge, public terrace, public courtyard, bocce ball court, and amphitheater would be made available to the public along the project site’s eastern perimeter adjacent to the San Lorenzo River Walkway. The proposed building would occupy a 40,637-square-foot footprint and would be 92.5 feet tall. The roof plan includes locations for future solar panels. Figure 2 presents the project site plan.

The proposed project includes 6,865 square feet of commercial space on the first and second floors, resulting in a net reduction of 10,528 square feet of commercial space on the project site with the demolition of the existing commercial structures, which total 17,393 square feet. The proposed 276 residential units consist of a mix of unit types, including 116 “micro units” (averaging 400 square feet), 53 studio units (averaging 522 square feet), 34 one-bedroom units (averaging 680 square feet), 68 one-bedroom with den units (averaging 765 square feet), and 5 two-bedroom units (averaging 1,018 square feet). Of these units, 37 would be designated as affordable: 28 would be designated as very low-income and 9 would be designated as low-income.

The proposed mixed-use development would provide 181 parking spaces within the ground-level parking garage; of which 3 would be ADA accessible, 7 compact, and 171 equipped with a puzzle lift operation which would allow for three levels of parking on one space. The parking garage would provide 22 electric vehicle (EV) parking spaces, which exceeds the City requirement of 19 EV spaces. The project would also provide 372 Class 1 bicycle parking spaces, including 324 locker storage spaces for residents and 48 spaces enclosed in a bicycle parking room, and 12 Class 2 bicycle parking spaces consisting of six hoop rack spaces outside the Front Street-Soquel Avenue building corner and six hoop racks on the Riverwalk plaza. The proposed bicycle parking exceeds City requirements by 34 spaces. The project would have vehicular access at the southeastern corner of the site, along Front Street.

Vehicles would access the first-floor parking garage via a new curb cut facing Front Street.

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The project would connect to existing City water, storm drain, and sanitary sewer infrastructure. Stormwater would be controlled onsite through various measures including a biofiltration planter, mechanical filtration, and green roofs; overall, the project would lead to a slight decrease in impervious surface on the building site as compared to existing conditions.

The project includes removal of five heritage trees on the building site; three heritage trees adjacent to the building site on the landward side of the San Lorenzo River levee also would be removed for placement of fill as described in Section II.C below. The proposed landscaping plan shows the planting of 18 new trees and creation of approximately 6,120 square feet of total planting area within the project site and 5,490 square feet of planting area within the Santa Cruz Riverwalk, adjacent to the project site.

B. Density Bonus Request
The project includes a density bonus request pursuant to California Government Code sections 65915 – 65918, which was enacted in 1979 to encourage the provision of affordable housing units in the state by offering a combination of benefits to developers. For projects that include the requisite number of affordable housing units, and upon the request of an applicant, cities are required to (i) allow more market rate units to be built than otherwise allowed by the applicable zoning designation); (ii) provide “incentives or concessions,” such as reduced development standards that result in actual and identifiable cost savings for the project; (iii) provide “waivers or modifications” of development standards that would physically preclude the project from being constructed; and (iv) allow reduced parking requirements. Cities are generally obligated to grant a density bonus and incentives, concessions, waivers, or reductions in development standards to the applicant so long as the proposed development complies with the applicable affordability requirements and the waivers or incentives/concessions meet certain standards. Projects that include a specified amount of affordable housing are entitled to a density bonus, even if the density bonus would allow a project to exceed the maximum density under the City’s General Plan and Zoning Code.

The amount of the density bonus is based on the number of affordable units at each income level that are included in a project. To determine whether a project qualifies for a density bonus, the percentage of affordable units is based on the maximum number of units that would be permitted under the City’s zoning code (i.e., the “base density”). Market-rate projects providing certain percentages of affordable units or units at deeper levels of affordability are entitled to an increase in density up to 50 percent of the total number of units that are allowed under the City's Zoning Ordinance, depending on specified percentages and levels of affordability. The density bonus units themselves are not required to be affordable, and pursuant to Section 24.16.250(2) of the Santa Cruz Municipal Code (as well as the State Density Bonus and California case law), “density bonus units shall not be included in the “total units” when determining the number of affordable units required to qualify a housing development for a density bonus.” Thus, by law, the percentages of affordable units that qualify a project for the density bonus are based on the base project only and not the base project plus the density bonus units.

City staff has determined the base density is 184 units that could be developed on the project site under current General Plan 2030 and zoning requirements. With a base density of 184 units, 37 (20 percent) of the residential units would be required to be provided as affordable housing units at the low or very-low income level to meet the City’s inclusionary housing requirements. The project proposes 37 affordable units, of which 28 (or 15 percent of the base density) would be for very-low income households and 9 (or 5 percent of the base density) would be for

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low income households. According to Government Code Section 65915(f)(2), if 15 percent of the total conforming base density is designated very low-income, development projects then qualify for a 50 percent density bonus, which results in addition of up to 92 units for a total of 276 units as proposed by the project.

In addition to allowing more market rate units to offset the cost of providing affordable units, the law also provides a variety of tools that applicants can utilize to make projects physically or more economically feasible, including incentives/concessions and waivers that allow for modification of development standards if those standards would result in “actual and identifiable cost reductions” to the project or that “physically preclude” construction of the density bonus project. The project applicant is allowed to request as many waivers from development standards as needed if the development standard would preclude the density bonus project from being built at the allowed density. In addition, City regulations would also permit the applicant to request up to three “incentives or concessions” with the proposed very-low income affordable units.

The applicant has requested six waivers of development standards, all of which are required to be waived if they preclude project development.

Waiver 1: The project proposes to exceed the Floor Area Ration (FAR) permitted in the General Plan with a proposed FAR of 5.2 instead of the allowed 5.0 FAR.

Waivers 2 and 3: The project proposes to exceed the maximum height 70 feet as required in the RVC zone district and Downtown Plan, with the proposed eight-story building at approximately 92.5 feet in height. The request would result in eight floors instead of six that are permitted in the Downtown Plan. The request also includes increasing the base height of 50 feet and four floors permitted in the Downtown Plan to a 63-foot, 4-inch base height and six floors. Complying with the 70-foot standard would require the building to reduce the number of floors and eliminate a substantial number of residential units. This would physically preclude the construction of the project that would include the number of residential units allowed under the State Density Bonus Law.

Waivers 4 and 5: The project proposes a reduction to setback requirements on its upper levels (stepbacks).

Complying with the setbacks required in the RVC zone district and Downtown Plan would require the building to be increasingly stepped back as the height increases. The project proposes an upper level (7th floor) stepback at a building height elevation of 63 feet from Front Street, whereas the standard is 50 feet; starting at the 7th floor instead of the 5th floor as required. The project also proposes an upper level stepback from the river of 73 feet, whereas the standard is 50 feet, and starting at the 8th floor instead of the 5th floor. Complying with the building setback standards would reduce the volume of the building and eliminate a substantial number of residential units. This would physically preclude the construction of the project that would include the number of residential units allowed under the State Density Bonus Law.

Waiver 6: The project proposes to exceed the top floor area and length as required in the Downtown Plan, which requires that the top floor of any building not exceed 60 percent of the floor area below or 60 percent of the building length as measured along Front Street or the Riverwalk in order to “to promote skyline variation.” The project proposes a top floor area that covers 74 percent of the floor area below, whereas the standard is 60 percent. The project also proposes a top floor length that spans 62 percent of Front Street, whereas the standard is 60 percent. Complying with the top floor area and length standard would

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require the building to reduce floor space of the building and eliminate a substantial number of residential units. This would physically preclude the construction of the project that would include the number of residential units allowed under the State Density Bonus Law.

Pursuant to density bonus state law and the City’s zoning ordinance, the applicant must justify any requested waivers. The City must grant these waivers unless they violate state or federal law, create a specific adverse impact on health and safety or the physical environment that cannot be mitigated, or adversely impact real property listed on the California Register of Historical Resources. The City has no evidence that the waivers requested should not be granted as required by state law. The City agrees that, due to the project’s site constraints, the project cannot be constructed with the additional units required by the density bonus without granting the waivers.

The project does not request any incentives or concessions as permitted by state and local regulations. Although not considered a waiver, incentive or concession, the project has requested a reduced parking requirement of 0.5 spaces per unit as allowed by state density bonus law because the project qualifies for a density bonus and is also within one-half mile of a major transit stop.

C. San Lorenzo Levee / Santa Cruz Riverwalk Improvements The proposed project includes placement of approximately 3,300 cubic yards of engineered earthen fill on the west levee slope along San Lorenzo River east of and adjacent to the eastern boundary of the building site. The fill would result in creation of an elevation that transitions between the existing Santa Cruz Riverwalk and the proposed building as required by the City’s Downtown Plan. The area of fill occurs along approximately 350 linear feet of the landward side of the levee, and three heritage trees would be removed in this area. The filled area would be used to provide public open space adjacent to the Riverwalk as part of the proposed project, including a bocce ball court and amphitheater-style seating. Figure 3 shows the conceptual plan and landscaping for the project site and the levee improvements. This area is zoned Floodplain (FP), which requires a Special Use Permit for a recreational facility. In addition, the Downtown Plan’s Front Street Riverfront includes specific development standards to which this area must be improved as summarized below. The placement of fill also requires approval of a Section 408 Letter of Permission by the U.S. Army Corps of Engineers (USACE).

The proposed levee fill would result in the creation of a widened promenade adjacent to the existing Santa Cruz Riverwalk on top of the levee and is proposed in accordance and consistent with requirements in the City of Santa Cruz Downtown Plan to create a Riverwalk Promenade. The Riverwalk is an important component of the revitalization goals of the Downtown Plan that was amended by the City Council in November 2017. According to the Downtown Plan, the interface between the public Riverwalk and adjacent private development is a vitally important element of the Downtown Plan. The Plan directs that all development shall fill the western slope of the levee (which may include both public and private property) as directed by the City of Santa Cruz and USACE to create a level condition between the Riverwalk and future buildings. The Downtown Plan makes this public objective a mandatory design feature for new development.

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III. Reasons Why Project is Exempt
CEQA provides “categorical exemptions” that are applicable to categories of projects and activities that the California Natural Resources Agency has determined generally do not pose a risk of significant impacts on the environment. The Class 32 categorical exemption is for “infill development” projects that meet the following criteria:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.

The proposed project meets all of the foregoing criteria to claim the application of the infill exemption, as explained below.

A. Consistency with General Plan and Zoning Designations, Policies, and Regulations The project is consistent with the City’s General Plan 2030 land use designations, the Central Business District (CBD) zone district permitted land uses, and all applicable General Plan policies and zoning regulations and development standards as explained below.

General Plan Designations and Policies
The building site is designated Regional Visitor Commercial (RVC) in the City’s General Plan 2030. The RVC designation is applied to areas that “emphasize a variety of commercial uses that serve Santa Cruz residents as well as visitors. Mixed-use development is strongly encouraged in RVC districts.” In the downtown area, the RVC designation specifically “emphasizes a mix of regional office and retail uses, residential and mixed-use developments, restaurants, and visitor attractions such as entertainment venues. The designation also indicates that Downtown Recovery Plan2 provides detailed requirements for this area.” Furthermore, the General Plan allows a floor area ratio (FAR) range of 0.25 to 5.0 for parcels that are designated RVC and are located in the downtown area.
2 The Downtown Recovery Plan (DRP) is now called the Downtown Plan and is referred to as such in this document. The DRP was adopted in 1991 to guide reconstruction after the 1989 Loma Prieta earthquake and provides development standards and guidelines to direct the rebuilding and recovery process. The DRP was adopted as a specific plan (pursuant to California Government Code requirements) to implement policies in the downtown area. Chapter 4 of the Downtown Plan, Development Standards and Design Guidelines, is incorporated by reference in Part 24 of the Zoning Code, the Central Business District (CBD), and the CBD district is part of the LCP implementation regulations. The DRP has been modified several times over the past 25 years with significant amendments adopted in 2017. The amendments approved in 2017 included changing the name of the Plan to “Downtown Plan” since post-earthquake recovery had been achieved and also included revisions to development standards, including provisions for additional height allowances under specified circumstances in the downtown area.

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The area between the building site and the Riverwalk has a General Plan designation of Natural Areas (NA), which provides for “land that should remain in an undeveloped state in order to protect vegetation or wildlife habitat, ensure public safety, or provide for public recreation.” The designation further states that public recreation uses are considered on a case-by-case basis.

The proposed project includes a mix of commercial and residential uses, as well as enhanced amenities along the San Lorenzo River. The project is consistent with mixed-use developments emphasized in the General Plan 2030 for the downtown area.

The project’s base density FAR has been calculated at 3.8, which is within the allowed FAR established in the General Plan. However, as previously indicated, the project involves a Density Bonus request that would require waivers of development standards, and the proposed project with the requested density bonus would result in a building with a FAR of 5.20, which would slightly exceed the General Plan FAR limit in the downtown area.

However, based on court decisions explained below, waivers a city is required to grant for a density bonuseligible project do not result in planning and zoning inconsistencies that disqualify the project from the categorical exemption for infill development, because the mandatory nature of the waivers means that those standards are inapplicable to the project. Thus, the proposed mixed-use project land uses are consistent with the General Plan 2030 land use designation.

The proposed project also is consistent with the policies of the General Plan 2030, including the Housing Element, based on City review explained in the March 2, 2023 Planning Commission staff report, dated February 24, 2023. The consistency review is included in Attachment A of this memo.

Zone District Permitted Uses and Development Regulations The project site is zoned CBD (Central Business District), F-P (Floodplain), and FP-0 (Floodplain Overlay).

Pursuant to Municipal Code section 24.10.2300, the purpose of the CBD zone district is to implement the Land Use Plan, Development Standards, and Design Guidelines of the Downtown Plan, a specific plan. It is intended to refine the Downtown Plan in the area of land use and regulations. It supports the purpose of the Downtown Plan, in the context of the General Plan 2030, which aims to maintain downtown as the urban center of the city with the many functions a city center serves. Pursuant to section 24.10.2301, Chapter 4 of the Downtown Plan, as amended, is adopted by reference in the CBD zone. The policies and regulations set forth in Chapter 4 of the Downtown Plan shall control all uses in the CBD and its four subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; Cedar Street Village Corridor; and North Pacific Area.

The project site is located within the Front Street Riverfront Corridor in the Downtown Plan. According to the Downtown Plan, the Front Street/Riverfront Corridor is intended to allow and encourage “ground-level commercial uses, including destination retail uses, personal service, financial, and office-related uses, are permitted uses along the street. Permitted upper-level uses include office and residential, as well as riveroriented commercial uses connecting to the Riverwalk. The Downtown Plan indicates that this mix of uses “serves to reinforce the downtown as a place to live, shop and work; as well as enhances the pedestrian environment and feeling of security along the river.” The Downtown Plan requires at least 60 percent of the square footage of development within this area (not including parking) to be provided in residential uses (City of Santa Cruz 2020b).

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The project site is located within “Additional Height Zone B,” which allows building heights to 70 feet with specified development standards. The granting of additional height is discretionary and requires a Design Permit with the recommendation of the Planning Director to the City Council, which must approve the additional height. Projects that qualify for a density bonus as allowed under either State law or City-adopted density bonus ordinance are eligible for the additional height increase. It also is noted that the Downtown Plan indicates that projects that closely conform to the development standards, but with slight variations may be considered upon demonstration that the resulting project will better achieve stated Plan and community objectives. Such variations shall be minor in nature and must receive a positive recommendation from the Planning Director, with final approval by the City Council (section J.1).

The proposed project is consistent with the allowed uses outlined in Table 4-1 of the Downtown Plan and with the overarching objectives of the Downtown Plan, although the building height exceeds height limits in the Plan.

As described above in Section II.B, the project applicant is requesting six waivers to allow additional building height, reduced setbacks, and an increased top floor area to accommodate the proposed density bonus. These waivers are required because the applicant has shown that applicable zoning development standards would physically preclude the construction of the number of residential units allowed under the State Density Bonus Law. Chapter 24, Part 3 of the Municipal Code governs the City’s density bonus provisions. Pursuant to section

24.16.200, the purposes of Part 3 of this chapter are: (1) to provide incentives for the production of housing for very-low-income, low-income, moderate-income, and senior households; (2) to provide incentives for the creation of rental housing serving lower-income households; (3) to provide incentives for the construction of childcare centers serving very-low-, low-, and moderate-income households; and (4) to implement California Government Code sections 65915, 65915.5, 65915.7, and 65917 as required by Government Code section 65915(a). In enacting this part, it is also the intent of the City to implement the goals, objectives, and policies of the General Plan 2030 Housing Element to encourage the construction of affordable housing in the City. Further, it is the intent of the City to encourage the development of rental housing in order to serve an economically diverse community and to mitigate the trend, as documented in the General Plan 2030 Housing Element, that only limited rental unit development occurs without public assistance.

The maximum height of buildings within the Front Street/Riverfront Corridor of the Downtown Plan is 70 feet.

However, California State Density Bonus Law and the City’s corresponding Density Bonus Ordinance provide tools to incentivize affordable housing and/or deeper levels of affordability. One incentive is that applicants can utilize a waiver or modification to development standards if those standards would “physically preclude” construction of the density bonus project. For the proposed project, the applicant is requesting a waiver to the district height standard to allow for additional stories, with the highest point of the building proposed at approximately 89 feet.

