Santa Cruz City Council
January 23, 2024

23.131

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

1. Food and Beverage Stores, Medical/Health Offices

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

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

Figure 5: Parking Location
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.132

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

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

8. Landscape and Buffering
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.133

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.134

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

1. Fixed or movable seating

2. Picnic-style tables

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

4. Community garden

5. Flowering plants

6. Native habitat

7. Play area for pets

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

9. Outdoor kitchen equipment or fire pit

10. Children’s play equipment

11. Sports courts

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.135

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

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.136

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

Figure 8: Applying Roofline Standards
Figure 9: Roof Forms
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.137

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.138

Figure 10: Combining and Counting Roof Forms

12. Building Modulation
Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
a. Where no other modulation controls apply (e.g. an Area Plan), building faces that are longer than 30 feet wide shall be articulated in one of the following three ways. i. Provide a horizontal change in plane for every 30 feet building face, rounded up to the next whole number (e.g., a frontage of 31 feet would be required to provide two changes in plane). As shown in Figure 11, the change in plane must be at least 4 feet deep and 6 feet wide, and must be open to the sky; or
Figure 11: Building Modulation – Option One
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.139

ii. Provide a horizontal change in plane for every 30 feet of building face, rounded up to the nearest whole number (e.g., a building face of 31 feet would be required to provide two changes in plane). As shown in Figure 12, the change in plane must be at least 2 feet deep and 6 feet wide, and be combined with a change in material; or Figure 12: Building Modulation – Option Two
iii. Provide a horizontal change in plane at an interval of 50 feet or less. As shown in Figure 13, the change in plane must be at least 6 feet deep and 12 feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent.

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.140

Figure 13: Building Modulation – Option Three
b. Building faces that are less than 30 feet wide are not required to have a change in plane incorporated into their design.
c. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.

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

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

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

Figure 14: Corridor Frontage
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.141

14. Ground Floor Design
Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU districts, commercial ground-floors shall be designed as follows:
i. Minimum ground floor frontage transparency of 70 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.
ii. Minimum ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included.

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

4. In a Live-Work unit any mezzanine shall be set back at least 18 feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.
iii. Minimum ground floor depth of 18 feet.
iv. Minimum unit/storefront width of 12 feet.
v. Minimum ground floor frontage transparency of 50 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade.
vi. Entries shall be inset from the building face at least 2 feet. d. In in the C-C, R-T(C), C-T, C-N, C-B and PA zones where residential units other than Live-Work units are located at the ground floor, the following standards shall apply:

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.142

i. Where units are individually accessed, the entry must be set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 15.

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

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

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

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

Figure 16: Ground Floor Residential – Without Individual Access

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.143

15. Architectural Detail
Goal: To highlight the prominence of corner buildings along Corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.
a. Buildings that are mixed-use and/or three stories in height or greater shall visually differentiate the ground floor from the floors above by one or more of the following:
i. a change in material; and/or
ii. a change in plane; and/or
iii. a cornice line, belly band, or similar horizontal element. b. Buildings at the intersection of a Corridor and another street (including another Corridor) shall implement at least one of the following corner features:
i. Increased height of the corner roofline of at least 3 feet above the adjacent roofline; and/or
ii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner. See Figure 17. This may be at the ground floor only, or for the entire height of the building; and/or
Figure 17: Chamfered Corner
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.144

c. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 18.

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

24.12.185.10 Neighborhood Transition).

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.145

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

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

16. Building Materials
Goal: To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment. a. Building materials shall be selected according to the following criteria:
i. The following materials are acceptable for use on building faces: tile, brick, glass, metal (except as prohibited below) painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined). ii. Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces. Panels for modular and pre-fabricated construction are allowed (including sandwich panels).
iii. Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section. b. Buildings shall incorporate two or more of the accepted materials listed above or as approved in the design of each building face. No single material may make up more than 85 percent of any building face. This can include materials for building decoration (e.g., awnings, louvers, balconies, cornice lines, or windowsills), but does not include fenestration (glass, frames, or other elements of windows and doors). c. Vinyl windows are prohibited in the following circumstances:
i. Any mixed-use or residential buildings more than three stories in height. ii. On a building face oriented toward a public street other than an alley of a mixed use or residential building three stories in height or less. d. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 19.
e. Living walls shall meet the following standards:
i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
ii. The living wall shall not be located on a north, or north-east-facing building face. iii. The living wall shall include an integrated irrigation system. iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.146

shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO.
vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.

Figure 19: Material Application

17. Lighting
Goal: To ensure that public areas of buildings are lit for wayfinding and safety, while minimizing impacts of glare, light trespass, and light pollution in order to help make new development Dark Sky friendly.
a. Individual exterior luminaires shall be shielded to direct light downward and shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
i. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
b. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motiondetecting lights). c. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas.

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.147

d. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.
e. Rooftop lighting shall be set back at least 12 feet from the edge of any building face that is oriented towards any R-district.
f. The height of luminaires shall not exceed 15 feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under F. 3. Architectural Detail.
g. Building faces shall be illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.

Section 47. Section 24.12.186 – Requirements for Street Trees of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby added as follows:

24.12.186 REQUIREMENTS FOR STREET TREES.

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.148

c. Street trees newly planted in the public right-of-way or within five feet of the public right-of-way shall not be planted:
i. Within a Clear Vision Area required by the city
ii. Within 3 feet of a parking sign unless the Department of Public Works agrees to relocate the sign at the expense of the project.
iii. Within 5 feet of a gas or water meter, or underground electrical conduit. iv. Within 5 feet of a fire hydrant.
v. Within 10 feet of a sewer lateral.
vi. Within 10 feet of an electrical utility pole.
vii. Within 10 feet of a driveway.
viii. Within 15 feet of a crosswalk.
ix. Within 20 feet of a traffic signal.
x. Within 15 feet of existing trees unless the location is recommended by a landscape architect or Project Certified Arborist, as approved by the City of Santa Cruz Urban Forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting.
d. Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.
e. Where location criteria eliminate all options for locating the required number of street trees within the public right-of-way or within five feet of the public right-of-way, and utilities cannot be further consolidated to allow for installation of street trees as demonstrated in a landscaping plan, the requirement to provide street trees shall be met in the following alternative method:
i. Incorporation of trees on the development site at a rate of 1.5 trees per 1 street tree that is not provided, with fractional requirements rounded up to the next whole number.

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

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

Section 48. Section 24.12.192 – Outdoor Extension Areas of Part 2: General Site Design Standards of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.192 OUTDOOR EXTENSION AREAS.

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.149

Section 49. Section 24.12.240 – Number of Parking Spaces Required of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

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

Use Spaces Required
a. Automobile or machinery sales and service garages 1 for each 400 square feet of floor area
b. Banks without automatic teller machines 1 for each 400 square feet of floor area
c. Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each
machine
d. Business and professional offices, excluding medical and dental offices
1 for each 300 square feet of
floor area
e. Billiard parlors 1.5 for each table
f. Community care residential facilities, including, but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential
treatment facilities
1 for every 5 guests, plus 1 for
each employee on the shift with
the maximum number of
personnel
g. Houses of worship 1 for each 3.5 seats in the
sanctuary
h. Dancehalls and assembly halls without fixed seats,
exhibition halls, except church assembly rooms in
conjunction with auditoriums
1 for each 3 persons of design
occupancy load
i. Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or manager
j. Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
provided in all assembly rooms
k. Furniture and appliance stores, household equipment 1 for each 800 square feet of sales floor area
l. Hospitals 1 for each bed, plus 1 for each
employee on the shift with the
maximum number of personnel
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.150

Use Spaces Required
m. Hotels, motels 1 for each unit intended for
separate occupancy, plus 1 for
the resident owner or manager
n. Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair
1 for each 500 square feet of
floor area
o. Medical and dental clinics and offices 1 for each 200 square feet of floor area
p. Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift with the
maximum number of personnel
q. Physical fitness facilities
Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.
1 space for each 250 square feet
of floor area
r. Physical therapy 1 space per 200 square feet of
floor area. In addition, 1 space
per 50 square feet of pool (water)
area
s. Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including townhouses),
houseboat, duplex, triplex, multiple
mobilehomes, community housing
projects, other multifamily dwelling
units

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

Lodging, rooming houses and bed-andbreakfast inns2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories 0.75 space for each guest or occupant Senior housing development 1 for each 3 dwelling units or rooms intended for separate occupancy, plus an
area of land equal to the required offExhibit 1
LCP-3-STC-23-0006-1-Part B

23.151

street parking for multifamily units, not
including required open space, which
could be converted to parking should the
retirement center change to a
multifamily residential use
Small ownership unit (SOU) 1 space for each dwelling unit Single-room occupancy dwelling unit,
less than 300 square feet

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

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

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

On parcels located inside the coastal
zone but not within the designated areas
shown in LCP Figure “ADU Parking
Required” (which follows this table),
zero parking spaces shall be required for
each ADU. When a garage, carport, or
covered parking structure is demolished
in conjunction with the construction of
an accessory dwelling unit or converted
to an accessory dwelling unit, those offstreet parking spaces are not required to be replaced. If other parking areas on a
site (e.g., a driveway or other
nonstructural parking area) are removed
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.152

to provide for an ADU, off-street
replacement parking spaces shall be
required for the primary (non-ADU)
residential use.

Use Spaces Required
t. Restaurants and other
establishments selling food and
beverages on the premises
(including bars and nightclubs
without live entertainment)
1 for each 120 square feet of floor area
u. Restaurants with counter and/or
take-out service or drive-in
facilities
1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service
v. Research and development
facilities
1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
w. Retail stores, shops, service
establishments, including
shopping centers other than
furniture and appliance stores
1 for each 250 square feet of floor area
x. Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each 10 students y. Colleges (business, beauty, etc.)
and universities
1 for each employee, plus 1 for each 3 students
z. Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
aa. Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
ab. Sports arenas, auditoriums,
assembly halls, and meeting
rooms
1 for each 3.5 seats of maximum seating capacity
ac. Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
ad. Tutoring facilities 1 for each 250 square feet of floor area ae. Wholesale establishments,
warehouses, service and
maintenance center,
communications equipment
buildings
1 for each 1,000 square feet of floor area
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.153

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.154

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

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.155

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

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

Section 50. Section 24.12.280 – Design Requirements of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.280 DESIGN REQUIREMENTS.

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.156

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

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

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

4. Tandem Spaces.

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.157

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

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

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

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

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

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

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.158

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

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

Section 51. Section 24.12.295 – Off-Street Loading Facilities of Part 3: Off-Street Parking and Loading Facilities of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.295 OFF-STREET LOADING FACILITIES.

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

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

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

3. Requirements.
a. Required Off-Street Loading Spaces
Gross Floor Area Required Loading Spaces
10,000 to 24,999 square feet 1
25,000 to 49,000 square feet 2
For each additional 50,000
square feet or fraction thereof
1 Use Size of Use Required OffStreet Loading Spaces
Manufacturing, storage,
warehouse, retail and/or
wholesale store, market, hotel,
hospital, mortuary, motel,
laundry, dry cleaning, exercise
facility, or other similar uses
10,000 to 24,999 square feet of
gross floor area 1 Type B
25,000 to 49,000 square feet of
gross floor area 2 Type B
For each additional 50,000
square feet of gross floor area or
fraction thereof
1 Type B
Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.159

Gross Floor Area Required Loading Spaces
Office
0-24,999 square feet of gross
floor area 0
25,000-99,999 square feet of
gross floor area 1 Type A
over 100,000 square feet of
gross floor area 2 Type A
Residential
0-50 Units 0
51-200 Units 1 Type A
over 200 Units 2 Type A
b. Minimum Dimensions for Loading Spaces

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

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.160

m. Required off-street loading facilities shall be located on the same site as the use for which the off-street loading spaces berths are required.

Section 52. Section 24.12.430 – Protection of Archaeological Resources of Part 5: Historic Preservation of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

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

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

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits. For development on sites that have “known resources” see subsection (12).

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

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

5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.161

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

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

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

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

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

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

11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.162

protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

12. Development on Known Archaeological Sites. No building permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Historic Preservation Element and the Local Coastal Land Use Plan.

Section 53. This ordinance shall take effect and be in full force thirty (30) days after final adoption for areas of the City outside the Coastal Zone and shall take effect and be in full force upon certification by the California Coastal Commission for areas of the City located within the Coastal Zone.

Exhibit 1
LCP-3-STC-23-0006-1-Part B

23.163
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
November 16, 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-23-0006-1-Part B (Objective Design Standards and Code Cleanup)
Dear Ms. Neuse:

At its meeting on November 15, 2023, the Coastal Commission took action on City of Santa Cruz LCP Amendment No. LCP-3-STC-23-0006-1-Part B (Objective Design Standards and Code Cleanup). 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-23-0006-1-Part B, 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 May 15, 2024.

