Firearms Instructor training course cost ($3,765.00). Training personnel cost (approximately $20,830.52) Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.57 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
OVERVIEW
California State Assembly Bill (AB) 481, effective January 1, 2022, establishes requirements for the funding, acquisition, and use of items deemed “military equipment” (Gov’t Code § 7070(c)) in law enforcement and state agencies. The bill’s intent installs enforceable safeguards, including transparency, accountability, and oversight to protect the public’s welfare, safety, civil rights, and civil liberties. AB 481 requires law enforcement agencies to obtain approval from their governing body via ordinance adopting a military equipment use policy prior to purchasing, raising funds for, or acquiring military equipment. Gov’t Code § 7071(a)(1).
On May 10, 2022, the City of Santa Cruz City Council adopted Santa Cruz Municipal Code Chapter 9.90, approving the military equipment use policy set forth in Santa Cruz Police Department Policy 705. Pursuant to AB 481, the Santa Cruz Police Department (“Department”) will publish an annual report for each type of military equipment approved by the Santa Cruz City Council within one year of approval and annually thereafter for as long as the military equipment is available for use. Gov’t Code § 7072(a). The annual military equipment report must include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing the annual military equipment report, the Department will hold a well-publicized and conveniently located community engagement meeting. Gov’t Code § 7072(b). The community engagement meeting will allow the public to discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
This Annual Report provides available data for each type of military equipment approved by the Santa Cruz City Council for the 2023 calendar year (January 1, 2023 – December 31, 2023).
25.58 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
CATEGORY 1 - Robot
Inventory
Recon Robotics “Throw bot”; Quantity: 1
Recon Robotics “Throw bot II”; Quantity 1
Robotex AVITAR II; Quantity: 0 (the Department has access to two AVITAR II robots maintained by the Santa Cruz Sheriff’s Office) Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit 1 2/1/2023 Training N/A Throw bot used during Emergency Services Unit training
N/A N/A
2 5/24/2023 Training N/A Throw bot used during Emergency Services Unit training.
N/A N/A
Intended Acquisition in 2024
The Santa Cruz City Council approved the Department’s request to acquire a new Throw bot on April 11, 2023 (“Throw bot II”).
Total Annual Cost
Acquisition of Throw bot II ($16,270.00). The Department was reimbursed the total cost of the Throw Bot II through a State Homeland Security Grant.
In November 2023, the Throw bot II experienced a malfunction requiring factory repair. The work was done under warranty at no cost to the Department.
Training personnel costs (approximately $4,640.58).
No annual cost to the Department for the Robotex AVITAR II.
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
25.59 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
CATEGORY 1 - Unmanned Aerial Vehicle
Inventory
Unmanned Aerial Vehicles (UAVs); Quantity: 0 (the Department does not currently possess any UAVs but has access to UAVs maintained by the Santa Cruz County Sheriff’s Office)
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit 1 2/3/2023
Officer
Involved
Shooting
No
SCSO UAV Was used to assist in clearing the
suspect vehicle N/A N/A
2 2/10/2023 Search for a
suspect No
SCSO UAV was used to assist in the search for
a suspect who fled from a vehicle after a
pursuit. A firearm was located; the suspect was
not.
N/A N/A
3 10/23/2023 Search for a
Suspect No
SCSO UAV was used to search for a subject
wanted for a felony crime. The subject was not
located.
N/A N/A
Intended Acquisition in 2024
The Santa Cruz City Council approved the Department’s request to acquire five (5) UAVs on February 13, 2024. First year costs ($114,844) will be appropriated from the Police Department Asset Seizure 214 Fund. The Department will take delivery of the equipment in 2024.
Total Annual Cost
No annual cost to the Department.
25.60 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
CATEGORY 2&3 - Armored Personnel Carrier
Inventory
Lenco Armored Rescue Vehicle (ARV); Quantity: 1
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary Complaint Summary Audit 1 2/4/2023 SCPD OIS N/A
Arrived at the scene of an officer-involved shooting. Used the ARV to provide cover from the suspect vehicle for the officers on scene.
Drove up to the suspect vehicle to visually clear the vehicle. The vehicle was required to remain at the scene as part of the crime scene.
N/A N/A
2 4/27/2023 Assist SCSO Yes
Responded to a SCSO official request for a shooting, and the suspect was still at large. The victim had been shot multiple times.
SCPD arrived on scene as the SCSO was taking the suspect into custody after peacefully surrendering. SCPD remained on scene until the SCSO cleared the property to ensure there were no outstanding suspects or victims.
N/A N/A
3 6/6/2023 Training N/A ARV was taken to an Off-Road Emergency Vehicle Operations Course N/A N/A
4 7/13/2023 Presentation Yes ARV was requested to be used in an educational presentation for the Watsonville Police Department Teen Academy N/A N/A
25.61 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
5 4/28/2023 Refueling N/A Refueling the ARV. N/A N/A
6 8/8/2023 Assist WPD Yes
The ARV provided ballistic armor protection for the Watsonville Police Tactical Team and Crisis Negotiators. The vehicle was parked approximately 15 yards from a vehicle occupied by a person wanted for murder. The suspect was reported to be armed with an AR-style rifle. The suspect initially reported being armed with a rifle and a “bomb.”
N/A N/A
7 8/13/2023 Refueling N/A Refueling the ARV N/A N/A
8 8/24/2023 Assist WPD Yes
The ARV was used during the execution of a search and arrest warrant. The subject listed on the warrant was involved in multiple shootings and was believed to be in possession of a firearm(s). The ARV was used to transport Watsonville Police Tactical operators and Hostage Negotiators and provide safe operating space while on scene.
N/A N/A
9 11/7/2023 Assist WPD Yes
The ARV was used during the execution of a search and arrest warrant. The subject listed on the warrant was suspected of being involved in a recent shooting and was believed to be in possession of a firearm(s). The subject had a previous arrest and warrant service, during which over 30 firearms and explosive components were recovered. The ARV was used to transport Watsonville Police Tactical operators and provide safe operating space while on scene.
N/A N/A
25.62 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
10 11/21/2023 Maintenance N/A ARV was driven to ensure proper operation of the engine N/A N/A 11 12/7/2023 Assist WPD Yes
The ARV was used during the execution of a search warrant. The subject listed on the warrant was believed to be in possession of a firearm(s). The subject had recently driven his vehicle in a public place with an assault rifle resting on his lap. The ARV was used to transport members of S.C.C.A.C.T. and S.C.A.R.E. to the subject’s residence and provide safe operating space while on scene.
N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional armored personnel carriers in 2024.
Total Annual Cost
Refuel costs ($399.66).
Off-road Emergency Vehicle Training Course cost ($1,560.00). Training personnel costs (approximately $2,083.05).
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
25.63
CATEGORY 5 - Transport Vehicles
Inventory1
2008 Ford F350 Transport Vehicle; Quantity: 1
Use Reporting
Use
Number
Date Incident
Type
Agency
Assist?
Use Summary Complaint
Summary
Audit
N/A N/A N/A N/A
This vehicle is used as a transport vehicle for all manner of Department activities. It transports personnel and
equipment for training and law enforcement operations.
N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional transport vehicles in 2024.
Total Annual Cost
Parts and labor costs ($1,301.05); Fuel costs ($733.23).
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 1 Use of this vehicle is not tracked or categorized every time it is used.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.64
CATEGORY 5 - Command & Control Vehicles
Inventory
2018 Chevy Tahoe Patrol Vehicle; Quantity: 1 2018 Dodge Charger; Quantity 1 2022 Ford Explorer; Quantity 2 2019 Chevy Tahoe Patrol Vehicle; Quantity: 2 2021 Ford Explorer; Quantity 1 Use Reporting
Use
Number
Date Incident
Type
Agency
Assist?
Use Summary Complaint
Summary
Audit
N/A N/A N/A N/A
These vehicles are patrol vehicles assigned to the Sergeants and Lieutenants. In addition to their use during calls for service. They would operate as a command-and-control
vehicle if the situation required it.
N/A N/A
Intended Acquisition in 2024
Any acquisition of new command and control vehicles would be in compliance with already established city protocol.