The setback requirement for upper levels (stepbacks) within the Front Street/Riverfront Corridor of the Downtown Plan is at the base height of 50 feet of building height as measured from the Front Street grade. The project proposes an increased base height with an upper level stepback of 63 feet along Front Street and 73 feet along the riverfront. The project proposes another waiver to exceed the top floor area and length as required in the Downtown Plan. The project proposes a top floor area that covers 74 percent of the floor area below, whereas the standard is 60 percent. The project also proposes a top floor length that spans 62 percent of Front Street, whereas the standard is 60 percent. These waivers allow exceptions to development guidelines

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that would otherwise physically preclude the construction of the project as allowed under the State Density Bonus Law.

With the exception of these requested waivers, the project is consistent with all the CBD zone district requirements and Downtown Plan development standards and with development standard variations allowed by the Downtown Plan based on City review explained in the March 2, 2023 Planning Commission staff report, dated February 24, 2023. The consistency review is included in Attachment A of this memo.

The court decision in Wollmer v. City of Berkeley expressly held that the waivers a city was required to grant for a density-bonus-eligible project did not result in planning and zoning inconsistencies that disqualified the project from the categorical exemption for in-fill development, because the mandatory nature of the waivers meant that those waived standards were inapplicable to the project. The Court found that “taking these laws together as they operate in the context of a density bonus project, it is clear that the waived zoning standards are not “applicable” and that the requirements of Guidelines section 15332, subdivision (a) were met.” Therefore, based on the City’s analyses and the Wollmer decision, the project is consistent with the zone district designation and all applicable zoning regulations, as well as the General Plan 2030 land use designation and applicable policies.

The project site also is zoned FP-O; new construction within the FP-O zone is subject to regulations in Part 4 of Chapter 24.14 of the City’s Municipal Code. The purpose of this overlay zone is to minimize public and private losses due to flood conditions in flood hazard areas through regulations. The site is in FEMA Flood Zone A99, which is an area with a one-percent annual chance of flooding that will be protected by a federal flood control system where construction has reached specified legal requirements. The City of Santa Cruz has worked to improve the flood capacity of the San Lorenzo River levees over the past twenty years. In 2002, FEMA redesignated much of the downtown and beach area from A-11 to the A-99 Flood Zone designation in recognition of the significant flood improvements resulting from the San Lorenzo River Flood Control and Environmental Restoration Project. As reported in the General Plan 2030 EIR, the project increased the height of the river levees and rehabilitated the three downtown bridges (over the San Lorenzo River) to increase flood flow capacity. Under the A-99 designation, new buildings and improvements are not mandated to meet FEMA flood construction requirements and are exempt from the floodplain management requirements of Zoning Ordinance Chapter 24.14, Part 4.

Furthermore, according to the Downtown Plan, new development projects constructed along this portion of the FEMA floodplain shall be designed to create a positive connection with the San Lorenzo Riverwalk. The FEMA guidelines define construction treatments for various uses within the floodplain (City of Santa Cruz 2020b).

The portion of the project site between the east side of the building site and the San Lorenzo River is zoned FP. This area is proposed to be improved with the public extension area connecting the development to the Riverwalk. The F-P zone district allows a public recreation use with approval of a Special Use Permit and Design Permit. The project is consistent with the findings for these permits and with the development standards of the F-P zone district, which includes requirements that the project provide a plan for the proposed fill and that an environmental assessment is completed to minimize hazards to public health and safety.

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B. Project Site Size and Surroundings
The 1.5-acre development site, which includes offsite improvements (the area of fill placement on the landward side of the adjacent San Lorenzo River levee and improvements along Soquel Avenue), is entirely located within City of Santa Cruz limits and is less than five acres in size. The project site is surrounded by developed urban commercial uses on the north, west, and south. The project is bordered by the Santa Cruz Riverwalk and San Lorenzo River on the east; urban commercial and residential developments exist to the east of the river. Thus, the project site is substantially surrounded by urban uses.

CEQA does not provide a definition of “urban uses” that must be found to substantially surround a project in order to qualify for the exemption in CEQA Guidelines section 15332. However, the project site is within the downtown area of the City, and both the downtown and the City are characteristic of a densely populated area. In addition, the CEQA Guidelines section 15194, which addresses an exemption for affordable housing, includes a requirement that the project be located within an “urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile.” Although the proposed project does not meet other requirements for use of the affordable housing exemption in section 15194, and therefore the City has not claimed that exemption is applicable to the proposed project, it is noted that the City’s 12.7 square miles supports a population of 5,045 persons per square mile, which is consistent with the definition of urban area presented in this section of the CEQA Guidelines. CEQA Guidelines section 15387 also defines “urbanized area” as a city or group of contiguous cities with a population of 50,000 or more and having a population density of at least 1,000 persons per square mile, and the City also meets this definition, Therefore, the proposed development occurs within City limits on a project site of no more than 5 acres and is substantially surrounded by urban uses.

C. Project Site Habitat Value
The project site is developed with two commercial buildings and a paved surface parking lot. The site also contains two small shed structures along the eastern portion of the site. The site contains 38 trees including ornamental, landscape trees on the development site and native trees that were planted on the landward slopes of the adjacent San Lorenzo River levee. Eight of the trees are heritage trees as defined by the City’s Heritage Tree Ordinance. The project site is not located within mapped areas of potential sensitive habitat as depicted in the City’s General Plan on maps developed for the City’s General Plan 2030 and included in the General Plan EIR, but is adjacent to sensitive riparian habitat along the San Lorenzo River that is within the existing levees (City of Santa Cruz 2012a, DEIR Figure 4.8-3).

A database search and biological review, including site visit, were conducted to determine whether any rare, threatened, or endangered species are known to occur on or adjacent to the site or have the potential to occur on the project site. The review included the California Natural Diversity Data Base (CNDDB) maintained by the California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC) database, and the California Native Plant Society Rare Plant Inventory. The review did not identify any special-status plant or wildlife species occurring on or near the site, and concluded that there is no potential habitat to support special-status species on the project site (Dudek 2023a). Therefore, the project site has no value as habitat for rare, threatened, or endangered species.

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It is noted that eight heritage trees would be removed, but given the review of potential threatened or endangered species, tree removal would not affect habitat for special-status species. The potential for disturbance to nesting birds protected under state and federal regulations is discussed below in Section IV.C.

D. Significant Effects Relating to Traffic, Noise, Air Quality, or Water Quality Traffic
Vehicle Miles Traveled. In December 2018, the California Natural Resources Agency certified and adopted an update to the CEQA Guidelines, including the new CEQA Guidelines section implementing Senate Bill (SB) 743.

SB 743 and the CEQA Guidelines state that level of service (LOS) (i.e., congestion) will no longer be considered to be an environmental impact under CEQA and that vehicle miles traveled (VMT) is the most appropriate measure of transportation impact. Cities were required to adopt new thresholds and/or procedures related to VMT by July 2020.

In accordance with the amended CEQA Guidelines, the City has transitioned from intersection LOS formerly used for traffic impact analyses to VMT as the metric for determining potentially significant impacts. The City adopted a VMT transportation threshold on June 9, 2020 in accordance with CEQA and state requirements.

The threshold generally establishes that a project exceeding a level of 15 percent below the Countywide average VMT may result in a significant transportation impact.

The City’s SB 743 Implementation Guidelines (City of Santa Cruz 2022a) to determine whether a land use project is within the VMT threshold includes a screening process in which situations are identified under which projects are determined to not have a significant impact and further VMT analysis is not required. The guidelines require that each distinct land use for a mixed-use project be analyzed separately unless they are determined to be insignificant to the total VMT. The guidelines also state that housing projects are expected to cause a lessthan-significant impact on VMT if a high percentage of the project is affordable, as determined by the City.

Furthermore, projects, or portions of a project, that meet the screening criteria do not require a CEQA transportation analysis, and such projects, or portions of a project, will have a non-significant CEQA transportation impact based on their project location and characteristics.

According to the City’s guidelines, projects that would not be expected to result in a significant VMT impact and that are screened out from further transportation impact review include:
• Small projects that generate fewer than 110 trips per day; • Projects near high-quality transit: within one-half mile of a major transit stop or a high-quality transit corridor with a combined service interval frequency of 15 minutes or less during the AM and PM peak hours3;
• Local-serving retail (less than 50,000 square feet) projects; • Projects with a high percentage of affordable housing is provided as determined by the City of Santa Cruz;
3 The CEQA Guidelines indicate that, generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less-than-significant transportation impact.

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• Local essential services, which includes daycare centers and libraries; • Map-based screening; and
• Redevelopment projects that do not result in a net increase in VMT.

The proposed project is located in a “VMT Efficient Area” based on the “Santa Cruz County Residential Screening Map.” This means that based on the VMT per capita threshold set by the City and County, the proposed project is located in an area that produces VMT per capita that is at least 15 percent below the countywide average, and therefore is below the City’s adopted VMT impact threshold. Additionally, each of the project elements can use the screening criteria in the City’s SB 743 Implementation Guidelines as follows. • Projects near High-Quality Transit: This screening criterion is met as the proposed project is within onehalf mile of a high-quality transit stop as defined by California Public Resources Code section 21064 (Santa Cruz Metro Center). The project site is approximately 600 feet north of a major transit stop (Santa Cruz Metro Station).
• Local-Serving Retail: This screening criterion covers the proposed commercial space. According to the City’s VMT Implementation Guidelines, retail development less than 50,000 square feet can be considered local-serving retail. The policy states that local-serving retail development would have a less-thansignificant impact on VMT. The project proposes to demolish 17,393 square feet of existing retail space and replace that space with 6,865 square feet of ground-level retail space. Therefore, the project would in a net reduction of 10,528 square feet of commercial retail space, considered to be local-serving commercial uses.
• Affordable Housing: This screening criterion is met as the proposed project proposes 37 affordable units, of which 28 would be for very-low income households. The City considers these affordable units, especially the 28 units for very-low income households to be substantial in helping meet the City’s Regional Housing Needs Allocation (RHNA) for this income group. Although the City is on target to meet its 5th Cycle RHNA, the City’s 6th Cycle RHNA increased substantially, and the very-low Income unit allocation has been the most difficult for the City to achieve. The project proposes 37 affordable units, of which 28 would be for very-low income households. This number of very-low income units would help the City meet its RHNA target for that category.

The project traffic study also identified the VMT for the residential portion of the project. For residential projects, a significant transportation impact can occur if VMT exceeds both 85 percent of the existing VMT threshold per capita for the City and the County. The traffic study states that the City’s daily VMT per capita is

11.04 and the County’s daily VMT per capita is 15.41. The study concludes that because the City’s daily VMT per capita is less than 85 percent of the County’s daily VMT per capita, it can be assumed that the residential portion of the project will have a less than significant impact on VMT. Furthermore, as discussed above, because the project also is located within one-half mile of a major transit stop and the project’s per capita VMT also is below the City’s threshold, the project would result in a less-than-significant impact related to traffic (Hexagon Transportation Consultants 2022).

For all of the foregoing reasons, the VMT for the proposed project is determined to be less than significant in accordance with the adopted City guidelines. Thus, the project would not result in a significant impact related to VMT based on the City’s adopted threshold and would not conflict or be inconsistent with CEQA Guidelines

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section 15064.3 (City of Santa Cruz 2022c). Furthermore, the proposed project includes provision of bicycle parking storage lockers in excess of City requirements (34 spaces in excess of City requirements), which could further reduce VMT by one percent (City of Santa Cruz 2022).

It is also noted that the City’s guidelines follow the guidance of and are consistent with the State’s guidelines for evaluation of transportation and VMT impacts (California Office of Planning and Research 2018), which found that adding affordable housing to in-fill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT, and in areas where the existing jobs-housing match is closer to optimal, low-income housing nevertheless generates less VMT than market-rate housing. In addition, a project consisting of a high percentage of affordable housing may be a basis for the lead agency to find a less-thansignificant impact on VMT, and evidence supports a presumption of less than significant impact for a 100- percent-affordable residential development (or the residential component of a mixed-use development) in in-fill locations (California Office of Planning and Research 2018).

Other Transportation Impacts. The City did not identify any other significant transportation-related effects resulting from the proposed project, including conflicts with transportation policies. The project site is located in proximity (less than one-half mile) to bus stops and the Santa Cruz Metro Center, thus facilitating transit use.

The project includes frontage and sidewalk improvements as well as 372 bicycle parking spaces which, as indicated above, exceeds City requirements for bicycle lockers by 22 spaces for private bike storage, which serve to facilitate and enhance pedestrian and bicycle travel. The General Plan 2030 includes goals, policies, and actions that set forth comprehensive measures to reduce vehicle trips, increase vehicle occupancy, encourage use of alternative transportation modes, and promote alternative-sustainable land use patterns, all of which would help reduce vehicle trips, and avoid and minimize adverse impacts related to traffic. Thus, the project is consistent with General Plan 2030 policies that promote non-automobile transportation.

The General Plan 2030 strives to maintain the established LOS D or better at signalized intersections (M3.1.3).

Level of service is typically used to evaluate traffic operations, in which operating conditions range from LOS “A” (free-flowing) to LOS “F” (forced-flow). The General Plan 2030 also accepts a lower LOS and higher congestion at major regional intersections if necessary improvements would be prohibitively costly or result in significant, unacceptable environmental impacts (M3.1.4). Although LOS is no longer used as metric for determining significance of transportation impacts under CEQA, a traffic impact study was prepared for the project in accordance with City requirements. The study found that the intersection LOS analysis results show that all study intersections would operate at an acceptable LOS established in General Plan 2030 policies during both AM and PM peak hours under “existing plus project” conditions (Hexagon 2022), and thus, the project would not result in traffic levels which would conflict with City LOS policies. The proposed project is also located in proximity to pedestrian, bicycle, and transit facilities, which could be used for some of the project’s daily trips, including the multi-use path, the Santa Cruz Riverwalk, on the San Lorenzo River levee adjacent to the project site.

Noise
The proposed project would not result in a substantial increase in permanent noise levels. The project would include mixed-use residential and commercial development with predominantly residential uses. Residential

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land uses would not be associated with activities that would typically generate substantial permanent increases in ambient noise levels.

The project would result in a minor traffic increase over existing conditions (approximately 580 daily and 40-55 peak hour trips (Hexagon 2022), but this amount of increased trips would not be of a magnitude to affect ambient noise levels or result in a substantial increase in ambient noise levels. Rooftop mechanical equipment would be set back 25 feet from the edge of the building. In addition, Municipal Code Section 9.36.010 prohibits offensive noise between the hours of 10 PM and 8 AM and Section 9.36.020 prohibits unreasonably disturbing noises. Furthermore, Section 24.14.260 prohibits increases of sound levels above five dBA (A-weighted decibels) above the local ambient noise level on a residential property. These regulations are intended to prevent substantial increases in ambient noise levels, and the proposed project would be subject to compliance. There are two residential apartments adjacent to the project site to the south, which would be considered sensitive noise receptors. However, with compliance with City regulations, the project would not result in substantial increases in ambient noise. The project site is located within an area within the 60-dBA noise contour for both existing and future (i.e., 2030) conditions (City of Santa Cruz 2012b, Figures 4.13-1 and

4.13-2), and the General Plan 2030 indicates that exterior noise levels to 65 dBA are normally acceptable for multi-family development.

There would be a temporary increase in existing noise levels during project grading and construction. Noise levels resulting from construction would depend on the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive receptors, as well as existing ambient noise levels. Noise generated during construction would vary throughout the construction period and on any given day, depending on the construction phase and the type and amount of equipment used at the construction site. The highest noise levels would be generated during grading of the site, with lower noise levels occurring during building construction and finishing. However, construction sound levels would be intermittent and varied through a single day as well as throughout the duration of project construction, and construction noise levels would decrease with distance from the construction site. There are two residential apartments adjacent to the project site to the south, which would be considered sensitive noise receptors. However, overall, construction noise levels would be temporary and short-term, and would fluctuate throughout the construction period with the construction activities producing higher noise levels occurring earlier in the construction phase. Therefore, construction noise would not result in substantial increases in temporary noise levels or result in a significant impact to sensitive receptors.

The proposed project does not include any uses or construction methods that would result in generation of groundborne vibration. Potential vibration levels associated with construction are not expected to exceed thresholds for human annoyance or for damage to “normal dwelling houses,” and the project is not located adjacent to or in proximity to sensitive receptors. Thus, the project would not result in a significant impact related to groundborne vibration.

Furthermore, a noise assessment study was performed for the project, which evaluated project occupant exposure to noise compared to standards in the City’s General Plan 2030 and California Code of Regulations, Title 24, and the CALGreen Non-Residential Mandatory Measures of Title 24. While exposure to noise is not an impact under CEQA, the study concludes that the project’s exterior common areas would be exposed to noise

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levels that are within the 65-decibel (dB) day-night level (DNL) average sound level limit set by the City’s General Plan; therefore, the study does not provide further design or construction recommendations to manage exterior noise levels (Edward L. Pack Associates, Inc. 2021). The study also evaluates levels of interior noise exposure for the project and concludes that interior noise levels could exceed City and California standards of 45 dB DNL by up to 10 db and provides interior design recommendations for the project to achieve compliance with this standard. Implementation of these design recommendations would be required as a condition of approval prior to issuance of the project’s building permit. Therefore, the project would not result in any significant effect related to noise.

Air Quality
Criteria Air Pollutant Emissions. The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to estimate criteria air pollutant emissions generated during construction and operation of the proposed project. CalEEMod is a statewide computer model developed in cooperation with air districts throughout the state to quantify criteria air pollutant emissions associated with construction activities from a variety of land use projects, such as residential, commercial, and industrial facilities. A construction assumptions scenario was developed based on the best available information known and provided by the applicant. Key construction assumptions include phase types, phase timing and duration, off-road equipment use (e.g., type, quantity, and hours of operation per day), number of vehicle trips (e.g., haul trucks, vendor trucks, and worker vehicles) and trip distance, ground disturbance acreage, amount of demolition debris, and paving area.

