Although the City’s proposed changes appear to be relatively minor, and an appropriate means of facilitating more affordable types of housing opportunities, some questions have been raised about FDU projects when state density bonus law (DBL) is also applied to such projects. This is because there are no density limits as applied to FDUs under the proposed LCP; rather, one can propose as many FDUs as would be able to be accommodated within an LCP-consistent mass (i.e., the three-dimensional allowed development space when setbacks, height limits, floor area ratio, coverage, etc. are applied). Because FDUs would be allowed to be as small as 220 square feet, it would be possible that the use of FDUs could increase density in such a case significantly more than would more traditional numeric density requirements (e.g., allowable units per acre), and should that density form the ‘base project’ to which DBL is also applied, then such density could be increased substantially, even doubled.
However, there are several important safeguards that ensure that these small housing types are not allowed to be unduly manipulated. First, the LCP allows exceptions to LCP numeric standards in DBL cases, but only where all other applicable LCP requirements are met and without any adverse coastal resource impacts. Second, that same LCP DBL provision requires that such CDP decisions under the LCP also be consistent with DBL. Put another way, in order to qualify for deviations to numeric standards, the project must be DBL consistent. And third, DBL itself includes a provision that safeguards against adverse impacts when housing like FDUs are included in proposed projects. Specifically, DBL was modified to include specific provisions for residential projects that are subject to “form-based” density standards, as would be the case for an FDU project, rather than numeric density limits. In these form-based projects, the average size of the additional units allowed by DBL cannot be larger than the average unit size in the base project (i.e., in the coastal zone, the LCP-consistent project). What this means is that a developer cannot propose a 100-unit project based on the one-hundred 220 square-foot FDUs, gain a density bonus for that project, say 25%, and then propose a DBL project with 125 units that are actually 1,000 square feet each. Rather, in that scenario, all of the additional units would still need to be 220- square feet. In other words, any DBL-allowed increase in size must be proportional to the base project. It also ensures that the increase in density results in more similarly sized, and thus more naturally affordable, units, rather than larger luxury units. While this provision is reflected in DBL and the City’s non-LCP Municipal Code, staff is recommending that it also be incorporated into the LCP for clarity, and to help harmonize the LCP with recent changes to DBL on this issue. Commission staff worked with City staff to reach agreement on the actual language to be added, and City staff are in agreement on this suggested modification.
In conclusion, the proposed amendment seeks to accommodate additional housing opportunities through incentivizing small housing units, which are more affordable by design. Doing so fulfills multiple LCP Land Use Plan (LUP, the standard of review for the proposed IP amendment) and Coastal Act objectives related to promoting more affordable housing options, especially in already developed areas able to accommodate such units. And it also helps to address the State’s housing crisis, a crisis that is particularly acute in the coastal zone. Staff thus recommends that the Commission
26.11 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
approve the proposed amendment with the identified and agreed upon modification, where the motions to do so are found on page 5 below.
Staff Note: LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on March 3, 2023. The proposed amendment affects the LCP’s IP only, and the 60-working-day deadline for the Commission to take action on it was May 30, 2023. The Commission extended the action deadline by one year, to May 30, 2024. Thus, the Commission has until May 30, 2024 to take a final action on this LCP amendment.
26.12 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
TABLE OF CONTENTS
1. MOTIONS AND RESOLUTIONS............................................................................... 5 A. Deny the IP Amendment as submitted ................................................................. 5 B. Certify the IP Amendment with Suggested Modifications ..................................... 5
2. SUGGESTED MODIFICATIONS............................................................................... 6
3. FINDINGS AND DECLARATIONS............................................................................ 6 A. Description of Proposed LCP amendment ........................................................... 6 B. Evaluation of Proposed LCP Amendment ............................................................ 8 C. California Environmental Quality Act (CEQA)..................................................... 13
EXHIBITS
Exhibit 1: Proposed IP Amendment
Exhibit 2: Proposed FDU Zoning Districts
26.13 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
1. MOTIONS AND RESOLUTIONS
Staff recommends that the Commission, after public hearing, approve the proposed LCP amendment with suggested modifications. The Commission needs to make two motions on the IP amendment in order to act on this recommendation.
A. Deny the IP Amendment as submitted
Staff recommends a YES vote on the motion below. Passage of this motion will result in rejection of the Implementation Plan Amendment and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission reject Implementation Plan Amendment LCP-3-STC-23-0005-1-Part A as submitted by the City of Santa Cruz, and I recommend a yes vote.
Resolution to Deny: The Commission hereby denies certification of LCP Amendment Number LCP-3-STC-23-0005-1-Part A as submitted by the City of Santa Cruz and adopts the findings set forth below on grounds that the Implementation Plan Amendment as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan.
Certification of the Implementation Plan Amendment would not meet the requirements of the California Environmental Quality Act as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Plan Amendment as submitted.
B. Certify the IP Amendment with Suggested Modifications Staff recommends a YES vote on the motion below. Passage of this motion will result in certification of the Implementation Plan Amendment with suggested modifications and the adoption of the following resolution and the findings. The motion to certify with suggested modifications passes only by an affirmative vote of a majority of the Commissioners present:
Motion: I move that the Commission certify LCP Amendment Number LCP-3-STC23-0005-1-Part A as submitted by the City of Santa Cruz if it is modified as suggested in this staff report, and I recommend a yes vote.
Resolution to Certify: The Commission hereby certifies LCP Amendment Number LCP-3-STC-23-0005-1-Part A, if modified as suggested, and adopts the findings set forth below on grounds that the Implementation Plan Amendment with the suggested modifications conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Plan Amendment if modified as suggested complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2) there are no further feasible alternatives and
26.14 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
mitigation measures that would substantially lessen any significant adverse impacts on the environment.
2. SUGGESTED MODIFICATIONS
The Commission hereby suggests the following modifications to the proposed Implementation Plan amendment, which are necessary to make the requisite Land Use Plan consistency findings. If the City of Santa Cruz accepts the suggested modifications within six months of Commission action (i.e., by April 13, 2023), by formal resolution of the City Council, the modified amendment will become effective upon Commission concurrence with the Executive Director’s finding that this acceptance has been properly accomplished.
1. Add new subsection 9 to IP Section 24.12.1520 (see page 12 of Exhibit 1) as follows:
9. FDUs in Density Bonus Projects. When FDUs are proposed as part of a density bonus application, sections (a) and (b) below shall be used to calculate the allowable residential density, for both the conforming base project (upon which the density bonus application is based) and the resultant density bonus project. Both of the following conditions shall apply to such units:
a. The average unit size for the base project must be equal to or greater than the average unit size for the density bonus project.
b. The percentage of units in the base project that are FDUs must be equal to or less than the percentage of units in the density bonus project that are FDUs.
3. FINDINGS AND DECLARATIONS
A. Description of Proposed LCP amendment
The Commission originally approved the City of Santa Cruz’s Local Coastal Program (LCP) in 1985, where that LCP consists of both a Land Use Plan (LUP) and an Implementation Plan (IP), and it includes provisions to carry out the requirements of the Coastal Act. The IP, among other things, lists allowable land uses for each land use designation, implements appropriate height, mass, and setback requirements for development, and specifies the coastal resource protection standards that allowable development must meet, all of which derive from and implement LUP provisions.
The City proposes to modify the LCP’s IP to update provisions related to small housing types, specifically addressing single room occupancy units (SROs),1 small ownership 1 SROs are a well-known land use planning tool that can accommodate more units in a smaller space, where such units generally have private sleeping areas with shared facilities like kitchens and bathrooms.
26.15 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
units (SOUs),2 and flexible density units (FDUs).3 Currently, in addition to more traditional residential housing types (e.g., single-family residences, ADUs, and multifamily housing), the IP includes provisions for two other types of housing units: SROs and SOUs. The intent behind these housing types is to allow for flexibility in both size (these units can be much smaller than traditional housing) as well as amenities, including providing for shared bathrooms and communal services in some cases. And importantly, these types of housing are not subject to the numeric density caps that are tied to/regulate other housing types. Instead, the underlying site development standards (e.g., for height, setbacks, parking, coverage, floor area ratio, etc.) as well as other applicable coastal resource protection standards (e.g., those protecting public coastal views, sensitive habitats, natural landforms, bluff setbacks, etc.) together dictate the number of SOU and SRO units that may be accommodated on a particular site. In other words, as long as a project meets these other requirements, there is no numeric unit limit for SROs and SOUs.
4 The City sees this construct as a way to provide for more density on a property that can accommodate it, including for more ‘affordable by design’ smaller units in portions of the City where such units are permissible,5including in downtown.
While the City has historically seen consistent SRO development,6 SOU developments have rarely been proposed, which the City believes is indicative of a disconnect between current regulations and the real estate housing market. The City identified two key constraints that likely inhibit proposal of SOU developments: namely, that SOU developments must be wholly composed of SOUs, and no more than 50% of those units can be rented. Rather than remove SOUs from the IP entirely, the City proposes to make modifications to maintain small housing development options and ideally increase the number of small unit development proposals in the future. The proposed amendment would therefore maintain key SOU provisions, while modifying provisions that inhibit their development. In addition to renaming SOUs as FDUs, the proposed amendment would:
2 SOUs are a City of Santa Cruz-specific unit-type, and are defined as a dwelling unit containing a full kitchen with no more than one bedroom that is between 400 and 650 square feet in size. 3 As proposed, SOUs would be renamed as FDUs, and all of the same provisions would apply other than FDUs would be allowed to be as small as 220 square feet (but still no more than 650 square feet, where, above that size, such units are considered to be traditional residential units). 4 Put another way, the three-dimensional allowed development space created when setbacks, height limits, floor area ratio, coverage, etc. are applied defines the massing within which SROs and SOUs must fit.