23.164
Sarah Neuse, City of Santa Cruz
LCP-3-STC-23-0006-1-Part B (Objective Design Standards and Code Cleanup)

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

23.165

CITY COUNCIL

AGENDA REPORT
DATE: 12/19/2023
AGENDA OF: 1/23/2024
DEPARTMENT: Planning & Community Development
SUBJECT: A23-0001: Downtown Plan Amendments and Local Coastal Program Implementation Plan Amendments Responding to Modifications Requested by the California Coastal Commission on Previously Adopted Downtown Plan Amendments Related to Removing Public Hearing Requirements for Day Care and Supportive Housing, Consistent with State Law; Expanding Hotel, Residential, and Recreational Use Allowances; Revising Additional Height Criteria; Adding Language to Encourage Activated Roof Top Amenities; and Amending Landscape Requirements to Allow More Flexibility with Landscaping and Tree Selection (PL)
RECOMMENDATION: Motion to adopt a resolution:
1) Acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications,
2) Amending the Downtown Plan and Local Coastal Program Implementation Plan to match the minor changes related to contributions to the Affordable Housing Trust Fund in response to action by the California Coastal Commission, and
3) Directing the Director of Planning and Community Development to submit the accepted changes to the Coastal Commission.

BACKGROUND The Downtown Plan is a dynamic document that is updated from time to time to reflect changing needs of the City. The last two updates to the Downtown Plan were in 2017, when additional height allowances and other changes were incorporated, and in 2020, when changes to various use regulations were approved, primarily relating to personal services, tattoo parlors, and alcohol sales. Continuing that regular update cycle, Planning and Community Development staff and Parks and Recreation staff compiled a series of proposed Downtown Plan Amendments related to the following topics that were presented to the Planning Commission in September 2023 and to the City Council in October 2023:
 Streamlining processes to minimize unnecessary delays,  Updating standards that have proven to be problematic,  Ensuring consistency throughout the many sections of the plan, and  Updating the plan to address recent State law changes.

24.1 2
The Downtown Plan Amendments included a variety of updates, clarifications, corrections, and changes intended to better serve the City.

On October 24, 2023, by resolution, the City Council approved the proposed Downtown Amendments and directed staff to prepare an application to submit to the California Coastal Commission (CCC) to approve a Local Coastal Program Amendment for the portions of the Downtown Plan that are located within the Coastal Zone, specifically, Chapter 4 (Development Standards and Design Guidelines). Following adoption of the Downtown Amendments by the City Council, City staff submitted the application to the CCC for review and approval in October of 2023. At their meeting on December 15, 2023, the CCC passed a motion approving the LCP amendment conditional upon the City accepting a modification by the Commission and incorporating the additional language into the Downtown Plan and LCP.

DISCUSSION: The modification requested by the CCC relates to the in-lieu fee applied to nonresidential projects in the downtown that make a request to exceed the base heights in Additional Height Zones A and B. This language was added by the City Council at the October 24, 2023 hearing with the intention of ensuring that nonresidential projects which are granted additional height reasonably contribute to the City’s need for affordable housing. As part of the discussion by the CCC, a question was raised as to whether the in-lieu fee assigned ($5.00 per square foot of gross floor area above the base height) was sufficient. To address it, the CCC modified the language to state that the in-lieu fee would be “a minimum” of $5.00 a square foot. The modified language is shown below, with deleted text in strikethrough and added text underlined:
vii. Affordable Housing Public Benefit Fee For Non-Residential Projects. An application for additional height is voluntary. Because an applicant requesting additional height is receiving a benefit in the form of increased height and intensity, and to ensure that non-residential projects which are granted additional height reasonably contribute to the City’s need for affordable housing, nonresidential projects that are granted additional height shall be required to pay an in-lieu public benefit fee. The in-lieu public benefit fee shall be a minimum of $5.00 per square foot of gross floor area occurring above the 50-foot Base Height limit (i.e., the additional gross floor area occurring within the project on levels that exceed the 50-foot Base Height limit). The fee shall be paid prior to occupancy of the project.

All fees provided collected under this section shall be deposited in the City of Santa Cruz’s affordable housing trust fund.

This language appears in two sections of the Downtown Plan, one for Additional Height Zone A and the other for Additional Height Zone B. While the modified language does allow for flexibility when assigning affordable housing in-lieu fees for nonresidential projects, it also leaves some uncertainty for project applicants as to what the project’s contribution will be at the time an application is filed. It will only be when a decision is made by the appropriate decisionmaking authority, including appeals, that the fee will be officially known to the applicant. That said, most of the projects proposed in the additional height areas since inception of the Downtown Plan in the 1990’s have been mixed use developments containing a residential component. As that trend is expected to continue, staff anticipates that this provision will have limited applicability.

Next Steps. Should the City Council adopt the CCC’s changes, the Council’s decision will need to be transmitted back to the State. As summarized in the attached CCC Action Notice, the changes will take effect inside the coastal zone as soon as “the Commission’s Executive Director reports to the Commission her determination that the City’s actions are legally adequate, and the

24.2 3
Commission does not object to the Executive Director’s determination.” If the City Council moves to adopt the modifications as shown in the attached resolution, City staff will submit to the Coastal Commission for review at the next available meeting, which will likely be the February 7-9, 2024 hearing. The amendments will take effect inside the Coastal Zone the same day the adoption of the modifications is certified by the Coastal Commission.

Should the City Council disagree with the requested modifications, the changes to the Downtown Plan would not take effect in the Coastal Zone. Staff would need to coordinate with the Coastal Commission regarding alternative revisions, and those revisions would need to be approved by both the City Council and Coastal Commission. If the changes represented substantive modifications, they would need to return to the Planning Commission for a formal recommendation to the City Council, who would then need to approve them. They would then need to be resubmitted to the Coastal Commission as a new LCP amendment, triggering a new round of review.

Environmental Review. The October 24, 2023 report to Council and associated attachments contained analyses consistent with the California Environmental Quality Act (CEQA). The proposed amendments under consideration by the Council, which only add a requirement that a monetary contribution to the City’s Affordable Housing Trust Fund be at least $5 per square foot (rather than $5 per square foot), has no effect on the prior CEQA analyses, and the prior analyses, findings, and determinations remain.

Health in All Policies. The proposed amendments are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that they have the potential to increase funding for affordable housing, expand housing opportunities, and provide a variety of housing types that help better serve the needs the community.

FISCAL IMPACT: The proposed amendments have the potential to increase revenues into the City’s Affordable Housing Trust Fund. It has no effect on the City’s General Fund, unless the fee were levied in a manner that precluded a non-residential project from being constructed, in which case they would have a negative fiscal impact compared to the alternative of a new commercial project being constructed, because non-residential projects typically have a netpositive effect on the City’s General Fund. The amount of foregone General Fund revenue would vary from project to project.

Prepared by:

Ryan Bane
Senior Planner
Submitted by:

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

Matt Huffaker
City Manager

ATTACHMENTS:

1. RESOLUTION

2. CALIFORNIA COASTAL COMMISSION STAFF REPORT DECEMBER 2023 MEETING

3. CALIFORNIA COASTAL COMMISSION ACTION NOTICE

24.3 1
RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ACCEPTING

CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO DOWNTOWN PLAN

AMENDMENTS AND LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN AND

MAKING THOSE AMENDMENTS TO THE DOWNTOWN PLAN AND LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN RELATING TO AFFORDABLE HOUSING INLIEU FEES ASSOCIATED WITH NONRESIDENTIAL PROJECTS REQUESTING

ADDITIONAL HEIGHT, AND DIRECTING THE PLANNING DIRECTOR TO TRANSMIT

THE ACCEPTANCE TO THE CALIFORNIA COASTAL COMMISSION
WHEREAS, pursuant to authority delegated to the City of Santa Cruz by the California Coastal Commission, the City of Santa Cruz regulates development in the portion of the coastal zone that lies within the City Limits and that is outside of the original jurisdiction of the California Coastal Commission; and
WHEREAS, Chapter 4 (Development Standards and Design Guidelines) of the Downtown Plan is part of the Local Coastal Program; and
WHEREAS, the City Planning Commission held a public hearing on September 21, 2023 and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered with the adoption of the Downtown Plan amendments; and that the proposed amendments are in general conformance with the principles, policies and land use designation set forth in the General Plan and Local Coastal Land Use Plan; and WHEREAS, on October 24, 2023 the City Council adopted Resolution NS-30,231 amending the Downtown Plan and Local Coastal Program, and directed City Staff to submit those amendments to the California Coastal Commission for certification; and WHEREAS, on December 15, 2023, the California Coastal Commission held a public hearing on the amendments to the Local Coastal Program implementing the Downtown Plan amendments adopted by the City Council and certified the amendments to the Downtown Plan with modifications; and
WHEREAS, the California Coastal Commission sent a letter dated January 16, 2024 that identified the Commission’s action at their December 15, 2023 hearing, and through separate correspondence, provided the modified language approved by the Coastal Commission at that hearing; and
WHEREAS, the City Council considered and acted upon the California Environmental Quality Act (“CEQA”) analyses, findings, and determinations associated with the initial amendment package on October 24, 2023; those determinations are consistent with and remain unchanged by the minor amendments associated with the Coastal Commission’s action that are the subject of this resolution; and insofar as the proposed changes to the Downtown Plan are amendments to the Local Coastal Program Implementation Plan, the application of the proposed

24.4 2
amendments in the coastal zone is statutorily exempt from California Environmental Quality Act (“CEQA”) review pursuant to CEQA Guidelines Section 15265 and the California Public Resources Code Section 21089.9;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Santa Cruz City Council hereby accepts the California Coastal Commission’s suggested modifications to the Downtown Plan and adopts modifications to the Downtown Plan and Local Coastal Program Implementation Plan consistent with the changes requested by the Coastal Commission, as shown in Exhibit A attached hereto.

BE IT FURTHER RESOLVED AND ORDERED that the Santa Cruz City Council hereby directs the Director of the Planning & Community Development Department or their designee to transmit this acceptance and any adopted resolution that incorporates these modifications to the California Coastal Commission for concurrence by its Executive Director.

PASSED AND ADOPTED this 23rd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

24.5 3

EXHIBIT A
In Section H Additional Height Zones of the Downtown plan, Subsection H.1 on or about Pages 72- 73 of the Downtown Plan shall be amended as follows to note that in Subsection 1.b.vi, the in-lieu fee shall be a minimum of $5 per square foot.

Editorial notes: 1) All other Subsections under H.1 (e.g., H.1.a, and H.1.c through H.1.e) remain unchanged. 2) Bolded information below is to highlight the changes associated with this ordinance and shall not be bolded in the final version of the approved Downtown Plan.

1. Additional Height Zone A.

Properties on Pacific Avenue and within 150 feet of Pacific Avenue between Water and Lincoln Streets, and within 200 feet of Pacific Avenue between Lincoln and Laurel Streets (as measured perpendicular from the property line along Pacific Avenue) , certain properties located on the east side of Cedar Street between Mission Street and Ocean Alley, and the west side of Front Street between Cathcart and Laurel Streets shall be considered within the “Additional Height Zone A", within which additional height above the 55 foot Base Height limit may be requested for buildings meeting certain criteria (See Figure A-1: Downtown Plan Heights). The intent of the Additional Height Zone A is to preserve the overall character of the existing development pattern, while allowing a discretionary intensification of use and increased height to maintain a compact urban core. For eligible development projects that overlap the Base Height and Additional Height Zone boundary, all portions of the project exceeding the 55 foot base height shall be located within to the Additional Height Zone as shown in Figure A-1.
a. Eligible Development Projects. The granting of building height above the 55 foot Base Height limit is discretionary and requires a Design Permit with the recommendation of the Planning Commission to the City Council, which must approve the additional height. To achieve approval, the applicant must demonstrate that the proposed project meets the criteria described below. Applicants for development within the Additional Height Zone A may request additional height as indicated below, if one of the following conditions is met:
i. The aggregate parcel size is greater than 15,000 square feet, which may include land not located within the Additional Height Zone;
ii. The frontage along Pacific Avenue is greater than 150 feet, or at least 100 feet with 150 feet of frontage along an east-west street;
iii. The parcel is located between adjacent structures of four or more floors in height; or b. Additional Height Criteria for Project Approval. The development project shall be found consistent with the following overarching City objectives:
i. The additional height will help to achieve the First Principles of the Downtown Plan (e.g. form, housing, accessibility and open space).