Emissions of criteria air pollutants associated with construction and operation of the proposed project based on the CalEEMod results are shown on Tables 1 and 2. As shown, maximum daily emissions would not exceed the applicable Monterey Bay Air Resources District (MBARD) significance thresholds (MBARD 2008) related to air quality. Therefore, project air pollutant emissions would during both construction and operations would result in a less-than-significant impact as all emissions levels would be substantially below MBARD thresholds.

Table 1. Estimated Maximum Daily Construction Criteria Air Pollutant Emissions Year
ROG NOx CO SOx PM10 PM2.5
pounds per day
2024 24.93 33.70 46.53 0.10 3.79 2.00
2025 3.69 27.69 40.60 0.09 3.11 1.59
Maximum Daily
Emissions

24.93 33.70 46.53 0.10 3.79 2.00
MBARD Threshold N/A N/A N/A N/A 82 N/A
Threshold
Exceeded?
N/A N/A N/A N/A No N/A
Notes: CO = carbon monoxide; MBARD = Monterey Bay Air Resources District; N/A = not applicable; NOx = oxides of nitrogen; PM10 = coarse particulate matter; PM2.5 = fine particulate matter; ROG = reactive organic gases; SOx = sulfur oxides.

The values shown are the maximum summer or winter daily emissions results from CalEEMod.

Emissions thresholds are included in MBARD’s CEQA Air Quality Guidelines (2008).

CalEEMod model results are on file with the City of Santa Cruz Planning and Community Development Department.

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Table 2. Estimated Maximum Daily Operational Criteria Air Pollutant Emissions Emission Source
ROG NOx CO SOx PM10 PM2.5
pounds per day
Project
Area 5.61 0.26 22.75 <0.01 0.13 0.13
Energy 0.08 0.69 0.33 <0.01 0.06 0.06
Mobile 3.99 4.54 36.35 0.06 6.29 1.71
Total 9.67 5.49 59.44 0.06 6.47 1.89
Existing
Area 0.46 0.00 0.00 <0.01 <0.01 <0.01
Energy 0.05 0.44 0.37 <0.01 0.03 0.03
Mobile 1.86 1.84 13.76 0.02 1.66 0.46
Total 2.37 2.27 14.13 0.02 1.70 0.49
Net Change in Emissions
Net Change (Project – Existing) 7.31 3.21 45.31 0.04 4.77 1.40 MBARD Threshold 137 137 550 150 82 N/A
Threshold Exceeded? No No No No No N/A
Notes: CO = carbon monoxide; MBARD = Monterey Bay Air Resources District; N/A = not applicable; NOx = oxides of nitrogen; PM10 = coarse particulate matter; PM2.5 = fine particulate matter; ROG = reactive organic gases; SOx = sulfur oxides.

The values shown are the maximum summer or winter daily emissions results from CalEEMod.

Emissions thresholds are included in MBARD’s CEQA Air Quality Guidelines (2008).

CalEEMod model results are on file with the City of Santa Cruz Planning and Community Development Department.

Air Quality Management Plan. Potential conflicts with the MBARD’s Air Quality Management Plan (AQMP) also were considered using guidance set forth by the MBARD’s CEQA Guidelines (MBARD 2008). A consistency determination is a process by which the lead agency demonstrates that the population associated with a proposed project is accommodated by the Association of Monterey Bay Area Governments’ (AMBAG’s) regional forecasts. AMBAG’s regional forecasts for population and dwelling units are embedded in the emission inventory projections used in the regional AQMP.

For population-related projects, the MBARD developed a procedure that compares existing, under-construction, and approved residential dwelling units with AMBAG’s housing unit forecast for a jurisdiction, as dwelling units are closely related to population and can be tracked within local jurisdictions; therefore, the number of dwelling units is used as the method for determining consistency with the AQMP. Consistency of indirect emissions associated with commercial, industrial, or institutional projects intended to meet the needs of the population as forecast in the AQMP is determined by comparing the estimated current population of the county in which the project is to be located with the applicable population forecast in the AQMP. If the estimated current population does not exceed the forecasts, indirect emissions associated with the project are deemed to be

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consistent with the AQMP. Projects which are consistent with AMBAG’s regional forecasts have been accommodated in the AQMP and are therefore consistent with the AQMP (MBARD 2008).

The MBARD’s most recent 2015 AQMP utilized AMBAG’s 2014 Regional Growth Forecast. The City had 24,250 existing dwelling units as of January 1, 2022 (California Department of Finance 2022), and approximately 1,711 residential units are under construction or have been approved throughout the City, including residential development at the University of California Santa Cruz (UCSC)4. With the addition of these units, the City’s housing units would total 25,961 dwelling units. That number would increase to 26,237 dwelling units with the addition of the proposed project, which is below the AMBAG Regional Growth Forecast of 28,297 dwelling units for the year 2030 that were factored into the AQMP. Similarly, City population with the proposed project and other approved and under-construction housing units would total 70,838, which is below the AQMP forecast of 73,375 in the year 2030, and thus, the non-residential components of the proposed project, which are intended to serve the local population, would be consistent with the AQMP. Therefore, the proposed project would be consistent with the AQMP, and would not conflict with or obstruct implementation of the AQMP.

Water Quality
The proposed project does not involve any discharges that would violate any water quality standards or waste discharge requirements. The City has developed a Storm Water Management Program (SWMP) in order to fulfill the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4) (General Permit) and to reduce the amount of pollutants discharged in urban runoff. In compliance with the regulations, the City’s comprehensive SWMP is designed to reduce the discharge of pollutants and to protect water quality. The City also adopted an ordinance for “Storm Water and Urban Runoff Pollution Control” (Chapter 16.19 of the Municipal Code), as part of its SWMP. The ordinance identifies prohibited discharges and required Best Management Practices (BMPs) for construction and new development. City regulations (Municipal Code section

16.19.140) require that any construction project, including those undertaken under any permit or approval granted pursuant to Titles 15 (Streets and Sidewalks), 18 (Buildings and Construction), and 24 (Zoning) of the Municipal Code, shall implement BMPs including the City’s mandatory BMPs as detailed in the latest BMP manual published by the City’s Public Works Department. The City’s BMP manual requires the project to include a structural or treatment control BMPs, or a combination of BMPs, to reduce potential pollutant loadings in storm water runoff to the maximum extent practicable.

A stormwater management plan (SWMP) has been prepared for the project that details drainage features to collect and treat stormwater runoff. The project proposes to install a bioretention area and mechanical filtration system and would be designed so that stormwater would collect into this system. Stormwater would be filtered through this system before it is discharged from the site. The plan indicates that the majority of the site, where the building is proposed, would be treated by mechanical filtration. The building proposes four rooftop garden 4 Residential projects at UCSC are primarily student housing projects, and there is one approved employee housing project. In general, part-year student housing is considered group quarters and year-round faculty / student family housing is counted as housing units (AMBAG 2022). For the 2014 regional growth forecast used in the AQMP, University population and housing projections were completed separately from jurisdiction population projections (AMBAG 2014). For the purpose of this review and in accordance with current AMBAG guidance, approved employee housing is considered as housing units, and student housing is considered group quarters and is not included as housing units, but the population accommodated by new student housing is included in the population estimates.

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areas and first floor landscape areas which would collect stormwater for mechanical filtration. Furthermore, areas along the Santa Cruz Riverwalk, adjacent to the San Lorenzo River, would be self-treated; a bioretention planter is also proposed at the project’s northwest corner, along the Riverwalk, which stormwater would be directed to. The plan also indicates that the project would result in a slight increase in impervious area by approximately 3,973 square feet, primarily due to improvements within the proposed levee fill area adjacent to the Santa Cruz Riverwalk and in the Soquel Avenue right-of-way. The proposed project’s parking garage would eliminate the existing surface parking lot, which would reduce conveyance of urban pollutants typically found in parking lots into the City’s storm drain system. The SWMP is subject to review and approval by the City’s Public Works Department, which has found that the project is in compliance with stormwater management and treatment provisions included in City regulations with conditions of approval to ensure compliance with regard to levee pathway paving and runoff from sidewalk and turn lane improvements. Thus, the proposed project would not alter existing drainage patterns, and operations would not result in a significant impact.

Construction activity on projects that disturb one or more acres of soil must obtain coverage under the State’s General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation. The Construction General Permit requires the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP is required to list BMPs that the discharger will use to protect stormwater runoff. Proposed grading and development on the project site would disturb more than 1 acre and, thus, the project would be subject to the Construction General Permit and preparation of a SWPPP, which would set forth measures to prevent erosion and protect water quality during construction.

Compliance with regulations contained in the City’s Municipal Code regarding implementation of stormwater BMPs, grading requirements and implementation of erosion control plans (Chapters 16.19 and 18.45 and section 24.14.060), as well as preparation and implementation of a SWPPP during construction, would avoid/minimize potential storm runoff water quality impacts.

E. Utilities and Public Services
The project site is in an urban area and is currently served by public utilities and services for water, wastewater, gas, electricity, solid waste, and stormwater drainage. The proposed mixed-use project will continue to be served by existing utilities and service providers. Except for gas and electricity, all public services and utilities are provided by the City. Based on reviews by staff in City departments, the site can be adequately served by all required utilities and public services.

The City has identified an existing and cumulative stormwater conveyance/capacity issue in the downtown area and is proposing a new pump station to address this issue and to ensure adequate stormwater conveyance capacity for a five-year storm event in the downtown. The project can be adequately served by existing utilities with future construction of the City’s planned pump station. Until it is constructed, the project would contribute to existing stormwater flows that result in periodic surcharging and localized flooding, but this is not considered substantial given the minor increase in impervious surfacing resulting from the proposed project.

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IV. Exceptions to Categorical Exemptions
The City has further considered whether the project is subject to any of the exceptions to the use of a categorical exemption found at CEQA Guidelines Section 15300.2. This section prohibits the use of categorical exemptions under the following circumstances:
(a) for certain classes of projects (not the Class 32 infill exemption) due to location; (b) when the cumulative impact of successive projects of the same type in the same place, over time, is significant;
(c) where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances;
(d) where the project may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway;
(e) where the project is located on a state designated hazardous waste site; and (f) where the project may cause a substantial adverse change in the significance of a historical resource.

A. Location
As noted above, section 15300.2(a) does not apply because the Class 32 category of this project is not excluded on the basis of location.

B. Cumulative Impacts
Under CEQA Guidelines section 15300.2(b), a categorical exemption shall not be used when the cumulative impact of successive projects of the same type in the same place, over time is significant. There is no specific time requirement for the consideration of cumulative impacts “over time.” However, CEQA requires a lead agency to consider cumulative impacts from “reasonably foreseeable” projects (CEQA Guidelines section 15355(b)).

Successive projects of the same type in the same place on the proposed project development site have not been approved or proposed. Furthermore, once the construction of the proposed project is complete, there would be no available space on the site for future development. However, the City is proposing a new stormwater pump station to address an existing cumulative stormwater issue and to ensure adequate stormwater conveyance capacity in the downtown. A feasibility study prepared for the City identifies a preferred location for a new pump station at the southeast corner of the Front Street/Soquel Avenue intersection (City of Santa Cruz 2022a). The City proposes inclusion of the new pump station in the City’s upcoming Fiscal Year 2024 Capital Improvement Program. The project has not yet been designed, although a conceptual layout was included in the City’s feasibility study. Much of the facility would consist of below-ground pipes and appurtenances with small above-ground control facilities. The above-ground facilities would occur in the northeastern portion of the project site in the area of the proposed fill of the landward side of the levee that will be completed with the proposed project. The new pump station would be designed to address issues of levee stability and placement of a new stormwater discharge into the San Lorenzo River, and thus, would not result in significant impacts related to levee stability and water quality. Therefore, there are no known significant cumulative impacts that would occur as a result of construction of a future stormwater water pump in

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combination with construction of the proposed mixed-use development project. However, CEQA review would be required once the project is designed and proposed for construction; applicable permits from regulatory agencies also would be required.

There are a number of other mixed-use and residential projects in the downtown area that have been approved or are under construction in proximity to the proposed project and within the downtown area as defined by the boundaries in the Downtown Plan. The geographic scope of the cumulative impact exception is clearly narrower than for projects for which an EIR is prepared, due to the more restrictive language of the potential exception (“projects of the same type in the same place”). However, notwithstanding the narrower scope of the exception, cumulative impacts from other projects similar to the proposed project that are located in vicinity of the proposed project or within downtown were fully considered.

There are three mixed-use projects under construction and three other approved mixed-use projects within the vicinity of the proposed project. All projects include ground-floor commercial uses with residential uses on the upper floors, and one project also includes a public transit facility and offices. Thus, these projects are similar to the proposed project and would result in construction of 641 residential units with ground-floor commercial uses.

However, there would be a net reduction of approximately 52,500 square feet of non-residential commercial and office space due to demolition of existing commercial buildings to accommodate the new mixed-use projects. These other downtown area projects also are expected to be constructed within the same general 2- to 5-year timeframe as the proposed project with construction completion by the year 2030.

The General Plan 2030 EIR considered potential new housing units and non-residential uses in the City that could be accommodated by the General Plan 2030 with an estimated buildout of 3,350 new residential units and approximately 1,090,000 square feet of commercial uses throughout the City by the year 2030 (City of Santa Cruz 2012b, DEIR volume-page 3-13). The proposed project is located within the “River/Front” neighborhood area that was identified in the General Plan 2030 EIR for the purposes of evaluating potential growth. The General Plan 2030 EIR identified additional development in the downtown neighborhood to include 299 residential units, approximately 38,900 square feet of commercial space, approximately 4,500 square feet of office space, and 82 hotel rooms. In addition to the “Downtown” neighborhood area, the downtown area located along the San Lorenzo River east of Front Street is located in the “River/Front” neighborhood in the General Plan 2030 EIR, for which potential future development was estimated at 337 residential units and approximately 70,000 and 91,600 square feet of commercial and office space, respectively. Additional potential future development within the area covered in the Downtown Plan also was considered with amendments to the Downtown Plan that were approved in 2017 to include a net increase of 711 residential units, approximately 2,200 square feet of office space, and a decrease in commercial space of approximately 14,700 square feet as evaluated in the Downtown Plan Amendments EIR.

Taken together, potential future development in the downtown area considered in the General Plan and Downtown Plan Amendments EIRs was estimated at 1,347 housing units and approximately 205,053 square feet of nonresidential commercial and office space. It is noted that these potential development numbers in the General Plan 2030 and Downtown Plan Amendments EIRs were estimates developed for the purpose of completing environmental analyses, but were not adopted as caps or development limits.

Since adoption of the General Plan 2030, approximately 1,200 residential units have been constructed or approved in the “Downtown” and “River/Front” neighborhoods, which include the area within the Downtown Plan, and there

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has been a net reduction of approximately 3,300 square feet of non-residential space. With the proposed project, cumulative residential units in the downtown area would total 1,476 units, which exceeds the total number of residential units considered for development (1,347 units) in the General Plan 2030 and Downtown Plan Amendments EIRs by approximately 130 units. However, this estimated cumulative downtown development along with other City-approved and under construction residential projects would be within development estimates considered in the City’s General Plan 2030 EIR. Additionally, with the proposed project, approved and constructed cumulative non-residential development in the downtown area, would have a net decrease in non-residential space of approximately 1,850 square feet.

It is noted that there is one pending mixed-use development project in the downtown area that has not been approved, but is scheduled for hearings in February and March 2023, and thus is considered reasonably foreseeable. If approved, this project, the Downtown Library and Affordable Housing Project (DLAHP), would include 124 affordable residential units and approximately 46,000 square feet of non-residential space that consists primarily of a new public library. With this pending project, while total residential units considered in the analyses in the General Plan 2030 and Downtown Plan Amendments EIRs for the downtown would be exceeded, but would still be within the overall development and growth estimates considered in the General Plan EIR. In addition, there is one pending non-residential development project that also may be considered by City decision makers within the next six months. Although not a mixed-use project like the proposed project, it would result in addition of approximately 133,600 square feet of commercial space as a new hotel. However, when added to other approved and constructed non-residential space, including the DLAHP, non-residential square footage would be less than the amount considered in the Downtown Plan Amendments EIR and General Plan EIR.

There is no substantial evidence to support a conclusion that significant impacts would occur as a result of reasonably foreseeable cumulative projects in the downtown area based on cumulative impact analyses conducted for the City’s General Plan 2030 EIR and Downtown Plan Amendments EIR. Because approved cumulative development is within residential development estimates and far below non-residential development estimates considered and analyzed in the General Plan 2030 EIR, potential cumulative impacts in the downtown area have been adequately addressed. The General Plan 2030 EIR identified potential significant cumulative impacts related to noise, population, transportation/traffic, and water supply. The Downtown Plan Amendments EIR identified significant cumulative impacts related to transportation/traffic, water supply, and schools. Cumulative impacts due to other development projects in the vicinity of the proposed project would not be significant or the proposed project’s contribution would not be cumulatively considerable as explained below.

Noise. Neither the proposed project nor other downtown cumulative projects would contribute to cumulative noise impacts since the these projects are not located in proximity to the road segments subject to the cumulative noise impact (Westside industrial area) as identified in the General Plan 2030 EIR.