5 SOUs are allowed in only certain zoning districts: CBD (Downtown), CBD-E (Downtown, south of Laurel), CC (Commercial districts), and R-T(C) (Beach area). 6 And thus, the amendment does not significantly modify LCP provisions applicable to SROs, past making it clear that SROs need to comply with the site development standards specified in the underlying zoning district (e.g., in terms of height, setbacks, lot coverage, etc.), and that such units cannot be subdivided or individually sold so as to maintain their rental status.
26.16 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
▪ Eliminate the requirement that no more than 50% of the FDUs are to be rental units, thus allowing FDUs to be rented or owned without limitation. ▪ Lower the minimum unit size from 400 square feet to 220 square feet, but maintain the maximum unit size of 650 square feet.
▪ Remove the limitation prohibiting units from having more than one bedroom. ▪ Require projects to contain at least three dwelling units (of any type) in order to qualify for using FDUs.
▪ Allow FDUs to mix with other unit types (i.e., FDUs can be built in FDU-only developments or in developments containing FDUs and other housing unit types). ▪ Require development proposals containing FDUs in certain zoning districts to include a ground floor commercial component.7
▪ Require on-site laundry facilities, whether in-unit or shared.
As such, the proposed amendment primarily seeks to modify provisions related to SOU/FDU ownership structure, unit size, bedroom limits, minimum-dwelling unit requirements, mixed-use requirements, laundry facilities, and ability/inability to mix with other unit types. The proposed amendment would also maintain existing inclusionary requirements (i.e., where FDUs are also required to include a certain amount of deedrestricted affordable housing),8 and required LCP consistency otherwise. See Exhibit 1 for the proposed IP amendment text.
B. Evaluation of Proposed LCP Amendment
Standard of Review
The proposed amendment affects the LCP’s IP, and the standard of review for IP amendments is that they must be consistent with and adequate to carry out the provisions of the certified LCP’s LUP.
Applicable Land Use Plan Provisions
The City’s LUP includes provisions aimed at promoting, encouraging, and incentivizing housing, particularly in the denser central core area. Specifically, the LUP states:
7 Specifically, development projects proposed in the R-T(C) (Beach Area), CBD (Downtown), and CBD-E (Downtown, South of Laurel) zoning districts will be required to include a ground floor commercial component.
8 On this point, it is noted that the City’s inclusionary housing requirements, that require at least 20% of units in multiple unit projects to be affordable, are not part of the LCP, and thus not part of the standard of review for CDP applications in the coastal zone.
26.17 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
Community Design Element Policy 1.1: Infill and intensify land uses consistent with existing neighborhood or commercial district patterns in developed areas currently served by municipal services.
Community Design Element Policy 1.1.1: Focus development in the Central Core, and along arterial and mass transit corridors
Land Use Element Policy 1.7: Ensure that future growth and development of Santa Cruz occurs consistent with the City’s carrying capacity… Land Use Element Policy 2.7.2: Maximize land intensity or densities in areas unconstrained by resources or hazards and having adequate service capabilities.
Land Use Element Policy 2.6.3: Prioritize development of high-density mixed residential and commercial development in the City’s Downtown Central Business District…
Land Use Element Policy 5.3: Provide for high-density development and mixed uses, where appropriate…
Consistency Analysis
As described above, the proposed IP changes seek to incentivize development of small housing units within the City by modifying certain standards that the City indicates currently hinder their development. The changes would allow for more flexibility with small housing developments, including in terms of size, ownership, and residential mix, including to help foster mixed-income and mixed-unit size residential projects (in line with LUP policies LU 2.6.3 and LU 5.3), while still maintaining existing site development standards, such as for density and parking. In addition, all other LCP provisions that protect coastal resources would also continue to apply and are unchanged in this amendment. These future developments are limited to specific LCP zoning districts that would primarily be concentrated in downtown areas and along existing transit corridors (see the map showing where FDUs are permissible in Exhibit 2) in line with existing LUP policies (i.e., CD 1.1, CD 1.1.1, LU 2.6.3).
In short, the proposed amendment seeks to incentivize additional housing units in infill areas able to accommodate them. Doing so fulfills multiple LUP (and Coastal Act objectives) related to promoting housing – particularly types of housing that are typically lower cost and more affordable – in developed areas. Such allowance can also help to relieve pressure on building housing in the periphery of developed communities and potentially put agricultural lands and sensitive habitats at risk of conversion. The general flexibility of these units allows them to be added to residential or mixed-use development projects, thereby providing additional opportunity for such smaller housing stock. From an equity perspective, FDUs also help to provide a mix of housing prices that allow those that would normally be priced out of large housing projects to access housing within a lower budget. And small housing types provide for increased housing access for lower-income households that in recent years have been priced out of Santa
26.18 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
Cruz as housing prices and rents have skyrocketed.
9 Thus, the City views FDU and
SRO development projects as a way to provide a mix of housing options to varying income levels. And as the City aims to meet its State-mandated Regional Housing Needs Allocation (RHNA) targets for the 2024-2031 Housing Element Cycle,10 FDU and SRO projects can be an important tool to achieve such targets.
That being said, there are some questions as to how FDUs would interact in conjunction with state density bonus law (DBL). While FDUs projects by themselves are rather straightforward and simply modify density (i.e., but for an increase in density, all other LCP provisions remain the same), a project that avails itself of the state’s density bonus allowances may not be such a straightforward analytical exercise. To summarize, the state’s density bonus law (DBL)
11 allows a developer to build more units than would be normally permitted per the underlying zoning/density limitations when their proposal includes a certain amount of affordable housing units.
12 The DBL also allows for an
unlimited amount of waivers of development standards (e.g., height, setback, parking, etc.) to ensure that the larger project with the increased density can be built. 13 When
FDUs are incorporated into a proposed project – which already can be understood as a bonus of sorts given such units are ‘extra’ density beyond what’s allowable per the underlying zoning district’s density standards – that avails itself of these DBL provisions, the potential concern is that the density bonus multiplies project size and makes an already denser project even larger. And in conjunction with DBL-allowed waivers, there 9 In a recent study, Santa Cruz County was ranked as the most expensive rental market in the United States, with an average income of $63.33 an hour, or $132,000 a year, needed to afford a two-bedroom apartment (see 2023 Out of Reach Report by the National Low Income Housing Coalition). In July of 2023, the median sales price of homes in the county was $1,268,500 (see Compass Santa Cruz County August 2023 report).
10 Per its RHNA allocation, the City is responsible for developing at least an additional 3,736 units by the year 2031, made up of at least 859 very low income units, 562 low income units, 709 moderate income units, and 1,606 above moderate income units. For a City that has somewhere in the neighborhood of 23,000 units currently, 3,736 represents a roughly 15% growth target. 11 See Government Code 65915 et seq.
12 In general, DBL grants up to a 50% density bonus for residential developments that incorporate between 15% and 44% affordable units, depending on the demographic. DBL also allows for a 100% density bonus for residential developments that are 100% affordable. For example, if a developer proposes a 100-unit residential project with 90 market-rate units and 10 affordable units for very lowincome residents, this 10% affordability percentage would warrant a 33% density bonus. The developer would be entitled to 33 additional market-rate units (for a total of 133 units), though this density bonus would dilute the percentage of affordable units to 6%.
13 DBL requires a city or county to provide up to four “incentives” or “concessions” to any project that qualifies for a density bonus, depending on the number of affordable units provided.
Incentives/concessions are defined jointly to include changes in setback, square footage, and parking requirements; approval of mixed-use zoning; and any other proposal that would enhance the financial viability of the project (see Government Code Section 65915(k)). A developer may also propose to have any development standard waived or reduced in order to accommodate any density or incentive/concession allowed by DBL. Examples of waivable development standards include lot coverage, open space requirements, setbacks, and architectural design standards. There is no limit to the number of development standards waivers that may be requested or granted under DBL.
26.19 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
is the possibility that such larger projects may also deviate from LCP coastal resource protection requirements.
However, to address these potential issues, a few things are noted. First, the LCP includes a policy that allows projects to avail themselves of DBL allowances while also guarding against potential adverse coastal resource impacts. Specifically, LCP Section
24.16.262 states:
1. State density bonus law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976.
2. For development within the coastal zone, the requested density bonus and any requested incentive, concession, waiver, modification, modified parking standard, or commercial development bonus shall be consistent with State Density Bonus criteria. All applicable requirements of the certified Santa Cruz local coastal program shall be met (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access, and open space) with the exception of the numeric standards changed through State Density Bonus provisions.
Thus, the LCP already provides a specific means of applying DBL in the City’s coastal zone, where certain types of projects that provide qualifying amounts of affordable housing can avail themselves of exceptions to LCP numeric standards (e.g., maximum allowable height, minimum setbacks, etc.), but only where all other applicable LCP requirements are met and without adverse coastal resource impacts. This provision also requires consistency with DBL for projects to be able to avail themselves of such deviations. When applied to FDU/DBL projects, this existing LCP provision provides another safeguard against potential adverse coastal resource impacts.
Second, the DBL itself includes a provision to safeguard against adverse development impacts when housing like FDUs are included in proposed projects. Specifically, DBL was recently modified to include specific provisions14 for residential projects that are subject to form-based density standards.