24.6 4
ii. The additional height will contribute to an improved social and economic environment. iii. The form of the development promotes the appearance of a grouping of buildings rather than large, monolithic building masses.
iv. The development receiving additional height will physically and/or financially contribute its fair share (through an Improvement District, Development Agreement or similar mechanisms) to the implementation of internal pedestrian connections between Pacific Avenue and Front Street.
v. The additional height will help to meaningfully achieve one or more of the following key community objectives, including but not limited to: Economic Development Contributions to the Downtown, Affordable Housing, Day Care Center, exceed Green Building minimums, Incubator Space for Small Business, Public Access Easements, Public Right-of-way Improvements, Publicly Accessible Open Space, Structured or Shared Parking, and Transportation Demand Management concepts. vi. Affordable Housing Public Benefit Fee For Non-Residential Projects. An application for additional height is voluntary. Because an applicant requesting additional height is receiving a benefit in the form of increased height and intensity, and to ensure that non-residential projects which are granted additional height reasonably contribute to the City’s need for affordable housing, non-residential projects that are granted additional height shall be required to pay an in-lieu public benefit fee. The in-lieu public benefit fee shall be a minimum of $5.00 per square foot of gross floor area occurring above the 55-foot Base Height limit (i.e., the additional gross floor area occurring within the project on levels that exceed the 55-foot Base Height limit). The fee shall be paid prior to occupancy of the project. All fees provided collected under this section shall be deposited in the City of Santa Cruz’s affordable housing trust fund.

In Section H Additional Height Zones of the Downtown plan, Subsection H.2 on or about Pages 78- 79 of the Downtown Plan shall be amended as follows to note that in Subsection 2.b.vii, the in-lieu fee shall be a minimum of $5 per square foot.

Editorial notes: 1) All other Subsections under H.2 (e.g., H.2.a, and H.2.c through H.2.e) remain unchanged. 2) Bolded information below is to highlight the changes associated with this ordinance and shall not be bolded in the final version of the approved Downtown Plan.

2. Additional Height Zone B.

The Additional Height Zone B includes properties located on the east side of Front Street between Soquel Avenue and Laurel Street.
a. Eligible Development Projects. The granting of building height above the 50-foot Base Height limit is discretionary and requires a Design Permit with the recommendation of the Planning Commission to the City Council, which must approve the additional height. To achieve approval, the applicant must demonstrate that the proposed project meets the criteria described below. Applicants for development within the Additional Height Zone B may

24.7 5
request additional height as indicated below if one of the following conditions is met:
i. The aggregate parcel size is greater than 15,000 square feet; ii. The frontage along Front Street is greater than 100 feet; iii. The parcel is located between adjacent structures of three or more floors in height; or b. Additional Height Criteria for Project Approval. The development project shall be found consistent with the following overarching City objectives:
i. The additional height will help to achieve the First Principles of the Downtown Plan (e.g. form, scale, housing, accessibility and open space);
ii. The additional height will contribute to an improved social and economic environment; iii. The form of the development promotes the appearance of a grouping of buildings rather than large monolithic building masses;
iv. The development receiving additional height will physically and/or financially contribute its fair share (through an Improvement District, Development Agreement or similar mechanisms) to the implementation of internal pedestrian connections between Front Street and the Riverwalk;
v. The additional height will help to meaningfully achieve one or more of the following key community objectives, including but not limited to: Economic Development Contributions to the Downtown, Affordable Housing, Day Care Center, exceed Green Building minimums, Incubator Space for Small Business, Public Access Easements, Public Right-of-way Improvements, Publicly Accessible Open Space, Structured or Shared Parking, and Transportation Demand Management concepts. vi. Clear demonstration of the public benefit relating to two principal objectives: high quality public access between Front Street and the river, and the appropriate treatment of the riverfront edge along the Riverwalk.
vii. Affordable Housing Public Benefit Fee For Non-Residential Projects. An application for additional height is voluntary. Because an applicant requesting additional height is receiving a benefit in the form of increased height and intensity, and to ensure that non-residential projects which are granted additional height reasonably contribute to the City’s need for affordable housing, non-residential projects that are granted additional height shall be required to pay an in-lieu public benefit fee. The in-lieu public benefit fee shall be a minimum of $5.00 per square foot of gross floor area occurring above the 50-foot Base Height limit (i.e., the additional gross floor area occurring within the project on levels that exceed the 50-foot Base Height limit). The fee shall be paid prior to occupancy of the project. All fees provided collected under this section shall be deposited in the City of Santa Cruz’s affordable housing trust fund.

24.8 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
F12a
Prepared December 1, 2023 for December 15, 2023 Hearing To: Commissioners and Interested Persons
From: Kevin Kahn, Central Coast District Manager
Rainey Graeven, Central Coast District Supervisor
Kiana Ford, Coastal Planner
Subject: City of Santa Cruz LCP Amendment Number LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

SUMMARY OF STAFF RECOMMENDATION
The City of Santa Cruz proposes to amend portions of its Local Coastal Program (LCP) Implementation Plan (IP) to update the LCP’s “Downtown Plan”, which provides development standards, design guidelines, and other requirements for new construction in the City’s downtown area located about a half-mile inland from the shoreline. The City’s downtown area has undergone significant redevelopment and revitalization in recent years, including most notably the planning, permitting, and ongoing construction of a number of significant mixed-use housing projects, and the City indicates the proposed amendment would complement and further activate and revitalize the downtown area. Overall, the proposed amendment seeks to build upon previous efforts to update development standards and facilitate an active and vibrant downtown area comprised of a variety of uses including housing, visitor-serving uses, and commercial businesses, all with enhanced connections between the core downtown and the San Lorenzo levee pathway and between the sidewalks/pedestrian accessways and downtown development.

The proposed LCP changes are mostly focused around clarifying when development is allowed taller buildings (i.e., up to an additional 20 or 30 feet maximum depending on the particular area), when even taller ‘activated rooftop elements’ (i.e., bars, pools, garden areas, etc.) can be applied above those heights (up to an additional 15 feet), and when housing is required in the area, particularly in the area located adjacent to the San Lorenzo River between Laurel Street and Soquel Avenue. For this area, the LCP requires a certain amount of housing both as part of the base project as well as for any increase in height above the base 50-foot height limit (and doesn’t allow the additional 15 feet on top of that). Although such housing projects could still be pursued under the amendment, they would no longer be required. The City’s intent in making such changes is because there is essentially one site to which these changes would effectively apply in the coastal zone, and the City envisions this site for a hotel use. The City indicates that such a project would be able to appropriately complement the significant amount of housing already under construction or envisioned in the downtown

24.9 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

area (with nearly 1,400 housing units either proposed, entitled, and/or under construction currently), and that this site provides a means to meet other important City needs associated with a downtown hotel (with conference space, etc.) when no such downtown hotels currently exist. Thus, the proposed amendment essentially provides clearer standards for a potential hotel use (and the City is currently working on a CDP application for just such a hotel at this site). The amendment also adds a requirement that applicants for such non-residential projects that avail themselves of the additional height allowed under the plan are required to contribute to the City’s affordable housing trust fund (at a rate of $5 per additional square foot accommodated).

The LCP Land Use Plan (LUP), which is the standard of review for this proposed amendment, prioritizes visitor serving development over housing, but also seeks to balance housing needs, especially in the downtown area. As indicated, the City has been extremely successful in facilitating residential development – including affordable housing – in the downtown area, and the City’s proposed changes here that are designed to facilitate complementary visitor serving development furthers LUP visitor serving objectives and can be approved for that reason. As to lower cost overnight accommodation requirements, the same types of protections required by the Coastal Act are required by the existing LCP, and would be applied to any future hotel project at this location.

For these and other reasons articulated in more detail in the remainder of this report, staff recommends that the Commission find the proposed amendment consistent with and adequate to carry out the LUP, and thus approve the amendment as submitted.

The motion and resolution are found on page 4 below.

Staff Note: LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on November 15, 2023. The proposed amendment affects the LCP’s IP, and the 60-working-day action deadline is January 14, 2024. Thus, unless the Commission extends the action deadline (it may be extended by up to one year), the Commission has until January 14, 2024 to take a final action on this LCP amendment.

Therefore, if the Commission fails to take a final action in this case (e.g., if the Commission instead chooses to postpone/continue LCP amendment consideration), then staff recommends that, as part of such non-final action, the Commission extend the deadline for final Commission action on the proposed amendment by one year. To do so, staff recommends a YES vote on the motion below. Passage of the motion will result in a new deadline for final Commission action on the proposed LCP amendment. The motion passes only by an affirmative vote of a majority of the Commissioners present.

Motion: I move that the Commission extend the time limit to act on City of Santa Cruz Local Coastal Program Amendment Number LCP-3-STC-23-0045-2-Part A to January 14, 2025, and I recommend a yes vote.

24.10 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

TABLE OF CONTENTS

1. MOTION AND RESOLUTION ............................................................................. 4

2. FINDINGS AND DECLARATIONS..................................................................... 4 A. Proposed LCP Amendment Description ............................................................... 4 B. Proposed LCP Amendment Consistency Evaluation............................................ 8 C. California Environmental Quality Act (CEQA)..................................................... 16

EXHIBITS
Exhibit 1: Proposed IP Amendment (shown in strikethrough and underline) Exhibit 2: Downtown Plan Map
Exhibit 3: Table LCP-2 “General Plan Coastal Land Use Policies, Programs, Implementing Regulations, Maps and Tables”
Exhibit 4: Map of Front Street/Riverfront Corridor and Projects

CORRESPONDENCE

24.11 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

1. MOTION AND RESOLUTION
Staff recommends that the Commission, after public hearing, certify the proposed LCP amendment as submitted. The Commission needs to make one motion in order to act on this recommendation, and staff recommends a NO vote on the motion below.

Failure of this motion will result in certification of the Implementation Plan amendment as submitted 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 to Certify: I move that the Commission reject Implementation Plan Amendment LCP-3-STC-23-0045-2-Part A as submitted by the City of Santa Cruz and I recommend a no vote.

Resolution to Certify: The Commission hereby certifies Implementation Plan Amendment LCP-3-STC-23-0045-2-Part A for the City of Santa Cruz and adopts the findings set forth below on the grounds that the amended Implementation Plan conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan. Certification of the amended Implementation Plan 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 amended Implementation Plan on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment.

2. FINDINGS AND DECLARATIONS
A. Proposed LCP Amendment Description
The Commission originally approved the City of Santa Cruz’s Local Coastal Program (LCP) in 1985, where the 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 zoning designation, implements appropriate height, mass, and setback requirements for development, and specifies that approvable development must meet specific coastal resource protection standards, all of which derive from and implement LUP provisions.

These LUP provisions in turn derive from and implement the coastal resource management provisions of Chapter 3 of the Coastal Act.

The IP includes Chapter 41 of the City’s “Downtown Plan”2 and provides development standards, design guidelines, and other requirements for new development in the downtown area (about a half-mile inland from the shoreline), the southern part of which, 1 Chapter 4 is incorporated by reference into the development standards for the Central Business District zoning designation (IP Section 24.10.2301), which is an implementing section of the City’s LCP. 2 The City also amended Chapters 1, 2, 3 and 5 of the Downtown Plan; however, these changes are not part of the City’s certified LCP and are thus not analyzed as part of this report/amendment.

24.12 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

generally south of Soquel Avenue, is located within the coastal zone (see Exhibit 2).3 All parcels located within the Downtown Plan are zoned “Central Business District”, and the Downtown Plan then further divides the greater downtown area into four subareas/districts (i.e., the Pacific Avenue Retail District, the Front Street/Riverfront Corridor, the Cedar Street Village Corridor, and the North Pacific Area) to help facilitate development that responds to the unique attributes and character of these areas, with an overarching goal of active and vibrant mixed-use neighborhoods comprised of housing, visitor-serving uses, commercial businesses, and an array of public parks, paseos, and walkways.