Transportation/Traffic. Previous evaluations of cumulative traffic impacts were based on the traffic congestion metric of LOS, which is no longer applicable due to changes in CEQA described above, which now require traffic impacts to be evaluated based on VMT. In establishing guidelines, the State Office of Planning and Research issued guidelines that indicate if a project falls below an efficiency-based threshold that is aligned with longterm environmental goals and relevant plans, there would be no cumulative impact distinct from the project impact. Accordingly, a finding of a less-than-significant project impact would imply a less than significant cumulative impact (California Office of Planning and Research 2018). As indicated in Section III.D, the proposed

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project would not result in a significant impact related to VMT, and accordingly, cumulative traffic impacts also would be less-than significant.

Population. The General Plan 2030 EIR identified cumulative population growth as a potentially significant impact due to cumulative growth at the University of California, Santa Cruz (UCSC) in conjunction with growth accommodated by the General Plan 2030. The EIR concluded that cumulative growth (City and UCSC) could result in an average annual growth rate that would exceed historical growth rates and AMBAG population forecast growth rates if the North Campus area is annexed to the City in the next 20 years. UCSC updated its Long-Range Development Plan (LRDP) in 2021 and no longer proposes expansion into the North Campus area, although enrollments were projected to increase. The General Plan EIR considered UCSC enrollment to 19,500 students with provision of additional on-campus housing. According to UCSC’s website, enrollment for the 2021- 2022 academic year totaled approximately 19,000 students (University of California Santa Cruz 2023).

Regional population forecasts are updated every four years by AMBAG and have been updated since certification of the General Plan 2030 EIR and the Downtown Plan Amendments EIR. Current forecasts project a Citywide population of 72,218 in the year 2030 (AMBAG 2022). The City had a population of 64,075 people as of January 1, 2022 (California Department of Finance 2022). Based on the City’s existing average household size of 2.33, cumulative downtown projects, including the proposed project, could result in a population increase of approximately 2,680 persons as a result of development of approximately 1,150 new housing units in downtown. This is a conservatively high estimate as household sizes in the downtown area are about 1.9 persons per household are slightly lower than the Citywide average, based on Census information. City population as a result of cumulative downtown projects could increase to approximately 66,755 and would not exceed regional population forecasts for the City of 72,218 in the year 2030 (AMBAG 2022). Even with addition of the pending DLAHP that could be approved in the near future (approximately 124 units), cumulative downtown projects would bring the City’s population to 67,045, which would be less than the regional forecast for the year 2030. Therefore, no new significant cumulative population growth impacts related to downtown development is expected.

The General Plan 2030 EIR also indicates that regional population forecasts, which are updated every four years, would account for changing trends in cumulative development and growth. Furthermore, it is also noted that 38 of the proposed project residential units would be affordable, which could serve existing households in the city or county that are on waiting lists for affordable housing, and thus, may not be additional population.

The Housing Authority of Santa Cruz County has indicated to City staff that there are a total of 10,851 applicants throughout the county on its waiting list for affordable housing. It would be reasonable to assume that some of these people already live in the City, and thus, the project and other affordable housing projects in the downtown area would serve, in part, if not completely, existing City residents and would not result in any substantial population increases.

Water Supply. The proposed project would contribute to significant cumulative impacts related to water supply identified in the General Plan 2030 and Downtown Plan Amendments EIRs. As indicated above, the proposed project and cumulative approved downtown development are within the amount of development analyzed in both EIRs. With two pending downtown projects, development estimates analyzed for the downtown area would be exceeded, but would still be within development estimates considered in the city-wide General Plan EIR. As indicated in both EIRs, approved development projects would be subject to City requirements for installation of

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water-conserving fixtures and landscaping in accordance with current Municipal Code and building requirements. Under multi-year drought conditions, the project, like other City customers, would be subject to water use restrictions. The increase in water demand due to the proposed project would not substantially exacerbate water supply reliability in the future or during a drought because the amount of additional demand when spread across all service area customers would not result in any noticeable increase in the timing or extent of curtailment in customer use that would otherwise be implemented during drought conditions.

In addition, the project would pay the required “System Development Charge” that is required for a new or upgraded service connection or where a project adds new residential uses. This charge, as set forth in Chapter

16.14 of the Municipal Code, funds public water system improvements, and is assessed so projects pay the proportional share of the costs of new and existing water facilities necessary to meet the demand resulting from new or enlarged water services. This charge is intended to address the water supply impacts caused by new development in the City’s water service area, and the funds are used for construction of public water system improvements and conservation programs. Therefore, the project’s incremental contribution to a significant cumulative water supply impact would not be cumulatively considerable.

Schools. The General Plan and Downtown Plan Amendments EIRs concluded that cumulative development could potentially affect school enrollments. The General Plan EIR concluded that this is a potentially significant cumulative impact, but would be mitigated to a less-than-significant level with required payment of school impact fees to fund necessary facility expansion and/or additions (City of Santa Cruz, April 2012, DEIR volume).

Both EIRs also found that potential addition or expansion of school classroom facilities is not expected to result in significant physical impacts due to the location of existing facilities within developed footprints, and future enrollment could be accommodated without construction of new schools, although some expansion of existing facilities may be necessary (City of Santa Cruz, April 2012, DEIR volume). Therefore, a project’s incremental contribution to this impact as a result of generation of students, including the proposed project, is not cumulatively considerable as the required payment of school impact fees would mitigate the project’s cumulative contribution such that it would no longer be considered cumulatively considerable.

Stormwater. Subsequent to the preparation and certification of the City’s General Plan 2030 EIR and Downtown Plan Amendments EIR, the City has identified a cumulative stormwater conveyance/capacity issue in the downtown area and is proposing construction of a new pump station to address this issue and ensure adequate stormwater conveyance capacity for a five-year storm event in the downtown. A feasibility study was prepared for the City (Schaaf & Wheeler 2022), including an evaluation of alternative sites for locating a new pump station. The study indicates that the existing 42- to 48-inch stormwater pipeline beneath the toe of the San Lorenzo River Levee, which extends between Soquel Avenue and Laurel Street, is undersized, and the study identifies a preferred location for a new pump station at the southeast corner of the Front Street/Soquel Avenue intersection (City of Santa Cruz 2022a). The City proposes inclusion of the new pump station in the City’s upcoming Fiscal Year 2024 Capital Improvement Program. The proposed project would result in a slight increase in impervious surfacing, which would be minor given existing and future stormwater volumes in the drainage basin in which the project site is located. Thus, the project’s contribution is not cumulatively considerable given the minor increase in stormwater. Additionally, the pump station would be needed even without the project.

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Conclusion. Based on what is occurring and expected to occur due to existing and reasonably foreseeable projects in the downtown area, no other potentially significant cumulative impacts have been identified. As explained above, the proposed project’s contribution to cumulative water supply impacts would not be cumulatively considerable. No significant cumulative impacts have been identified for air quality or water quality. All development projects must comply with City stormwater regulations that would prevent or minimize water quality impacts as addressed in Section III.D, and thus, other cumulative projects in the downtown area would not result in a significant cumulative impact. Similarly, according to the MBARD, projects which are consistent with the AQMP would not result in a significant cumulative impact (MBARD 2008). As discussed in Section III.D, the proposed project is consistent with the AQMP, and thus no significant cumulative impacts would occur. Therefore, this potential exception of significant cumulative impacts of successive projects of the same type and in the same place is not met and does not disqualify the application of a categorical exemption to the project.

C. Significant Impacts Due to Unusual Circumstances
Under CEQA Guidelines section 5300.2(c), a categorical exemption shall not be used where there is a reasonable possibility that the activity will have a significant effect on the environment due to “unusual circumstances.” Unusual circumstances may be established by showing that the project has some feature that distinguishes it from others in the exempt class, such as its size or location, and that there is a reasonable possibility of a significant effect due to that unusual feature or circumstance, or by showing that the project would have a significant environmental effect. For the unusual circumstances exception to apply, it is not enough alone that there is a reasonable possibility the project would have a significant environmental effect; instead there must be a reasonable possibility that the activity would have a significant effect on the environment due to unusual circumstances.

The nature of a project may be “unusual,” particularly if its scope and size differ from conditions in the surrounding vicinity. This includes whether the project is or is not consistent with the surrounding zoning and land uses, including consistency with the underlying general plan and zoning designations and development standards. Conversely, the scope and size may be “unusual” if the use, height, or density vastly differ from surrounding uses. Therefore, “the presence of comparable facilities in the immediate area adequately supports [a]n implied finding that there [are] no ‘unusual circumstances’ precluding a categorical exemption.” (Walters v. City of Redondo Beach (2016) 1 Cal.

App.5th 809, 821, quoting Bloom v. McGurk (1994) 26 Cal.App.4th 1307, 1316.) The project site possesses no unusual features or environmental characteristics that distinguish it from other properties of similar size in the downtown area. The project site is located within an urban area, surrounded by development, and sensitive resources are not present as explained below. The project site’s immediate area, and the downtown area in general, have similar General Plan 2030 and zoning designations as the subject property. As explained below, there are no “unusual circumstances” that differentiate the project from the general class of similarly situated properties or projects. For example, other properties in the surrounding area have developed or could develop a similar mixed-used project, utilizing waivers permitted under the provisions of the state and local density bonus laws. Lastly, the proposed project does not include uses that would be considered unusual in the downtown area. As indicated above in Section III.A, all proposed project uses are allowed in the CBD district as set forth in the Downtown Plan and allowed in the F-P zone district.

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The project site is approximately 1.06 acres in size and is developed. There are numerous in-fill development sites in the downtown area that could similarly redevelop with a mixed-use project. There are at least six similar mixeduse projects that are currently under construction or approved in the downtown area on in-fill sites, and five of these have requested density bonuses. In addition, four of these projects have applied the in-fill development categorical exemption under CEQA. There also is an approved mixed-use project in the downtown neighborhood as defined in the General Plan EIR, but outside of the Downtown Plan area, and four other approved mixed-use projects within the City. A summary and comparison of these projects are included in Attachment B. Some of these projects have similar densities and building heights as the proposed project, and most have utilized waivers and concessions permitted under state and local density bonus laws.

The proposed project’s base density represents approximately 175 dwelling units (du) per acre. This density is similar to and within the range of other mixed-use projects in the downtown area and other areas in the City, where densities range from 84 to 196 du/acre, most of which are greater than 130 du/acre. While the project density with the requested density bonus would be approximately 250 dwelling units (du) per acre, which is higher than other mixed-use projects in the downtown area and other areas in the City, the requested waivers permitted under the density bonus request that would allow more units and increased density, are a function of legal requirements and do not result in an “unusual circumstance” pursuant to the court decision in Wollmer v. City of Berkeley case.

Aesthetics. The proposed project would result in a building height of 92.5 feet, which is higher than other buildings in the immediate vicinity due to the requested waivers required for qualifying projects that include density bonus units. However, the requested waivers permitted under the density bonus request that would allow more units and increased building height are a function of legal requirements and do not result in an “unusual circumstance” pursuant to the court decision in Wollmer v. City of Berkeley case. It is noted that the project is similar in height and scale as three approved mixed-use projects in the downtown area that are also designated RVC in the General Plan 2030, and which have approved heights of 81-85 feet. Furthermore, the Downtown Plan permits additional height to 85 feet in the area to the southwest of the project site between Pacific Avenue and Front Street on the west and east, and Cathcart Street and Laurel Street on the north and south, respectively. The additional 85-foot height can also be allowed on the west side of Front Street between Cathcart Street and Soquel Avenue, across the street from the proposed project. In addition, there are two other buildings in the downtown area that exceed 80 feet in height, the Palomar Hotel and 110 Cooper Street (City of Santa Cruz 2017). Therefore, there are other existing, approved, and under construction projects with similar heights as the proposed project, and existing City plans allow for height up to 85 feet under specified conditions in the immediate vicinity of the proposed project. Thus, while the proposed building height exceeds the allowable additional building height as a result of waivers permitted with a density bonus, the project would not in and of itself be considered an unusual feature of the project because other buildings of similar size exist, are under construction, or could be constructed under existing city plans and regulations on similarly sized, infill sites as the proposed project.

As indicated in the Downtown Plan Amendments EIR, there is no required presumption under CEQA that taller buildings are necessarily a substantial adverse change in the existing visual environment. Such determinations are made on a case-by-case basis at a lead agency’s discretion and in consideration of the relevant environmental setting or context, which here, is a nearly fully developed urban area. Future proposed buildings with additional height would not be considered to be substantially out of scale with other existing buildings in the downtown area (City of Santa Cruz 2017).

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Furthermore, the proposed project would not block scenic views, such as ocean views or distant mountain views as described in the General Plan and Downtown Plan Amendments EIR, nor affect scenic resources adjacent to a designated scenic highway. In an urbanized area, which the City is under the definition of the term in CEQA Guidelines section 15387, a project that results in conflicts with applicable zoning and other regulations governing scenic quality also could be considered a significant impact. However, there are no regulations governing scenic quality applicable to the project site. There are some regulations regarding scenic views in the coastal zone, but the project is not located in the coastal zone.

As indicated above, the additional height allowed by an approved waiver pursuant to the density bonus law would not be considered to conflict with zoning standards, and therefore, the heights allowed under the waiver would not be considered an unusual circumstance as similar density bonus and waiver requests have been approved in the City in which new building heights have extended to 85 feet. Furthermore, CEQA (Public Resources Code section 21099) states that aesthetic impacts of a residential, mixed-use residential, or employment center project on an in-fill site within a transit priority area shall not be considered significant impacts on the environment, although design review would still be required pursuant to local City requirements and regulations. The project site is considered an in-fill site and also is located within a transit priority area. City staff has reviewed the project and made the required findings for issuance of a Design Permit.

In addition, CEQA (Public Resources Code section 21099) states that aesthetic impacts of a residential, mixeduse residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment, although design review would still be required pursuant to local City requirements and regulations. The project site is considered an infill site and also is located within a transit priority area. City staff has reviewed the project and made the required findings for issuance of a Design Permit.

San Lorenzo River Sensitive Habitat. The project site is located adjacent to the San Lorenzo River, which is considered a sensitive habitat in the City’s General Plan 2030 and City-wide Creeks and Wetlands Management Plan. It is noted that special-status wildlife species could be present on the river side of the San Lorenzo River levee to the east of the project site. Special status wildlife species known to occur or have potential to occur within the San Lorenzo River and lower San Lorenzo River adjacent to the Main Beach include steelhead (Oncorhynchus mykiss), coho salmon (Oncorhynchus kisutch), tidewater goby (Eucyclogobius newberryi), western pond turtle (Emys marmorata), tricolored blackbird (Agelaius tricolor), and yellow warbler (Setophaga petechia). However, the proposed project would not result in significant direct impacts to sensitive river habitat or special status species as no development would encroach into sensitive habitat areas.

Additionally, the project would not result in indirect impacts to sensitive habitat or special status species based on technical reviews conducted for the project and summarized below. The City-wide Creeks and Wetlands Management Plan establishes requirements for structural setbacks and development standards and guidelines that would be applicable to development project along watercourses within the City in order to protect sensitive resources from indirect impacts that may result from development. For the area in which the proposed project is located, the Creeks Plan indicates that properties are subject to provisions of the San Lorenzo Urban River Plan, which requires that a 10-foot setback be maintained between residential and commercial uses and the western edge of the levee trail. The proposed new building meets and exceeds this

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requirement as it is set back approximately 32.5 feet from the western edge of the Santa Cruz Riverwalk trail, and thus, would not result in significant indirect impacts to the sensitive river and riparian habitats.

The project was reviewed regarding consistency with the City of Santa Cruz Bird Safe Building Design Standards (City Standards, updated June 2022) and guidance for Bird Safe Structures along the San Lorenzo River (San Lorenzo River Guidance in the Downtown Plan. The project was found to be generally consistent with these standards, but there are two recommendations related to window glass treatment and landscaping that would be incorporated into final building plans as a condition of approval (Dudek 2023b).

The trees on the project site, including those on the river levee, could provide potential nesting habitat for migratory birds which are protected by the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code (CFGC). Compliance with the MBTA would require that either a pre-construction nesting survey be conducted to confirm that no nesting birds protected under the MBTA are present if trees or removed during the nesting season or to remove trees outside of the nesting season. Furthermore, the Downtown Plan Amendments EIR includes a mitigation measure that all projects adjacent to the river conduct a preconstruction nesting survey and establish protective buffers during construction if any are found. Thus, implementation of required, previously adopted mitigation measures and compliance with required regulations would not result in a significant impact. Furthermore, the City’s General Plan 2030 (Action NCR2.4.1 and Table 1) establishes biological survey protocols, including pre-construction nesting bird surveys if tree removal construction were to commence during the nesting season with establishment of appropriate construction buffers if needed if nesting birds are found. A standard project condition of approval requires Implementation of a pre-construction nesting survey, which would be applicable to the proposed project. Compliance with this standard condition would avoid any harm to nesting birds on-site, if any are found during the survey.

Thus, the project site location adjacent to a sensitive habitat and San Lorenzo River would not be considered an unusual circumstance that would lead to significant impacts as technical reviews have not identified any such impacts.