15 In these projects, the average size of the
14 See State Density Bonus Law, Government Code Section 65915, Subsection (O), Part 6. In 2022, the Legislature enacted AB 2334 (Ch. 653, Stats. 2022), which took effect January 1, 2023. The legislation added language to DBL clarifying that when a density bonus is incorporated into a project that is subject to a form-based density standard, the project shall maintain “the same average unit size … in the proposed project as in the study.” (Government Code Section 65915(o)(6)(B).) The California Department of Housing and Community Development has since published a letter (written by Shannan West and titled RE: Base Density Calculation under AB 2334 (State Density Bonus Law). June 14, 2023) regarding base density calculations under AB 2334. The letter affirms that in cases where a base density study is prepared, the average unit size is to be maintained.
15 There are traditionally two approaches to imposing density limits in a residentially zoned area. A local jurisdiction may establish a numerical density standard, which sets a maximum density expressed as the number of dwelling units allowed per acre. On a parcel subject to a numerical density standard, identifying the base density, and subsequently the size of a density bonus, is a straightforward process of calculating the maximum number of units based on the size of the property. Alternatively, a jurisdiction may establish a form-based density standard, which limits density according to the dimensions of the
26.20 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
additional density bonus units cannot be larger than the average unit size in the base (or non-density bonus) project. What this means is that DBL projects that incorporate FDUs cannot be any larger than a DBL project that does not include FDUs since, the increased size and density must be proportional to the base project. In other words, the base project must be in conformance with the underlying zoning, and the resultant density bonus project’s extra units must be sized in proportion to that underlying project—the number of units may be larger, but their sizes must be correspondingly smaller to fit within that prescribed bonus space, where the resulting project masses for different permutations are about the same, whether they include FDUs or not. 16 It also
ensures that the increase in density yields more similarly sized units, and thus more naturally affordable units, rather than larger luxury units.
The City believes this to be an important requirement to both address the potential for supersized structures and avoid the ‘bonus on top of a bonus’ potential. Instead, the size and mix of units must be the same, including ensuring that a project that includes, for example, 25% FDUs and 75% traditional units, will also have its increased density comprised of this same 25/75 ratio.17 While this provision is reflected in both DBL and the City’s non-LCP Municipal Code,
18 it is not in the City’s LCP. Thus, Suggested
Modification 1 incorporates this provision directly into the LCP and helps harmonize the DBL with the LCP on this issue.
As modified, and in conjunction with other LCP tools discussed above, the proposed amendment should not result in any adverse coastal resource impacts and should result in additional housing opportunities in the City. In fact, the proposed amendment should be able to accommodate additional housing opportunities through incentivizing small structure allowed on a parcel given applicable zoning regulations. Under a form-based density standard, calculating the base density requires the local government or the applicant to establish the base density through a base density study, which depicts a code-compliant structure and then derives the number of units that could be constructed within that structure. The density bonus is then calculated based on the number of units identified in the base density study.
16 For example, if a site has a maximum developable area of 20,000 square feet, a developer may propose a 20-unit project consisting of 900 square-foot units and additional common space. With a 50% density bonus, the project would then be a 30-unit project consisting of the same 900 square-foot units, for a total developable area of 31,000 square feet (27,000 square feet of unit space plus 15% common areas). If the developer instead decided to utilize all FDUs, the base project could be a 35-unit project consisting of 450 square-foot FDUs plus around 25% of common areas; with a 50% density bonus, the project would then be calculated to be a 53-unit project consisting of 450 square-foot units, for a total building envelope of 30,000 square feet (23,850 square feet of unit space plus 25% common space).
Finally, if the developer decided instead to do a mix of large units and FDUs, the base project could be a 27-unit project consisting of 17 large units of 800 square feet and 10 FDUs of 400 square feet, with around 15% of common area space. With a 50% density bonus, the project would then consist of 41 units (26 large units at 800 square feet and 15 FDUs at 400 square feet for a total building envelope of 31,000 square feet (20,800 square feet for large units, 6,000 square feet for FDUs, and 15% common space). In sum, the building envelope for a DBL project for large units would be 31,000 square feet; 30,000 square feet for an all-FDU project; and 31,000 square feet for a mix of large units and FDUs. 17 Thus also ensuring that DBL projects also achieve more FDUs in that increased density rather than more larger and more expensive units.
18 See City of Santa Cruz Municipal Code Section 24.16.255.6
26.21 LCP-3-STC-23-0005-1-Part A (Small Housing Units)
housing units, which are more affordable by design. By doing so, the proposed amendment fulfills multiple LCP/LUP and Coastal Act objectives related to promoting more naturally affordable housing options, especially in already developed areas able to accommodate such units. And it also helps to address the State’s housing crisis, a crisis that is particularly acute in the coastal zone.
In sum, the amendment should help foster various types of small housing units all aimed at providing more affordable housing within the City, and in a manner that respects and protects coastal resources. The Commission thus finds the proposed amendment as modified consistent with and adequate to carry out the policies of the LUP.
C. California Environmental Quality Act (CEQA)
Section 21080.9 of the California Public Resources Code – within the California Environmental Quality Act (CEQA) – exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of LCPs and LCP amendments.
Instead, the CEQA responsibilities are assigned to the Coastal Commission; however, the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP or LCP amendment action.
Nevertheless, the Commission is required, in approving an LCP or LCP amendment submittal, to find that the approval of the proposed LCP, as amended, does conform with CEQA provisions, including the requirement in CEQA section 21080.5(d)(2)(A) that the amended LCP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment (see California Code of Regulations Title 14 Sections 13540(f) and 13555(b)).
The City of Santa Cruz’s LCP amendment consists of an IP amendment. The City of Santa Cruz found that the proposed LCP amendment is not subject to CEQA because it falls within the analyzed development potential in the City’s existing 2030 General Plan EIR, and thus additional environmental review is unwarranted. This report has discussed the relevant coastal resource issues with the proposal, and has addressed all comments received. All above findings are incorporated herein in their entirety by reference.
Therefore, the Commission finds that there are no other feasible alternatives or mitigation measures under the meaning of CEQA which would further reduce the potential for significant adverse environmental impacts, and the proposed IP amendment, as modified, conforms with CEQA.
26.22 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
F13a
LCP-3-STC-23-0005-1-PART A (SMALL HOUSING UNITS)
OCTOBER 13, 2023 HEARING
EXHIBITS
Table of Contents
Exhibit 1: Proposed Amendment Text
Exhibit 2: Map of Proposed FDU Zoning Districts
26.23 1
21.06.020 DEFINITIONS.
As used in this chapter, the following terms and phrases are defined as follows:
A. “Building, housing and sanitation codes or ordinances” shall refer to the current adopted codes specified in Title 18, the California Fire Code and International Fire Code, all as modified, adopted and codified in this code. The phrase “building, housing and sanitation codes or ordinances” shall also refer to the city of Santa Cruz zoning ordinance as codified at Title 24, the city of Santa Cruz subdivision ordinance as codified at Title 23, and all provisions of California statutory law and this code pertaining to property-related sanitation, health, safety and nuisance, as well as state regulations promulgated pursuant to California statutory law, for which the city has enforcement authority.
B. “Director” shall refer to the city’s director of planning and community development.
C. “Owner” shall mean any person who owns one or more residential rental dwelling units.
D. “Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. The terms “person,” “owner,” “operator,” and “landlord” may herein be used interchangeably.
E. “Residential rental dwelling unit” shall mean a building or portion of a building that is rented or leased to tenants for residential purposes on a nontransient basis (when one or more tenants reside on the property or rent or lease the property for thirty consecutive days or longer) and which is owned in whole or in part by a landlord. This shall include but not be limited to single-family residences, duplexes, triplexes, apartment houses, townhouse dwellings, condominiums, boarding houses, lodging houses, rooming houses, single room occupancy units, small ownership units flexible density units, hotel and motel units, sober living facilities, fraternities, sororities, and dormitories in the city of Santa Cruz.
Part 7C: R-T(C) SUBDISTRICT C – BEACH COMMERCIAL
24.10.620 USE PERMIT REQUIREMENT.
(1) The following uses require an administrative use permit and design permit and are subject to other applicable requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
(a) Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
(b) Acting/art/music/dance/studios/schools (610);
(c) Apparel and accessory stores (250);
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.24 2
(d) Churches (500);
(e) Community organizations, associations, clubs and meeting halls (570); (f) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (g) Developed parks (710);
(h) Undeveloped parks and open space (700);
(i) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (j) Educational facilities (public/private) (510);
(k) Flexible density unit (FDU) housing (15 units or fewer) as part of a mixed-use project; (k l) General merchandise stores (drug and department stores) (230); (l m) Government and public agencies (530);
(m n) Home furnishings (270);
(n o) Large family daycare homes (no design permit required unless otherwise required as a result of a structural modification to the residence);
(o p) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (p q) Mixed residential, and commercial developments when multiple family units are located above first floor of commercial uses, subject to the R-T(A) District regulations (830); (q r) Multiple dwellings, townhouse dwelling groups and condominiums (three to nine units) subject to the R-T(A) District regulations (830);
(r s) Museum and art galleries (600);
(s t) Professional offices associated with a visitor-serving use (400); (t u) Repairs, alterations, maintenance services to household items (except boat repair) (340);
(u v) Single-room occupancy (SRO) housing, fifteen units or fewer (860); (v w) Specialty retail supply stores (290);
(w x) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.25 3
(x y) Temporary structures and uses;
(y z) Video rental (360B);
(z aa) Sports and recreation facilities, without alcohol sales (720); (aa bb) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.