Total Annual Cost
2018 Chevy Tahoe: Parts and labor costs ($11,921.71); Fuel costs ($1,834.05). 2019 Chevy Tahoe: Parts and labor costs ($1,785.23); Fuel costs ($4,123.62). 2019 Chevy Tahoe: Parts and labor costs ($2,107.70); Fuel costs ($5,394.61). 2021 Ford Explorer: Parts and labor costs ($764.47); Fuel costs ($405.22). 2022 Ford Explorer: Parts and labor costs ($853.80); Fuel costs ($2,223.53). 2022 Ford Explorer: Parts and labor costs ($1,140.55); Fuel costs ($1,068.73). 2018 Dodge Charger: Parts and labor costs ($2,564.39); Fuel costs ($681.63) Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.65
CATEGORY 8 - Firearms Greater than .50 Caliber
Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A N/A N/A N/A
The Breaching Shotguns have not been used in training
or law enforcement activity during the
reporting period. N/A N/A
N/A N/A N/A N/A
The Chemical Agent Launching Shotgun has not been
used in training or law enforcement activity during the reporting period.
N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional firearms greater than .50 caliber in 2024.
Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Inventory
Mossberg 590 12 Gauge Pump Action Shotguns; Quantity: 2 Remington 870 12 Gauge Pump Action Chemical Agent Launching Shotgun; Quantity 1 Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.66
CATEGORY 9 - Ammunition of .50 Caliber or Greater
Inventory2
12. Gauge launching Cartridges Defense Technologies Part Number 1210; Quantity: 55 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A N/A N/A N/A No breaching ammunition was used in training or law enforcement activity during the reporting period. N/A N/A N/A N/A N/A N/A No launching cartridges were used in training or law enforcement activity during the reporting period.
N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire ammunition of .50 caliber or greater.
Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 2 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.67
CATEGORY 10 - Specialized Firearms & Ammunition of less than .50 Caliber Inventory3
Defiance Bolt Action Precision Rifle; Quantity: 3
Accuracy International AT Series Bolt Action Rifle; Quantity: 1 Hornady .308 155 Grain ELD Match TAP Ammunition; Quantity: 400 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A 2023 N/A N/A No Precision Rifles were used in lethal force situations during the reporting period. N/A N/A
N/A 2023 Training No Precision rifles and ammunition were used in monthly department-mandated training. N/A N/A
1 2/2023 Training No POST Certified Precision Rifle Unit Overview Course N/A N/A 2 3/2023 Training No POST Certified Basic Precision Rifle and Marksmanship Course N/A N/A
3 9/2023 Training No POST Certified Urban Precision Rifle Course N/A N/A Intended Acquisition in 2024
The Department does not intend to acquire additional specialized firearms in 2024. 3 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.68
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.
Total Annual Cost
Hornady .308 155 Grain ELD Match TAP Ammunition purchased 8/30/23; Quantity 2,000: ($2,500).
Basic Precision Rifle and Marksmanship training course cost ($1,724). Training personnel costs (approximately $4,166.10).
Urban Precision Rifle training course cost ($1,098). Training personnel costs (approximately $3,124.58).
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.69
1026 Triple Chaser Separating Canister; Quantity: 19
56854 Aerosol OC Fogger; Quantity 7
2260 40mm OC Liquid Ferret Projectile; Quantity: 9
2262 40mm CS Liquid Ferret Projectile; Quantity: 64
Pepper Ball Guns; Quantity 4
Pepperballs; Quantity: 4 (containers of 375 pepper balls) (expired) CATEGORY 12 - Flashbang, Teargas & Pepper Balls
Inventory4
8902NR 12 Gram Low Roll NFDD; Quantity: 26
7007 4 Gram NFDD Training Reloads; Quantity: 8
1090 Stinger Grenades; Quantity: 10
1082 Riot Control CS Canister; Quantity: 13
1032 Tri-Chamber Flameless CS Canister; Quantity: 14
5230B Baffled Launchable CS canister; Quantity: 10
Use Reporting
Use
Number Date Incident Type Agency Assist? Use Summary ComplaintSummary Audit N/A 2023 N/A N/A No NFDD were used in law enforcement operations during the reporting period.
N/A N/A
1 4/26/23 Training N/A Emergency Services Unit training. NFDD and chemical agents were used during the training day.
N/A N/A
4 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.70
2 06/2023 Training N/A A Pepperball gun was used during an Instructor Certification course N/A N/A
3 8/24/23 Training N/A NFDDs were used during a POST Instructor certification course. N/A N/A
Intended Acquisition in 2024
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.
Total Annual Cost
NFDD POST Instructor course cost ($884.00). Training personnel cost (approximately $1,141.30).
Pepper Ball Instructor course cost ($549.00). Training personnel cost (approximately $1,041.53).
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.71
CATEGORY 13 - Long Range Acoustic Devise (LRAD)
Inventory
GENASYS Inc. LRAD-100X; Quantity: 1
Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
N/A N/A N/A N/A The LRAD was not used in training or
law enforcement activities during the reporting period.
N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional Long Range Acoustic Devices in 2024 Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.72
CATEGORY 14 - 40mm Projectile Launchers
Inventory
Defense Technologies DT1325 40mm-Single Barrel Launchers; Quantity: 14 Lewis Machine and Tool 1425 40mm-Single Barrel Launchers; Quantity: 15 Lewis Machine and Tool 1440 40mm-4-shot Multi-Launchers; Quantity: 2 Penn Arms PGL65-40 40mm- 6 shot Multi-Launcher; Quantity: 1 Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary ComplaintSummary Audit
1 1/29/23
Felon w/a
firearm N/A
A 40mm launcher was displayed but not used during the
arrest of a subject suspected of burglary and firearm
possession.
N/A N/A
2 2/17/23
Domestic
Violence
N/A A 40mm launcher was displayed but not used during the arrest of a subject wanted for felony domestic violence.
N/A N/A
3 4/18/23
Firearm
possession
on school
grounds
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject who was found in possession of a firearm on school grounds.
N/A N/A
4 5/6/23 Burglary N/A A 40mm launcher was displayed but not used during the arrest of a subject who was arrested for burglary. N/A N/A 5 5/10/23
Mental
Health
Detention
N/A A 40mm launcher was displayed but was not used during the detention of a subject pursuant to 5150 W&I.
N/A N/A
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.73
6 5/21/23
Subject in
possession
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was reported to be in possession of a firearm.
N/A N/A
7 5/24/23
Assault with
a deadly
weapon
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject reported to be pointing a firearm at other subjects.
N/A N/A
8 5/25/23
Subject in
possession of
a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was seen manipulating a firearm in front of the police department. Firearms determined to be BB guns.
N/A N/A
9 5/29/23
A Firearm
being fired
in public
N/A
A 40mm launcher was displayed but not used during the
detention of subjects who were shooting a firearm on the beach
N/A N/A
10 6/10/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
arrest of a subject who was reported to have pointed a
firearm at a passerby.
N/A N/A
11 7/12/23
Assisting
another
agency
N/A
A 40mm launcher was displayed but not used during the
detention of a subject wanted for robbery by the California State Parks Police.
N/A N/A
12 8/3/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject reported to be in possession of a firearm in public.
N/A N/A
13 8/22/23 Training N/A 40mm launchers were used during POST-certified Less Lethal Instructor training. N/A N/A
14 9/22/23 Stolen
vehicle
N/A A 40mm launcher was displayed but not used during the detention of subjects in a stolen vehicle. N/A N/A
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.74
15 9/27/23 Brandishing
of a firearm
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who was reported to have brandished a firearm.
N/A
Supervisor Use of
Force Investigation
completed, unrelated
to the display of the
40mm launcher.
16 10/3/23 Residential
Burglary
N/A A 40mm launcher was displayed but not used while clearing a residence that was burglarized. N/A N/A
17 10/3/23 Commercial
Burglary
N/A A 40mm launcher was displayed but not used while clearing a marijuana dispensary that was burglarized. N/A N/A
18 10/24/23
Assault with
a deadly
weapon
N/A
A 40mm launcher was displayed but not used during the
detention of a subject who had committed an assault with a knife.
N/A N/A
19 10/24/23 Vandalism N/A A 40mm launcher was displayed but not used during the arrest of a subject wanted for felony vandalism.
N/A
Supervisor Use of
Force investigation
was completed,
unrelated to the
display of the 40mm
launcher.
20 11/4/23 Brandishing
of a weapon
N/A
40mm launchers were used to fire eXact impact ammunition at a subject who was wanted for brandishing a knife at
multiple people.
N/A
Supervisors Use of
Force investigation
completed related to
the use of the 40mm
launchers. No policy
violation found.
21 12/12/23
Subjects in
possession
of firearms.