San Lorenzo River Levee Fill. As indicated in Section II.C, the project includes placement of fill on the San Lorenzo River levee’s landward side that would result in creation of an elevation that transitions between the existing Santa Cruz Riverwalk and the proposed building as required by the City’s Downtown Plan. All development projects along the river are required to make this improvement, and thus, the placement of fill would not be considered an unusual circumstance as other projects would also be subject to this City requirement. Furthermore, technical analyses found that the proposed project would not have an adverse effect on the integrity and performance of the San Lorenzo River levee with regard to seepage and slope stability problems (AECOM 2023). Based on studies conducted for another project south of the proposed project site, the placement of fill on the landward side of the river levee would not result in other significant impacts (Dudek 2021). In particular, for the nearby approved project to the south of the project site, it was found that the placement of engineered fill on the land side of the levee would not affect flows in the river or limit the ability of the river flood control project to function as intended and would not impair, compromise or change the flood control purposes of the levee (Dudek 2021). Therefore, there is no substantial evidence to indicate that the placement of fill on the landward side of the levee as required by City plans would result in a significant impact due to unusual circumstances.

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Heritage Tree Removal. The project involves the removal of five non-native heritage trees on the building site and three native heritage trees planted on the levee, which are subject to approval of a Heritage Tree Removal Permit. The project landscape plan includes planting of 18 24-inch-box-sized street trees, which exceeds the City’s replanting requirements for removal of eight heritage trees.

Removal of heritage trees is permitted by City regulations under specified circumstances and with required tree replanting at ratios specified by the City. Approval of a heritage tree removal permit automatically requires replacement trees or payment of an in-lieu fee. Removal of a heritage tree that is consistent with the criteria, provisions, and requirements set forth in City regulations would not result in a conflict with a local ordinance, and thus, removal of heritage trees consistent with City regulations and requirements would not be considered a significant impact of the project or an unusual circumstance.

The proposed heritage tree removal is similar to other approved projects in the downtown area and throughout the City that have also included removal of heritage trees and replanting replacement trees. Most infill sites have been previously developed and include some trees and landscaping, and thus, the presence of heritage trees on the project site does not represent an unusual feature or circumstance. Other downtown area project sites with recently approved Heritage Tree Removal Permits include but are not limited to: Pacific Front MixedUse Project site that is under construction (two heritage trees); the approved Riverfront Project (eight heritage trees) approved 190 West Cliff Drive mixed-use project (11 heritage trees); 415 Natural Bridges Affordable Housing Project (four heritage trees); and the Downtown Library and Affordable Housing Project (nine heritage trees). In addition, the project does not differ from other properties along the west side of the San Lorenzo River levee in which placement of fill is required by the City’s Downtown Plan. The approved Riverfront Mixed-Use Project to the south of the project site also required a similar number of removed heritage trees to accommodate placement of fill as required by City plans.

Removal of heritage trees would not result in a significant impact due to unusual circumstances as properties and projects throughout the City are able to remove heritage trees through compliance with the criteria for removal, approval of permit, and replanting replacement trees as required by City regulations. Thus, the project and its location do not differ from other projects of any type and location throughout the City that are bound by the same regulations. In addition, the trees themselves do not represent an unusual feature. While some trees are non-native and planted native trees on the San Lorenzo River levee are visible in the immediate vicinity of the project site, the trees are not visible from a wide-ranging area, are not visually prominent or distinctive, and are not considered scenic resources. The trees do not represent a significant or prominent visual element of the surrounding area, and removal would not substantially alter the visual character of the area. While any tree may possess aesthetic qualities, the trees that would be removed are not unusual for the species nor are they visually distinctive or prominent from a wide area. Therefore, the trees would not be considered an unusual feature, and 18 replacement trees are proposed.

Other Potential Impacts. There is no substantial evidence that the proposed project would result in a significant impact as explained below. Therefore, there are no unusual circumstances related to the project or its surroundings that may lead to a significant effect on the environment.

As indicated above, the project would not result in impacts to biological resources as none exist on the project site or surrounding area.

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The project would not increase impervious surfaces on site and includes a SWMP and design drainage features that would manage stormwater runoff. Therefore, the project would not modify the overall drainage patterns on- or offsite or result in significant water quality impacts. The project is located with an A99 Flood Zone as designated by the Federal Emergency Management Agency (FEMA). This designation indicates that the project area is subject to inundation by a 1-percent-annual-chance flood event, but which will be protected upon completion of an under-construction Federal flood protection system. A99 Zones are areas where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes (FEMA 2023), which in this case are improvements to the levee adjacent to San Lorenzo River (City of Santa Cruz 2012b). For these reasons, the project site does not contain unusual hydrologic conditions or circumstances, and the project would result in significant impacts related to drainage or water quality degradation.

Most mixed-use and other development projects throughout the downtown area are required to prepare a geotechnical investigation report. A geotechnical investigation conducted for the project addressed concerns involving ground rupture, lateral spreading, liquefaction, seismic settlement, tsunami/seiche, and flooding. The investigation concluded that the project is geotechnically feasible given the existing soil conditions and implementation of construction and design recommendations included in the geotechnical report (Cornerstone Earth Group 2017). The investigation did not reveal any conditions that differ from other sites in the downtown area and throughout the city, and thus, there are no soils or geological features that would be considered unusual that aren’t encountered at other sites throughout the City. A standard condition of approval requires the geotechnical report be submitted as part of the building permit application, consistent with state and local regulations, and that the geotechnical recommendations are incorporated into the building design.

The property is located within a sensitive archaeological area. A cultural resources evaluation was conducted, which included archival research and a surface reconnaissance. The archival research revealed that no previously recorded archaeological resources are located within the proposed project area. No significant cultural materials, prehistoric or historic were noted during surface reconnaissance (Evans and De Shazo, Inc 2019a). The project site does not contain historical resources as explained below in Section IV.F.

However, the archaeological report recommended that due to the general sensitivity of the area, that a qualified archaeologist monitor excavation activities into native soils, which is included as a standard condition of approval. Furthermore, if prehistoric and/or historic deposits or features are discovered during construction, construction will be required to cease and a qualified archaeologist will be required to inspect and prepare recommendations for handling of the artifacts. This is consistent with requirements set forth in the City’s Municipal Code (Section 24.12.430) related to potential discovery of unidentified archaeological resources during construction would be considered an application of uniformly applied development standards, not mitigation. Discovery of unidentified (e.g., buried) cultural resources during any construction would be subject to this requirement as a standard condition of approval. Thus, the proposed project would not result in significant impacts to archaeological resources.

The project site is not located in a mapped fire hazard area per the City’s General Plan 2030 (City of Santa Cruz 2012a). Also, the project site not located in or near a state responsibility area or lands classified as very high fire hazard severity zones by the California Department of Forestry and Fire Protection (CAL FIRE 2007).

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Conclusion. For these reasons explained above, there are no unusual circumstances surrounding the project or project site that would suggest a reasonable possibility of a significant effect on the environment due to such circumstances, and this exception does not apply to the project.

D. Scenic Resources
Under CEQA Guidelines section 15300.2(d), a categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. The project site is not located adjacent to or near a highway; the nearest highway, Highway 1, is located approximately 0.4 miles northwest of the project site. Furthermore, there are no officially designated state scenic highways within the City (Caltrans 2023).

Therefore, the project would not result in damage to scenic resources within an officially designated, state scenic highway, and this exception does not apply to the project.

E. Hazardous Waste Sites
Under CEQA Guidelines section 15300.2(e), a categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to section 65962.5 of the Government Code (i.e., the Cortese List). The project site is not included on a list of hazardous waste sites compiled pursuant to Government Code section 65962.5. The following Cortese List online data resources (CalEPA 2023) were reviewed during the preparation of this document: (1) the list of hazardous waste and substances sites from the Department of Toxic Substances Control’s (DTSC’s) EnviroStor database (DTSC 2023a); (2) the list of leaking underground storage tank sites from the State Water Resources Control Board’s (SWRCB’s) GeoTracker database (SWRCB 2023a); (3) the list of solid waste disposal sites identified with Waste Constituent Above Hazardous Waste Levels Outside the Waste Management Unit (CalEPA 2023b); (4) the list of active Cease and Desist Orders and Cleanup and Abatement Orders from the SWRCB (SWRCB 2023b); and (5) the list of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC (CalEPA 2023c). In addition, a Phase I Environmental Site Assessment conducted for the project included state and federal environmental database searches, including Geotracker and EnviroStor. The project site was not listed on any of the databases searched (Ramboll 2022b). Therefore, based on the above review, the project site is not included on any list compiled pursuant to Government Code section 65962.5 and this exception does not apply to the project. Due to potential offsite sources of contamination, testing was conducted at the project site, soil, vapor, and groundwater testing was conducted at the project site. No soil contamination was reported, except for one elevated concentration of TPH-gasoline-range organics that was found to be limited in extent and depth and from an off-site source. Some elevated concentrations of naturally-occurring arsenic and lead at shallow spoils depths that would be removed with the planned excavation. Planned excavation also would likely remove potential contaminant sources in soil vapors and prevent vapor intrusion into the project site. Identified elevated metals in groundwater appeared to be from off-site sources as no on-site source of metals was identified. The investigation recommended no further investigation or indicate potentially significant impacts (Ramboll 2022a). The removal and disposal of these soils would be conducted in accordance and in compliance with applicable local and state regulations governing these activities under the direction of the County of Santa Cruz Environmental Health Department.

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F. Historical Resources
Under CEQA Guidelines §15300.2(f), a categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Section 15064.5 defines a historical resource as:
• A resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources (CRHR);
• A resource listed in a local register of historical resources. • Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California…Generally, a resource shall be considered by the lead agency to be :historically significant.” Generally, a resource is considered historically significant if it meets criteria for listing in the California Register of Historical Resources, including:
▪ Is associated with events that made a significant contribution to the broad patterns of California’s history and cultural heritage.
▪ Is associated with the lives of people important in our past. ▪ Embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of an important creative individual, or possesses high artistic values. ▪ Has yielded or may be likely to yield information important in prehistory or history; OR ▪ A resource determined to be a historical resource by a project's lead agency.

According to maps developed for the City’s General Plan, the project site is not located within a designated historic district (City of Santa Cruz 2012a). However, the project site is located in an area mapped as archaeologically sensitive per the City’s General Plan. Therefore, an archaeological investigation was conducted for the proposed project, which found no significant archaeological resources on the site; see subsection C above.

A historic resources evaluation was prepared for existing buildings on the project. Two buildings are located on the property; the northern commercial building was constructed in 1981 and not of the age to be considered a historical resource. The southern building was constructed in 1926 and was the historic resources evaluation concluded that that this building is not listed or eligible for listing on the California Register of Historic Resources. In addition, a reevaluation of the 1926 building for local significance found that the building is not eligible for local listing (Evans and De Shazo, Inc 2022). Therefore, existing structures on the project site are not historical resources under the definition of CEQA.

The project site is located within a sensitive archaeological area. Therefore, an archaeological evaluation was conducted, which included an archival search and a surface reconnaissance. The evaluation revealed that no previously recorded archaeological resources are located on or adjacent to the site. No significant cultural materials, prehistoric or historic were noted during surface reconnaissance (Evans and De Shazo, Inc 2019a).

Therefore, there is no evidence of historical archaeological resources on the project site.

While the archaeological study did not result in the identification of archaeological resources or indications of an archaeological resources, archaeological monitoring during building demolition and excavation

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was recommended due to the potential for archaeological resources to be present under existing buildings. Any finds would be subject to review pursuant to the City’s Municipal Section 24.12.430, which sets forth the procedure to follow in the event that previously unknown prehistoric or cultural features are discovered during construction.

Under provisions of this Code section, work shall be halted within 100 feet of the find and the Planning Director shall be immediately notified to determine the appropriate course of action, including implementation of potential mitigation measures. Additionally, the County Coroner shall be notified in accordance with provisions of Public Resources Code 5097.98-99 in the event human remains are found and the Native American Heritage Commission shall be notified in accordance with the provisions of Public Resources Code section 5097 if the remains are determined to be Native American.

Based on this information, the project would not result in a substantial adverse change to the significance of a historic resource, and this exception does not apply to the project.

For these reasons, the City is able to document that the project qualifies for the Categorical Exemption found at CEQA Guidelines section 15332, the in-fill exemption, and that none of the potential exceptions to the use of a categorical exemption apply to this project or the project site.

V. REFERENCES
AECOM.2022. 530 Front Street Geotechnical Evaluation for Seepage and Slope Stability In Support of Section 408 Permit Application San Lorenzo River, California. September 30, 2020. Revised October 7, 2022.

AMBAG.
▪ Adopted June 15, 2022. 2022 Regional Growth Forecast. ▪ Adopted June 13, 2018. 2018 Regional Growth Forecast. ▪ Adopted June 11, 2014. 2014 Regional Growth Forecast.

California Department of Finance. May 2022. “Table 2: E-5 City/County Population and Housing Estimates, 1/1/2022.” Available online at: https://dof.ca.gov/forecasting/demographics/estimates/e-5-populationand-housing-estimates-for-cities-counties-and-the-state-2020-2022/ California Department of Forestry and Fire Protection (CAL FIRE). 2007. Fire Hazard Severity Zones Maps.

Accessed on January 16, 2023 at https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildlandhazards-building-codes/fire-hazard-severity-zones-maps/.

California Department of Toxic Substances Control (DTSC). 2023. Waste and Substances Site List (Cortese List).

Accessed February 6, 2023 at https://dtsc.ca.gov/dtscs-cortese-list/.

California Environmental Protection Agency (CalEPA).
▪ 2023a. Cortese List Data Resources. Accessed February 6, 2023 at https://calepa.ca.gov/SiteCleanup/CorteseList/.

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▪ 2023b. Sites identified with Waste Constituent Above Hazardous Waste Levels Outside the Waste Management Unit. Accessed on January 17, 2023 at https://calepa.ca.gov/wpcontent/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf. ▪ 2023c. Hazardous Waste Facilities Subject to Corrective Action. Accessed February 6, 2023 at https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/?emrc=63e1903569867.

California Office of Planning and Research. 2018. Technical Advisory on Evaluating Transportation Impacts in CEQA. December 2018. Available online at: https://opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf.

California State Water Resources Control Board (SWRCB). ▪ 2023a. List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database. Accessed on February 6, 2023 at
https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_st reet_name=&city=&zip=&county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&S earch=Search
▪ 2023b. List of Active Cease and Desist Orders and Cleanup and Abatement Orders. Accessed on February 6, 2023 at
https://www.waterboards.ca.gov/waterrights/water_issues/programs/enforcement/compliance/.

Caltrans. 2023. Scenic Highways. Accessed January 17, 2023 at https://dot.ca.gov/programs/design/laplandscape-architecture-and-community-livability/lap-liv-i-scenic-highways.

City of Santa Cruz.
▪ 2023. General Plan Buildout Status Through December 2022. Accessed January 24, 2023 at https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/planning-division/active-planning-applications-and-status. ▪ 2022a. Final Soquel Avenue SDPS Feasibility Study, Feasibility Study for Constructing a Stormwater Pump Station at Soquel Avenue. December 2, 2022. Prepared for City of Santa Cruz. Prepared by Schaaf & Wheeler.
▪ 2022b. City of Santa Cruz SB743 Implementation Guidelines. May 12, 2022. ▪ June 2020a. Resolution of the City Council of the City of Santa Cruz Adopting the Use of Vehicle Miles Traveled as the New Transportation Measure of Environmental Impacts. June 9, 2020 with Draft SB 743 Implementation Guidelines (June 16, 2022).
▪ 2020b. Downtown Plan. As amended through January 28, 2020. Available online at:
https://www.cityofsantacruz.com/home/showpublisheddocument/8911/637490838888870000. ▪ October 2017. Downtown Plan Amendments Final EIR. [SCH#2017022050] Certified November 14, 2017. Includes Draft EIR document, dated July 2017. Prepared by Dudek. Available online at:
https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/long-range-policy-planning/area-plans-and-city-zoning-code/downtown-recovery-planamendments.

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▪ 2012a. General Plan 2030. Adopted June 26, 2012. Available online at https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/long-range-policy-planning/general-plan. ▪ 2012b. City of Santa Cruz General Plan 2030 Final EIR. SCH #2009032007. Certified June 26, 2012.

Includes Draft EIR document, dated September 2011. Available online at https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/long-range-policy-planning/general-plan. ▪ Undated. City of Santa Cruz Bird-Safe Building Design Standards.

Cornerstone Earth Group. 2017. Geotechnical Investigation for Front Street Santa Cruz Mixed-Use. November 6, 2017.

Dudek.
▪ 2023a. Biological Resources Assessment; 530 Front Street Mixed Use Project, City of Santa Cruz, California. January 2023.
▪ 2023b. 530 Front Street Project and Bird-Safe Building Design. January 2023. ▪ 2021. Environmental Assessment 408 Permission for the San Lorenzo River Levee Fill Placement, City of Santa Cruz, California. June 2021. Prepared for the U.S. Army Corps of Engineers. Prepared in association with the City of Santa Cruz Planning and Public Works Departments Evans and De Shazo, Inc.
▪ 2022. Historic Resource Evaluation for the Property at 514-518 Front Street, Santa Cruz. May 13, 2022. ▪ 2019. Archaeological Study for the Proposed Front/Soquel Mixed-Use Project at 514-516 and 530 Front Street, Santa Cruz. May 14, 2019.

FEMA (Federal Emergency Management Agency). 2023. FEMA Flood Map Service Center. Accessed on February 13, 2023 at https://msc.fema.gov/portal/search.

Kurt Fouts, Arborist Consultant. 2022. Arborist Report, Preliminary Tree Resource Analysis, Construction Impact & Protection Plan for Mixed Use Project, 530 Front Street, Santa Cruz, CA 95060. May 19, 2019. Revised 3/22/2022.