The Plan was initially developed in 1991 as a response to facilitate the rebuilding of downtown Santa Cruz after the 1989 Loma Prieta earthquake demolished many buildings and resulted in substantial damage to its physical and social fabric (it was then titled the “Downtown Recovery Plan”). The City then substantially updated it in 20184 with a new focus on additional housing, increased building heights to accommodate such housing, and a focus on activating the San Lorenzo Riverfront area.5 Since its initial focus on earthquake recovery had been completed, the Plan was updated at that time (with the term ‘Recovery’ removed) to reflect and address then current needs and issues for the City’s urban core. Of particular note, the 2018 Downtown Plan update aimed to facilitate new development, particularly housing units, in the southern portion of these districts, and to promote enhancements to and greater public use of the San Lorenzo Riverwalk. The 2018 changes allowed larger, taller structures supporting mixed uses, and required new development to incorporate design features that connect the downtown area to the river, including by requiring new development to provide publicly accessible connections to the Riverwalk from Front Street and to fill the area between the private property line and the levee slope of the river, where such area would be required to be put to public uses. In other words, the 2018 update significantly ‘upzoned’ much of the downtown area, but in particular targeted the riverfront stretch along Front Street between Soquel Avenue and Laurel Street, with goals to provide needed housing and more activated and integrated commercial spaces, visitor-serving uses, and Riverwalk connectivity and enhancements. Since that time, the City’s downtown area has undergone significant redevelopment and revitalization in recent years, including a number of mixed-use projects either built, under construction, approved, or under City review currently totaling some 1,352 housing units.
6 In sum, the Downtown Plan
3 Much of the Downtown Plan area is located outside of the Coastal Zone. Although Chapter 4 covers development standards throughout the downtown area, only approximately 20% of the area falls within the coastal zone boundary.
4 See LCP-3-STC-17-0073-2-Part A (Downtown Plan).
5 The San Lorenzo River forms the eastern and southern boundary of the downtown area, and the river is located between large levees that confine the river and that provide access trails on top of the levees, known as the “Riverwalk”.
6 The City has permitted four major mixed-use housing projects in recent years in the downtown area, including one 100% affordable project, and all four are currently under construction. These four projects alone total 515 residential units, 154 of which are required to be affordable. In addition, the City has six housing projects currently in the planning/permitting stage within the downtown area, both in and out of the coastal zone, that will provide 462 market rate and 375 affordable units. In total, the City has ten housing projects currently under construction or in the planning/permitting stage within the downtown area that will provide a total of 1,352 housing units: Cedar Street family apartments (includes 16 very low24.13 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

appears to be working in terms of meeting its goals to enliven the downtown area with housing and other improvements, including in terms of invigorating the connection between the downtown area and the San Lorenzo River and Riverwalk (the latter of which provides direct pedestrian/bicycle access to Santa Cruz Main Beach and the Boardwalk area), with even more revitalization and redevelopment envisioned. 7 The proposed amendment would update several provisions of the Downtown Plan, with the most notable being the development standards for the east side of Front Street adjacent to the San Lorenzo River between Soquel Avenue and Laurel Street. This area of downtown has historically been developed with one- and two-story buildings constructed between the 1920s and 1940s, and a series of surface parking lots, but is the subject of substantial new and re-development as envisioned by the LCP. In particular, the northern part of this area, at the corner with Soquel Avenue, is in the planning stage for a 276-unit housing/mixed-use project (this project/location is just outside the coastal zone boundary), and the middle/interior of the Front Street corridor is currently under construction with a substantial 175-unit mixed-use project (including 20 affordable housing units) approved in 2021.
8 The southern section of this area,
extending from the active construction site to the corner of Front and Laurel Streets, is the primary target of the LCP amendment (see Exhibit 4). That area is currently occupied by a series of commercial buildings and surface public parking lots, but the City ultimately envisions a hotel for this area, and sees its redevelopment as an opportunity to help revitalize this part of downtown, including to enhance the Riverwalk and access to it, which in turn would help to revitalize this bicycle- and pedestrianfriendly connection between the City’s core commercial district and the coast. Namely, the City proposes the following changes:
 Add arcades, billiard halls, and other indoor recreational uses to the definition of theatre/commercial entertainment use, thereby allowing these additional uses throughout the four downtown subdistricts.
 Remove the administrative use permit requirement for supportive and transitional housing, small and large daycare units, upper-floor multifamily residential units, income and 48 low-income units); 130 Center Street (includes 35 very low-income units and 198 marketrate units); 530 Front Street (includes 28 very low-income units, 9 low-income units, and 239 market rate units); Front Street Mixed-Use (includes 15 very low-income units, 5 low-income units, and 155 market rate units); New Library and Mixed-Use Building (includes 78 very low-income units and 45 low-income units); 2035 N. Pacific (includes 5 low-income units and 21 market rate units); Pacific Station South (includes 59 very low-income units, 10 low-income units and 1 market rate unit); Pacific Station North (includes 125 low-income units and two market rate units); 136 River Street (includes 38 very low-income units and 12 low-income units); and 100 Laurel Street (includes 205 market rate units). 7 Notably, the City of Santa Cruz is among only 6% of jurisdictions throughout the state of California on track to meet their current Regional Housing Needs Assessment (RHNA) target of 747 units in the 2015- 2023 cycle. In addition, for the 2023-2031 cycle, the City of Santa Cruz RHNA target contemplates an additional 3,736 units, most of which the City intends to satisfy in the greater downtown area including via the City’s Downtown Expansion Plan, which proposes to expand the Downtown Plan’s applicability to areas south of Laurel and along Front Street, ending at Depot Park. The Downtown Expansion Plan would require its own LCP amendment.
8 That City approval was appealed to the Commission, and the Commission found no substantial issue on the appeal in March, 2021.

24.14 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

flexible density units, and single room occupancy units, thereby streamlining and reducing the number of permits required for higher density housing projects and daycare facilities.
 Require recreational uses and other active ground floor uses to be visible from street frontage to facilitate more ground floor activation and better integrate and transition sidewalks/walkways with downtown buildings/businesses.
 Require Planning Commission approval for additional height approvals, rather than the Planning Director.
 Remove redundant language regarding qualifying for additional height with density bonus law (which already allows for a height waiver).
 Add language to encourage activated rooftop amenities and uses. This would allow for an additional fifteen feet of extra height to the maximum allowable height in each zone for such amenities/uses (i.e., outdoor pools, bars, garden/green spaces, etc.), where they would be restricted to occupying a maximum of 50% of the rooftop area and would be required to be set back from the edge of the roof by at least fifteen feet.
 For Height Zone “A” (which, in the coastal zone, applies to the area along Pacific Avenue between Elm Street and Laurel Street), eliminate the requirement that housing be included for any extra height (up to 85 feet in some locations) above the base zoning district’s 55-foot limit. For any non-residential project that is granted such height increases, add a requirement for a $5 per gross floor area fee to be charged for all floor area above the 55-foot height, to be deposited into the City’s affordable housing trust fund.

In addition to the above, the proposed amendment modifies several standards specific to development within the Front Street/Riverwalk corridor between Soquel Avenue and Laurel Street:
 Continue to allow housing as a principally permitted/envisioned use along this whole corridor, but eliminate the current requirement that, for properties beyond a distance of 75 feet from Laurel Street and Soquel Avenue (i.e., within the interior of the corridor outside of the two street intersections) housing shall comprise at least 60% of the total upper floor area (i.e., floors above the ground level floor).  Explicitly note that upper floor housing is not required in this area.  Eliminate the existing requirement that an increase in height above the base zoning district’s 50-foot height limit (up to a maximum of 70 feet) be for a “concentration” of new housing. For any non-residential project that is granted such height increases, add a requirement for a $5 per gross floor area fee to be charged for all floor area above the 50-foot height, to be deposited within the City’s affordable housing trust fund.

24.15 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

 Specify that hotels/motels are principally permitted uses along the entirety of the east side of Front Street, and not just within 200 feet from Soquel Avenue or Laurel Street as is the current language.
 Eliminate the ability to have hotel rooms on ground level frontages or along Riverfront-level frontages so as to facilitate more ground floor activation.

In short, the proposed amendment modifies various standards in the Downtown Plan to facilitate an active commercial core, including through new allowable uses, limiting ground floors of buildings to active uses and not hotel rooms, encouraging rooftop decks and other such activities, and allowing for multiple types of housing in the area, including flexible density units.9 Of the more substantive changes that apply to the Front Street/Riverwalk area, the amendment eliminates the requirement that 60% of the floor area on floors above the ground level floor for certain properties be reserved for housing (specifically along the eastern side of the single Front Street block between Soquel Avenue and Laurel Street), and allows for an increase in height limits for non-residential uses subject to payment of affordable housing fees. One of the end results of these amendments would be to allow for all-hotel projects, including with increased height limits, in this stretch of downtown, which would then provide for the envisioned/proposed hotel project at the corner of Soquel Avenue and Laurel Street.

See Exhibit 1 for the proposed IP amendment text.

B. Proposed LCP Amendment Consistency Evaluation
Standard of Review
The proposed amendment affects the LCP’s IP, and the standard of review for IP amendments is that they must conform with and be adequate to carry out the policies of the certified LUP.

Applicable Land Use Plan Provisions
The City’s LUP is comprised of ten overarching elements (e.g., Community Design, Land Use, Parks and Recreation, etc.) as well as components of several area plans.

LUP provisions relevant to the proposed IP amendment include:

Community Design Element 1.1.1: Focus development in the Central Core, and along arterial and mass transit corridors.

Community Design Element 3.6: In pedestrian areas, require building design to be responsive to the pedestrian environment. These areas include but are not limited to Downtown, South of Laurel, the Beach, wharf, shoreline, and commercial shopping areas.
9 Flexible Density Units, or FDUs, are a type of housing prescribed by the LCP that are small units between 220 to 650 square feet and are exempt from density requirements. The intent is to provide for some additional housing units on a subject site able to accommodate them, including if otherwise consistent with height, setback, parking, and LCP parameters. The Commission approved this housing construct in October 2023 in LCP-3-STC-23-0005-1-Part A.

24.16 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

Economic Development Element 2.4.6: Provide for the development of supporting land uses adjacent to retail shopping areas (e.g., motels/hotels around visitor shopping areas, and residences and offices around residentserving shopping areas), while assuring protection of existing residential neighborhoods.

Economic Development Element 4.5.1: Require continuity of active groundlevel uses (retail, restaurant, cultural, etc.) along Pacific Avenue.

Economic Development Element 5.2: Encourage upgrades of existing hotel facilities and attract quality hotel and conference facilities in locations and scale appropriate to the City’s character to enhance the quality of visitor-serving areas and promote development of the conference tourism market.

Economic Development Element 5.2.3 (in relevant part): …encourage owners to upgrade existing hotel/motel facilities while also ensuring the retention of moderately priced accommodations.

Land Use Element 2.6.3: Prioritize development of high-density mixed residential and commercial development in the City's Downtown Central Business District…
Land Use Element 2.7.2: Improve the character and quality of visitor-serving commercial areas to encourage more off-season and overnight visits.

Land Use Element 3.5.5: Develop and implement plans to maximize public access and enjoyment of recreation areas along the coastline.

Land Use Element 5.3: Provide for high-density development and mixed-uses, where appropriate, as well as transit- and pedestrian- oriented land use patterns to reduce dependence on the automobile and support the use of mass transit and other alternative transportation modes.

Land Use Element 5.3.5: Ensure that visitor-serving facilities are arranged and developed in a compact, integrated manner to reduce automobile circulation and emphasize pedestrian movement.

Economic Development Element 5.3: Provide careful evaluation and require appropriate design of visitor-serving facilities and services to reduce traffic and also ensure protection of neighborhood, important views and the natural environment.

Economic Development Element 5.5: Work with CVC and other groups to increase off-peak and off-season tourism by enhancing and promoting off-season events, improve existing visitor attractions, expand the diversity of visitor attractions, and also emphasize the special features such as natural environment, historic character, cultural and recreational opportunities and visual and performing arts that draw visitors to the City.

24.17 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

Taken together, these LUP policies speak to enhancing the visitor-serving experience and maximizing public access/recreation opportunities in the city; enhancing the pedestrian environment, including by activating ground floor areas and designing development with pedestrian-oriented standards; concentrating development in centralized areas with a mix of uses and amenities, including in an effort to reduce dependence on automobiles; and improving the quality of visitor-serving areas by encouraging upgrading of hotels/motels while protecting lower cost access.

Consistency Analysis
In general, the purpose of the proposed amendment is to provide a number of updates to the Downtown Plan in order to streamline discretionary permits, address recent state law changes, ensure consistency throughout the document, and update several standards, including to facilitate a future hotel project along the Front Street/Riverfront Corridor.

Many of the proposed changes are fairly straightforward and have proven noncontroversial to date. For example, the proposed changes help concentrate development in existing developed areas and enhance public access and recreational opportunities consistent with the LUP. Notably, additional recreational uses, such as arcades and billiard halls, would be added to the definition of entertainment uses and add further entertainment and economic opportunities to all districts in the downtown area. Additionally, the proposed changes would remove the administrative use permit requirement for a number of development types (e.g., supportive and transitional housing, small and large daycare units, etc.), which would streamline these types of projects and facilitate their development in downtown. These changes seek to focus more development within the downtown area, where those uses can satisfy a variety of residential, commercial, economic, social, and transportation needs. Concentrating an array of development and a variety of uses in downtown Santa Cruz (including a mix of housing, offices, general commercial, indoor recreation, and visitor-serving uses) in close proximity to the Santa Cruz Beach Boardwalk, Cowells Beach, Main Beach, and the Santa Cruz Wharf (all generally a half mile to a mile away) also satisfies Land Use Element (LU) Policies 2.6.3, 5.3, and 5.3.5, and Economic Development Element (ED)

5.3 (which together seek to promote a mix of uses to encourage multi-modal and alternative transportation), and helps further the City’s climate action goals by helping to facilitate projects intended to reduce greenhouse gas emissions and vehicle miles traveled. More specifically, the proposed amendments help create more opportunities to live, work, visit, shop, and recreate all within a more concentrated area, allowing people to reduce vehicle trips via biking, walking, and using public transportation (including because these alternate transportation services and routes are much more readily available in the downtown core and downtown adjacent areas).