N/A
A 40mm launcher was displayed but was not used during the detention of several subjects. Subjects were in possession of airsoft guns that had been modified to appear real.
N/A N/A
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.75
22 12/19/23 Disturbance N/A
40mm launcher was displayed but not used during the arrest of a subject who had fled from officers during the
investigation of a disturbance.
N/A
Supervisors Use of
Force investigation
completed, unrelated
to the display of the
40mm Launcher.
23 12/20/23
Failure to
yield/
resisting
arrest
N/A
A 40mm launcher was displayed but not used during the
contact and arrest of a subject who had fled from officers in a vehicle.
N/A
Supervisors Use of
Force investigation
completed, unrelated
to the display of the
40mm Launcher.
24 12/30/23 Disturbance N/A
A 40mm launcher was used during an incident where a
suspect refused to comply with officers. The subject was struck with one 40mm eXact impact projectile. An officer was injured during the arrest of the subject.
N/A
Supervisors Use of
Force investigation
completed related to
the use of the 40mm
launcher. No policy
violation found.
25 2023 Training N/A 40mm launchers were used for training throughout the year. N/A N/A Intended Acquisition in 2024
The Department does not intend to acquire additional 40mm launchers in 2024.
The Department intends to send officers to an instructor certification course for 40mm launchers and associated ammunition.
Total Annual Cost
40mm instructor training course cost ($786.00). Training personnel costs (approximately $1,066.80).
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.76
CATEGORY 14 - 40mm Ammunition
Inventory5
eXact Impact 40mm; Quantity 106
Direct Impact 40mm OC; Quantity: 20
Direct Impact Marking; Quantity 34
Training Sponge Ammunition 24 Round Kit; Quantity: 5 complete, 2 partial.
Use Reporting
Use
Number Date IncidentType
Agency
Assist? Use Summary Complaint Summary Audit
N/A N/A N/A N/A 40mm ammunition used in training during the reporting period.
N/A N/A
N/A N/A N/A N/A
No Direct-Impact 40mm OC, Direct-Impact
Marking, or Training Sponge Ammunition were
used in law enforcement activities or training
during the reporting period.
N/A N/A
N/A N/A N/A N/A
See CATEGORY 14 - 40mm Projectile
Launchers Use Reporting Summary above for
summary of use of eXact Impact 40mm
ammunition.
N/A N/A
Intended Acquisition in 2024
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.
Total Annual Cost
Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget. 5 The inventory of consumable equipment such as ammunition, diversionary devices, chemical agents, etc. may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. Quantities provided represent quantity possessed by Department as of the time of issuing this Annual Report.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.77
CATEGORY 15 - Other Specified Items/Equipment
Inventory6
Colt LE6920 Carbines ; Quantity: 33
Colt Sporter Carbines ; Quantity: 2
LMT Defender 2000 Carbines; Quantity: 35
Hornady 5.56x45mm NATO, 75-grain BTHP TAP; Quantity: 3,490 .223/5.56x45 Training Ammunition7; Quantity: 28,500
Use Reporting8
Use
Number Date Incident Type
Agency
Assist? Use Summary Complaint Summary Audit
N/A N/A N/A N/A
No AR-15 patrol rifles were used in lethal force
situations during the reporting period. Available data
indicates a firearm was used or displayed in 32
incidents during the reporting period. 9 This does not
include an OIS that occurred on 2/4/2023, which only
involved handguns.
N/A N/A
N/A N/A N/A N/A Duty ammunition used in ongoing accuracy verification and maintenance of the rife during the reporting period. N/A N/A 1 1/4/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Patrol Rifle Qualifications and training with the rifle. Live fire.
N/A N/A
6 The inventory of consumable equipment, such as ammunition, diversionary devices, chemical agents, etc., may fluctuate throughout the year due to operational usage, training usage, operational wear, and/or manufacturer-recommended replacement guidelines. The quantities provided represent the quantity possessed by the Department as of the time of issuing this Annual Report. 7 The department's standard training round is .223/5.56 55-grain full metal jacket. The manufacturer of the ammunition varies depending on what is available when the Department needs to make an order.
8 The Department tracks firearms usage; however, data for 2023 does not classify use by firearm type. The information provided represents the Department’s best estimate of AR-15 usage.
9 The Department did not track firearm usage by firearm type in 2023.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.78
2 2/1/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Topic of training was Barricade and High-risk warrant service. Rifles were used in training. No live
fire.
N/A N/A
3 3/22/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Training topic was Vehicle containment
operations. Rifles were used in training. Live fire.
N/A N/A
4 5/10/2023 Training N/A Department firearms training day. Rifles were used. N/A N/A 5 5/17/2023 Training N/A Department firearms training day. Rifles were used. N/A N/A 6 5/24/2023 Training N/A Monthly Emergency Services Unit training. Rifles were used during scenarios. No live fire. N/A N/A
7 6/5-16/2023 Training N/A Post-Certified Firearms Instructor Course. Included instructor certification for patrol rifle.
N/A N/A
8 6/27/2023 Training N/A Monthly Emergency Services Unit training. Training topic was Hostage Rescue. Rifles were used. No live fire. N/A N/A 9 07/10-
15/2023 Training N/A
Emergency Services Unit officers attended the countywide Active Shooter training. Rifles were used. No live fire.
N/A N/A
10 9/12/2023 Training N/A Monthly Emergency Services Unit Training. Rifle qualifications were completed. Live Fire.
N/A N/A
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.79
11 9/20/2023 Training N/A Department firearms training. Rifles were used in a portion of the training. Live fire.
N/A N/A
12 9/27/2023 Training N/A Department firearms training. Rifles were used in a portion of the training. Live Fire N/A N/A
13 10/2-
10/13/2023 Training N/A Officers sent POST-certified SWAT school. Rifles were used during portions of this training. N/A N/A
14 10/25/2023 Training N/A
Monthly Emergency Service Unit training. Joint training with Emergency Services Unit Negotiations team. Rifles
were used in scenario training, no live fire.
N/A N/A
15 11/29/2023 Training N/A
Monthly Emergency Services Unit Tactical Team
Training. Training topic was Hostage Rescue
operations. Rifles were used in training. No live fire.
N/A N/A
16 12/20/2023 Training N/A Monthly Emergency Services Unit training. Rifles were used for live fire training. N/A N/A
Intended Acquisition in 2024
The Department does not intend to acquire additional AR-15 patrol rifles in 2024.
Consumable equipment acquisitions for 2024 will restore quantities previously approved by the City Council.
Total Annual Cost
Ammunition cost ($8,800).
Department-wide firearms training personnel cost (approximately $14,682.46).
Basic Swat School training course cost ($1,680.00). Training personnel costs (approximately $12,498.31).
Emergency Services Unit Tactical Team training personnel costs (approximately $22,296.12).
Active Shooter training personnel cost (approximately $3,467.10) Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.80
Firearms Instructor training course cost ($3,765.00). Training personnel cost (approximately $20,830.52) Annual costs for personnel, training, transportation, and storage are absorbed into the Department’s operating budget.
Santa Cruz Police Department
Annual Military Equipment Report
2023 Report
25.81 AB 481
ANNUAL REPORT
Santa Cruz Police
Department
2023
25.82 Policy
May 10, 2022, City of Santa Cruz
City Council adopted SCMC Chapter
9.90, approving the SCPD Military
Equipment Use Policy (705)
(Gov't Code § 7071)
• Authorized Use
• Fiscal Impact
• Legal & Procedural
Rules
• Training
• Description
• Quantity
• Capabilities
• Lifespan
• Purpose
Reporting
A law enforcement agency must
submit to their governing body an
annual military equipment report for
each type of military equipment
approved by the governing body
w ithin one year of approval, and
annually thereafter for as long as
the military equipment is available
for use. (Gov't Code § 7072(a))
Approval
AB 481 requires a governing body to
review the ordinance adopting a
military equipment use policy at least
annually and to vote on whether to
renew the ordinance at a regular
meeting; and shall determine, based
on the annual military equipment
report w hether each type of military
equipment identified in that report
complies w ith the standards for
approval (Gov’t Code § 7071(e)(1,2))
Safeguard
Establishes legally enforceable
safeguards, including transparency,
oversight, and accountability
measures to protect the public’s
w elfare, safety, civil rights, and civil
liberties before military equipment is
funded, acquired, or used.
Effective January 1, 2022, establishes
requirements for the funding, acquisition and use
of items deemed "military equipment" (Gov't Code
§ 7070(c)) in law enforcement and state agencies.