(2) The following uses require a special use permit and design permit and are subject to other applicable requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (b) Communication and information (550);
(c) Duplexes (810);
(d) Educational facilities (public/private) (510);
(e) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H); (f) Financial, insurance, real estate offices (420);
(g) Flexible density unit (FDU) housing (16 units or more) as part of a mixed-use project; (g h) Marine facilities and related uses (560E):
(i) Related research facilities (400L);
(ii) Related storage and warehousing (330);
(iii) Fish/seafood wholesale sales (200F);
(h i) Medical/health offices (410);
(I j) Mixed residential and commercial developments with noncommercial uses on the ground floor, subject to the R-T(A) District regulations (830); (j k) Multiple dwellings, townhouse dwelling groups and condominiums ten units or more subject to the R-T(A) District regulations (840);
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.26 4
(k l) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
(l m) Off-site public/private parking facilities, five or more spaces (930); (m n) Personal services (except contractors’ yards and mortuaries) (310); (n o) Professional offices (400), except as associated with a visitor-serving use; (o p) Single-family residences if lot size does not allow multifamily development (800); (p q) Single-room occupancy (SRO) housing, sixteen units or more (860); (q r) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(r s) Supportive and transitional housing, ten or more units subject to the R-T(A) District regulations;
(s t) Theaters (620);
(t u) Triplexes (820);
(u v) Utilities and resources (540).
Part 8: C-C COMMUNITY COMMERCIAL DISTRICT
24.10.730 USE PERMIT REQUIREMENT.
1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Accessory buildings containing plumbing fixtures subject to provisions of Section 24.12.140;
b. Ambulance services (410B);
c. Auto services and repair subject to performance standards in Section 24.12.900 (350); d. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.27 5
e. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; f. Boat repairs (340D);
g. Building materials/garden supplies (220);
h. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; i. Churches (500);
j. Communication and information services (550);
k. Community organizations, associations, clubs and meeting halls (570); l. Developed parks (710);
m. Educational facilities (public/private) (510);
n. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
o. Flexible density unit (FDU) housing, 15 units or fewer; o p. Foster family homes;
p q. Government and public agencies (530);
q r. Lodging (300);
r s. Mixed residential and commercial/office developments involving permitted or administrative uses on the ground floor and from three to nine multiple dwellings or condominiums above the first floor;
s t. Motor vehicle dealers and supplies (260);
t u. Multiple dwellings or condominiums, three to nine units subject to the minimum (net) land area per dwelling unit of the R-M District (830);
u v. Off-site public/private parking facilities, five or more spaces (930); v w. Recycling collection facilities;
w x. Single-room occupancy (SRO) housing, fifteen units or fewer (860); x y. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; y z. Temporary structures and uses;
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.28 6
z aa. Thrift stores (290m);
aa bb. Undeveloped parks and open space (700);
bb cc. Utilities and resources (540);
cc dd. Veterinarians (410A);
dd ee. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; c. Community care facilities;
d. Large family daycare;
e. Contractor/building (310E);
f. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); g. Fabricated metal products (manufacturing) (150);
h. Fabricated wire products (manufacturing) (155A);
i. Flexible density unit (FDU) housing, 16 units or more; i j. Food and beverage preparation (manufacturing) (100); j k. Furniture and fixtures (manufacturing) (120);
k l. Hospitals (520);
l m. Laboratory research experimentation, testing, software development; Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.29 7
m n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; n o. Local/interurban passenger transit (bus, cab) (560B); o p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); p q. Mixed residential and commercial/office developments, with ten or more multiple dwellings or condominiums, either above commercial uses or units on the same lot (840); q r. Multiple dwellings and condominiums, ten or more units subject to the minimum land area (net) per dwelling unit of the R-M District (840); r s. Mortuaries (310I);
s t. Motion picture production (manufacturing) (155E);
t u. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
u v. Rental services (360);
v w. Single-room occupancy (SRO) housing sixteen units or more (860); w x. Solar equipment (manufacturing) (155C);
x y. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
y z. Stone, clay, glass products (manufacturing) (140); z aa. Storage and warehouse when connected with permitted use (330); aa bb. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
bb cc. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.30 8
cc dd. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
Part 24(A): CBD SUBDISTRICT E – LOWER PACIFIC AVENUE
24.10.2370 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s Land Use Codes.
Further refinement of uses within these categories can be found in the Land Use Codes, but they are not intended to be an exhaustive list of potential uses):
a. Auto supply stores (260C);
b. Bakery, micro-brewery (subject to alcohol regulations in Part 12 of Chapter 24.12), handicrafts or similar light manufacturing and assembly uses associated with retail sales, if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
c. Brew pubs, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Churches (500);
e. Communication and information services (550);
f. Community organizations, associations, clubs, and meeting halls (570); g. Developed parks (710);
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to alcohol regulations in Part 12 of Chapter 24.12 and Section 24.14.290 (280H);
i. Financial, insurance, real estate offices (420);
j. Financial services (320);
k. Flexible density unit (FDU) housing (15 units or less) as part of a mixed-use project; lk. Foster family homes;
ml. Government and public agencies (530);
nm. Medical/health offices (except veterinarians and ambulance services) (410); Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.31 9
on. Off-site public/private parking facilities (930);
po. Professional offices (400);
qp. Professional/personal services (except contractors yards and mortuaries) (310); rq. Recycling collection facilities;
sr. Sports, recreation and entertainment facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
ts. Temporary structures and uses;
ut. Utilities and resources (540);
vu. Veterinarians (410A);
wv. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
2. The following uses are subject to approval of a special use permit and design permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s Land Use Codes. Further refinement of uses within these categories can be found in the Land Use Codes, but they are not intended to be an exhaustive list of potential uses):
a. Bar and cocktail lounges, subject to alcohol regulations in Part 12 of Chapter 24.12 (280C);
b. Community care facilities;
c. Community care residential facilities;
d. Contractor/building (310E);
e. Convenience/liquor stores, subject to alcohol regulations of Part 12 of Chapter 24.12 (240B);
f. Flexible density unit (FDU) housing (16 units or more) as part of a mixed-use project; f g. Night clubs (amplified live entertainment), subject to alcohol regulations of Part 12 of Chapter 24.12 (630);
g h. Single-room occupancy (SRO) (860);
h i. General retail merchandise (drug and department stores) exceeding sixteen thousand square feet (230);
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.32 10
i j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
24.12.240 NUMBER OF PARKING SPACES REQUIRED.
Small ownership unit (SOU) Flexible density unit (FDU) 1 space for each dwelling unit
24.12.1050 PROGRAM STANDARDS.
1. SRO 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 SRO units.
2. SRO units shall not be subdivided or individually sold.
Part 16: SMALL OWNERSHIP UNIT HOUSING
Part 16: FLEXIBLE DENSITY UNIT HOUSING
24.12.1500 PURPOSE.
The purpose of these regulations is to provide additional options for affordable ownership housing by providing incentives for the development of reduced-size ownership dwelling units, defined as small ownership units (SOU).
The purpose of these regulations is to provide additional options for housing by producing incentives for the development of reduced size dwelling units, defined as Flexible Density Units (FDU). This unit type encourages developers to create a community where a variety of income levels and household sizes interact.
24.12.1510 DEFINITION.
“Small ownership unit” or “SOU” is a dwelling unit containing no more than one bedroom and floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a residential development where all dwelling units are SOU units and are offered for sale to the general public.
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.33 11
“Flexible Density Unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and Zoning Ordinance density standards.
Developments including this unit type may consist solely of FDUs or include other residential units.
24.12.1520 DEVELOPMENT STANDARDS.
1. Density. SOU 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 SOU FDU units.
2. Unit Size. The floor area of SOU FDU units may range from a minimum of four hundred two hundred twenty square feet to a maximum of six hundred fifty square feet.
3. Unit Configuration. SOU units may have a maximum of one bedroom. No additional separate enclosed rooms with doors, except for bathrooms, shall be allowed in SOU units.
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. A residential project comprised of SOU units shall contain at least one hundred fifty square feet of usable open space per SOU unit. This requirement may be met by any combination of private and/or common open space. Common landscaped areas less than ten feet wide shall not be included in usable open space.
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 SOU 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. Bicycle Parking. One Class 1 bicycle storage facility shall be provided for each SOU FDU unit.
The required private usable storage space provided for each SOU FDU unit may be utilized to meet this requirement.
7. Covered Parking. Covered parking is not required.
8. 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.
24.12.1530 COVENANTS, CONDITIONS, AND RESTRICTIONS.
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.34 12
1. All projects comprised of SOU units shall be common interest developments as defined by Section 1351 of the California Civil Code.
2. Prior to approval of a final map for a residential project comprised of SOU units, the city attorney and director of planning and community development shall review the project’s covenants, conditions, and restrictions to ensure that they conform to the requirements of this section. The approved covenants, conditions and restrictions shall be recorded against the residential project concurrently with recordation of the final map.
3. Covenants, conditions, and restrictions for a residential project comprised of SOU units shall conform with all provisions of state law, including requirements for maintenance reserves, and shall in addition include the following provisions:
a. Prohibition on the use of garages and carports for any use other than parking moving vehicles and other uses specifically identified in the approved plans; b. Prohibition on rental of more than fifty percent of the SOU units in the residential project; c. Requirement that any SOU unit that is rented be managed by a single management company designated by the homeowners association to manage all rental units in the residential project; and
d. Requirement that the homeowners association submit an annual report to the city identifying all rental units; verifying compliance with restrictions on the use of garages and carports; and identifying the management company responsible for managing all rental units in the development.