The IP amendment also makes specific changes to ground floor development standards. Specifically, the proposed changes would require recreational uses and other active ground floor uses to be visible from street frontage, in addition to prohibiting hotel rooms on the ground floor and/or the Riverwalk floor of buildings. These types of changes would help to facilitate activation of the ground floor and provide an enhanced pedestrian experience throughout the downtown districts, consistent with the LUP’s requirement to provide continuity of active ground-level uses (see ED Policy 4.5.1) and

24.18 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

to ensure building designs are responsive to the pedestrian environment (see Community Design Element (CD) Policy 3.6). The activation of ground level areas as proposed in this amendment will enhance the visitor-serving experience in the downtown area, in line with the LUP directive to maximize enjoyment of recreation areas along the coast (LU Policy 3.5.5).

The LUP also specifically speaks to assessing, providing, and encouraging the City’s supply of hotels/motels (see LUP Policies ED 5.2 and ED 5.2.3), and thus the City proposes changes to the Downtown Plan to better facilitate some limited such uses that are accompanied by significant activation and visitor-serving amenities, and which are intended to contribute to the economic vitality of the downtown. This change would be limited to specific areas within downtown (i.e., Height Zones A and B), which the City views as an opportunity to increase coastal visitor-serving recreation and tourism (in line with LUP policies ED 5.5, LU 2.7.2, and LU 3.5.5), while still allowing, facilitating, and expanding existing uses (i.e., visitor-serving, recreational, residential, etc.). While the downtown area currently provides a number of visitor-serving amenities (e.g., restaurants, shopping, public transit, etc.), the area notably lacks any type of hotel/motel to support visitor overnight accommodations and tourism. The LUP speaks to developing such supporting land uses in retail shopping areas like downtown (see ED

2.4.6), specifically highlighting developing motels/hotels around visitor shopping areas, and the proposed changes would be consistent with this direction. All other LCP provisions that protect coastal resources would continue to apply and are unchanged in this amendment.

In sum, the allowances in this proposed amendment designed to foster hotel uses would be consistent with LUP and Coastal Act objectives related to the prioritization of visitor-serving uses/accommodations, particularly in the downtown area. Indeed, providing for a hotel is a primary City objective for the downtown and was a primary impetus for the proposed changes. The City has indicated that while housing is a top priority City-wide, including especially in the downtown, a hotel in this particular section of downtown is also something that will provide needed visitor-accommodations and active commercial uses to a prime corner location. The City’s position is reasonable and understandable, especially when understood in tandem with the high-density residential development under construction and being planned throughout the downtown area including in particular along Front Street between Soquel Avenue and Laurel Street.

And to be clear, a hotel would not be required to be developed in this area, and in fact a mixed-use and housing project could still be pursued even under the amended IP, rather the IP changes would essentially allow a hotel of a similar size as such mixeduse project without a requirement that a hotel project also be required to provide housing.

That being said, questions have been raised regarding the proposed changes and their effect on the LCP’s ability to ensure protection of lower cost visitor-serving accommodations, and whether the proposed amendments would reduce the potential to provide residential units in the downtown. Regarding the former, as context and background, the City’s LCP includes a series of provisions related to coastal recreation and visitor-serving uses. These provisions reflect the same Coastal Act directives and objectives around preserving and protecting coastal recreation opportunities. For

24.19 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

example, LU Policy 3.5.5 provides direction to “develop and implement plans to maximize public access and enjoyment of recreation areas along the coastline” while ED Policy 5.2.3 directs the City to protect “existing hotel/motel facilities while also ensuring the retention of moderately priced accommodations”. In terms of lower cost visitor-serving amenities specifically, the LCP policies related to coastal recreation and visitor-serving uses derive, in part, from Coastal Act Section 30213 (and Table LCP-2 explicitly identifies Coastal Act Section 30213 and identifies the plethora of LUP provisions which implement it, see Exhibit 3), which states:

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. …
In addition, courts have held that LCP provisions must be understood in relation to the relevant Coastal Act section or sections from which LCP provisions derive their authority.10 Accordingly, even though Coastal Act Section 30213 itself is not directly applicable in this case, because a future hotel/motel project would not be located between the first public through road and the sea, it is clear that the City’s LCP policies are based on and implement Coastal Act 30213, and they mandate that lower-cost facilities be protected, encouraged, and provided if feasible. Additionally, Section 30222 of the Coastal Act, which the LUP also implements through multiple LUP provisions, prioritizes visitor-serving and recreational uses over residential, industrial, or general commercial uses within the coastal zone, and this amendment will help prioritize those coastal uses, while still accommodating residential development.

While the Commission has taken various approaches to implement Coastal Act Section 30213 and corresponding LCP provisions, it has generally identified lowercost overnight accommodations as 75% or less of the statewide average, 11 high-cost
accommodations as 125% or greater than the statewide average, and medium-cost as falling in between. Once such rates are identified, as mitigation for the imposition of high-cost/luxury rooms, the Commission has typically required that lower-cost accommodations be provided at an amount equal to 25% of the number of proposed high-cost accommodations. This can be in the form of on-site accommodations, offsite ones, an in-lieu fee commensurate with the cost of construction such units 10 See, for example, McAllister v. Cal. Coastal Com’n (2008) 169 Cal.App.4th 912, 930-932, which held that: “Although local governments are responsible for drafting the ‘precise content’ of their local coastal programs, those subdivisions must, at a minimum, conform to and not conflict with the resource management standards and policies of the [Coastal] Act,” and as such, any ambiguities must be interpreted as being consistent with the Coastal Act standards. This legal point can be traced to Section 30512(c) of the Coastal Act, which requires that an LUP “meet the requirements of, and is in conformity with, the policies of Chapter 3.” Given that Coastal Act Section 30513 contains an analogous requirement, requiring IPs to conform with, and be adequate to carry out, the provisions of a certified LUP, we can extend the McAllister rationale from interpreting LCPs to ensure conformity with the Coastal Act, to interpreting IPs so as to ensure conformity with the LUP. 11 The statewide hotel average is found by collecting statewide peak season (summer) average daily room rates for standard, double occupancy rooms. To ensure that the lower-cost hotels and motels surveyed meet a minimally acceptable level of quality, including safety and cleanliness, standard use only includes AAA Auto Club-rated properties that are rated one- and two-diamond rated hotels.

24.20 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

elsewhere, or some combination. The Commission has in the past not typically required mitigation in the form of lower-cost rooms or a corresponding in-lieu fee for low or medium/moderate cost rooms, but instead has ensured the project includes other forms of public access enhancements and amenities (e.g., bike rentals, public plazas, etc.) so as to ensure an array of such enhancements/amenities, including focusing on lower cost or free enhancements/amenities in such an exercise. By protecting and providing low and moderate-cost lodging for the price-sensitive visitor, a broader segment of the population will have the opportunity to visit the coast.

Thus, any future proposed visitor-serving project, such as the hotel that is being proposed locally currently, will need to meet the requirements of Coastal Act Section 30213 as implemented through the LUP regarding protection of lower/moderate cost visitor-serving facilities, including requiring mitigation for moderate and higher cost models. In short, as informed by the Coastal Act, the LCP includes appropriate provisions to protect and provide for low and moderate cost accommodations, and any proposed hotel project that may follow this LCP amendment will be reviewed for consistency with such provisions as it moves through its CDP evaluation process.12 Lastly, with respect to how the proposed changes will affect housing, it is first important to walk through the existing LCP’s housing requirements as they apply in the downtown area. The Downtown Plan currently specifies that residential and hotel uses are allowed essentially throughout the entire area. For Height Zone A, which, in the coastal zone, comprises the Pacific Avenue corridor between Elm Street and Laurel Street, housing is allowed but not required for new development within the 55-foot height limit. The Plan allows for increases in heights up to 75 feet on the western side of Pacific and 85 feet on the eastern side all the way through Front Street. One of the requirements to granting a height increase is that it will “contribute to an improved social and economic environment by including new housing.” The Plan is not specific as to what amount of housing would satisfy this provision.

In addition, for Height Zone B (which is the eastern side of Front Street that stretches from Soquel Avenue to Laurel Street where the current hotel project is being proposed currently), housing and hotels are also both allowed uses, but 60% of the total floor area of any development (excluding the ground floor and any parking) must be reserved for housing in certain circumstances. Specifically, the LCP states that this housing requirement does not apply to properties within 75 feet of Soquel Avenue or Laurel Street. This provision has yet to be applied to an actual proposed project to date, and it is somewhat unclear as to its meaning. For example, this could be interpreted to mean that (a) an entire project is exempt from this housing requirement if a portion of it is within 75 feet of Soquel Avenue or Laurel Street, (b) properties within 75 feet of Soquel Avenue or Laurel Street are exempt, and if a project extends beyond those properties, only that portion located on such properties would be exempt, or (c) only the portions of 12 Note that a City CDP approval for a hotel project located on the east side of Front Street at the intersection with Laurel Street (i.e., the site where the hotel is currently proposed) would be appealable to the Coastal Commission because the project site is located within 300 feet of the mean high tide line (by way of the San Lorenzo River).

24.21 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

such a project within that 75-foot area are exempt. Generally speaking, the scenarios that would require the least housing (i.e., none) to the most housing range from scenario (a) to (c). Applying such scenarios to the currently proposed hotel project13,14 for comparison shows that:
 Under scenario (a) a potential hotel proposal would be completely exempt from such housing requirement if it extended to within 75 feet of Laurel Street (which, as proposed, it currently does), and thus no housing would be required to allow CDP approval.
 Under scenario (b) properties within 75 feet of Laurel Street are exempt, and if a project extends beyond those properties, only that portion located on such properties would be exempt (which, in this case, is two properties that together extend about 125 feet from Laurel Street, meaning that the rest of the project (that extends another 225 feet to the north) would be subject to such housing requirements). In other words, about 64% of the project would be subject to housing requirements (again, which would only apply to 60% of the upper floors). Given the total square footage of floors two through six is approximately 123,000 square feet, that means that approximately 64% of that would be required to have 60% housing, equating to 47,000 square feet of required housing (and at a generalized rate of 1,000 square feet per unit, that would equate to some 47 units).15
 Under scenario (c) only that portion of a potential hotel proposal within 75 feet would be exempt, meaning that the remainder of the project that extends another 275 feet to the north would not. In other words, about 79% of the project would be subject to housing requirements (again, which would only apply to 60% of the upper floors).

Applied to the total square footage of floors two through six, and applying the 60% provision, that means that approximately 58,000 square feet would be required to be devoted to housing (or approximately 58, 1,000 square-foot units).

In other words, and applying the most housing conservative scenario, such a project would at most require about 58,000 square feet of housing (or 58 units, if they were 1,000 square feet each) under the current LCP. This, to be sure, is not an inconsequential amount of housing that would be foregone in such a project were the LCP amendment to be approved. At the same time, focusing on such an issue as a housing problem in need of potential correction is too simplistic an analysis, and to do so does not take into context the City’s visitor-serving needs as well. In fact, and as indicated earlier, the City indicates that such a visitor-serving project would be able to appropriately complement the significant amount of housing already under construction or envisioned in the downtown area (with nearly 1,400 housing units either proposed, 13 At the time of this staff report publication, an official application for the hotel project has been submitted to the City Planning Department and is currently under review. The application has not gone before the Planning Commission or City Council.
14 The project site for the hotel is approximately 350 feet long measured from Laurel Street, and the hotel would occupy 6 floors.
15 Where 47 such units would clearly satisfy the “concentration of housing” requirement that would allow for the proposed extra height.

24.22 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

entitled, and/or under construction currently), including over 450 housing units in the applicable Front Street corridor alone. And this site provides a means to meet other important City needs associated with a downtown hotel (with conference space, etc.) when no such downtown hotels currently exist. In addition, the amendment includes a new provision that requires that applicants that avail themselves of the additional height allowed under the plan are required to contribute to the City’s affordable housing trust fund at a rate of $5 per additional square foot accommodated (and such a fee as applied to the currently proposed hotel project would be somewhere in the neighborhood of $220,000, according to the City). In other words, the amended LCP as applied to a hotel project would not be without its own contribution to housing – and importantly affordable housing – in the City.