Assem bly Bill 481
25.83 Robot & Unmanned
Aerial Vehicle (UAV)
Command & Control
Vehicles
Armored
Personnel Carrier
Gov't Code § 7070(c)
01 02 & 03
05 Gov't Code § 7070(c)
Santa Cruz Police Department Military Equipment Use
25.84 Santa Cruz Police Department Military Equipment Use Specialized Firearms
and Ammunition Less
than .50 Caliber
Firearms and
Ammunition Greater
than .50 Caliber
Transport Vehicles
Gov't Code § 7070(c)
05 10
08 & 09
25.85 Flashbang, Teargas
& Pepper Balls
Santa Cruz Police Department Military Equipment Use
40mm Launchers &
Ammunition
Long Range Acoustic
Device
13 14
12 Gov't Code § 7070(c)
25.86 Other Specified
Items/Equipment
Gov't Code § 7070(c)
15 Santa Cruz Police Department Military Equipment Use
Gov't Code § 7072(a)(1)
25.87 Assist W atsonville PD (4)
Assist Sheriff's Department (2)
Officer Involved Shooting (1)
Refuel (2) Training/Demonstration (2)
Armored Personnel Carrier BearCat
Maintenance (1)
Gov't Code § 7072(a)(1)
25.88 Santa Cruz Police Department Military Equipment
Costs
Gov't Code § 7072(a)(4)
25.89 Category 1 - Unmanned Aerial Vehicle
January 23, 2024, adoption of ordinance amendment
to include five (5) Unmanned Aerial Systems to the
SCPD Military Equipment Policy (705)
Intended Acquisitions in 2024
Gov't Code § 7072(a)(6)
Santa Cruz Police Department Military Equipment Use
25.90 Gov't Code § 7072(b)
Community meeting held on April 3, 2024, via Zoom
Presented the 2023 AB 481 Annual Report and answered questions from the public Questions included but were not limited to:
- What are the projected or anticipated uses of this [military] equipment? Do you anticipate civil unrest at all (as per coming elections) or mostly combating criminal activity?
- Why did the Department not track firearm usage by firearm type in 2023? - Do you have policies regarding unarmed protesters?
- What new military equipment is [the police department] planning to purchase in the upcoming year?
Santa Cruz Police Department Community Engagement
25.91 Quest ions?
25.92 City Council
AGENDA REPORT
DATE: 04/25/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Public Hearing to Review the Updated 2023 Annual Compliance Report for the Delaware Addition Planned Development and Determination of Good Faith Compliance with the Material Terms of the Development Agreement and Conditions of Approval for the Proposed Lease of 100 and 400 Ingalls Alley to the University of California Santa Cruz (Environmental Determination: Not a Project/Exempt per 15061(b)(3)/Reuse of prior Environmental Impact Report) (PL)
RECOMMENDATION: Motion to adopt a resolution acknowledging the environmental determination and finding that the applicant’s submittal is in good faith compliance with the material terms of the development agreement, with the following exception. Direct staff to process an Operating Memorandum to clarify conditions of approval and allow for affordable housing units consolidation so the owner can move forward with the amendments to the CC&Rs, lease of the units to the University, consolidation of the affordable housing units on Lot 21 of the Project (400 Ingalls Alley) in lieu of dispersing them over Lots 20 and 21 (100 and 400 Ingalls Alley), and recordation of an amended Affordable Housing Development Agreement.
BACKGROUND: In 2008, the City Council approved the Delaware Addition Planned Development located at 2120 Delaware Avenue, an approximately 20-acre vacant site located on the north side of Delaware Avenue, west of Swift Street and east of Natural Bridges Drive within a light industrial area of the City of Santa Cruz (City). The approvals consisted of multiple permits including a Design Permit, Coastal Permit, Special Use Permit, Watercourse Development Permit, Sign Program, Planned Development Permit, and Vesting Tentative Map (Resolution No. NS27,901). The City Council also approved a Development Agreement (Ordinance No. 2008-15), certified the final Environmental Impact Report (Resolution No. NS-27-899), and adopted the findings of fact, mitigation monitoring and reporting program, and statement of overriding considerations (Resolution No. NS-27-900) as a part of the Planned Development. The Development Agreement was recorded on October 9, 2008, and since that time, five Operating Memoranda have been signed by the City and the applicant to record clarifications to the Development Agreement.
The City Council approved major modifications to the project in 2014 that allowed for greater flexibility in the timing of construction of the residential flats and that allowed for limited groundfloor residential uses within the industrial/commercial condominiums (Resolution No. NS28,820). In 2016, the City Council approved a major modification to the original approvals to reconfigure the site layout, revise/update the conditions of approval, revise the development
26.1 phasing plan, consolidate all stand-alone residential units to the northern end of the property, create a one-way exit to Swift Street, rename interior streets, and establish design guidelines and allowed uses within the Delaware Addition Planned Development (Resolution No. NS-29,183).
As per the Development Agreement for the Delaware Addition Planned Development, the Delaware Addition Association submits to the City a compliance report for review every year that details the status of the Delaware Addition Planned Development and actions taken with respect to the project, in accordance with the provisions of California Government Code 65865.1, Article V of the Development Agreement, and Municipal Code 24.08.2585. City staff review the report to determine whether the owner has demonstrated good faith substantial compliance with the material terms of the Agreement. City staff will provide the applicant with written comments if it has been determined that the owner’s report is inadequate in any respect, and the owner can respond with additional information or evidence as may be necessary to demonstrate good faith substantial compliance with the material terms of the Agreement. Ultimately, if not found in compliance, the Planning Director shall provide written notice to the owner and deliver a staff report to the City Council at a noticed public hearing for City Council to determine the good faith substantial compliance by the owner with the material terms of the Agreement. At the hearing, the owner is entitled to submit evidence and address all issues raised in the staff report.
The City received the 2023 annual compliance report on January 16, 2024, which was found to be consistent and in compliance with all project approvals. On April 1, 2024, the Planning Department received an amended 2023 report (attached), which is the subject of this meeting. As noted in the amended annual compliance report, the owner is proposing to amend the Covenants, Conditions and Restrictions (CC&R’s) to lease the residential and commercial buildings on Lots 20 and 21 (100 and 400 Ingalls Alley) in Phase II of the Delaware Addition planned development to the University of California Santa Cruz (UCSC). Lots 20 and 21 are identified in the Master Site Plan attached. The University will sublease the residential units exclusively to faculty and students. The owner is also proposing to consolidate seven, low-income, inclusionary rental units that were required by the Planned Development Permit to be located on 100 and 400 Ingalls Alley onto 400 Ingalls Alley, a building that will house only UCSC faculty and staff.
Staff is requesting guidance from City Council to determine whether the owner is in good faith substantial compliance with the terms of the Development Agreement with regards to the above actions.
DISCUSSION: City staff reviewed the amended annual compliance report and identified two areas of potential concern: 1) if leasing the buildings to UCSC to provide housing for students, faculty and staff would cause the buildings to be considered an “educational facility,” which is listed as a prohibited use in the Design Guidelines, and 2) if the proposed use requires a modification to a condition of approval regarding promoting and encouraging the sale or rental of residences to on-site employees. Staff recommends that 1) the proposed use does not make the buildings an educational facility and that 2) in order to move forward with the actions noted above, the condition of approval regarding promoting and encouraging the sale or rental of residences to on-site employees may be clarified by way of an operating memorandum. An operating memorandum will also be needed to memorialize the consolidation of affordable units into the single building to be occupied by faculty and staff, as well as recognize the voluntary offer of 12 additional units affordable to moderate income households.
26.2 Please see the discussion below for more details.
1. Is the proposed use considered an “educational facility”? Exhibit D in the Delaware Addition Design Guidelines describes the Planned Development Potential Uses, including principally permitted uses, uses that require use permits, prohibited uses, and outlines the procedures for use permits. One of the prohibited uses under Exhibit D is “private or public non-vocational educational schools or facilities.” The question arose as to whether leasing the buildings to UCSC would cause the buildings to be considered an “educational facility.” Below, arguments are presented for why the buildings would or would not be considered an “educational facility.”
The proposed use could be considered an “educational facility” as defined by State law.