4. SOU developments may be located in the following zoning districts:
a. R-T(C) Subdistrict C – Beach Commercial;
b. C-C Community Commercial District;
c. CBD Subdistrict E – Lower Pacific Avenue;
d. Central Business District (CBD).
24.12.1530 OPEN AND COMMON SPACE.
1. Residential or mixed-use projects containing FDUs shall contain at least one hundred fifty square feet of usable open space per FDU unit. This requirement may be met by any combination of private space, outdoor open space, or indoor common space.
2. Residential or mixed-use projects containing FDUs shall require a minimum of two hundred square feet of outdoor open space and two hundred square feet of indoor common space.
Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.35 13
shall not be included as usable indoor common space. Landscape areas that are less than ten feet wide shall not be included as outdoor open space.
3. Outdoor open spaces and indoor common spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor common space may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Appropriate furnishings for outdoor open spaces may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).
4. In any residential or mixed use development containing FDUs, common laundry facilities shall be provided on site at the rate of one washer and one dryer per ten residential units that do not contain both a washer and a dryer. Fractional ratios shall be rounded up to the next whole number.
5. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room.
24.22.361 FIRST APPROVAL.
The first of the following approvals to occur with respect to a residential development: specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other permits listed in Section 24.04.030.
24.22.362 FLEXIBLE DENSITY UNIT (FDU)
“Flexible Density Unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and Zoning Ordinance density standards.
Developments including this unit type may consist solely of FDUs or include other residential units.
24.22.366 FLOOR AREA.
The sum of the gross horizontal real floor area within the perimeter of the outside walls of all buildings, including accessory buildings and accessory dwelling units, on a lot as measured from the exterior surface of the exterior walls, with no deduction for hallways, stairs, closets, wall thickness.
The area includes covered residential parking and is the total of all stories. Stairways shall count only once for floor area, however, any portions of buildings, including stairwells, over seventeen feet in interior height, are counted twice for the purposes of computing floor area. Uncovered courtyards or atriums enclosed by three sides and with the space open to the street above the first floor do not count as floor area. Unenclosed porches, balconies, decks, patios, roof overhangs and similar architectural features and non-habitable basements that are fully subterranean below finished grade do not count as floor area.
24.22.748.1 SMALL OWNERSHIP UNIT (SOU).
A dwelling unit containing no more than one bedroom and a floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a residential development where all dwelling units are SOU units and are offered for sale to the general public.
Exhibit 1
LCP-3-STC-23-0005-1-Part A
26.36 CC
CBD
CC
RTC
CC
CC
CC
CBD-E
CC
CC
CC
BAY ST
SR 9
3D ST
OCEAN ST
SB SR 1
PACIFIC AVE
PINE ST
CAYUGA ST
ESCALONA DR
E CLIFF DR
PARK WY
FRONT ST
CEDAR ST
2D ST
WINDHAM ST
MARKET ST
CHESTNUT ST
WALNUT AVE
MURRAY ST
6TH AVE
BROADWAY
HIGH ST
SEABRIGHT AVE
W CLIFF DR
GOSS AVE DARWIN ST
RAMP
HIGHLAND AVE
MIRAMAR DR
CALIFORNIA ST
OLIVE ST
MELROSE AVE
POPLAR AVE
9TH AVE
SOQUEL AVE
WATER ST
SEASIDE AVE
OTIS ST
ALMAR AVE
ENCINAL ST
3D AVE
CENTER ST
SAN JUAN AVE
LINDEN ST
DUFOUR ST
BUTTON ST
PROSPECT HEIGHTS
KING ST
MOORE ST
WASHINGTON ST
ELK ST
FAIRMOUNT AVE
DELAWARE AVE
SANTA CRUZ ST
BARSON ST
BEACH ST
NB SR 17
MYRTLE ST
N BRANCIFORTE AVE
ROXAS ST
MISSION ST
LEE ST
CLINTON ST
CORAL ST
NB SR 1
MAIN ST
SEASIDE ST
EATON ST
EFFEY ST 1ST AVE
STANFORD AVE
LA FONDA AVE
COLUMBIA ST
HANOVER ST
DAKOTA AVE
WALK CIR
FAIR AV
ALLEY
S RIVER ST
FREDERICK ST
GILBERT LN
DUBOIS ST
ANTHONY ST
5TH AVE
BERKELEY WY
GOLF CLUB DR
COOLIDGE DR
BALDWIN ST
WINDSOR ST OWEN ST
FERN ST
PARK PL
FOREST AVE
MAY AVE
ISBEL DR
JETER ST
HARBOR DR
IOWA DR
ELM ST
PEARL ST
LAUREL ST
MEADOW RD SUBURBIA AVE
GRANT ST
KENNETH ST
ALLERTON ST
FELIX ST
BAYONA DR
7TH AVE
MONTEREY ST
PARNELL ST
SAN LORENZO BL
SPRING ST
GAULT ST
LAURENT ST
BLAINE ST
SWIFT ST
BERKSHIRE AVE
PALM ST
OCEAN ST EXT
RAYMOND ST
HAGEMANN AVE
ALTA VISTA DR
PRYCE ST
GHARKEY ST
KALKAR DR
RIGG ST
MORRISSEY BL
SYLVANIA AVE
BUENA VISTA AVE
VAN NESS AVE
MORA ST
FELKER ST
LOGAN ST
HUBBARD ST
GLENWOOD AVE
WILKES CIR
ALLEY 78
MILES ST
CALEDONIA ST
COULSON AVE
TOWNE TER
BLACKBURN ST
MAJORS ST
ARCHER DR
JAMES ST
PLYMOUTH ST
SUTPHEN ST
GREEN ST
MASON ST
JESSIE ST
ROSS ST
ALHAMBRA AVE
WALTI ST
LINCOLN ST
HARRISON AVE
RIVERSIDE AVE
LOCUST ST
CHILVERTON ST
PIONEER ST
UNION ST
SHERMAN ST
CATALPA ST
LAGO LN
DE LAVEAGA PARK RD
ALLEY 906
OCEAN VIEW AVE
PACHECO AVE
S BRANCIFORTE AVE
TRINITY ST
MAGNOLIA ST
PECK TER
BELMONT ST
COLOMA ST
WASHBURN AVE
ARBOR AVE
SYLVAR ST
HAGAR CT
ALLEY 2672
ALLEY 263
SERRA CT
E CLIFF DR
FRONT ST
LAUREL ST
WATER ST
BROADWAY
LEE ST
ALLEY
OCEAN ST
PACHECO AVE
MORRISSEY BL
KING ST
2D ST
BAY ST
WINDSOR ST FREDERICK ST
WALK CIR
RAMP
GHARKEY ST
RAMP
RAMP
WATER ST
LAUREL ST
SB SR 1
SOQUEL AVE
MAY AVE
HIGH ST
KING ST
FAIR AV
SPRING ST
Text
FDU Proposed Zones
Santa Cruz City Limit
ZONING
CBD
CBD-E
CC
RTC
¸
October 2021
Exhibit 2
LCP-3-23-0005-1-Part A
26.37 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
WEB: WWW.COASTAL.CA.GOV
October 18, 2023
(Sent electronically)
Sarah Neuse
City of Santa Cruz Planning and Community Development Department 809 Center Street, Room 101
Santa Cruz, CA 95060
[email protected]
Subject: Coastal Commission Action on City of Santa Cruz Local Coastal Program (LCP) Amendment No. LCP-3-STC-23-0005-1-Part A (Small Housing Units) Dear Ms. Neuse:
At its meeting on October 13, 2023, the Coastal Commission took action on City of Santa Cruz LCP Amendment No. LCP-3-STC-23-0005-1-Part A (Small Housing Units).
The Commission approved the proposed amendments to the Implementation Plan, if modified as suggested. A copy of the adopted findings and suggested modifications are included as attachments.
This letter formally transmits to you the Commission’s resolution of certification and adopted findings pursuant to Section 13544 of Title 14 of the California Code of Regulations. Pursuant to Section 13544, effective certification of LCP Amendment No.
LCP-3-STC-23-0005-1-Part A, whereby the City may begin issuing coastal development permits subject to this amendment, will occur after:
1. The City, by action of the City Council: (a) acknowledges receipt of this resolution of certification, including the suggested modifications; and (b) accepts and agrees to the modifications and takes whatever formal action is required to satisfy the modifications (e.g., implementation of ordinances).
2. The Commission’s Executive Director reports to the Commission her determination that the City’s actions are legally adequate, and the Commission does not object to the Executive Director’s determination.
3. Notice of the certification of the LCP amendment is filed with the Secretary of the Resources Agency.
Coastal Commission staff will take care of items #2 and #3 above, following completion of item #1 by the City. Note that the Commission’s regulations provide that the Commission’s action of certification with the suggested modifications shall expire six months from the date of the Commission’s action, or on April 13, 2024.
26.38 Sarah Neuse, City of Santa Cruz
LCP-3-STC-23-0005-1-Part A (Small Housing Units)
Please let me know if I can assist you in any way in completing action on this LCP amendment, or if you have any questions. Thanks for all your help during this process.