In sum, the Downtown Plan is rather complex and can be a little unclear, as shown above, as to what amount of housing is required in these areas, with housing being required in some locations (i.e., on upper floors along the interior of the Front Street/Riverwalk corridor), and not others (within 75 feet of the two street corners along Front Street, however that is applied, as well as within the base height limit along Pacific Avenue). It also doesn’t specify what amount of housing would be required to allow for height increases, which, in theory, could be as low as two units (as articulated by the City) or as high as several floors of additional housing. Thus, it’s difficult to quantify how much housing the Downtown Plan currently requires, and therefore how much housing would be potentially “lost” with the proposed amendment, which seeks to eliminate the requirement to provide 60% of the floor area as residential (excluding the ground floor and parking). As discussed previously, the City seeks to modify the LCP by removing the 60% upper floor housing requirement along the eastern side of the single block of Front Street between Soquel Avenue and Laurel Street, and by removing the requirement that the extra height in Zones A and B be reserved for some amount of housing.16 The amendment replaces these requirements with a $5 per gross floor area fee for all floor area reserved for non-residential uses above the base height limits.

When LCP changes are proposed which may remove housing, it raises potential concerns, particularly given the State’s acute housing crisis, a crisis of which is particularly severe in the coastal zone. However, for several reasons, such changes are appropriate in this case. First, housing remains an allowed use in the entirety of the Downtown Plan. Thus, housing isn’t precluded or prohibited in any way by the proposed amendment, but rather it wouldn’t be required in certain locations in the same ways as it currently is. Because of this, and because of the complex nature of the current LCP’s housing requirements, it is difficult to conclude what, exactly, is the actual amount of housing that wouldn’t be built under this amendment. This is also true because, as described earlier, much of the downtown area is already committed primarily to housing projects. With the exception of the proposed hotel at the corner of Front Street and 16 The other criteria that must be met to qualify for additional height, which remain largely unchanged, include: helping to achieve the First Principles of the Downtown Plan (e.g. form, housing, accessibility, and open space); contributing to an improved social and economic environment; promoting the appearance of a grouping of buildings rather than large, monolithic building masses; contributing physically or financially to the implementation of internal pedestrian connections; helping to achieve one or more key community objectives (i.e., affordable housing, public access easements, publicly accessible open space, etc.); and providing an affordable housing public benefit fee for non-residential projects.

24.23 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

Laurel Street, essentially the remaining portion of the Downtown Plan area within the coastal zone is already committed to some form of residential mixed-use project.

Looking at the amendment in that way, it’s fair to consider any potential housing impacts to be limited in scope.

Second, the proposed amendment would impose a $5 per square-foot of gross floor area occurring above the base maximum height (i.e., 55 feet in Height Zone A and 50 feet in Height Zone B) fee for non-residential square footage in such areas. This fee will be paid into the City’s affordable housing trust fund. Thus, the amendment essentially trades the requirement that extra height be reserved for some amount of housing purposes with a fee targeted for affordable housing.

Lastly, and perhaps most importantly for this case, the City is taking its housing obligations very seriously. Quite simply, the City of Santa Cruz is building housing, including 1,352 housing units under construction or in the permitting stage in just the downtown area alone, and the proposed changes will not affect the ability of these residential projects and others forthcoming to be permitted. Moreover, future planning exercises are afoot to provide for more housing in both the downtown area and elsewhere in the city, including as part of its State-mandated Regional Housing Needs Allocation (RHNA) targets17 for the 2024-2031 Housing Element Cycle, as well as the Downtown Expansion Plan.
18 The City has frequently prioritized housing both inside and outside the coastal zone, and the proposed amendment should not be understood as hampering the City’s ability to meet its housing obligations.

Thus, the proposed changes appropriately implement the LUP as it applies to the Downtown Plan area and should not result in significant coastal resource impacts (and should result in increased public benefits in terms of activation, revitalization, and visitor-serving amenities). The Commission thus finds the proposed amendment 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 17 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. 18 The Downtown Expansion Plan is currently undergoing environmental review. If approved, it would expand the applicability of the Downtown Plan to provide for the redevelopment of the area south of Laurel Street, including up to 1600 housing units with the intention of providing 20% of the housing units as permanently below-market-rate affordable housing units per the latest direction from City Council. See (https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/long-range-policy-planning/ordinance-policy-updates/downtown-plan-expansion) for more information on the proposed Downtown Expansion Plan.

24.24 LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

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 found that, under CEQA Guideline Sections 15162 and 15164, the proposed LCP amendment is not subject to CEQA review because an addendum was prepared which evaluated the proposed project under the 2017 Downtown Plan EIR. The City concluded that the regulatory changes associated with the proposed project and its environmental effects do not meet the conditions to require preparation of a supplemental environmental document, pursuant to CEQA Section 15162. This report has discussed the relevant coastal resource issues with the proposed amendment. 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 conforms with CEQA.

24.25 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
January 16, 2024
Sent Electronically
Ryan Bane
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-23-0045-2-Part A (Downtown Plan Update) Dear Mr. Bane:

At its meeting on December 15, 2023, the Coastal Commission took action on City of Santa Cruz LCP Amendment No. LCP-3-STC-23-0045-2-Part A (Downtown Plan Update). The Commission approved the proposed amendments to the Implementation Plan, if modified as suggested. A copy of the adopted findings and suggested modifications will be sent over next week.

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-23-0045-2-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 June 15, 2024.

24.26 Ryan Bane, City of Santa Cruz
LCP-3-STC-23-0045-2-Part A (Downtown Plan Update)

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. We appreciate the City’s close coordination throughout this LCP amendment process.

Sincerely,
Rainey Graeven for
Kiana Ford
Coastal Planner
Central Coast District Office

24.27 From: Garrett
To: City Council
Subject: 1.24.24 Agenda Item # 24 Misdirected extortion "Affordable Housing" fees Date: Monday, January 22, 2024 9:04:17 AM

1.24.24 Agenda Item # 24 Misdirected extortion "Affordable Housing" fees Dear Council,
Of course your version of affordable housing is effectively socialism. That is, in excess of odious rent control even, your intent is to dictate prices of residential rental property and limit the free market in housing. Socialism has always resulted in defective economics and does not produce wealth or reduce poverty as well as capitalism and free markets. In this, your understanding is nil.

Additionally, commercial real estate has ZERO to do with residential housing. You might as well attach a fee to do ANYTHING, and deposit it into the so-called "Affordable Housing Fund".

That it will find limited revenue as extra tall commercial buildings are currently scarce apparently doesn't mean you won't turn over every rock to extract money from the free market in housing, and also increase costs of whatever commercial venture seeks a building over some height (thus raising their prices passed on to everyone, yes, a very selective socialism again).

One has only to test ideas by scale (suppose every building was subject to these fees and what effect that would have) instead of "OH, well, only a few will have to pay this" type false justifications.

I can't believe you didn't find some leftist city to quote "Well, (leftist cesspool) Oakland does this" in the usual false justification for anything even unrelated to housing fee extortion.

Of course you don't really say what the money will be used for, exactly how, and you don't care, it's money, money, money for the city to play with extracted by coercion from the private sector when your real purpose is to provide the services everyone can access, not a select few deserving of this housing "charity" (charity is instead voluntary) or not. Do you think you are HUD?
Garrett Philipp

24.28 City Council

AGENDA REPORT
DATE: 01/04/2024
AGENDA OF: 01/23/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
RECOMMENDATION: Motion to:
1) Adopt an urgency ordinance to extend the term of the previously-adopted urgency ordinance for a term of twelve months in accordance with the allowances in State Law, and 2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.

BACKGROUND: During a regularly scheduled meeting of the Santa Cruz City Council held on December 13, 2022, the attached urgency ordinance regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) was adopted by the City Council for an initial term of 45 days. Two new State laws relating to the review and permitting of ADUs, AB 2221 and SB 897, each contained a clause requiring that local governments comply with their provisions no later than January 1, 2023, or else the local ADU ordinance would become null and void in favor of the State law. For this reason, an urgency ordinance was adopted before that date as a regular ordinance is forthcoming. On January 24, 2023, the City Council adopted an extension of the initial Urgency Ordinance for a term of 12 months. One additional extension of the urgency ordinance is allowed.

The 2023 California legislation in Senate Bill (SB) 976 requires further amendments to the City’s ADU regulations as they relate to owner occupancy requirements, and the City has the option of pursuing additional amendments authorized by Assembly Bill (AB) 1033 to permit condominium mapping for properties with ADUs. Formal ADU amendments will be proposed this year to repeal the urgency ordinance and consider other changes to ADU requirements. More information on these 2023 bills is contained in the legislative update staff report on this same, January 23, 2024 Council agenda.

DISCUSSION: As explained in the attached materials from the previous hearing, City staff recommended that the City Council adopt the urgency ordinance pursuant to Government Code section 65858 (requiring at least a 4/5 vote) to maintain the City’s codes and requirements for ADUs. Staff further recommends that the urgency ordinance remain in effect until the regular ordinance can be adopted and take effect. The urgency ordinance has been in effect since it was

25.1 adopted on December 13, 2022, and can be extended for up to another ten months and fifteen days by the City Council. Staff believes that an extension of ten months and fifteen days will provide ample time to complete the community engagement, drafting of a regular ordinance incorporating the required State Laws passed in both 2022 (reflected in the current urgency ordinance) and in 2023, and a public hearing before the Planning Commission in advance of returning to City Council for final adoption of the proposed ADU code amendments in the form of a regular ordinance and repeal of the urgency ordinance. At the time, the City Council approves the regular ordinance, the urgency ordinance will be rescinded.

Next Steps: Staff currently anticipates returning to the Planning Commission and City Council with formal ordinance amendments in the summer or fall of 2024. In additional to repealing the urgency ordinance, other ADU items include removing ADU owner occupancy requirements in existing ADUs (extending SB 976’s indefinite prohibition on ADU owner-occupancy requirements for ADUs constructed after January 1, 2020 to also apply to ADUs constructed before 2020) and could include:
• Implementing AB 587, from 2019, (which would allow ADUs and associated singlefamily detached residences to be developed by a non-profit housing developer and sold separately as part of a tenants-in-common ownership structure); • Allowing for ADUs to be built as or converted to condominiums, pursuant to 2023’s AB 1033; and
• Addressing other topics or clarifications that have arisen during ADU project applications.

The urgency ordinance does not include sections of the Santa Cruz Municipal Code that are implementing regulations of the Local Coastal Program, so approval by the Coastal Commission is not necessary for the urgency ordinance or any subsequent regular ordinance.

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

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

FISCAL IMPACT: ADUs are treated as residential additions by the County Tax Assessor.

Therefore, only the value of the ADU is reassessed, not the value of the entire home. The proposed code modifications have the potential to increase the production of ADUs, which could increase property values and property taxes. Over time, housing generally has a net negative fiscal impact due to the cost of services provided to residents, though the net fiscal effects of new ADUs would vary over both the short- and long-term.

Prepared By:

Sarah Neuse - Senior Planner
Matt VanHua - AICP
Principal Planner
Submitted By:

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

Matt Huffaker
City Manager

25.2 ATTACHMENTS:

1. URGENCY ORDINANCE EXTENSION.DOCX

2. CITY COUNCIL AGENDA MATERIALS OF JANUARY 24, 2023.PDF

25.3 ORDINANCE NO.

EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE

RELATED TO ACCESSORY DWELLING UNITS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Purpose
A. Pursuant to Government Code Section 65858, on December 13, 2022, the City Council passed ordinance 2022-22 by unanimous vote as an urgency measure, an interim ordinance to protect the public safety, health and welfare for an initial term of no more than forty-five days;
B. Because the December 13, 2022 urgency ordinance hearing was noticed pursuant to Government Code Section 65090, Government Code Section 65858 grants the City Council the power to extend said ordinance by up to twenty-two months and fifteen days beyond the initial forty-five day term of the urgency ordinance; Section 2. Effective Date and Expiration Date.

This urgency ordinance took effect on December 13, 2022, and shall remain in effect until December 12, 2024, unless rescinded before that date.

PASSED FOR ADOPTION as an urgency ordinance this 23rd day of January, 2024, 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-
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

25.4 City Council

AGENDA REPORT
DATE: 01/11/2023
AGENDA OF: 01/24/2023
DEPARTMENT: Planning & Community Development
SUBJECT: Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
RECOMMENDATION: Motion to:
1) Adopt an urgency ordinance to extend the term of the previously-adopted urgency ordinance for a term of twelve months in accordance with the allowances in State Law; and 2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.