An “Educational facility” is defined in the California Educational Facilities Authority Act (Education Code Section 94110(e)(1)) as “a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, health care facility (including for an institution of higher education that maintains and operates a school of medicine, structures or facilities designed to provide services as a hospital or clinic, whether the hospital or clinic is operated directly by the institution of higher education or by a separate nonprofit corporation, the members of which consist of the educational institution or the members of its governing body), faculty and staff housing, parking, maintenance, storage, or utility facilities, and other related structures or facilities used for student instruction, conducting research, or operating an institution for higher education, and related facilities and equipment.”
It could be argued that the proposed use is considered an educational facility because dormitory is included in the definition of educational facility and the definition of “dormitory” means “a housing unit with necessary and usual attendant and related facilities and equipment” in Education Code Section 94110(d). As such, the definition of dormitory includes regular apartment units. Faculty and staff housing is also included in the definition of educational facility. Education Code Section 94110(f) defines “faculty and staff housing” as “a residential unit owned by a participating college or participating nonprofit entity for use by an individual holding a faculty appointment or a staff position at a public university, public college, or participating college.” The definition of “educational facility” includes “operating an institution for higher education, and related facilities and equipment” which provides flexibility to expand beyond the strict definitions provided above, such as for faculty and staff housing.
In a separate Education Code Section 17173(h), related to the CA School Finance Authority Act, “educational facility” is defined below:
“Educational facility” means any property, facility, structure, equipment, or furnishings used or operated in conjunction with one or more public schools, including charter schools, or community colleges, including, but not limited to, all of the following:
(1) Classrooms.
(2) Auditoriums.
(3) Student centers.
(4) Administrative offices.
(5) Sports facilities.
26.3 (6) Maintenance, storage, or utility facilities.
(7) All necessary or usual attendant and related facilities and equipment, including streets, parking, and supportive service facilities or structures required or useful for the effective operation of the educational facility.
Notably, Education Code Section 17173(h) defines “educational facility” more narrowly than Section 94110(d) and omits mention of housing or dormitories.
No, the proposed use is not an educational facility.
The City’s Zoning Ordinance defines dormitory as “a residential facility that provides sleeping quarters for a number of people, usually along with common bathroom facilities and recreation areas, generally for students.” The residential buildings in Phase II have a total of 161 individual apartment units, each unit has their own kitchen, bathroom(s), and bedrooms. There are no common bathroom facilities on each floor for students to use. As such, the multi-family apartment buildings do not provide the facilities that are “usually” associated with dormitories.
Additionally, the residential units are also proposed to be rented to faculty and staff in addition to students. Even if the student housing portion were to be considered a “dormitory,” the use allowances for the Delaware Addition do not expressly prohibit a dormitory.
The “educational facility” definition in Section 94110 of the Education Code is not adopted in the City’s Zoning Code and appears only applicable to matters specified within the Education Code’s California Educational Facilities Authority Act, which is primarily concerned with the financing of educational facilities, including residential facilities for students. In this case, it is uncertain whether the University is financing the construction or whether it is doing so pursuant to the aforementioned Act. However, regardless, it is not typically the state definition that the City uses as the basis for a use determination, rather it is the local one.
As the Zoning Ordinance does not define “educational facility,” it is fair to conclude that it is synonymous with “educational use,” which is defined in Section 24.22.339 as “any use devoted to education and learning, whether it be public, private, commercial or noncommercial.” This definition could be narrowly interpreted to mean that it does not include student or faculty housing.
The applicant has argued that having students or employees of an educational institution live in a building does not make it an educational facility because they are just living in the building, and not being educated or educating others there. The fact that a resident of an apartment building has a particular occupation does not transmute their residence into a place of business for that occupation. The applicant has stated that the term “educational facilities” as used in Exhibit D was not intended to apply to residential uses. In Chapter 24.10 of the Municipal Code, wherever the term “educational facilities” is used in mixed-use districts, it is under the heading of “Commercial Uses.”
Staff recommendation
Since UCSC is proposing to lease the residential apartment buildings from the Association and sublease them to students and faculty, staff recommends that the proposed use of the multifamily residential buildings and commercial building to be leased to UCSC does not meet the definition of an educational facility and is a permitted use, even if it can be interpreted either way.
26.4 The residential apartment units that are proposed to be leased to UCSC do not cleanly meet the definition of dormitory in the City’s Zoning Ordinance, but even if the use were considered a dormitory, the use allowances for the site do not expressly prohibit a dormitory. The Municipal Code does not have a definition of “educational facility” but there is a definition for “educational use” that can be synonymous with “educational facility,” and that definition does not include any mention of student or faculty housing. Typically when the City reviews allowable uses and definitions of uses, it is in accordance with the Municipal Code definitions rather than State Law definitions. As such, the City would not refer to the definition of “educational facility” as defined in the Education Code when considering the definition of the use. Therefore, staff recommends that leasing the buildings to UCSC would not make the buildings an educational facility, thus they would be an allowable use as proposed.
2. Does Condition of Approval # 11(cc) need to be revised in order for the owner to move forward with the proposed lease to UCSC?
In Resolution NS-29,183, which was adopted in 2016 as a result of the approval of the major modification to the Delaware Addition Planned Development, condition of approval #11(cc) was carried forward from the original project approvals to be kept in the amended CC&R’s.
COA #11(cc) is as follows:
In order to promote on-site sustainability, the Association will promote and encourage the sale or rental of residences to on-site employees. The CC&R’s shall require the Association to provide an early notification program which shall include informing on-site employees and employers of sales or rentals of residences within the Addition by a web site list of available properties and maintaining a list of persons who work on-site and desire residences to be given to all those selling, renting, or leasing their properties within the Addition. The website information shall be available both in English and in Spanish. Upon notification that housing opportunities are available to workers and business owners on site, such notification shall remain open and available until it is taken by an on-site worker or, for a minimum of 21 days for the initial sale, rental, or lease of a residential unit, before being offered to the general public. The program shall be subject to the Enforcement Monitoring Program.
Owner’s analysis of the COA
The owner takes the position that the above provision is only applicable to units that are made available to the public and that, since the proposed units will be leased to the University, and not made available to the public generally, this condition does not apply. The owner asserts that the purpose of this condition of approval was to reduce traffic by giving onsite employees early notice of available apartments near their place of employment. The owner argues that neither the CC&Rs, the Development Agreement or the project approvals require that residential units at the project be made available to onsite workers or the general public before being used by anyone and further states that if the restriction existed, it would preclude many other uses, such as a senior living facility or workforce housing master leased to a single employer as housing for its own employees. Instead the provision only requires that onsite workers get early notice of available housing before the housing is offered to the general public.
The owner is stating that the Association and UCSC will remain in compliance with this condition of approval and section 8.2 in the CC&Rs notwithstanding the master lease, as the units within the buildings leased to UCSC will be listed on the website prior to those units being offered to the general public. If at any time UCSC offers units to the general public, not
26.5 just to faculty and students, the owner agrees that those units must (and will) first be listed on the website maintained by the Association before being offered publicly. The owner explained that the master lease to UCSC achieves the sustainability objective given the close proximity of the apartments to the UCSC campus and that the buildings will be served by UCSC transit, which will achieve the City’s sustainability objectives more effectively than leasing to onsite employees before leasing to the general public, who may be commuting far greater distances using private vehicles. By master leasing the property for use solely by people who will work or study at a campus less than two miles from the property, readily accessible on major arterial roads and using UCSC-provided transit options, the residents’ traffic will be far less impactful than to have those same people housed in locations across the City and beyond, where they would be more likely to use private vehicles on neighborhood streets to travel to campus and back with multiple trips throughout the day.
Staff’s analysis of the COA
Staff disagree with the owner’s interpretation of the implementation of the above provision.
Throughout the years, the original project approvals have always been to construct a mixed use industrial/commercial/residential project that will provide jobs and housing for on-site workers, and contribute to the City’s economic vitality, consistent with the goals and policies of the IND General Plan designation, implementing IG/Per-2 Zone District, and the public benefit findings of the Planned Development. The development is intended to retain flexibility in providing “build-to-suit” opportunities while providing a cohesive and compatible design through the implementation of Design Guidelines.
The staff report for the major modification to the Delaware Addition Planned Development in 2016 notes the original intent of the Planned Development and how the modification did not impact the original approval and intent, which is to provide housing opportunities on the same site as employment areas and to develop the project as a neighborhood, integrating residents and businesses in a work/live setting and incorporating environmental principles that will reduce reliance on the automobile to minimize adverse impacts to surrounding neighborhoods.