Sincerely,
Kiana Ford
Coastal Planner
Central Coast District Office
Enclosure (Via Email): Adopted Staff Report with Suggested Modifications
26.39 ORDINANCE NO. 2023-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING SECTION 18.04.030 – ADOPTION OF CODES OF THE SANTA CRUZ MUNICIPAL CODE AND ADDING CHAPTER 18.15 - ENERGY CODE, ADOPTING LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE, PART 6 OF THE CALIFORNIA BUILDING
CONSTRUCTION AND FIRE PREVENTION CODE
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 18.04.030 of Chapter 18.04 of the Santa Cruz Municipal Code is hereby amended to read as follows:
18.04.030 ADOPTION OF CODES.
Subject to the modifications and deletions set forth in Section 18.04.040 and by the State of California Building Standards Commission, the following documents are hereby adopted as part of the Building Code of the city of Santa Cruz:
California Code of Regulations Title 24 (hereafter CCR T 24), Part 1, The 2022 California Administrative Code;
CCR T 24, Part 2, Volumes 1 and 2, The 2022 California Building Code, including Appendices H, I, and P except as modified herein (hereafter CBC);
CCR T 24, Part 2.5, The 2022 California Residential Code, including Appendices AH, AK, AQ, and AX, except as modified herein (hereafter CRC);
CCR T 24, Part 10, The 2022 California Existing Building Code, except as modified herein (hereafter CEBC);
CCR T 24, Part 11, The 2022 California Green Building Standards Code, except as modified herein (refer to Chapter 24.15, Green Building Regulations);
CCR T 24, Part 12, The 2022 California Referenced Standards Code; The Uniform Administrative Code, 1997 Edition, for the purpose of maintaining and administering the existing fee structure, except as modified herein (hereafter UAC); The Uniform Housing Code, 1997 Edition, except as modified herein (hereafter UHC); The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as modified herein (hereafter UCADB);
One copy of each of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.
27.1 ORDINANCE NO. 2023-12
2 Section 2. Chapter 18.15 of the Santa Cruz Municipal Code is hereby added to read as follows:
Chapter 18.15
ENERGY CODE
18.15.010 ENERGY CODE OF THE CITY OF SANTA CRUZ.
This chapter constitutes the Energy Code of the city of Santa Cruz.
18.15.030 ADOPTION OF THE ENERGY CODE.
The following documents are hereby adopted as part of the Energy Code of the City of Santa Cruz:
CCR T 24, Part 6, The 2022 California Energy Code, except as modified herein (hereafter CEnC).
One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.
18.15.040 ENERGY CODE – MODIFICATIONS
The following sections of the code as adopted in Section 18.15.030 are hereby modified as follows:
Section 100.1(b) of the CEnC is amended to add the following:
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and grille slats in a vent through which air can pass. The narrowest distance between two slats, perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width.
The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.
Section 130.0 of the CEnC is amended to read as follows:
a) The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.
NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
27.2 ORDINANCE NO. 2023-12
3 Subchapter 4 of the CEnC is amended to add Section 130.6 to be numbered, entitled, and to read as follows:
130.6 Electric Readiness Requirements for Systems Using Gas or Propane Where nonresidential systems using gas or propane are installed, construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance by including the following, as certified by a registered design professional or licensed electrical contractor:
a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors. b) Labeling of both ends of the unused conductors or conduit that includes the terms “For Future Electrical Appliance.”
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection.
d) Connected subpanels, panelboards, switchboards, busbars, and transformers that are sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code. e) Physical space for future electric heating appliances, including equipment footprint, and if needed, a pathway reserved for routing of ductwork to heat pump evaporator(s), all of which shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed gas-fueled equipment.
Section 140.0 of the CEnC is amended to read as follows:
Nonresidential and hotel/motel buildings shall comply with all of the following:
a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).
b) The requirements of Sections 120.0 through 130.56 (mandatory measures for nonresidential and high-rise residential and hotel/motel buildings). c) Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2. for the climate zone in which the building will be located. Climate zones are shown in Figure 100.1-A
27.3 ORDINANCE NO. 2023-12
4 NOTE to Section 140.0(c): The Commission periodically updates, publishes, and makes available to interested persons and local enforcement agencies precise descriptions of the Climate Zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.
NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
Section 140.1 of the CEnC is amended to read as follows:
The following conditions are necessary for a building to comply with the performance approach:
1. The time-dependent valuation (TDV) energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a); and
2. The source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 7 percent for all nonresidential occupancies.
EXCEPTION 1 to 140.1 item 2 A source energy compliance margin of at least 7 percent is not required when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2.
(a) – (c): Subsections 140.1 (a) – (c) are adopted without modification.
Section 150.0 of the CEnC is amended as follows:
Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings.
Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings. The City of Santa Cruz amendments to sections 150.0 (t) do not apply to additions or alterations. (a) – (s): Subsections 150.0(a) – (s) are adopted without modification. (t) Heat pump space heater ready. Systems using a gas or propane furnace to serve individual dwelling units shall include the following:
27.4 ORDINANCE NO. 2023-12
5 1. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code.
2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as “For Future 240V use.”
3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate and adequate space to maintain the equipment in accordance with California Mechanical Code 304.1 & California Electrical Code 110.26.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.
Section 150.1 of the CEnC is amended to read as follows:
(a) Section (a) is adopted without modification.
(b) Performance Standards. A building complies with the performance standards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual.
1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building with an EDR1 compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115,
27.5 ORDINANCE NO. 2023-12
6 may offset part or all of the solar electric generation system and demand flexibility Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.
EXCEPTION 2 to Section 150.1(b)1. A newly constructed building that does not require a PV system in accordance with section 150.1(c)14 does not need a Source Energy compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
2. Additions and Alterations to Existing Buildings. The Energy Budget for additions and alterations is expressed in terms of TDV energy. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
3. Section (b)(3) is adopted without modification.
(c) Section (c) is adopted without modification.
Section 160.4 of the CEnC is amended to remove subsection (a) as follows:
(a) Reserved.
Sections (b) to (f) are adopted without amendments.
Section 160.9 Sections (a) to (c) of the CEnC are adopted without amendments. Sections (d) and (e) are added as follows:
(d) Systems using gas or propane water heaters to serve individual dwelling units shall include the following:
1. A dedicated 125-volt, 20-amp electrical receptacle that is connected to the electric panel with a 120/240-volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions.
A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated.
B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in (A) above shall be included and labeled with the words “Future 240V Use.”
2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.
3. Construction drawings that indicate the reserved location of the future heat pump water heater with minimum interior dimensions of 39” x 39” x 96.”
27.6 ORDINANCE NO. 2023-12
7 4. A ventilation method that incorporates one of the following:
A. A space reserved for the future heat pump water heater with a volume of at least 700 cu. ft.
B. A space reserved for the future heat pump water heater that vents to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 sq. in., so that the total combined volume connected via permanent openings is 700 cu. ft. or greater. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure and one commencing within 12 inches from the bottom of the enclosure.
C. A space reserved for the future heat pump water heater that includes two 8” capped ducts, venting to the building exterior.
i. All duct connections and building penetrations shall be sealed. ii. Exhaust air ducts and all ducts that cross pressure boundaries shall be insulated to a minimum insulation level of R-6 in compliance with California Mechanical Code 502.0.
iii. Airflow from termination points shall be diverted away from each other. (e) Central Heat Pump Water Heater Electric Ready. Water heating systems using gas or propane to serve multiple dwelling units shall meet the requirements of 160.9(e) and include the following for the future heat pump:
1. A system input capacity of the gas or propane water heating system that is determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.
2. A space reserved that includes and complies with the following:
A. Heat Pump. The minimum space reserved shall include space for service clearances, air flow clearances, and compliant working spaces. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with
27.7 ORDINANCE NO. 2023-12
8 the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 48 inches. ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 84 inches.
B. Tanks. The minimum space reserved shall include space for service clearances and keep outs. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the storage and temperature maintenance tanks shall be 4.4 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum physical space reserved for the storage and temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.
3. Ventilation, which shall be provided by including the following:
A. A physical space reserved for the heat pump located outside, or B. A pathway reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. Additionally, unless the reserved pathway and penetrations are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the reserved pathway and penetrations through the building envelope shall be sized to comply with one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum air flow rate shall be 70 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.
27.8 ORDINANCE NO. 2023-12
9 ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum air flow rate shall be 420 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.
4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code. Additionally, unless the condensate drainage receptacles and piping are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the condensate drainage shall comply with the following:
A. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU/HR
B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU/HR
5. Electrical.
A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 0.1 kVA per input 10,000 BTU/HR b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 1.1 kVA per input 10,000 BTU/HR c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
27.9 ORDINANCE NO. 2023-12
10 ii. Temperature Maintenance Tank. For the Temperature Maintenance Tank, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 1.0 kVA per input 10,000 BTU/HR b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 0.6 kVA per input 10,000 BTU/HR c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9(a) – 160.9(e). To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any onsite distribution transformers shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.
Section 170.1 of the CEnC is adopted with amendments as follows:
A building complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally,
1. The source energy budget of a newly constructed low-rise multifamily building shall be at least 10% lower than that of the Standard Design Building.
2. The source energy budget of a newly constructed high-rise multifamily building shall be at least 4% lower than that of the Standard Design Building.
Sub-sections (a) to (d) are adopted without amendments.
18.15.050 PERMIT FEES.
The chief building official shall charge and receive such fees for services, inspections, and permits relating to any work subject to this chapter as set forth in Chapter 3, Table 3C, of the Uniform Administrative Code as adopted in Section 18.04.030 and in the fee schedule established by city council resolution.