BACKGROUND: During a regularly scheduled meeting of the Santa Cruz City Council held on December 13, 2022, the attached urgency ordinance regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) was adopted by the City Council for an initial term of 45 days. Two new State laws relating to the review and permitting of ADUs, AB 2221 and SB 897, each contained a clause requiring that local governments comply with their provisions no later than January 1, 2023, or else the local ADU ordinance would become null and void in favor of the State law. For this reason, an urgency ordinance was adopted before that date as a regular ordinance is forthcoming.

DISCUSSION: As explained in the attached materials from the previous hearing, City staff recommended that the City Council adopt the urgency ordinance pursuant to Government Code section 65858 (requiring at least a 4/5 vote) in order to maintain the City’s codes and requirements for ADUs. Staff further recommends that the urgency ordinance remain in effect until the regular ordinance can be adopted and take effect. The urgency ordinance has been in effect since it was adopted on December 13, 2022, and can be extended for up to another twentytwo months and fifteen days by the City Council. Staff believes that an extension of twelve months will provide ample time to complete the community engagement, drafting of a regular ordinance incorporating the required State Laws, and a public hearing before the Planning Commission in advance of returning to City Council for final adoption of the proposed ADU code amendments. At the time the City Council approves the regular ordinance, the urgency ordinance will be rescinded.

Next Steps. Beginning within the next several weeks, staff will conduct community outreach related to these new state law changes as well as a few known outstanding items related to ADUs. These additional items could include:

25.5 2
- ADU owner occupancy requirements in existing ADUs,
- Further expansion of JADU development standard allowances, - Implementing AB 587 (which would allow ADUs and associated single-family detached residences to be developed by a non-profit housing developer and sold separately as part of a tenants-in-common ownership structure), and
- Addressing other topics or clarifications that have arisen during recent ADU project applications.

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

The urgency ordinance does not include sections of the Santa Cruz Municipal Code that are implementing regulations of the Local Coastal Program, so approval by the Coastal Commission is not necessary for the urgency ordinance or any subsequent regular ordinance.

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

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

FISCAL IMPACT. ADUs are treated as residential additions by the County Tax Assessor.

Therefore, only the value of the ADU is reassessed, not the value of the entire home. The proposed code modifications have the potential to increase the production of ADUs, which could increase property values and property taxes. Depending on the costs associated with providing services to new residents, the net fiscal effects of new ADUs would vary over both the shortand long-term.

Prepared by:

Sarah Neuse
Senior Planner
Matt VanHua, AICP
Principal Planner
Submitted by:

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

Matt Huffaker
City Manager
ATTACHMENTS:
1) City Council Agenda Materials of December 13, 2022

25.6 ORDINANCE NO.

EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE CITY OF SANTA CRUZ MUNICIPAL CODE

RELATED TO ACCESSORY DWELLING UNITS
BE IT ORDAINED by the City of Santa Cruz as follows:

Section 1. Purpose
A. Pursuant to Government Code Section 65858, on December 13, 2022, the City Council passed ordinance 2022-22 by unanimous vote as an urgency measure, an interim ordinance to protect the public safety, health and welfare for an initial term of no more than forty-five days;
B. Because the December 13, 2022 urgency ordinance hearing was noticed pursuant to Government Code Section 65090, Government Code Section 65858 grants the City Council the power to extend said ordinance by up to twenty-two months and fifteen days beyond the initial forty-five day term of the urgency ordinance; Section 2. Effective Date and Expiration Date.

This urgency ordinance took effect on December 13, 2022, and shall remain in effect until January 24, 2024, unless rescinded or further extended before that date.

PASSED FOR ADOPTION as an urgency ordinance this 24th day of January, 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-
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

25.7 City Council

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

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

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

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

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

25.8 2
1) ADU Development Standard Amendments
a) The allowed height of a New Construction, Detached ADU is clarified to allow heights of 16 to 22 feet based on the setback rather than by the number of stories, as discussed below in more detail.
b) The rear setback for ADUs above 16’ in height is reduced to 4’ (previously 10’). c) The setback for an attached ADU is reduced to 4’ (previously the same as the primary dwelling).
d) Requirements as part of allowing ADUs in front setbacks have been added. e) Existing design standards for ADUs have been made purely objective, or have been deleted where they could not be made fully objective.
f) Clarifications relating to requirements for fire sprinklers have been added – an ADU cannot trigger the requirement that the main dwelling include fire sprinklers. 2) Permit Processing Amendments
a) The City shall require a demolition permit for a detached garage that is being replaced with an ADU be reviewed concurrently with the application to build an ADU and the City shall issue both permits at the same time.
b) The City shall not require that notice be provided for the demolition of a detached garage to be repaced with an ADU unless the property is located within a historic district. c) The City’s code has been unclear as to when ADUs can be included in multi-family projects. That issue is clarified as part of the Objective Standards and Zoning Ordinance modifications that are being considered under the second reading at this same, December 13, 2022 hearing. Using those proposed changes as the base, language is added with these amendments that further clarifies that ADUs can be proposed and constructed at the same time as any new residential development and that ADUs proposed concurrently with other development would be approved as part of the larger project, not subject to the state-mandated processing timelines for ADUs but subject to the state-mandated timelines for the larger project.
d) The City cannot require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.
e) The City cannot deem the construction of an accessory dwelling unit as a Group R occupancy change under the local building code, except as specified under state law.

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

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

25.9 3
foot height allowance for ADUs meeting setback requirements and removing height standards based on stories (as the state has done).

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

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

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

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

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

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

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

25.10 4
- Addressing other topics that have come up in project applications or were otherwise not accounted for in the state legislation.

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

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

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

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

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

Prepared by:

Matt VanHua, AICP
Principal Planner
Submitted by:

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

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

25.11 ORDINANCE NO.

AN URGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER

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

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

Section 1. Findings.

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

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

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

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

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

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

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

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

24.16.130 PERMIT PROCEDURES.

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

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

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

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

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

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

6. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures unless they

25.13 present a threat to public health and safety and are affected by the construction of the accessory dwelling unit.

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

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

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

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

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

24.16.140 DEVELOPMENT STANDARDS.

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

1. Number of Accessory Dwelling Units per Parcel.
a. For parcels zoned for and including a proposed or existing single-family home: One accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For parcels developed with an existing multifamily structure(s): Two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five percent limit

25.14 results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. i. For the purposes of this section, multifamily structures are those that contain more than one dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

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

24.12.240(1)(w).

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

4. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:

25.15 a. One or more single-family dwellings exists on the lot or will be constructed in conjunction with the accessory dwelling unit;
b. The lot contains an existing multifamily structure, as defined in subsection (1)(b)(i), or a multifamily structure that will be constructed concurrently and in conjunction with the accessory dwelling unit.

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

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

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

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

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

25.16 of the property owner’s estate to apply to the city council for approval of a temporary change in use allowing both units to be rented for a period of no more than two years with a possible extension of one year by the planning director if circumstances warrant. Upon the expiration of the rental period, the property owner and/or the property owner’s immediate family member, as specified above, shall reoccupy the property, or the property owner shall cease renting one of the units, or shall demolish the accessory dwelling unit, or shall sell the property to a buyer who will reside on the property. A fee to cover the costs of processing such a request shall be in an amount established by resolution by the city council.
c. For purposes of this chapter, the property owner is the majority owner of the property as shown in the most recent Santa Cruz County assessor’s roll. d. If there is more than one property owner of record, the owner with the majority interest in the property shall be deemed the property owner for purposes of this chapter. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner if no other property owner owns a greater interest. (For example, if the property is owned by two people, each with a fifty percent interest, either of the two owners may be deemed the property owner for purposes of the owner occupancy requirement. If three people own the property, each with a thirty-three and one-third percent interest, any one of the three may be deemed the property owner for purposes of the owner occupancy requirement.)
e. Notwithstanding subsection (8)(a), the community development director, in consultation with the city manager and city attorney, shall be authorized to promulgate regulations intended to legalize accessory dwelling units which are nonconforming solely by virtue of the fact that the property owner has failed to comply with subsection (8)(b)’s owner occupancy requirement, including but not limited to regulations providing for the amortization of the nonconformity by specifying a period of time within which the absentee owner must either establish occupancy or discontinue the accessory dwelling unit use of the property, or alternatively sell the property, and regulations providing for the recordation of land use agreements specifying the terms of amortization. f. Accessory dwelling unit properties shall be used for long-term residential purposes, for rentals of terms longer than 30 days. Accessory dwelling unit properties may neither be used on a transient occupancy basis nor for short-term/vacation rental purposes. Within condominium or townhouse properties that contain an accessory dwelling unit associated with a specific individual unit and not the larger common condominium or townhouse complex, neither the accessory dwelling unit nor the associated condominium or townhouse unit shall be used as a short-term rental.

25.17 i. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as shortterm/vacation rental purposes, may continue the use. The owner must meet the owner occupancy requirement of this code.

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

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

11. Municipal Code Requirements. All accessory dwelling units shall meet the objective design standards set forth in this Code, including landscape and tree removal and/or replacement requirements, which may require discretionary review.

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

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

24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

1. Setbacks for New Construction Detached Accessory Dwelling Units. a. The side yard and rear yard setbacks for a new construction detached single-story accessory dwelling unit shall not be less than three feet and the distance between buildings on the same lot must be a minimum of six feet.
b. Any portion of a new construction accessory dwelling unit that is over sixteen feet in height shall provide side setbacks of at least four feet and rear setbacks of at least four feet. c. If any portion of a new construction accessory dwelling unit is located in front of the principal structure, then the front yard setbacks shall be the same as those required for single-family homes in the zoning district. A smaller front setback shall be granted only if

25.18 needed to accommodate an accessory dwelling unit of up to 800 square feet. In this case, the front setback and the clear corner triangle area (as defined in Section 24.22.202) shall be maximized while maintaining required separation between structures.

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

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

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

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

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

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

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

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

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

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

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

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

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

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

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

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

Section 6. Effective Date and Expiration Date.

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

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

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor

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

25.22 ORDINANCE NO.

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

CITY OF SANTA CRUZ MUNICIPAL CODE RELATED TO ACCESSORY DWELLING

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

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

24.16.130 PERMIT PROCEDURES.

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

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

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

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

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

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

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

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

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

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

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

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

25.24 24.16.140 DEVELOPMENT STANDARDS.

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

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

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

24.12.240(1)(w).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25.28 24.16.141 NEW CONSTRUCTION ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS.

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

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

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

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

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

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

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

For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted as lot coverage. Lot coverage requirements must permit an accessory dwelling unit up to 800 square feet.

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

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

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

24.16.170 JUNIOR ACCESSORY DWELLING UNITS.

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

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

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

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

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

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

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

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

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

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

Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 4.

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

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

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

SEC. 5.

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

SEC. 6.

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

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

25.53 City Council

AGENDA REPORT
DATE: 12/21/2023
AGENDA OF: 01/23/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Tree Appeal 339 Walnut Avenue (PR)
RECOMMENDATION: Resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.

BACKGROUND: On March 14, 2023, Santa Cruz Property Management submitted tree permit application TR23-0089 requesting the removal of one heritage-size coast redwood tree located at 339 Walnut Ave. The reasons stated on the request for tree removal were “Redwood tree is causing sidewalk to uplift and very close to proximity to building” (Tree Permit Application TR23-0089 and Pictures).

The City’s Urban Forester evaluated the tree on April 26, 2023 (Heritage Tree Evaluation TR23- 0089) and posted a tentative permit for tree removal (Notice of Action TR 23-0089) on May 10, 2023.

On May 19, 2023, Keelan Franzen filed an appeal of the staff decision stating “Sidewalk can be replaced, tree cannot. Twin trunks have massive 28-foot circumference at chest height. 10 feet in diameter. Roots make up an integral portion of ground mass & slope stabilizing. Violation of codes 9.56.050(d) 9.56.060(e) the city has not made a good faith attempt to alter the projects design to accommodate the heritage tree.” (Appeal Form C TR23-0089).

The Parks and Recreation Commission held a public hearing to consider the appeal at its regular meeting on August 14, 2023 (Meeting Summary, Parks and Recreation Commission, August 14, 2023). By a vote of three to two, with two commissioners absent, the Commission upheld the Parks and Recreation Department staff decision to approve permit TR23-0089 for removal of the heritage tree.

On August 23, 2023, Keelan Franzen appealed the Parks and Recreation Commission’s decision to the City Council (Tree Appeal 339 Walnut Ave - Franzen). The appeal states, “We believe that the city and/or the rental property owners have not made a good faith attempt to alter the proposed plan to accommodate the heritage tree. There should be no basis for granting a heritage tree removal permit without further considering alternative solutions.”