The intended purpose of the mix of industrial/commercial/residential uses and live/work units was to preserve the site for primarily business-oriented commercial and industrial activities with live/work options, consistent with the IND (General Industrial) land use and IG/PER-2 (General Industrial/Performance District) zoning designation of the property.
The major modification in 2016 continued to meet the intent of the original project approvals because the purpose of consolidating the residential units to the north side of the lot was to separate the residential units from surrounding commercial/industrial uses to be more desirable for future residents and lenders. The separation of the residential units from surrounding commercial/industrial uses continues to provide housing for larger households and create much-needed rental housing in close proximity to employment opportunities. The project approvals, including previous staff reports, findings, and conditions of approval, all support the original purpose of the project, which is to provide housing opportunities on the same site as employment areas and to develop the project as a neighborhood, integrating residents and businesses in a work/live setting and incorporating environmental principles that will reduce reliance on the automobile to minimize adverse impacts to surrounding neighborhoods as well as to facilitate the goals of the General Plan. The goal of the IND (Industrial) General Plan designation is to designate lands reserved for the City’s most employment-intensive uses, including industrial. This designation allows for other employment-intensive uses, such as office parks or incubator spaces for new businesses that are likely to provide high-quality jobs
26.6 to the community. The IND designation allows for limited development of live-work units that accommodate home-based businesses, consistent with the Delaware Addition Planned Development.
The above-noted condition of approval and resulting section in the CC&R’s clearly describes the process of which the owner must follow to promote on-site sustainability and to meet the intent of the original project approvals, which was to provide housing opportunities on the same site as employment areas and to develop the project as a neighborhood. The condition of approval specifies that the sale or rental of residences to on-site employees needs to be done before the units are made available to the public. In this context, anyone who is not an on-site worker is the public. Staff’s analysis finds that the owner must comply with the above-noted condition of approval, and clarification of the condition is needed.
Staff recommendation
While leasing the buildings to UCSC does not constitute an educational facility in staff’s opinion and would be considered a permitted use, the above-noted condition of approval must be clarified for the owner to deviate from having to provide early notice to on-site employees first. As described in staff’s analysis, the intent of the condition of approval is to ensure that the original project approvals and the General Plan and zone district policies continue to be met regarding the provision of housing opportunities on the same site as employment areas and to develop the project as a neighborhood. This will integrate residents and businesses in a work/live setting and incorporate environmental principles that will reduce reliance on the automobile to minimize adverse impacts to surrounding neighborhoods.
Section 3.13 in the Development Agreement provides a path forward to allow for the condition of approval to be modified/clarified. Section 3.13 states:
The provisions of this Agreement require a close degree of cooperation between City and Owner, and refinements and further development of the Project may demonstrate that clarifications with respect to the details of performance of City and Owner or minor revisions to the Project are appropriate. If and when, from time to time, during the term of this Agreement, City and Owner agree that such clarifications or minor modification are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved by City and Owner, which, after execution, shall be attached to and become a part of this Agreement. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section 3.13 or whether the requested clarification is of such a character to require an amendment hereof pursuant to Article X below. The parties acknowledge that modifications which would be categorized as exempt under CEQA, or which, after an initial study made pursuant to CEQA, City determines do not require any further environmental review under CEQA, or do not increase the density or intensity of use of the Project overall or the maximum height, bulk, size or architectural style of proposed buildings within the Project, may be effectuated through operating memoranda pursuant to this Section
3.13. The City Manager may execute any operating memoranda hereunder without City Council action.
26.7 The clarification of this condition of approval is considered minor and will be supported by staff, because although the owner is not proposing to provide early notice to on-site employees first, staff agrees with some of the applicant’s reasoning with respect to the sustainability aspects of housing students, faculty and staff at the site. Moreover, approval of this use will result in the development of critically needed residential units at this site that will be occupied by people who would otherwise be seeking housing elsewhere in the City while, in the meantime, the commercial/industrial components of the Delaware Addition Planned Development are only partially built-out and, therefore, only a limited number of employees would be able to rent these units were they first offered to on-site workers. The people living in these units will still be located close to where they work and study, and the students (or family members of the faculty and staff) may be able to find jobs located in the Delaware Addition (or other nearby businesses). UCSC students, faculty and staff would have convenient access to regular transit services to and from their place of employment and school, resulting in shorter commutes, which would not be guaranteed if the units were occupied by other community members. Even if on-site workers were offered an opportunity to rent spaces before others, only a limited number of employees would avail themselves of such opportunity, and the resulting residents would be a mix of students and non-students, meaning that employment destinations would likely be further than the distance to UCSC. Furthermore, the site is located in an area of the City that is screened out from vehicle miles traveled (VMT) analysis and within ½ mile of a major transit stop. Given the convenient public transit services in the area, which is especially true for travel between the site and UCSC, clarifying this condition of approval remains consistent with the existing project approvals.
Importantly, the University is proposing to provide an additional 12 affordable housing units on 400 Ingalls Alley to moderate-income households. Additional affordable housing units are a key need in our community, and although the residential units are not being provided to onsite workers first, more affordable housing units are being provided and the residential units are being provided. Staff recommend that Council direct staff to process an operating memorandum under Section 3.13 of the Development Agreement to clarify the condition of approval. The operating memorandum will also state that the owner will provide 12 additional affordable housing units to moderate-income households.
While the above represents staff’s recommendation, the Council reserves the right to agree with the applicant’s interpretation, whereby the Council would find that, as proposed, the units are not, in the context of the condition of approval, being offered to the public. In such a situation, the conditions of approval would not require clarification, but an operating memorandum will be required to memorialize the changes to the affordable housing units.
3. Affordable Housing Units Consolidation
The Project Approvals require that if the Residential Flats are mapped and inclusionary units have not been offered for sale then until such time as these inclusionary units are offered for sale, the owner shall provide seven units of affordable rental housing that shall be made available for rent to lower income households. Pursuant to the recorded Affordable Housing Development Agreements that were negotiated with the Housing and Community Development Manager of the City of Santa Cruz Economic Development Office, four of these units are to be located in the building constructed on 100 Ingalls Alley and three are to be located in the building constructed on 400 Ingalls Alley. The owner has negotiated a master lease agreement with the University, pursuant to which the University will master lease all
26.8 buildings constructed on 100 and 400 Ingalls Alley (Lots 20 and 21). For various reasons, the University desires to consolidate all seven of the affordable housing units onto 400 Ingalls Alley, which will be comprised entirely of housing for University employees, and provide an additional 12 affordable housing units available to moderate-income households.
The consolidation of the affordable housing units to 400 Ingalls Alley and the additional 12 affordable housing units available to moderate-income households can be clarified with an operating memorandum and recording a revised affordable housing development agreement.
The Delaware Addition Planned Development was approved in 2008 with major modifications approved in 2014 and 2016, as described in the background of this report. The planned development is locked into the affordable housing provisions that were approved in the 2016 major modification and described in the project conditions of approval and the fifth operating memorandum.
By consolidating the units onto 400 Ingalls Alley, the affordable housing units continue to be provided and the affordable housing provisions continue to be met for Phase II of the project and further exceeded with the addition of 12 affordable housing units. The only difference is that the affordable housing units are being provided in one residential building on one lot rather than dispersed throughout the three residential buildings across both lots.
The owner would be required to record the operating memorandum to clarify the affordable housing units consolidation and to provide the additional affordable housing units through a revised recorded affordable housing development agreement. If the buildings are no longer leased or owned by the University, the affordable housing units will revert back to being dispersed between 100 and 400 Ingalls Alley, without the additional 12 affordable housing units.
4. Regional Housing Needs Allocation (RHNA) Implications The State Department of Housing and Community Development (HCD) has very specific requirements for when new units can count towards the City’s RHNA totals, some of which can be found at:
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/housing-elementannual-progress-report-faq.pdf.
With the project as proposed, the 62 units of staff and faculty housing will count toward the City’s RHNA totals. The seven low income units will be counted towards meeting the City’s low income targets. As proposed, with the 12 moderate income units lasting for the length of UCSC’s leasing or ownership of the units, staff currently anticipates that said 12 units will be counted towards the City’s moderate income RHNA targets.
It is unclear whether the 99 units of student housing would count towards the City’s RHNA targets. The information at the link above states the following: “Student housing of any type is not considered housing units, even if the student housing consists of separate living quarters for students. If the housing is restricted to students, it is considered group quarters and thus not counted as a housing unit.” This would, on its face, indicate that the student housing units would not count towards the City’s RHNA targets. However, it could be argued that this lease does not guarantee that the units will be permanently restricted to students, and the units could convert to non-student housing in the future. Whether HCD would allow them to be counted under this argument (or other arguments) remains to be seen.