18.15.060 PENALTIES.
Any person, firm, or corporation violating any provisions of this chapter shall be subject to the penalties provided in Title 4 or alternatively delineated in the Santa Cruz County superior court uniform bail and penalty schedule for the city of Santa Cruz.
27.10 ORDINANCE NO. 2023-12
11 Section 3. This ordinance shall take effect and be in full force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 14th day of November, 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 28th day of November, 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. 2023-12 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
27.11 ORDINANCE NO. 2023-12
12 Bonnie Bush, City Clerk Administrator
27.12 ORDINANCE NO. 2023-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING SECTION 18.04.030 – ADOPTION OF CODES OF THE SANTA CRUZ MUNICIPAL CODE AND ADDING CHAPTER 18.15 - ENERGY CODE, ADOPTING LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE, PART 6 OF THE CALIFORNIA BUILDING
CONSTRUCTION AND FIRE PREVENTION CODE
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Section 18.04.030 of Chapter 18.04 of the Santa Cruz Municipal Code is hereby amended to read as follows:
18.04.030 ADOPTION OF CODES.
Subject to the modifications and deletions set forth in Section 18.04.040 and by the State of California Building Standards Commission, the following documents are hereby adopted as part of the Building Code of the city of Santa Cruz:
California Code of Regulations Title 24 (hereafter CCR T 24), Part 1, The 2022 California Administrative Code;
CCR T 24, Part 2, Volumes 1 and 2, The 2022 California Building Code, including Appendices H, I, and P except as modified herein (hereafter CBC);
CCR T 24, Part 2.5, The 2022 California Residential Code, including Appendices AH, AK, AQ, and AX, except as modified herein (hereafter CRC);
CCR T 24, Part 10, The 2022 California Existing Building Code, except as modified herein (hereafter CEBC);
CCR T 24, Part 11, The 2022 California Green Building Standards Code, except as modified herein (refer to Chapter 24.15, Green Building Regulations);
CCR T 24, Part 12, The 2022 California Referenced Standards Code; The Uniform Administrative Code, 1997 Edition, for the purpose of maintaining and administering the existing fee structure, except as modified herein (hereafter UAC); The Uniform Housing Code, 1997 Edition, except as modified herein (hereafter UHC); The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as modified herein (hereafter UCADB);
One copy of each of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.
27.13 ORDINANCE NO. 2023-12
2 Section 2. Chapter 18.15 of the Santa Cruz Municipal Code is hereby added to read as follows:
Chapter 18.15
ENERGY CODE
18.15.010 ENERGY CODE OF THE CITY OF SANTA CRUZ.
This chapter constitutes the Energy Code of the city of Santa Cruz.
18.15.030 ADOPTION OF THE ENERGY CODE.
The following documents are hereby adopted as part of the Energy Code of the City of Santa Cruz:
CCR T 24, Part 6, The 2022 California Energy Code, except as modified herein (hereafter CEnC).
One copy of the above documents is and shall be maintained on file in the office of the building official, for use and examination by the public.
18.15.040 ENERGY CODE – MODIFICATIONS
The following sections of the code as adopted in Section 18.15.030 are hereby modified as follows:
Section 100.1(b) of the CEnC is amended to add the following:
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and grille slats in a vent through which air can pass. The narrowest distance between two slats, perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width.
The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.
Section 130.0 of the CEnC is amended to read as follows:
a) The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.
NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
27.14 ORDINANCE NO. 2023-12
3 Subchapter 4 of the CEnC is amended to add Section 130.6 to be numbered, entitled, and to read as follows:
130.6 Electric Readiness Requirements for Systems Using Gas or Propane Where nonresidential systems using gas or propane are installed, construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance by including the following, as certified by a registered design professional or licensed electrical contractor:
a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors. b) Labeling of both ends of the unused conductors or conduit that includes the terms “For Future Electrical Appliance.”
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection.
d) Connected subpanels, panelboards, switchboards, busbars, and transformers that are sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code. e) Physical space for future electric heating appliances, including equipment footprint, and if needed, a pathway reserved for routing of ductwork to heat pump evaporator(s), all of which shall be depicted on the construction drawings. The footprint necessary for future electric heating appliances may overlap with non-structural partitions and with the location of currently designed gas-fueled equipment.
Section 140.0 of the CEnC is amended to read as follows:
Nonresidential and hotel/motel buildings shall comply with all of the following:
a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).
b) The requirements of Sections 120.0 through 130.56 (mandatory measures for nonresidential and high-rise residential and hotel/motel buildings). c) Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2. for the climate zone in which the building will be located. Climate zones are shown in Figure 100.1-A
27.15 ORDINANCE NO. 2023-12
4 NOTE to Section 140.0(c): The Commission periodically updates, publishes, and makes available to interested persons and local enforcement agencies precise descriptions of the Climate Zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.
NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
Section 140.1 of the CEnC is amended to read as follows:
The following conditions are necessary for a building to comply with the performance approach:
1. The time-dependent valuation (TDV) energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a); and
2. The source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 7 percent for all nonresidential occupancies.
EXCEPTION 1 to 140.1 item 2 A source energy compliance margin of at least 7 percent is not required when nonresidential occupancies are designed with single zone space-conditioning systems complying with Section 140.4(a)2.
(a) – (c): Subsections 140.1 (a) – (c) are adopted without modification.
Section 150.0 of the CEnC is amended as follows:
Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v).
NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings.
Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings. The City of Santa Cruz amendments to sections 150.0 (t) do not apply to additions or alterations. (a) – (s): Subsections 150.0(a) – (s) are adopted without modification. (t) Heat pump space heater ready. Systems using a gas or propane furnace to serve individual dwelling units shall include the following:
27.16 ORDINANCE NO. 2023-12
5 1. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code.
2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as “For Future 240V use.”
3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate and adequate space to maintain the equipment in accordance with California Mechanical Code 304.1 & California Electrical Code 110.26.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.
Section 150.1 of the CEnC is amended to read as follows:
(a) Section (a) is adopted without modification.
(b) Performance Standards. A building complies with the performance standards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual.
1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building with an EDR1 compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115,
27.17 ORDINANCE NO. 2023-12
6 may offset part or all of the solar electric generation system and demand flexibility Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.
EXCEPTION 2 to Section 150.1(b)1. A newly constructed building that does not require a PV system in accordance with section 150.1(c)14 does not need a Source Energy compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.
2. Additions and Alterations to Existing Buildings. The Energy Budget for additions and alterations is expressed in terms of TDV energy. None of the amended requirements of the City of Santa Cruz apply to additions and alterations to existing buildings.
3. Section (b)(3) is adopted without modification.
(c) Section (c) is adopted without modification.
Section 160.4 of the CEnC is amended to remove subsection (a) as follows:
(a) Reserved.
Sections (b) to (f) are adopted without amendments.
Section 160.9 Sections (a) to (c) of the CEnC are adopted without amendments. Sections (d) and (e) are added as follows:
(d) Systems using gas or propane water heaters to serve individual dwelling units shall include the following:
1. A dedicated 125-volt, 20-amp electrical receptacle that is connected to the electric panel with a 120/240-volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions.
A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated.
B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in (A) above shall be included and labeled with the words “Future 240V Use.”
2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.
3. Construction drawings that indicate the reserved location of the future heat pump water heater with minimum interior dimensions of 39” x 39” x 96.”
27.18 ORDINANCE NO. 2023-12
7 4. A ventilation method that incorporates one of the following:
A. A space reserved for the future heat pump water heater with a volume of at least 700 cu. ft.
B. A space reserved for the future heat pump water heater that vents to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 sq. in., so that the total combined volume connected via permanent openings is 700 cu. ft. or greater. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure and one commencing within 12 inches from the bottom of the enclosure.
C. A space reserved for the future heat pump water heater that includes two 8” capped ducts, venting to the building exterior.
i. All duct connections and building penetrations shall be sealed. ii. Exhaust air ducts and all ducts that cross pressure boundaries shall be insulated to a minimum insulation level of R-6 in compliance with California Mechanical Code 502.0.
iii. Airflow from termination points shall be diverted away from each other. (e) Central Heat Pump Water Heater Electric Ready. Water heating systems using gas or propane to serve multiple dwelling units shall meet the requirements of 160.9(e) and include the following for the future heat pump:
1. A system input capacity of the gas or propane water heating system that is determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.
2. A space reserved that includes and complies with the following:
A. Heat Pump. The minimum space reserved shall include space for service clearances, air flow clearances, and compliant working spaces. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with
27.19 ORDINANCE NO. 2023-12
8 the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 48 inches. ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 84 inches.
B. Tanks. The minimum space reserved shall include space for service clearances and keep outs. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the storage and temperature maintenance tanks shall be 4.4 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum physical space reserved for the storage and temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.
3. Ventilation, which shall be provided by including the following:
A. A physical space reserved for the heat pump located outside, or B. A pathway reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. Additionally, unless the reserved pathway and penetrations are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the reserved pathway and penetrations through the building envelope shall be sized to comply with one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum air flow rate shall be 70 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.
27.20 ORDINANCE NO. 2023-12
9 ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum air flow rate shall be 420 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.