Hexagon Transportation Consultants, Inc. 2022. 530 Front Street Mixed-Use Development Transportation Impact Analysis. July 29, 2022.

Monterey Bay Air Resources District.
▪ Adopted March 15, 2017. 2012-2015 Air Quality Management Plan. Available online at:
http://www.co.monterey.ca.us/home/showdocument?id=62318. ▪ February 2008. CEQA Air Quality Guidelines. Available online at:
https://www.mbard.org/files/0ce48fe68/CEQA+Guidelines.pdf. ▪ Adopted April 1996-Revised February 2016. Guidelines for Implementing the California Environmental Quality Act. Available online at: https://www.mbard.org/files/b4d8179d3/CEQA+Implementation.pdf.

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Edward L. Pack Associates, Inc. 2021. Noise Assessment Study for the Planned Mixed-Use Development 530 Front Street, Santa Cruz. August 24, 2021.

Ramboll. 2022.
a. 2022.Results of Subsurface Investigation 514, 524, and 530 Front Street, Santa Cruz, California. June 6, 2022.
b. 2022. Draft Phase I Environmental Site Assessment, 514, 524, AND 530 Front Street, Santa Cruz, California. March 2022.

University of California Santa Cruz. 2023.
▪ Facts and Figures. Accessed on January 16, 2023 at https://www.ucsc.edu/about/facts-figures.html. ▪ University of California Santa Cruz. 2023. Personal communication, Erika Carpenter, Senior Planner, Physical & Environmental Planning Services, Physical Planning, Development & Operations.

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30.80 Project Location
530 Front Street
SOURCE: Bing Maps 2022, County of Santa Cruz 2020, OpenStreetMap Date: 1/12/2023 - Last saved by: rstrobridge - Path: Z:\Projects\CityofSantaCruz_AsNeeded\j9711XX_530FrontSt\MAPDOC\DOCUMENT\Figure1_ProjectLocation.mxd 0 200 400Feet
Project Boundary
FIGURE 1
Gilroy
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Project Site Plan
530 Front Street
FIGURE 2
Path: Z:\Projects\CityofSantaCruz_AsNeeded\j9711XX_530FrontSt\MAPDOC\DOCUMENT SOURCE: Swenson Architecture 2022

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Landscape Schematic Plan with Levee Improvements
530 Front Street
FIGURE 3
Path: Z:\Projects\CityofSantaCruz_AsNeeded\j9711XX_530FrontSt\MAPDOC\DOCUMENT SOURCE: Swenson Architecture 2022

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ATTACHMENT A
City Review of Project Consistency
with General Plan and Zone District Regulations
General Plan Consistency
The majority of the project site, within the privately owned parcels and where the building is proposed, has a General Plan land use designation of Regional Visitor Commercial (RVC)/Downtown Santa Cruz. The RVC/Downtown Santa Cruz designation emphasizes a mix of uses such as office and retail uses, residential and mixed-use developments, restaurants, and visitor attractions. The proposed use of the parcel as a mixed-use commercial/residential project is consistent with the intent of the RVC/Downtown Santa Cruz designation. The area of the project on City owned land east of the building to the Riverwalk that is proposed to be filled and landscaped with outdoor amenities has a land use designation of Natural Area. This designation provides for land that should remain in an undeveloped state to provide for habitat protection, public safety, or public recreation. While the designation allows a public recreation use on a case-by-case basis with approval of the Planning Commission, it should also be noted that the Downtown Plan requires such a use to be developed in this location as described later. The proposal creates a publicly accessible plaza in this area consistent with the land use designation.

The proposed project is also consistent with many General Plan 2030 policies relating to housing, alternative transportation, open space access, and downtown area development as follows:
• Housing Element Policy 1.2 Concentrate new housing in the Central Core, along major commercial corridors, and on major opportunity sites consistent with the Land Use Element. • Housing Element Policy 1.3 Facilitate the production of mixed residential-commercial uses through the use of appropriate development standards, design and compatibility review, and regulatory and financial incentives. • Housing Element Policy 1.5 Provide appropriate development standards and incentives to facilitate cohousing, live-work, mixed-use, accessory dwellings, single-room occupancy, and other alternative types of housing. • Housing Element Policy 2.1 Encourage the production of affordable rental and ownership housing through inclusionary requirements.
• Housing Element Policy 2.2 Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means. • Housing Element Policy 5.3 Ensure that the character and design of both infill development and remodel/rehabilitation projects promote the vitality of existing neighborhoods. • Housing Element Policy 6.1 Ensure a compatible relationship between new housing and circulation patterns and encourage pedestrian and bicycle friendly communities in order to minimize traffic impacts on quality of life.
• Housing Element Policy 6.7 Promote transit-oriented, mixed-use residential developments that are close to services, reduce dependence on automobile use, and are of high quality. • CD1.1.4 Identify and emphasize distinguishing natural features that strengthen Santa Cruz’s visual image (i.e., open space, Monterey Bay).
• CD1.4.2 Consider visual access to nearby natural areas as part of developmental review.

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• CD1.5.1 Enhance the prominence of the San Lorenzo River as a natural feature that provides structure, orientation, and recreational enjoyment by including it in surrounding area and management plans. • CD1.5.2 Provide incentives for new development adjacent to the San Lorenzo River that includes patios overlooking the river, enhanced connections to the levee trails, and other design features that connect the built environment to the river.
• CD3.1.1 Strengthen the linkage between Downtown, the Beach Area, and San Lorenzo River through amendments to corresponding Area Plans and the Zoning Ordinance. • CD3.1.2 Maintain, update, and implement the City’s San Lorenzo Urban River Plan. • CD3.3.1 Develop incentives to encourage the assembly of small parcels through Area Plan amendments and Zoning Ordinance changes.
• CD4.1.3 Identify and establish design concepts that make visitor-serving corridors attractive and interesting through landscaping, banners, flags, art, and displays. • CD4.2.3 Underground utilities when major road improvement or reconstruction is proposed, if possible. • CD4.3.4 Maintain an ordinance requiring replacement and maintenance when heritage tree removal is necessary for new development.
• CD4.3.6 Implement streetscape and other landscaping plans in the City's Area and Specific Plans. • CD5.2.1 Encourage buildings to be oriented towards sidewalks, public plazas, walkways, or rivers and to include features such as public benches and natural seating areas. • CD5.2.2 Encourage the incorporation of public benches and natural seating areas along public walkways and in public plazas and parks.
• CD5.2.4 Ensure that new and revised design guidelines encourage the use of pedestrian-scaled fenestration, awnings, entrances, landscaping, and other amenities.
• LU1.1.2 Create incentives for the consolidation of underdeveloped parcels relative to development potential. • LU1.2.1 Environmental review for specific projects shall be accompanied by sufficient technical data and reviewed by appropriate departments.
• LU2.3.1 Protect, maintain, and enhance publicly accessible coastal and open space areas. • LU3.1.1 Encourage through incentives and expedited permit processing a variety of housing types, when appropriate.
• LU3.3.1 Amend the Zoning Ordinance to discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors. • LU3.7.1 Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
• LU3.11.2 Ensure appropriate land uses and development standards that do not adversely impact adjacent open spaces.
• LU4.1.1 Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
• M1.1.1 Create walkable, transit-oriented activity centers throughout the city. • M1.1.2 Connect activity centers with pedestrian and bicycle paths. • M2.1.2 Encourage use of alternative modes of transportation. • M2.3.1 Design for and accommodate multiple transportation modes. • M4.1.6 Enhance the pedestrian orientation of the Downtown Central Business District.

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• M4.1.7 Require the site and building design facilitate pedestrian activity. • M4.1.9 Require landscaping in the development, replacement, and repair of sidewalks, including the placement of trees on private property and/or in tree wells on sidewalks. • ED1.1.6 Revitalize the Riverfront area.
• ED1.7.2 Diversify the range of visitor attractions in Santa Cruz, particularly those that draw on the city’s unique natural and cultural assets.
• ED5.1.1 Provide for the development of supporting land uses adjacent to retail shopping areas, while assuring protection of existing residential neighborhoods.
• ED5.3.1 Provide for attractive commercial development (including more intensive and higher quality ground floor retail) along commercial corridors provided the uses are compatible with or transition easily to adjacent residential areas.
• ED5.5.1 Enhance Downtown as a welcoming and inviting destination for residents, visitors, and businesses. • ED5.5.4 Create a distinctive and active pedestrian environment downtown • ED5.5.5 Allow for the extension of café and retail uses within the public right-of-way, subject to design standards and management guidelines.
• HZ6.4.8 Minimize the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate or channel floodwaters.
• PR1.1.3 Evaluate all lands, regardless of size, for their potential development as small parks, community gardens, or landscape lots.
• PR1.6.1 Maintain and enhance access for vehicles, transit, bicycles, and pedestrians. • PR3.1.1 Provide recreational and educational opportunities within the open space lands and coastline consistent with adopted master or management plans.
• PR4.1.3 Maintain and enhance the recreational value of the San Lorenzo River walkway and the East and West Cliff Drive pathways
• NRC1.1.2 Where consistent with riparian and wetland protection, provide actual or visual access of a lowimpact nature • NRC1.1.1 Require setbacks and implementation of standards and guidelines for development and improvements within the city and adjacent to creeks and wetlands as set forth in the Citywide Creeks and Wetlands Management Plan.
• NRC1.3.1 Conserve creek, riparian, and wetland resources in accordance with the adopted City-wide Creeks and Wetlands Management Plan and the San Lorenzo River Plan.

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Zoning Consistency
Downtown Plan Development Standards Consistency Analysis Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
Height and stepback requirements
a. Base Height and Floors. No new development shall exceed a base height of 50 feet (measured to the top of parapet or eaves on the highest floor). Within this base height, no more than 3 floors with a mix of uses above the ground-level retail use will be permitted within the maximum base height of 50 feet.

Yes: Base height is up to and
including the 4th floor, at 45’
building height
No: Base height is up to and
including the 6th floor, at 63’4”
building height. Applicant
requesting density bonus waiver
from this standard.
b. Mechanical Penthouses. Uninhabitable mechanical
penthouses will be permitted above the base height to a maximum height of 60 feet, provided that such penthouses are set back from the face of buildings by a minimum of 15 feet and that sloping roofs meet the provisions of c. below, unless the penthouse is architecturally integrated into the building facade.

Yes: Mechanical units set back 25’, roof is flat
c. Upper Level Stepbacks from Streets and Public
Passageways. In order to promote a pedestrian scale, to increase light to the street, and to reduce overall building mass and scale, development above 50 feet in height shall be required to step back from the Front Street façade a minimum of 10 feet. At least 50% of building frontage along Front Street and Soquel Avenue shall step back 10 feet above the height of 50 feet. Buildings adjacent to River Street, east-west streets, and publicly accessible passageways shall step back at least 10 feet from the street for any height above 35 feet.

Yes: Stepbacks at 5th floor are

50.3% of floors below.

Yes: Upper floors are all set
back from Soquel frontage at
least 10 feet.

No: Stepbacks start at 7th floor.

No: Stepback at 7th floor is 45.1%
of floors below.

Applicant requesting density
bonus waiver for height of
stepback and amount of
stepback along 7th floor.

Yes: Stepback at 8th floor is

64.7% of floors 1-6.

Yes: Along Soquel, upper floors
are all set back from that
frontage.
d. Upper Level Stepback from River. Along the west side of the Riverwalk, development shall step back 10 feet from the exterior wall face above the 50 foot height level as measured from Front Street sidewalk elevation. Allow up to 25% of the Riverwalk building frontage to encroach into the required 10- foot stepback area to provide for massing variation. (See Figure E-1).

Building width approximately
312”
5th floor and above stepped
back at least 10 feet from 2nd
floor is approximately: 23’4” +
Building width approximately
312”
5th and 6th floors not stepped
back from building face.

30.88 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-5 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
6’5” + 10’10” + 41’7” + 20’3”
+ 45’3” + 29’ = 176’ 6”
Stepback is approximately

56.5% of building face
Staff supports variation to
development standard.

Applicant requesting density
bonus waiver for height of
stepback.
7th floor and above stepped back
at least 10 feet from 2nd floor is
approximately: 23’4” + 6’5” +
10’10” + 41’7” + 20’3” + 45’3” +
29’ = 176’ 6”
Stepback is approximately 56.5%
of building face
Staff supports variation to
development standard.

Build-to lines and setbacks
a. Sidewalk Width. In locations where the sidewalk is less than 12 feet wide, development shall be set back from the property line to create a 12-foot sidewalk. Development along Laurel Street and Front Street shall dedicate sufficient property to result in a sidewalk depth of at least 12 feet. The precise dedication shall be consistent with the final Laurel Street design and shall be established with a build-to line.

Yes: 12’ sidewalk proposed along Front St
b. Gateway Landscaping. New development along Water
Street (south side), Laurel Street (north side), and Soquel Avenue shall be set back from the sidewalk by 10 feet to allow for generous gateway landscaping treatment.

No: While building wall is set back 10 feet from the sidewalk, the building stairs encroach very close to sidewalk. Staff supports variation to development standard.
c. Building Length. Between Soquel Avenue and Laurel Street, limit the length of individual buildings along Front Street to a maximum of 300 feet of lineal street frontage, subject to the performance criteria for improved public access to the
Riverwalk from Front Street at the key connection points of Cathcart Street, near Elm Street and Maple Street. (See Figure E-2)
Yes: Building length is approx. 292’
d. Riverwalk Property Line. No setback from the Riverwalk property line is required.

Yes: No issue
e. Encroachments. Development along the Riverwalk shall not encroach beyond the property line of the parcel, except in cases where levee-facing “people oriented” commercial
activities incorporate public access points to the Riverwalk.

Top floor cantilevered portions of the building are allowed to encroach over the property line a maximum of 5 feet in order to provide architectural interest to the façade. Such
cantilevered encroachment over the property line shall not exceed 25 percent of the total building frontage along the riverfront.

Yes: Building does not encroach beyond property line. Public plaza proposed between building and Riverwalk.

3. Storefront Treatment.

While it is recognized that the Front Street/Riverfront Corridor is less pedestrian intensive than the Pacific Avenue District, the groundlevel treatment of commercial buildings and parking structures within the area shall generally comply with those for the Pacific Avenue Retail District in terms of: storefront access, transparency and variation; and the use of awnings and canopies. Special attention shall be given to the treatment of intersections, to reinforce their gateway role to Pacific Avenue and to create a high level of interest and activity along the street.

The following development standards are those from the Pacific Avenue Retail District that relate to storefront access, transparency and variation, and the use of awnings and canopies.

30.89 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-6 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes

1. Primary Entrance. All buildings with frontage along Pacific Avenue shall have a primary entrance on Pacific Avenue. [Front St]
Yes: Building has commercial and residential lobby entrances on Front St.

3. Door Entry Frequency. Establishments with frontage along Pacific Avenue shall provide door entries no further distant than 50 feet along the Pacific Avenue or east-west street frontage.

Yes: Entrances are up to 52’ apart which is generally consistent with standard

4. Open Entries to Street. Street front entries shall remain unlocked and unblocked and shall remain in use during store hours.

Included as condition of approval

5. Unique Entrances. The ground floor frontage along Pacific Avenue shall be modulated, articulated, textured, colored and given such other architectural treatment to provide a visually differentiated store "front” every 25 feet.

Yes: Variation among storefronts is shown.
c. Awnings. Provide awnings that may overhang the sidewalk a maximum of 6 feet with a vertical clearance above the
sidewalk between 8 feet and 14 feet.

Yes: Awnings approximately 8’3” above sidewalk surface. Awnings project about 3’6” from building face. Top of awning approximately 9’6” above sidewalk.
f. Glazing. The use of reflective or tinted glass in ground level show windows is prohibited.

Included as condition of approval
g. Store Displays. Store displays shall be configured in such a way as to allow pedestrians to see into the store from the sidewalk. Goods, posters, photos or other visual images shall be placed a sufficient distance from the store windows to enable pedestrians to see clearly into the store.

Included as condition of approval

4. Riverwalk Promenade.

The Riverwalk Promenade is the paved bicycle and pedestrian path on top of the river levee. The interface between the public Riverwalk and the adjacent private development is a vitally important element of the Downtown Plan. As such, all development along the Riverwalk will involve some form of public/private partnership and cooperation. Key performance criteria include:
a. Riverwalk Setback. Residential or outdoor commercial uses adjacent to the Riverwalk shall be no closer than 10 feet from the western edge of the physical walkway, except where
“people-oriented” commercial uses incorporate public access points to the Riverwalk.

Yes: Building approximately 30 feet from Riverwalk, outdoor dining patio approximately 40 feet from Riverwalk.
b. Levee Fill. All development shall fill the western slope of the levee (which may include both public and private property) as directed by the City of Santa Cruz and Army Corps of Engineers to create a level condition between the Riverwalk and the adjacent building. The filled area may terrace up from the maximum 24inch wall to the finished floor of the development in a way that allows for the outdoor spaces to be publicly accessible. (See Figure E-1.)
Project proposes to fill western slope of levee. Fill area slopes and terraces up to development while being publicly accessible.

Condition of approval requires applicant to obtain permit from Army Corps prior to issuance of building or grading permit.
c. Retaining Wall at Property Line. Design the wall of the ground level of the building to structurally support fill material, and to provide appropriate under-drainage.