26.9 5. Permitting Process
Staff recommends that leasing the buildings to UCSC does not constitute an educational facility and that the condition of approval be clarified through an operating memorandum. The next step would be to administratively approve an Operating Memorandum to clarify the condition of approval, allow the affordable housing units consolidation, and memorialize the voluntary offer of additional affordable housing units. Once the operating memorandum is administratively approved, the CC&R’s can be amended with the approval of the Planning Director and City Attorney, and a revised affordable housing agreement can be recorded.
6. Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The project supports the pillar of equity by providing a range of jobs, as there are commercial buildings proposed to be built as part of Phase II and that will be constructed in the future on other lots in the Delaware Addition Planned Development. There will be residential units constructed as part of the Phase II development, which will include providing affordable housing units. There are also public amenities, such as the central plaza, that will be built alongside the Phase II development that are all open and available to the public at large. The development is on a site that will be improved with sidewalks and trees and that is close to public transportation, commercial goods and services, job opportunities, and recreational areas and trails. Development in this central location encourages a sustainable and healthy lifestyle by promoting alternative forms of transportation such as use of pedestrian trails and bike paths via the Rail Trail and the riparian trail along Arroyo Seco, which connects to other areas in the City. Therefore, the project remains consistent with the three pillars of the HiAP and continues to be an efficient use of the land.
7. California Environmental Quality Act (CEQA) Compliance California Environmental Quality Act (CEQA) compliance can be achieved for this under either one of several paths. First, should Council agree with the applicant’s proposed positions, the action would not change any of the conditions of approval, other than allowing the affordable units to be consolidated into one building and memorializing the voluntary provision of 12 additional affordable units. Those changes would have no foreseeable impact on the environment and would not be considered a project under CEQA Guidelines Section 15378 or would be exempt under the “common sense” exemption in Section 15061(b)(3), in that there is no possibility that the activity in question would have a significant effect on the environment. The changes to the affordable housing units would have to be memorialized through an operating memorandum, which would not be considered a project under CEQA.
Second, should Council agree that clarification is needed for the condition of approval related to offering units to on-site workers, although the action would not change any of the conditions of approval but merely clarify an ambiguity and would, therefore, not constitute a project, even if it was a project, that action can either re-use the prior Environmental Impact Report that was certified for the project, and would also qualify under the “common sense” exemption in Section 15061(b)(3). The transportation considerations discussed above support this
26.10 conclusion, and no other changes could be reasonably contemplated from a slight reduction in the number of units potentially being occupied by students or UCSC faculty/staff that would otherwise be occupied by on-site workers.
FISCAL IMPACT: The applicant paid fees to compensate for costs associated with staff time processing the review of the annual compliance report. This project will contribute to increased property tax to the City, and the project developer will be required to pay City impact fees. The additional revenue generated by the project will help offset the costs of providing municipal services demanded by the project, though many residential uses typically have net negative fiscal effects over time. In addition to the residential buildings, there are also commercial buildings that will be constructed in Phase II of the Delaware Addition Planned Development which will contribute to the economic activity in the City, provide more jobs in proximity to residential units, and will, by themselves, have a net fiscal positive impact, as is typically the case for employment uses due to their higher revenue generation and lower service demands as compared to residential uses.
Prepared By:
Rina Zhou
Associate Planner II
Submitted By:
Lee Butler
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. Resolution
2. Amended Annual Compliance Report
3. Master Site Plan
26.11 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
ACKNOWLEDGING THE ENVIRONMENTAL DETERMINATION AND FINDING THE
DELAWARE ADDITION ANNUAL COMPLIANCE REPORT IS IN GOOD FAITH
COMPLIANCE WITH THE MATERIAL TERMS OF THE DEVELOPMENT
AGREEMENT AND CONDITIONS OF APPROVAL WHEN COUPLED WITH THE
MOTION TO DIRECT STAFF TO PROCESS AN OPERATING MEMORANDUM TO
CLARIFY THE CONDITIONS OF APPROVAL AND ALLOW THE AFFORDABLE HOUSING UNITS CONSOLIDATION. RESOLUTION FURTHER DIRECTS STAFF TO
ADMINISTRATIVELY APPROVE THE AMENDMENTS TO THE CC&RS SO THE
OWNER CAN MOVE FORWARD WITH THE LEASE OF THE UNITS TO THE
UNIVERSITY, ALLOW FOR CONSOLIDATION OF THE AFFORDABLE HOUSING UNITS ON LOT 21 OF THE PROJECT (400 INGALLS ALLEY) IN LIEU OF DISPERSING THEM OVER LOTS 20 AND 21 (100 AND 400 INGALLS ALLEY), AND RECORD AN
AMENDED AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (APPLICATION NO. CP23-0189)
WHEREAS, the RedTree Properties (RTP)/Delaware Avenue, LLC, applicant and owner of property located at Delaware Addition Planned Development has submitted an annual compliance report to the City of Santa Cruz that proposes to amend CC&R’s and allow for the Residential Flats to be leased by UCSC for the purpose of student and faculty housing; and WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Titles 23 and 24, the Subdivision Ordinance, the Zoning Ordinance, the Development Agreement and Project Design Guidelines; and WHEREAS, the City Council Resolution No. NS-27,901 was approved July 19, 2008, for the Delaware Addition project with major modifications approved in 2014 and 2016 (Resolution No. NS-28,820 and Resolution No. NS-29,183); and
WHEREAS, the City Council approved Ordinance No. 2008-15 on July 29, 2008 which vests the development of the project through a Development Agreement entered into between the City of Santa Cruz and RTP – Delaware Avenue, LLC; and
WHEREAS, as noted in the amended annual compliance report submitted by the owner on April 1, 2024, the owner is proposing to amend the Covenants, Conditions and Restrictions (CC&R’s) to lease the residential and commercial buildings on Lots 20 and 21 (100 and 400 Ingalls Alley) in Phase II of the Delaware Addition Planned Development to the University of California Santa Cruz (UCSC) and to consolidate the seven, low-income, inclusionary rental units required by the Planned Development Permit to be located on 100 and 400 Ingalls Alley to 400 Ingalls Alley, a building that will house only UCSC faculty and staff; and WHEREAS, City staff provided the applicant with written comments related to two areas of potential concern regarding whether leasing the buildings to UCSC is considered an “educational facility,” which is listed as a prohibited use in the Design Guidelines, and if the proposed use requires a clarification to a condition of approval regarding promoting and encouraging the sale or rental of residences to on-site employees; and
26.12 WHEREAS, the applicant provided additional information or evidence to address staff’s concern and after discussions between staff and the applicant, staff delivered a staff report to City Council with regards to the areas of potential concern and for City Council to determine whether the owner is in good faith substantial compliance with the terms of the Development Agreement; and
WHEREAS, the City Council conducted a duly noticed public hearing on April 30, 2024 to consider the review of the annual compliance report and determine whether the owner is in good faith substantial compliance with the terms of the Development Agreement; and WHEREAS, the City Council determined that leasing the buildings to UCSC would not make the buildings an educational facility, thus they would be an allowable use as proposed; and WHEREAS, the City Council determined that the condition of approval regarding promoting and encouraging the sale or rental of residences to on-site employees must be clarified by way of an operating memorandum under Section 3.13 of the Development Agreement to clarify the allowance of the owner to not provide early notice to on-site employees first; and WHEREAS, the consolidation of the affordable housing units onto 400 Ingalls Alley and the voluntary offer from University of California Santa Cruz to provide additional 12 affordable housing units available to moderate-income households shall be clarified in an operating memorandum and recorded in an amended affordable housing development agreement; and WHEREAS, the clarifications made through the operating memorandum would not result in material changes to the project and would have no foreseeable impact on the environment and would not be considered a project under CEQA Guidelines Section 15378; and WHEREAS, the original and subsequent project approvals completed environmental review in compliance with the California Environmental Quality Act (CEQA), and the actions herein do not alter the findings contained therein, thus if the actions were considered a project, the prior environmental clearance, including the adopted Environmental Impact Report and subsequent clearances, can be used to provide CEQA clearances for this action; and WHEREAS, if the actions were considered a project, the actions also qualify for CEQA clearances under the “common sense” exemption in Section 15061(b)(3) of the CEQA Guidelines, as further described in the associated staff report; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby acknowledges the motion to direct staff to process an administratively-approved operating memorandum to clarify the conditions of approval and allow affordable housing units consolidation, and to administratively approve the amendments to the CC&Rs so the owner can move forward with the lease of the units to the University, the consolidation of the affordable housing units on Lot 21 (400 Ingalls Alley) in lieu of dispersing them over Lots 20 and 21 (100 and 400 Ingalls Alley), and the recordation of an amended Affordable Housing Development Agreement, including therein the consolidation of the required inclusionary units and memorialization of the University’s offer to provide 12 additional units affordable to households of moderate-income within the staff and faculty building.