26.1 On September 26, 2023, The City Council considered the appeal and made a motion to continue the item in approximately three months after more information has been gathered on the redwood tree and sidewalk area repair costs.

DISCUSSION: City Council Resolution No. NS-23,710 sets the criteria and standards under which a heritage tree or shrub may be altered or removed. It requires that one or more of the following findings be established by the applicant and confirmed by the Director of Parks and Recreation for the removal of a heritage tree or heritage shrub:
(1) The heritage tree or heritage shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way; (2) The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal; or
(3) A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.

Staff’s determination is that findings have been established by the applicant that the coast redwood tree at 339 Walnut Avenue meets criterion one (1): that the heritage tree has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way. The tree is approximately 120 feet tall with two large individual trunks. The tree is codominant by definition as the two trunks share a common root system. The trunk of the tree is less than a foot from the building foundation. The root system of the tree is in contact with the building foundation and has caused property damage to the structural integrity of the building.

Cracks can be seen in the apartment building foundation on the Lincoln Street frontage and the brick masonry veneer is also damaged adjacent to the tree. The tree is damaging the structural integrity of the building therefor qualifying for a permit to remove per the City Council adopted resolution. There is no way to mitigate this property damage.

In addition to the Urban Forester’s Certified Arborist opinion supporting tree removal, an independent Consulting Arborist Don Cox (Arborist Report 5-30-23 - Donald Cox ISA Certified Arborist) concludes: “Removal is determined as unavoidable due to proximity to the structures.

The tree is an obstacle for essential repairs. No reasonable means of mitigation is available that would preserve the tree.”
On December 9, 2023, an additional arborist report focusing on a tree root crown inspection was submitted to the city (Arborist Report 12-9-23 - Donald Cox ISA Certified Arborist). The Consulting Arborist used an air spade tool and probe to identify and locate tree roots to defend that damage to the structure is caused from the tree. He confirmed roots from the redwood tree are in contact with and growing against the building foundation causing cracks and damage to the structural integrity of the building. The arborist field report notes that “There is definite contact with the wall of the building by the expanding root crown of the tree, as further evidenced by the appearance of a bowed inward curvature of the brick siding at the points of contact.” It is clear from this additional Arborist review that the redwood tree’s root system is the cause of the damage to the building.

A structural assessment prepared for Santa Cruz Property Management by Professional Engineer Jodi Collins Henry (Structural Assessment 7-17-23, Jodi Collins PE) states that the tree “has already caused minor structural damage to the foundation and framing of the apartment building.” It further states, “If the redwood remains, it will continue to grow and cause

26.2 substantial structural damage to the building which will threaten the structural integrity of the building.”
Upon Council’s request for further information, on December 13, 2023, Jodi Collins reviewed the building for a second time after the arborist root inspection was performed. Her assignment was to determine if there are any other foundation design types that could allow for the tree to remain adjacent to the building given the existing conditions. The engineer also evaluated how much of the building would need to be modified if the tree were to remain in place (Structural Assessment 12-13-23, Jodi Collins PE). On the first point Collins concludes that “replacing the foundation. . . while maintaining the same building footprint is not possible since the tree roots are in contact with the brick veneer attached to the wall and floor framing.” On the second she determined that to get the building at least 10 feet away from the tree approximately a 24 ft. by 12 ft. section, eliminating two apartments, would need to be removed from the building.

On December 11, 2023, Santa Cruz Property Management submitted information from Tino’s Plumbing stating that there is root intrusion in the main sewer line (Plumbing Repair Estimate 12-11-23, Tino’s Plumbing) providing further documentation to support the finding of damage to utilities from the redwood tree, criterion one (1).

Staff approved tree removal primarily due to the damage to the structural integrity of the building that cannot be mitigated from root pruning. A secondary concern is the damaged public sidewalk adjacent to the redwood tree. The owner is responsible for repairs and is also liable under Chapter 15.20 and 13.30 for this damage and repair per the Municipal Code. The public sidewalk has been cracked and lifted by the tree’s roots, creating a public access concern.

Additionally, a fire hydrant next to the tree could be compromised in the future.

At the request of Council, Public Works staff has explored options for sidewalk repair and alteration. Staff prepared a plan sheet (Public Works Sidewalk Design- Exhibit A) to create additional planter area for the tree by moving the sidewalk into the parking area, which requires reconstruction of the adjacent sidewalk and curb ramps to current accessibility standards. The estimated cost for this design would be $127,940.02 (Public Works Sidewalk repair estimate).

Although this sidewalk repair plan is possible, it is costly and may also not be a permanent solution. In May of 2011 the sidewalk was repaired at the expense of the owner and by 2017 the tree had again caused damage to the repair. In 2022 the sidewalk was severely impacted from the tree and since that time the sidewalk lifts have become significantly worse. Given the location and growth rate of the tree, the adjacent sidewalk is likely to require periodic replacement at the owner’s expense if the tree is to remain. Additionally, this repair option does not address the tree root damage to the building which was the basis of staff’s approval of the application for tree removal. The property owner has also submitted a repair cost for the sidewalk without the tree (Watsonville Grading & Excavation sidewalk repair estimate 3-7-23) which totals $8,900.00.

At the September 26, 2023, Council meeting concerns were raised over whether removal of the tree could lead to destabilization of the slope and the adjacent sidewalk and roadway. Public Works engineers who worked on the sidewalk alteration plan did not consider this to be a significant issue. Additionally, stump grinding is typically relatively shallow and limited to the trunk and immediate buttress roots and is not deep enough to lead to stability concerns.

26.3 While root pruning and moving the sidewalk could be a viable medium-term option to mitigate sidewalk damage, root pruning to lessen impact to the building foundation is not possible without destabilizing the tree and damaging the tree’s health. The International Society of Arboriculture’s formula for root pruning is at a minimum of three times the diameter of the tree’s trunk, because pruning more closely can reduce tree stability. The Society’s Best Management Practices—Root Management notes that “severe loss of stability is common when cuts are made at a distance that is less than 1 to 1.5 times the trunk diameter.” The tree is too close to the foundation to perform this root pruning work to industry standard or to protect the building foundation. There is no reasonable mitigation option to save the tree or prevent ongoing damage to the structural integrity of the building. The redwood tree is still relatively young and of relatively small diameter compared to mature redwoods in their native habitat.

Staff and the Parks & Recreation Commission have determined that this application meets criterion one (1) required for tree removal approval as specified by City Council Resolution No.

NS-23,710. The coast redwood tree at 339 Walnut Avenue currently has an adverse effect upon the structural integrity of the adjacent building, the sewer main for the building, and the public sidewalk. As the tree continues to grow it is likely to have a greater adverse effect upon the structural integrity of the building, and lead to repeated damage to the sidewalk, even if modified. Root pruning could theoretically occur for sidewalk repair but is not an option to prevent ongoing damage to the building. Root pruning for the building would both harm and destabilize the tree and only postpone the need for tree removal.

FISCAL IMPACT: None.

Prepared By:

Leslie Keedy
Urban Forester
Travis Beck
Superintendent of Parks
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. TREE PERMIT APPLICATION TR23-0089 AND PICTURES.PDF

3. HERITAGE TREE EVALUATION TR23-0089.PDF

4. NOTICE OF ACTION TR23-0089.PDF

5. APPEAL FROM C TR23-0089.PDF

6. MEETING SUMMARY PARKS AND RECREATION COMMISSION AUGUST 14 2023.PDF

7. TREE APPEAL - 339 WALNUT AVE - FRANZEN.PDF

8. CITY COUNCIL RESOLUTION NO. NS-23,710.PDF

9. STRUCTURAL ASSESSMENT 7-17-23 - JODI COLLINS PE.PDF

10. ARBORIST REPORT 5-30-23 - DONALD COX ISA CERTIFIED ARBORIST.PDF

11. SECOND ARBORIST REPORT 12-9-23 - DONALD COX ISA CERTIFIED ARBORIST.PDF

12. SECOND STRUCTURAL ASSESSMENT 12-13-23 - JODI COLLINS PE.PDF

13. PLUMBING REPAIR ESTIMATE 12-11-23 TITO'S PLUMBING.PDF

14. PUBLIC WORKS SIDEWALK DESIGN - EXHIBIT A.PDF

15. PUBLIC WORKS SIDEWALK REPAIR ESTIMATE.PDF

16. WATSONVILLE GRADING AND EXCAVATION SIDEWALK REPAIR 3-7-23.PDF

26.4 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DENYING THE

APPEAL AND UPHOLDING THE PARKS AND RECREATION COMMISSION'S

DECISION TO APPROVE AN APPLICATION TO REMOVE ONE COAST REDWOOD TREE LOCATED AT 339 WALNUT AVENUE, SANTA CRUZ, CALIFORNIA WHEREAS, Santa Cruz Property Management property has filed an application for a tree removal permit to remove one coast redwood tree located at 399 Walnut Avenue, Santa Cruz; and
WHEREAS, the application was approved and Keelan Franzen appealed the staff decision to approve the application and filed an appeal with the staff to the Parks and Recreation Commission; and
WHEREAS, Parks and Recreation Commission upon consideration of the request and written reports on the subject coast redwood tree upheld staff’s decision, approving the removal of the trees; and
WHEREAS, a letter of appeal from Keelan Franzen was submitted to the City Clerk following the Parks and Recreation Commission's decision on August 23, 2023, to approve the request for the removal of one coast redwood tree; and WHEREAS, the City Council of the City of Santa Cruz held a public hearing on the matter on September 26, 2023 and January 9, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the Parks and Recreation Commission’s decision is upheld and authorization for the removal of one coast redwood tree located at 339 Walnut Avenue is hereby granted.

PASSED AND ADOPTED this 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Fred Keeley, Mayor
DISQUALIFIED:

ATTEST:

Bonnie Bush, City Clerk Administrator

26.5 26.6

26.7 26.8

26.9 26.10

26.11 26.12

26.13 26.14

26.15 26.16

26.17 26.18

26.19 26.20

26.21 26.22

26.23 26.24

26.25 26.26

26.27 CITY OF SANTA CRUZ
Parks & Recreation Department
323 Church Street
Santa Cruz, California 95060

PARKS & RECREATION COMMISSION
Regular Meeting Summary
August 14, 2023
4:00 PM GENERAL BUSINESS AND MATTERS OF PUBLIC INTEREST, COUNCIL CHAMBERS (809 CENTER ST)
Parks & Recreation Commission
Call to Order 4:08 PM
Roll Call - Commissioners: Bradley Angell, Jane Mio, Jacob Pollock, Vice Chair Hollie Locatelli and Chair Kristina Glavis.

Absent: Leonardo Cruz and Nik Strong-Cvetich
Staff: Tony Elliot (Director), Travis Beck (Superintendent of Parks), Lindsay Bass (Principal Management Analyst), Leslie Keedy (Urban Forester), and Tremain HeddenJones (Recreation Superintendent).

Presentations
1 2023 Outcomes of the City of Santa Cruz Summer Youth Trail Crew program Presentation by Emma Ussat, Senior Community Engagement Manager for Santa Cruz Mountains Trail Stewardship, on the 2023 outcomes of the City of Santa Cruz Summer Youth Trail Crew program.

Statements of Disqualification – None.

Oral Communications – None.

Announcements

26.28 2 Commission and Department Updates.

1. Presiding Officer – None.

2. Commissioners – None.

3. Department Staff (written submission)

4. Director of Parks & Recreation
Director Elliot provided updates on West Cliff, the San Lorenzo River Levee FEMA certification process, the Wharf Master Plan EIR, Local Hazards Mitigation – Survey, Special Events street closure notification efforts and Harvey West Pool.

Approval of Minutes
3 Approval of Minutes for the June 12, 2023 meeting of the Parks & Recreation Commission.

Motion carried to approve the meeting minutes from the meeting of the Parks & Recreation Commission on June 12, 2023, as submitted.

Consent Agenda
4 Water Street Bridge Historical Marker
Commissioner Mio pulled Item 4 for discussion.

Motion carried to approve the Water Street Bridge Ad Hoc Committee recommended secondary location (near the County Courthouse) for the historical marker and that temporary signage be installed while the San Lorenzo Park Redesign process is completed.

Public Hearings
5 Tree Appeal – 339 Walnut Ave. (Tree Removal Permit #23-0089) Motion carried to uphold the Parks and Recreation Department staff decision to approve request for a Heritage Tree Removal Permit (Application #23- 0089) to remove one Coast Redwood tree located at 339 Walnut Ave.

General Business – None.

Adjournment –5:58PM

26.29 26.30

26.31 26.32

26.33 26.34

26.35 26.36
Structural Assessment of Existing Apartment
Building Affected by Redwood Tree
Lynwall Apartments, 339 Walnut Avenue, Santa Cruz