Condition of approval requires building permit plans to show how this will be done and submittal of a geotechnical review letter to confirm design is appropriately implemented on plans.
d. Landscaping. Landscaping this private and public space shall incorporate trees and vegetation appropriate to the river environment. Walls along the Riverwalk shall not exceed 24 inches in height and shall be set back from the promenade by at least 10 feet. Other than trees, landscaping shall not exceed 42 inches in height above grade. Trees planted as part of the San Lorenzo Flood Control Improvement Project should be maintained and incorporated into new development where feasible and where not in conflict with the required fill or publicly accessible amenities.

Yes: Walls do not exceed 24 inches in height. Extension slopes and terraces with small steps that are considered part of landscaping.

Condition of approval requires landscape plants other than trees to be no more than 42 inches in height.
e. Extension Area License Agreement for Public Space. The City shall consider negotiated Extension Area license
Extension Area License Agreement required as condition of approval.

30.90 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-7 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
agreements on the publicly owned land on the west side of the Riverwalk for open space purposes that promote activity and overlook the Riverwalk and river. The publically accessible open space area shall be visually open and accessible from the Riverwalk, but may be delineated with a low fence or hedge no more than 42 inches in height.
f. Commercial Criteria. In the case of commercial
development, the area subject to the license agreement may be terraced and shall be designed to accommodate outdoor eating or public seating, and shall be within 24 inches of the Riverwalk elevation.

No: Extension area includes terracing and includes outdoor eating and public seating. However, highest elevation of extension area is more than 24” above Riverwalk elevation. Staff supports variation to development standard.
g. Public/Private Interface. In the case of residential development, the area subject to the license agreement and associated private yard shall be designed as a visually accessible garden space that provides a transition to the public Riverwalk. Residential entrances facing the river shall be elevated at least 18 inches, but no more than 5 feet above the Riverwalk to create privacy and differentiation of public and private spaces.
n/a: no private yards proposed in the extension area.
h. Entrances Along Riverfront. Entries, either to individual residential units or common entrances, or to commercial establishments, shall be provided along the riverfront
promenade at intervals no greater than 75 feet.

Yes: greatest distance between entrances is approximately 50 feet. i. Fencing. Fencing shall be decorative, visually open rail material, creating a visual connection between the private and public spaces.

Yes: Fencing between plaza and public courtyard is bird-safe glass.

Condition of approval requires railing along perimeter of outdoor dining patio to be open metal railing or bird safe glass. j. Visually Open Development. Solid vegetation in the form of a visual screen or hedge is prohibited and views to the Riverwalk from private open spaces are required. Line of sight views between the development and the Riverwalk are
intended to ensure a safe and interesting environment to joggers, walkers and cyclists.

Yes: extension area does not include any hedges or vegetation screens.

5. Access to the Riverwalk. Between Soquel Avenue and
Laurel Streets along Front Street, new development shall provide east-west public access between the Riverwalk and the Front Street sidewalk at or near the extension of Cathcart Street, Elm Street and Maple Street. Developers of riverfront properties shall be required to physically and/or financially contribute their fair share through conditions of approval, an Improvement District, Development Agreement, or similar mechanisms to the improvement of these publicly accessible connections. Development shall be consistent with the
following performance standards: [lists five development standards for paseos]
Condition of approval requires project to financially contribute fair share for improvements associated with such public access.

Development standards for paseos do not apply since property does not include and is not directly adjacent to an identified future paseo.

6. Upper-Level Facade Treatment.

The treatment of upper-level facades shall generally comply with the guidelines for the Pacific Avenue Retail District in terms of building rhythm, corner treatment, windows, roof treatment, building materials, colors and planting, and rear service lanes.

C.3. Upper-Level Facades. (i.e., the two to three levels of building wall up to the 55-foot Base Height) Upper-level facades shall provide a counterpoint to the storefronts below, and provide a visually interesting and varied edge to the public space of the street. In general, the upper level façade shall be built to the property line and consist of carefully composed “punctured openings” within a richly detailed wall. A variety of Yes: Includes balconies, horizontal and vertical lines, variety of material types, bayed out and recessed portions

30.91 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-8 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
treatments shall be introduced to create richness in both the horizontal and vertical planes, including:
• balconies
• bay windows
• flower boxes
• awnings
• cornice and belt courses, etc.

C.4. Streetwall. To create a visually interesting “streetwall” with a rhythm and cadence that is reflective of the pattern of development along Pacific Avenue, building facades shall introduce variation at general intervals of 25 to 50 feet with the use of:
• fenestration,
• architectural elements,
• building materials, and/or
• building planes.

Large, uninterrupted expanses of horizontal or vertical wall surface shall be avoided. Regardless of property
lines, the appearance shall be of a street with varying architectural treatments at intervals of no more than 50 to 75 feet. The multiple rhythms shall be created through the careful design of building elements and threedimensional articulation of building elements sufficient to mitigate the presence of long, blank walls along Pacific Avenue, Front Street and Cedar Street the east-west
streets, and the alleys. Elements that make up the
rhythmic variation may include, but are not limited to:
• recessed windows;
• projecting windows;
• bay windows;
• structural elements;
• surface textures, patterns and colors;
• trim elements;
• balconies;
• belt-cornices;
• cornices;
• awnings and shutters; and
• landscape elements.

Yes: Rhythm is present through balconies, use of material changes along building wall, recesses and projections. Some materials from ground floor carried above within each section.

C.6. Windows. Building walls shall be punctured by wellproportioned openings that provide three dimensional relief, detail, interest and rhythmic variation on the facade. Variation in rhythm shall be provided both horizontally and vertically.

Large expanses of glass on the upper levels shall be
considered only where activities of interest to the pedestrian can be highlighted, and in such cases, the design of these openings shall be carefully integrated City of Santa Cruz Downtown Plan Development Standards and Design
Guidelines Page 53 within the overall facade composition.

Windows shall be recessed a minimum of six inches from the face of the wall to emphasize the thickness of the wall consistent with the historical, traditional and newer buildings on Pacific Avenue; or windows other than bay windows may project from the wall six inches maximum into the public rightof-way. Windows shall be of high quality and shall be operable at the upper level and composed of elements that emulate the Yes: project includes a variety of window sizes that help to define each building segment and differentiate ground floor from upper floors.

30.92 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-9 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
size and detail of the windows on Pacific Avenue. Window moldings and/or shutters with projections up to six inches are encouraged to provide detail, shade and articulation to building facades.

C.7. Upper Level Bay Windows and Balconies. Bay or projecting windows and balconies are encouraged and may be permitted on upper levels of buildings, provided that a minimum of 10 feet of clearance is provided to grade and that the following provisions are met: a. The projection into the public right-of-way or designated setback area is no more than 3 feet; where sidewalks are less than 10 feet in depth, this projection shall be limited to 2 feet; along alleys, no projection shall be closer than 8 feet to the centerline of any alley. b. The glass area of the bay window, and the open portions of each balcony, shall not be less than 50 percent of the total area of the vertical surfaces of the projection. c. Bay windows and balconies shall "punctuate" rather than dominate the facade; to this end, the maximum length of bay windows shall be 15 feet at the
property line or setback line; this width shall be reduced to a maximum width of 9 feet at the full projection of 3 feet, by means of 45 degree angles at the sides of all projecting bay windows. Perpendicular bay windows and balconies (or
projections at a different angle) may be permitted, provided that they remain within the outside dimensions described above. Unless balconies are used as a means of distinguishing the storefront area from the upper-level facades, they shall be generally 15 feet in width or less. d. The minimum horizontal separation between bay windows, between balconies, and
between bay windows and balconies shall be three feet as measured from the face of the building wall along the property line or setback line. A bay window or balcony shall not occur within two feet of the building edge. The intent of this guideline is to ensure that bay windows and balconies do not visually dominate the building wall.

Yes: Awning below second floor balconies projects 2’3” over the sidewalk at 13’ above grade. Balconies themselves do not project.

Balconies are less than 15 feet wide. Balconies are at least 3 feet apart. Balconies are located at Front/Soquel building corner but do not dominate the building design and instead add visual detail/articulation to corner.

C.8. Skyline Architectural Variations. Special attention shall be paid to the articulation of the top portion of buildings such as variation in height, massing, materials, horizontal bands, cornices and parapets. Rooflines shall be broken at intervals no greater than 50 to 60 feet by roof elements or step backs to reinforce the predominant building increment along Pacific Avenue. Interesting and varied roof forms are encouraged.

Rooftop equipment shall be completely concealed from view and integrated within the architectural vocabulary of the building. The use of landscaped roof terraces and gardens is also recommended.

Yes: Roofline articulates horizontally as well as vertically and uses different materials and colors. Longest roofline segment about 50 feet, most considerably shorter. Architectural fins extending above roofline help to create interesting roofline. Rooftop equipment set back to center of roof and will not be visible. Rooftop garden proposed.

C.9. Building Materials. To extend the character of the existing downtown, building materials shall evoke honesty and solidity.

Stone, brick and stucco, richly detailed to provide visual interest and variation, are encouraged as the predominant building materials. While wood and metal are desirable
materials for window casings and trim, large expanses of wood or metal siding are discouraged as the predominant building materials. Such materials are considered appropriate for ornamental elements on the facade. Applied brick tiles that attempt to give the appearance of genuine masonry are also discouraged as the predominant building material. Decorative Yes: stucco is one of main building materials, metallic siding is used as accent and not as main feature.

30.93 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-10 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
ceramic tiles are encouraged, however, as accent features.

Reflective glass is prohibited.

C.10. Colors. Materials shall be relatively light in color. To create a lively visual environment, earth tones, terra-cotta, pastels or whites, accented with dark or bright colors, are recommended. Roofing materials and accenting features such as canopies, cornices, tile accents, etc. shall also offer color variation. The color scheme for the building shall be compatible in color and value with the adjacent structures and shall be compatible with and sympathetic to the overall color palette of the buildings in the block and the downtown.

Yes: Proposed colors include beige, grey, greyish blue with brighter blue, green, and brown or red accents. These colors blend in well with other buildings. Roofline is mostly grey and white with brighter accents. Building colors are compatible with nearby buildings that have colors such as beige, blue, white, and brick.

C.11. Landscape Provisions. To promote a unique image and identity of downtown in its coastal setting, buildings shall incorporate provisions for planting, including flower boxes, topiary planting, and climbing vines. Plant materials within the planters, planting beds, flower boxes and flower pots shall provide color and variety throughout the year. The use of artificial plants shall not be permitted. At least two of the following landscape concepts shall be incorporated into each Pacific Avenue or East-West Streets façade design (or 30 feet of retail frontage). In general, the landscape shall aggregately cover a minimum of 25 percent of the length of the storefront:
a. Landscape setbacks up to 18 inches in depth. b. Landscape planters recessed into Pacific Avenue sidewalk, up to 18 inches into the public right-of-way. c. Planter boxes no more than 24 inches in height may be permitted to project into the public right-of-way up to 18 inches. Window boxes also may be permitted to project from bay windows and balconies by 18 inches. Planter and window boxes shall provide internal and concealed drains connected to roof drains to avoid overflow to the street; they shall also be designed with high quality durable materials that are compatible and integral with the building façade. City of Santa Cruz Downtown Plan Development
Standards and Design Guidelines Page 55 d. Hanging flower pots may project into the public right-of-way up to 18 inches and shall have a minimum 8-foot clearance within the public right-of-way unless hanging directly above planter boxes. e.

Trellis structures supporting climbing vines that may project up to six inches into the public right-of-way or, where more than eight feet above the sidewalk, may project up to 18 inches into the public right-of-way.

Yes: planter boxes included on second floor patios on the Soquel Avenue elevation.

7. Gateway Treatments.

New development that occurs at key gateway intersections to the downtown (e.g., RiverWater; Pacific-Front; Cooper-Front; Soquel-Front; Cathcart-Front; Laurel-Front) shall be articulated to accentuate this condition. Treatments could include corner towers or turrets, setbacks, distinctive changes in fenestration and materials, etc.

Yes: gateway treatments include paved and landscaped corner plaza at Front and Soquel Avenue, outdoor dining patios facing Soquel Avenue and the Riverwalk, stairs connecting corner plaza to outdoor dining patio, building articulation with balconies on upper floors at Soquel Avenue and Front Street, well-articulated building wall facing Soquel Avenue with variety of materials and colors.

8. Riverfront Residential.

Residential development occurring along the Front
Street/Riverfront Corridor, or future residential development that may occur as part of a mixed-use development on the northeast corner of the Front/Soquel intersection, shall be highly articulated and expressive of the individual units within the complex. The use of sloping roofs, recessed loggias and Yes: Design includes variation in vertical segments to create variation horizontally across the building rather than one homogenous theme. Includes a variety of exterior materials as well as balconies to articulate the appearance of individual units/sections. This elevation is composed of three building fingers leading back to deeply recessed courtyards, creating the appearance of three buildings from this perspective and not one long building wall. Northernmost finger of building is two stories

30.94 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-11 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
balconies, bay windows, dormers and chimneys shall be
carefully composed to create an intricate composition that expresses individual unit modules to the maximum extent practicable. A variety of building materials is encouraged, including the building materials recommended for the Pacific Avenue district above (e.g., stucco, brick, and stone). To avoid the creation of a "wall" of development along the riverfront between Soquel and Laurel Streets, development shall be highly articulated with variation in height. The required 10-foot side yard setbacks shall also serve to break up the mass of development along this important edge.
shorter than the other two fingers to the south. The two southern fingers are also additionally set back on upper floors. Building meets 10-foot side yard setback on either side of the Riverwalk elevation.

9. Public and Private Parking Facilities.

The Front Street/Riverfront Corridor is within the Downtown Parking District #1 and development shall comply with all parking requirements set forth within that district.
a. Surface Lot Landscaping. Existing and/or expanded surface parking lots within the Front Street/Riverfront Corridor shall be well landscaped. In addition to the landscaped area
requirements for surface parking provided in the zoning ordinance, surface lots shall provide at least one tree for every four parking spaces, distributed throughout the lot. Surface lots shall be screened from the public sidewalk with low walls, planters, or hedges.
n/a: surface lot not proposed
b. West Side of Front Street. Allow parking facilities along the west side of Front Street south of Soquel Avenue, where only one driveway curb cut shall be permitted per parking facility per street frontage; the parking facility shall not extend to street corners; and the parking facility shall be architecturally integrated within the overall building composition.

Yes: only one driveway proposed near south end of building on Front Street. Parking is located in interior of building behind commercial uses on Soquel Avenue and commercial uses and residential lobby on Front Street.
c. Structured Parking Design. Above-grade structured parking should be visually separated at the ground level from all public sidewalks and streets by means of active storefront uses as described above. Such parking should be accessed, to the maximum extent possible, from east-west streets or rear service lanes.

Yes: parking is separated from street frontage by storefronts and residential lobby. Site does not have a rear service lane. Parking not located on the east west street, Soquel Avenue, because this is planned as a visual gateway to the downtown and not an
appropriate location for a driveway. Driveway appropriately placed along southern end of building facing Front Street.
d. Structured Parking Facades. Parking structure facades shall be designed as compatible visual extensions of other multi-story buildings.
n/a: parking is a level within the building and is not its own building. e. Structured Parking Rear Façade. Special attention shall also be given to the design of parking structure facades adjacent to rear service lanes, to reinforce their attractiveness for pedestrian use. The use of integrated trellis structures and planters along the service lanes is recommended.
n/a: parking is a level within the building and is not its own building. f. Screens and Trellises. Decorative screen and trellis elements of durable, high quality materials are also
encouraged to provide variation and interest on the facade.

Yes: south elevation adjacent to parking garage has a green screen trellis along this wall
g. Garage Ramp Visibility. Sloping floor elevations shall not occur within 10 feet of the adjacent public street.
n/a: garage at street level
h. Wrap Garage with Commercial. Where parcel depth permits, the face of the parking structure shall be set back from ground floor commercial uses.

Yes: parking level is behind commercial and residential lobby uses fronting Front Street and Soquel Avenue
i. Garage Openings. Openings shall be carefully composed within the building wall to appear as well-proportioned windows, rather than continuous strips; variation in the dimension and proportion of openings and in the horizontal and vertical planes of the facade shall be provided to create n/a: beyond entrance driveway, garage openings not proposed.

30.95 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-12 2023
Requirement
Base Plans
Meets? Yes/No/notes
Density Bonus Plans
Meets? Yes/No/notes
visual interest and to reduce the massiveness of the parking structure.
j. Entrances and Stairways. Entryways and stairways shall be located along the street edge; they shall be well lit and visible from the street to promote security and a feeling of comfort.

Entryways proposed at building edges along Front Street, Soquel Avenue, and the Riverwalk plaza. Condition of approval requires entrances to be well lit.
k. Top Deck Elevation. The top deck of all structured and encapsulated parking shall be constructed to an elevation no greater than 5 feet above that of the Riverwalk promenade and shall be screened from public view. Parking garages may exceed the maximum building length of 250 feet if they are lower than 5 feet above the adjacent levee elevation.
n/a: parking is on bottom level of building and does not include a top deck.

10. Driveways and Curb Cuts.

Limit on-site driveways along Front Street to a maximum of one driveway per property or at a spacing of at least 200 feet; driveways should be no more than 24 feet in width and to the extent practicable should be spaced from an adjacent driveway by at least 200 feet. Wider driveways may be considered based on a demonstrated need to accommodate specific vehicle
operations of a proposed development.

Yes: One driveway along Front Street, 22’ wide. No driveway proposed on rest of site’s Front Street frontage.