4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code. Additionally, unless the condensate drainage receptacles and piping are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the condensate drainage shall comply with the following:
A. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU/HR
B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU/HR
5. Electrical.
A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 0.1 kVA per input 10,000 BTU/HR b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 1.1 kVA per input 10,000 BTU/HR c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
27.21 ORDINANCE NO. 2023-12
10 ii. Temperature Maintenance Tank. For the Temperature Maintenance Tank, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 1.0 kVA per input 10,000 BTU/HR b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 0.6 kVA per input 10,000 BTU/HR c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9(a) – 160.9(e). To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any onsite distribution transformers shall have sufficient capacity to supply full rated amperage at each electric ready appliance in accordance with the California Electric Code.
Section 170.1 of the CEnC is adopted with amendments as follows:
A building complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally,
1. The source energy budget of a newly constructed low-rise multifamily building shall be at least 10% lower than that of the Standard Design Building.
2. The source energy budget of a newly constructed high-rise multifamily building shall be at least 4% lower than that of the Standard Design Building.
Sub-sections (a) to (d) are adopted without amendments.
18.15.050 PERMIT FEES.
The chief building official shall charge and receive such fees for services, inspections, and permits relating to any work subject to this chapter as set forth in Chapter 3, Table 3C, of the Uniform Administrative Code as adopted in Section 18.04.030 and in the fee schedule established by city council resolution.
18.15.060 PENALTIES.
Any person, firm, or corporation violating any provisions of this chapter shall be subject to the penalties provided in Title 4 or alternatively delineated in the Santa Cruz County superior court uniform bail and penalty schedule for the city of Santa Cruz.
27.22 ORDINANCE NO. 2023-12
11 Section 3. This ordinance shall take effect and be in full force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 14th day of November, 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 28th day of November, 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. 2023-12 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
27.23 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:
November 22, 2023
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 22nd day of November, 2023, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator
27.24 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 16th day of November, 2023, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2023-12, 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—11.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 16th day of November, 2023, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
27.25 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Monday, November 27, 2023 10:55 AM
To: City Council
Subject: 11.28.23 Agenda Item #27 Reach Codes
11.28.23 Agenda Item #27 Reach Codes
Dear Council,
I think a Little more information would be helpful to understand the other side of why your proposed actions have an unfounded cost effective (not to mention quite authoritarian) basis.
From the Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 TABLE 1—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (2023) (I have omitted propane, heating oil, kerosene which are more expensive)
Type of energy Per million Btu In commonly used terms As required by test procedure Electricity $46.19 $0.15.6/kWh ..... $0.158/kWh.
Natural Gas $13.97 $1.397/therm $14.49/MCF $0.00001397/Btu.
Sources: U.S. Energy Information Administration, Short-Term Energy Outlook (August 8, 2023), Annual Energy Outlook (March 16, 2023), and
Monthly Energy Review (July 26, 2023).
Of interest is the first number which indicates nationally electricity is many times more expensive than natural gas in energy BTU terms.
I would direct you to glance over a recent 2023 report by the American Legislative Exchange Council. https://alec.org/wp-content/uploads/2023/11/ALEC_EnergyAffordability_Vol3.pdf It studies energy costs like electricity by state.
California has the 3'rd highest after obviously special cases of Alaska and Hawaii. By a LOT.
In 3'rd highest California the average was 19.65c kW/hr.
In Santa Cruz the current PG+E base rate is 34.00c kW/hr.
IN IDAHO its 8.7c
The conclusion is that "climate changy" BLUE states with all kinds of mandates have crazy higher electricity prices than RED states that don't have such mandates. ---------------------------------------------------------------------------- The biased studies you cite as justification made many assumptions about cost when they were done in 2022.
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Some of these are now shown to be totally false, but a wide margin.
For example,
the studies assumed mortgage interest rates of 4%, they are now 8.1%, a misguided difference of 100% the studies assumed natural gas prices would increase 4.6% from last November 81.5c to 86c, they are now 71.2c , a misguided estimate difference of 20%.
Hundreds of other cost estimates are involved which have no basis to assure they are true for the next 30 years.
Consider a lot of PV system cost benefits go to power users in very hot or cold climates.
Santa Cruz is even ridiculously milder than the climate zone 3 figures since it is precisely on the coast near the water. Air conditioning is laughably needed where I live on the Westside which is frequently in the fog and cooler on even those handful of hot days.
------------------------------------------------------------ As to climate change, all you need to know is contained in 3 charts.
While there are only proxy measurements of long ago temperatures and CO2 concentrations “the carbon dioxide content of the atmosphere today is the lowest in Earth history except for a period just following the end-Permian extinction event and very early in the Phanerozoic" and "certainly vertebrate life has flourished on earth at CO2 concentrations much higher than today’s."
27.27 3
At this time scale CO2 concentration and temperature are strongly correlated: CO2 and temperature go up and down together.
But CO2 increases reliably lag behind temperature increases, showing that the CO2 changes are caused by the temperature increases, rather than the reverse. Reason: As oceans heat up, gases, including CO2, are expelled, when they cool atmospheric CO2 is absorbed; warm water can hold less dissolved gas than cool (most planetary CO2 stored in the oceans).
Physics
This shows the absorption spectrum of various mixtures of CO2 in otherwise air.
As you can see above 400 ppm CO2 there is no further heat absorption.
27.28 4
There is no runaway effect and CO2 is plant food that greens the earth. 8 times more people die of cold than heat.
There is no science that says how much of this recent warming is man made, or to what extent man can control climate.
All that can be said is climate changes, and has always changed, and we should adapt to it.
Thanks for reading.
Garrett Philipp - Westside
27.29 1
Rosemary Balsley
From: eric grodberg <[email protected]>
Sent: Monday, November 27, 2023 1:17 PM
To: City Council
Subject: Item 27 Reach Codes Title 24 Building Energy Efficiency Dear Mayor Keeley, Vice Mayor Golder and Council,
I am extremely concerned about Fossil Fuel use and Green House Gas emissions. I appreciate that your trying to reduce GHG emissions in Santa Cruz.
The proposed Reach Codes are not the best way to do this. In fact they are likely to have the perverse result of INCREASING GHG emissions. Though they may not glittery, there are simpler and more effective measures the City can take to decrease GHG emissions.
Please consider the following:
1. Accuracy ‐ Council needs accurate information in order to make good policy.
2. Inaccuracy ‐ Staff and consultants have presented Council with misleading, incorrect and incomplete information on a number of occasions. This includes, (a)incorrect and incomplete information on the efficiency of gas and electric appliances, (b) lack of accounting for the heavy dependence of the electrical grid on highly inefficient (30-35%) Fossil Fuel power plants, (c) wildly inaccurate dates for Californian's aspiration timeline to achieve a 100% Renewable Portfolio Standard electrical grid, (d) misleading Council into believing that Santa Cruz residents consume 3CE generated electricity, (e) wildly inaccurate building cost information and more.
3. CA Grid FF Dependent; Perverse Result ‐ Because 40% of CA electrical generation is from highly inefficient Natural Gas power plants (30-35% conversion rate), there's a very real risk that replacing highly efficient gas (95-98% efficient) appliances with electric appliances will have the perverse effect of increasing GHG emissions overall.
4. 3CE ‐ while 3CE may be contributing in general, it does not generate electricity in or near Santa Cruz. Holding up 3CE as the reason Santa Cruz can "go all electric" (as staff has done) is very misleading, as it is extremely unlikely that any electricity consumed in Santa Cruz will have been generated by 3CE.
5. Existing Building - Converting Existing Buildings from gas to all electric is particularly problematic for a number of reasons - difficulty, PG&E capacity, long delays, resident displacement, housing affordability and very little, if any, reduction in GHG emissions.
6. Title 24 - energy efficiency code is complicated. For Santa Cruz to "reach" beyond the already aggressive CA State code runs a number of risks for very little, if any, gain. Architects and Engineers hire Title 24 specialists. It is a complicated part of the building process. How many Title 24 specialists will want to deal with a unique Title 24 Energy Code for a city of 60,000 residents?
7. Impact - there are a number of measures that could result in actual decreases in GHG emissions that aren't headline grabbing initiatives, but could have greater impact than glittery 'Santa Cruz must-be-first'
27.30 2
ordinances. Examples include incentivizing Solar Thermal hot water heating; encouraging more EV adoption through incentives, expanded public EV chargers, parking enforcement at EV chargers on private lots (allowable by state statute), incentivizing building energy efficiency measures (e.g., insulation, windows) and more.
8. Public Awareness - the general public is not aware of Santa Cruz's building electrification.
9. Housing Affordability - adoption of these Reach Codes is likely to result in higher building and housing costs.
10. Resiliency. As you know, the City Hall campus is backed up by a large diesel generator and earlier when the Waste Water Treatment Facility had its electric power supply shutdown, it ran on its methane gas co-generators as well as two very large rented diesel generators. (As I understand, the Methane cogenerators ran on both the WWTF's captured methane as well as PG&E supplied natural gas.) At present, the grid is not reliable enough (and battery backup insufficient) for critical infrastructure and vulnerable individuals to rely completely on electricity without a fossil fuel backup. If Natural Gas is prohibited, the backup would be either diesel or gasoline generators, both of which are much dirtier than NG.
This Reach Code ordinance is a complicated mess. There are better ways to make a positive impact on GHG emissions reductions.
Thank you for your time.
Regards,
-Eric Grodberg
27.31 City Council
AGENDA REPORT
DATE: 11/08/2023
AGENDA OF: 11/28/2023
DEPARTMENT: City Clerk
SUBJECT: Election of New Vice Mayor for 2024
RECOMMENDATION: Elect a new Vice Mayor for the 2024 term.
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