11. Guidance for Bird Safe Structures Along the San Lorenzo River.

The following measures shall be incorporated into all
development projects that are located between Front Street and the San Lorenzo River.
• Minimize the overall amount of glass on building exteriors facing the San Lorenzo River.
• Avoid mirrors and large areas of reflective glass.
• Avoid transparent glass skyways, walkways, or entryways, free-standing glass walls, and transparent building corners. • Utilize glass/window treatments that create a visual signal or barrier to help alert birds to presence of glass. Avoid funneling open space to a building façade.
• Strategically place landscaping to reduce reflection and views of foliage inside or through glass.
• Avoid up-lighting and spotlights. Turn non-emergency lighting off (such as by automatic shutoff), or shield it, at night to minimize light from buildings that is visible to birds, especially during bird migration season (February-May and AugustNovember).

While building includes a significant amount of glass on east elevation facing the river, many windows have balconies that create a visual barrier for birds. Project does not include mirrors or reflective glass.

To minimize the effect of substantial glazing, glass walls, transparent building corners, and funneling open space to the building facades surrounding the internal courtyards, a condition of approval requires all glazing along the Riverwalk elevation within 40 feet above grade, all glazing within 30 feet of building corners, and all glazing on building walls facing the residential courtyards to be treated for bird safety following the 2” x 4” rule with a treatment approved by the American Bird Conservancy.

A condition of approval requires the railing around the dining patio adjacent to the Riverwalk to be either American Bird Conservancy approved bird-safe glass or open metal railing.

Most landscaping is proposed below top of plaza area adjacent to Riverwalk. Condition of approval requires trees at top of plaza to be located so they are not directly adjacent to a building window to the extent possible.

Condition of approval requires trees to be omitted from residential courtyard landscaping.

Condition of approval requires the following: Avoid up-lighting and spotlights. Turn non-emergency lighting off (such as by automatic shutoff), or shield it, at night to minimize light from buildings that is visible to birds, especially during bird migration season (FebruaryMay and August-November).

Additional Height Zone B Development Standards
The project is located in the Downtown Plan’s Additional Height Zone B, which allows an increase in building height from 50 to 70 feet with a recommendation from the Planning Director and approval by City Council, and only when specific criteria are met. The project meets the required criteria for additional height as shown in the following table.

30.96 530 FRONT STREET MIXED USE DEVELOPMENT
9711.0001
MARCH A-13 2023
Required standard Base density Density Bonus
a. Eligible Development Projects. The granting of building height above the 50-foot Base Height limit is discretionary and requires a Design Permit with the recommendation of the Director of Planning to the City Council, which must approve the additional height. To achieve approval, the applicant must demonstrate that the proposed project meets the criteria described below. Applicants for development within the Additional Height Zone B may request additional height as indicated below if one of the following conditions is met:
i. The aggregate parcel size is greater than 15,000 square feet; Yes: Aggregate parcel size is 1.06 acres ii. The frontage along Front Street is greater than 100 feet; Yes: Front Street frontage is 328’ iii. The parcel is located between adjacent structures of three or more floors in height; or
No: Site is on corner lot
iv. The project qualifies for a density bonus as allowed under either State law or City adopted density bonus ordinance.

Yes: Project is requesting and qualifies for a density bonus b. Additional Height Criteria for Project Approval. The development project shall be found consistent with the following overarching City objectives:
i. The additional height will help to achieve the First Principles of the Downtown Plan (e.g. form, scale, housing, accessibility and open space);
The additional height allows the building to retain a form that provides architectural articulation as well as publicly accessible and private open space, rather than filling in the additional units within the base height. The additional height allows for an additional 64 dwelling units than
would be created under a project that met only the base height (this number does not account for the density
bonus units).
ii. The additional height will contribute to an improved social and economic environment by including a concentration of new housing; The Additional Height Request brings the building height to 70 feet (prior to density bonus) and adds 64 more
units above the 120 units within the 50-foot building
base height. The number of additional units created by
the additional height allowance is compounded by the
Density Bonus request, which creates 50 percent
additional units beyond the total allowed with the
Additional Height Request. The result is a project that provides 276 new housing units in a location adjacent to the Riverwalk and walkable to many businesses in the
downtown, generating economic and social activity in
both of these areas.
iii. The form of the development promotes the appearance of a grouping of buildings rather than large monolithic building masses; The building follows a development standard for
Additional Height Zone B that requires a building façade break with a length of at least 15 feet and depth of at least 10 feet along the Front Street elevation. This break helps to create the appearance of two distinct building segments. In addition, building articulation and varying architectural treatment along different segments of the building help to create the appearance of a grouping of buildings rather than one large, massive building wall. On the east side of the building facing the River, the building includes two large recessed courtyard areas that break
up the building massing and create the appearance of
three distinct buildings along this elevation.
iv. The development receiving additional height will physically and/or financially contribute its fair share (through an Improvement District, Development Agreement or similar mechanisms) to the
implementation of internal pedestrian connections between Front Street and the Riverwalk;
As the project is not directly adjacent to one of the
planned pedestrian connections between Front Street
and the Riverwalk, a condition of approval requires the project to financially contribute its fair share to the development of these connections.
v. The additional height will help to meaningfully achieve one or more of the following key community objectives, including but not limited to:

Affordable Housing, Day Care Center, exceed Green Building minimums, Incubator Space for Small Business, Public Access Easements, Public Right-of-way Improvements, Publicly Accessible Open Space, Structured or Shared Parking, and Transportation Demand Management concepts.

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base density project results in a greater number of
affordable units than would a standard, base-height
project.
vi. Clear demonstration of the public benefit relating to two principal objectives: high quality public access between Front Street and the river, and the appropriate treatment of the riverfront edge along the Riverwalk.

The project includes a public stairway along the north
side of the building connecting the corner of Front Street and Soquel Avenue to the second-level restaurant and
the outdoor extension area along the Riverfront. The
publicly accessible outdoor extension is appropriately
designed with landscaping, gathering spaces such as a
plaza and a terraced amphitheater, a bocce ball court to further activate the space, and steps and pathways
connecting to the Riverwalk. In addition, as required by the Downtown Plan, a condition of approval requires the project to contribute its financial fair share to public improvements associated with the planned public paseos
connecting Front Street to the Riverwalk.
c. Zone B Maximum Height and Floors. The buildings shall conform to the adopted building codes in effect at the time of building permit application to achieve the following height limits. i. For development projects on aggregated parcels larger than 15,000 square feet, the maximum height shall be 70 feet and the maximum number of floors shall be 5 floors above the required ground floor commercial use.

Project proposes 70’
height and five floors
above commercial
89’ and 8 stories including
ground floor commercial.

Applicant requesting density
bonus waiver for maximum
building height and stories.
ii. Uninhabitable mechanical penthouses will be permitted to project 5 feet above the approved additional height of building, provided that such penthouses are set back a minimum of 15 feet from any exposed face of the building, unless architecturally integrated into the building façade.
n/a, Mechanical penthouses not shown on plans.
iii. Uninhabitable architectural features at prominent gateway corners may exceed the maximum heights above for a total of no more than 15 percent of the building footprint.
n/a: Architectural features not proposed at the Front /Soquel building corner.
d. Performance Criteria. In addition to meeting the Front Street/Riverfront Corridor Development Standards and Design Guidelines, the project shall meet the following criteria, which are intended to promote the appearance of multiple buildings of varying heights, and to avoid the development of monolithic buildings:
i. Building Recessed Breaks. In order to break down the mass of buildings along Front Street and to promote the appearance of multiple buildings, require any portion of the building mass that exceeds the maximum base height of 50 feet to establish a separation or break that is open to the sky, measuring at least 15 feet along the street-front property line, with a depth no less than 10 feet as measured perpendicular from the streetfront property line. (See Figures H-5 and H-7)
The recessed breaks must provide a clear separation between building volumes, but at the same time contribute to a positive streetscape environment. The recessed space should be open to the sky above the ground level. A light-weight sheltering structure, distinct from the architecture of the principal building (e.g., steel and glass trellis, awning, canopy, or single-level storefront) may be incorporated within the recessed space to provide activity along the street and protection to the ground level activity. This structure may encroach into the setback zone by up to two feet and should extend horizontally on either side of the recessed space by at least 1 foot, but not more than 2 feet to interlock with the principal building. The structure may include sliding doors or gates that can be secured at night, provided that they are accessible and visible during daytime business hours. 10’x15’ recessed building break shown along Front Street; Recessed break is an outdoor lounge that is accessed from street or commercial space #1 and provides a positive
streetscape environment.

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ii. Skyline Architectural Variation. To promote skyline variation, the top floor of any building shall not exceed 60% of the floor area below or 60% of the building length as measured along Front Street or the Riverwalk.

Variation to the 60% floor area standard can be considered for projects that incorporate publicly accessible pedestrian connections to the Riverwalk.

Sixth floor is 59.54% of 5th
floor
Sixth floor takes up 59% of
bldg. width on Front St side
Frontage along Riverwalk is
less than 60% of building
length.

Eighth floor is approx.
21,813/28,241 = 77% of 7th
floor. Applicant is requesting
density bonus waiver to allow
this level of coverage.

Eighth floor extends across
entire Front Street frontage.

Applicant is requesting density
bonus waiver to allow this level
of coverage.

Frontage along Riverwalk is
less than 60% of building
length.
iii. Integrated Rooftop Design. Rooftops shall be fully designed and creatively integrated into the function of the building. Rooftops provide opportunities including, but not limited to, usable residential or commercial open spaces, community gardens, rainwater retention facilities, green-roof landscaping, solar panel facilities as shade structures, building mechanical equipment and other uses. These spaces shall be thoughtfully and creatively designed as part of the initial project application.

Roof plan includes roof deck/garden and shows locations for solar and mechanical equipment.
e. Application Requirements. The following materials shall be submitted with all applications for proposed buildings taller than 50 feet. i. Visual Analysis. A detailed visual analysis of the proposed building including three-dimensional perspectives to determine the visual impact of the development shall be submitted. The visual impact analysis must consider the views from key locations within the City, the views from Perspectives included from Soquel Ave, Front/Soquel
intersection, Front Street from south, Riverwalk, and an aerial perspective from above the Laurel Street bridge.

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Front Street and from the Soquel and Laurel bridges and the levee opposite the project site from a pedestrian level view. ii. Roof Design Plan. A detailed and fully integrated roof design plan that includes details of open space uses, landscaping, solar facilities, drainage, and mechanical equipment.

Roof plan includes details of roof garden and deck and
location for solar panels and mechanical equipment.

Condition of approval requires building permit plans to show roof drainage.
iii. Grading and Landscape Plan. A comprehensive grading and landscape plan for the filled area of the river levee.

Detailed grading and landscaping plans provided.
iv. Passageway Plan. For projects adjacent to the proposed publicly accessible passageways between Front Street and the Riverwalk (in the proximity of the extensions of Cathcart Street, Maple Street and Elm Street), a scaled plan shall be provided with adequate details, section drawings and other drawings that describe how the project will achieve high quality public access to the riverfront from Front Street and how the riverfront edge will be designed to reinforce the amenity value and safety of the Riverwalk. Drawings shall describe the relationship of publicly accessible spaces with adjacent proposed development activities, grading, landscape and paving materials and treatments. n/a, Project is not adjacent to one of these planned
passageways.
iii. Program Statement. A Program Statement shall be submitted indicating details of public amenities to be included in the project. The Program Statement shall specify the private funding mechanism for ongoing management and maintenance of the exterior common areas, including public and private spaces between the Riverwalk and the development and any adjacent paseo or passageway from Front Street to the Riverwalk. The Program Statement shall specify the method of participation in the City’s affordable housing program, if applicable.

The program statement details the public use of the extension area between the building and the Riverwalk. A condition of approval requires the development to privately fund the ongoing management and maintenance of the exterior
common areas and will require the applicant to indicate the source of that funding. The statement describes the project’s affordable housing including inclusionary units and additional affordability associated with Density Bonus request.

All Central Business District Storefront Standards and Guidelines Required standard Base density Density bonus

1. Storefront Projections and Setbacks. In addition to landscape elements, storefronts are encouraged to introduce architectural variation at the pedestrian level in order to create a diverse building edge between the public and private realms. More specifically:
a. Bay Windows. Storefront bay windows may project up
to 12 inches into the public right-of-way, if such windows maintain glazing on all projecting faces, and if the
windows do not exceed 15 feet in width. A clearance of
at least 12 inches between the bottom of the projecting bay and the sidewalk is recommended.
n/a: Bay windows not proposed.
b. Porticos. Entry porticos may project up to 12 inches into the public right-of-way.
n/a: No projections proposed into right of way.
c. Entry Setbacks. Entry setbacks may be permitted up
to 48 inches from the property line.

Proposed storefront entries are set back 3’2” to 3’9” from property line. d. Marquis and Canopies. Permanent marquis
structures or canopies that project from the buildings are encouraged, but shall be confined to entry lobbies
leading to upper level residential or office uses, or to public-oriented passages that provide for pedestrian
access through the block. They shall be designed as an
attractive and integral part of the overall facade design, shall project no more than 6 feet from the face of the
building, take up no more than 10 feet of frontage, and maintain a clearance of at least 8 feet above the
sidewalk surface. No column supports shall be permitted within the public right-of-way.
n/a: Permanent marquis structures or canopies are not proposed. e. Projecting Signs. Projecting signs are encouraged on storefronts consistent with the sign regulations for the Central Business District in the Zoning Code.
n/a: Location of storefront signage proposed atop projecting awnings above doors. Condition of approval requires any signage for commercial spaces to obtain a Sign Permit.

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Required standard Base density Density bonus
f. Awnings. Awnings overhanging the sidewalk are also
encouraged to further enhance the life and variety of the street. The preferred material for awnings is canvas, but other materials will be considered if they are light in character and can be architecturally integrated with the building facade. Awnings shall be maintained at least 8 feet above the sidewalk surface, and shall be carefully designed to complement the overall facade design.

Under standard conditions (e.g., not within retail
extension zones), storefront awnings shall not project
more than 6 feet into the public right-of-way, and
generally shall not be higher than 14 feet above the
sidewalk. Awnings above 14 feet in height shall not
project more than 3 feet into the public right-of-way.

Condition of approval requires building permit plans to label awning material and that it shall be light in character. Awnings approximately 8’3” above sidewalk surface. Awnings project about 3’6” from building face.

Top of awning approximately 9’6” above sidewalk.

2. Storefront Variation and Craftsmanship. The visual
experience of moving along the street shall be enjoyable and varied. Changes in treatment (e.g., the use of
porticos, setbacks, architectural elements, landscape
treatments, etc.), within the standards and guidelines
are outlined above and below. Particular attention shall be given to the craftsmanship and detailing within the
pedestrian's range of touch and view. The use of special materials (e.g., stone, brass, bronze, terra cotta,
ceramic, wood) for storefront ornamentation is strongly encouraged, particularly around windows and entries
and at the base of building walls.

Front Street frontage includes a varied building line with setback entries and a variety of storefront materials and colors. Landscaping treatments include a circular landscape planter at the plaza at the corner of Front Street and Soquel Avenue, a green wall along the side of the exterior stairs adjacent to Soquel Avenue, and planter boxes on the patio areas at the top of these stairs.

3. Retractable Storefronts. Where appropriate, the use
of retractable storefronts is encouraged to create a
direct relationship between sidewalk activity and the
commercial establishment; this treatment is particularly encouraged for restaurants where outdoor seating is
proposed, or for retail establishments that include an
extension area within the public right-of-way.
n/a: retractable storefronts not proposed.

4. Storefront Landscape Elements. The introduction of plant materials on the building face and storefront is strongly encouraged to reinforce and extend the landscape identity of Pacific Avenue and the downtown. More specifically:
a. Storefront Setbacks. Storefront setbacks of up to 18 inches may be permitted for the introduction of low
planters of up to 12 inches in height below storefront
windows.
n/a: Low planters at storefront windows not proposed.
b. Sidewalk Planting. The sidewalk paving along Pacific Avenue may be designed to allow for planting beds at
sidewalk level to encroach into the public right-of-way up to 18 inches. Such planting beds shall include durable
curbing (up to 3 inches in height) to provide a clear
visual separation.

Project not located on Pacific Avenue. Plaza at Front Street-Soquel Avenue corner includes circular planter. Condition of approval requires this planter to include durable curbing (up to 3 inches in height) to provide a clear visual separation.
c. Planter and Window Boxes. Planter and window boxes
may be allowed to project into the public right-of-way up to 18 inches, with a maximum height of 24 inches above
the sidewalk level. It is recommended that window boxes maintain a clearance of 12 inches above the sidewalk,
not including decorative support braces. Window boxes
shall be designed as a compatible and integral extension of the storefront window casing; materials shall be
durable and of high quality. Planter and window boxes
shall also provide for internal drainage connecting to roof drain lines.

Planter boxes proposed adjacent to but outside of public right of way at outdoor lounge along Front Street. A condition of approval requires these planter boxes to provide for internal drainage connecting to roof drain lines.

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All Central Business Districts Other Development Standards and Design Guidelines Required Standard Base Density Density Bonus

1. Design Variation. The Downtown Plan contains
development standards, which when implemented, are
intended to achieve the First Principles of the Plan and public objectives for the downtown. While every effort has been made to thoughtfully produce clear and concise
standards for the community, the Plan can never address or respond to all development scenarios and
circumstances. Therefore, projects that closely conform to the development standards, but with slight variations may be considered upon demonstration that the resulting
project will better achieve stated Plan and community
objectives. Such variations shall be minor in nature and must receive a positive recommendation from the
Planning Director, with final approval by the City Council.

The Planning Director supports four design variations:

Santa Cruz City CouncilApril 25, 2023

Santa Cruz City Council
April 25, 2023