26.13 PASSED AND ADOPTED this 30th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED:
Fred Keeley, Mayor
ATTEST:
Bonnie Bush, City Clerk Administrator
26.14 ANTHONY D. RATNER
[email protected]
D 415.954.4448
April 1, 2024
Via Email
Rina Zhou
Associate Planner
City of Santa Cruz, Department of Planning
and Community Development
809 Center Street, Room 108
Santa Cruz, CA 95060
Re: Development Agreement between the City of Santa Cruz and RTP - Delaware Avenue LLC
Updated 2023 Annual Compliance Report / Delaware Addition Dear Ms. Zhou:
RTP-Delaware Avenue LLC, a Delaware limited liability company (the “Owner”), and the City of Santa Cruz (the “City”) entered into a Development Agreement (the “Agreement”) with respect to the Project known as the Delaware Addition. Sections 5.l and 5.2 of the Agreement provide for an Annual Review of the Agreement upon the Planning Director’s written request of same. Section 6 of the Fifth Operating Memorandum stated that the Annual Review shall be “completed by the Owner and submitted before the end of January each year.” On January 16, 2024, a report was submitted on behalf of the Owner as the 2023 Annual Compliance Report pursuant to Article V of the Agreement. Pursuant to your request on February 14, 2024, the report was amended as requested and resubmitted. We received no response to that submission. We are resubmitting and supplementing this report now to make clear that we are seeking guidance from the Planning Director as to whether the actions that have been taken and the actions that are planned to be taken and that are described in this report are in good faith substantial compliance with the material terms of the Agreement. All capitalized terms not otherwise defined herein shall be defined as set forth in the Agreement.
Article II - Term
Section 2.3 - Subsequent Amendments or Termination
As discussed further herein, pursuant to the Fourth Operating Memorandum the Term of the Agreement has been extended to April 4, 2027.
26.15 Rina Zhou, Associate Planner
City of Santa Cruz, Department of Planning and
Community Development
April 1, 2024
Article III - General Regulation of Development of Project Section 3.3 - Applicable City Regulations
Any construction and improvement work done in 2023 was performed in compliance with all Construction Codes and Standards and with Existing City Regulations.
Section 3.4.2 - Design Review Process for Subdivision Parcels Other Than Initial Development
On December 14, 2021, the Delaware Addition Association approved the design permit package submitted for Lot 4 of Building Pad 4, thereby confirming compliance with the Design Guidelines. In 2022, the City issued the design permit and its approval and the building permit to the owner of Lot 4. The owner of Lot 4 has substantially completed construction and has obtained a temporary certificate of occupancy.
On September 12, 2023, the City issued the design permit and its approval for Phase II of the Project. The City is currently reviewing the building permits for this Phase II.
Section 3.6 - City Fees
As required by this section, the Owner has paid all City Application Fees due and chargeable in accordance with City Regulations. No requests for payment by the Owner of any fees are currently outstanding.
Section 3.13 - Operating Memoranda
The City and the Owner have executed a total of five (5) Operating Memoranda for the Project, as follows:
- First Operating Memorandum by letter, dated November 12, 2009; - Second Operating Memorandum, dated March 26, 2012;
- Third Operating Memorandum, dated October 30, 2013;
- Fourth Operating Memorandum, dated February 12, 2014; and - Fifth Operating Memorandum, dated September 18, 2017.
As of the date of this report, no additional Operating Memoranda are being negotiated.
26.16 Rina Zhou, Associate Planner
City of Santa Cruz, Department of Planning and
Community Development
April 1, 2024
Article IV - Criteria and Obligations to Development
Section 4.1 - Requirements for Approval of Project
In 2014, the Owner recorded the approved condominium plan for Business Condominiums in Phase 1A and the Supplemental Declaration for Phase 1A Business Condominiums. In 2017, the Owner recorded the Phase 1B Final Map and Phase 2 Final Map.
In 2021, the owner of Lot 6 submitted its condominium plan paperwork to the California Department of Real Estate, and the Department issued its approval.
On September 12, 2023, the City issued the design permit and its approval for Phase II of the Project. The City is currently reviewing the building permits for this Phase II.
No further activities with respect to project approval occurred in 2023.
Section 4.3 - Infrastructure
All lots within Phase 1A are fully developed, and, therefore, no additional infrastructure work is required.
In 2018, on-site Phase 1B infrastructure improvements were completed. In early 2019, the off-site Phase 1B infrastructure improvements were completed, and were subsequently approved by the City on May 21, 2019.
There were no infrastructure improvement projects in 2023.
Section 4.5 - Initial Development/Common Area
As noted above, all lots within Phase 1A are fully developed, and there has been no new construction within Phase 1A.
As noted above, the on-site and off-site Phase 1B work is complete, with the latter being completed in early 2019.
In 2020 the owner of Lot 6 began construction on its buildings under its own separate applications and management. Construction work is complete and the owner of Lot 6 has received City approval.
No Common Area construction activities occurred in 2023.
Section 4.6 - Traffic Mitigations
No traffic mitigations are required at this time per the Project Approvals.
26.17 Rina Zhou, Associate Planner
City of Santa Cruz, Department of Planning and
Community Development
April 1, 2024
Section 4.8 - Operation and Maintenance of Project
No new or modified Conditions of Approval, CC&Rs, or O&M Programs were negotiated or approved in 2023.
On December 19, 2023, we submitted, on behalf of the Owner, a draft amendment to the CC&Rs to the Planning Department with a request that the Planning Department review the amendment and confirm that it complies with the Project Approvals. As of the date of this report, we have not received feedback from the Planning Department with respect to this request. For the purposes of determining the Owner’s good faith substantial compliance with the material terms of the Agreement, please proceed on the assumption that the amendment in the form submitted to the Planning Department has been recorded in the form submitted.
The Project Approvals require that if the Residential Flats are mapped and inclusionary units have not been offered for sale then until such time as these inclusionary units are offered for sale the Owner shall provide seven units of affordable rental housing that shall be made available for rent to lower income households. Pursuant to the recorded Affordable Housing Development Agreements that were negotiated with the Housing and Community Development Manager of the City of Santa Cruz Economic Development Office, four of these units are to be located in the building constructed on Lot 20 and three are to be located in the building constructed on Lot 21. the Owner has negotiated a master lease agreement with the Regents of the University of California (the “Regents”), pursuant to which the Regents will master lease both buildings constructed on Lots 20 and 21. For operational reasons, the Regents desires to consolidate all seven of the affordable housing units onto Lot 21. In connection with such consolidation, the Regents would make all of the units in the building on Lot 21 (i.e., 62 units) available as housing for the Regents’ employees. For the purposes of determining the Owner’s good faith substantial compliance with the material terms of the Agreement, please proceed on the assumption that such consolidation of the low income affordable units has taken place.
Article VI - Permitted Delays, Subsequent Laws
Section 6.1 - Force Majeure
As indicated in prior reports, the Great Recession significantly delayed the development of the Project. The Owner and the City entered into the Fourth Operating Memorandum to memorialize the extent of the Force Majeure delay. Pursuant to the Fourth Operating Memorandum, the following extensions have been granted: (1) pursuant to Section 6.1 of the Agreement, the deadline for performance of each party’s obligations under the Agreement has been extended by 1,190 days; (2) pursuant to Section 2.2 of the Agreement, the Term has been extended by 1,190 days, expiring on April 4, 2027; and (3) pursuant to Section 3.8 of the Agreement, the term of each of the Project Approvals has been extended by 1,190 days.
26.18 Rina Zhou, Associate Planner
City of Santa Cruz, Department of Planning and
Community Development
April 1, 2024
Beginning in 2020, the Project was significantly impacted by the COVID-19 pandemic, which impacts included delays and restrictions in response to COVID-19 and other similar bases that were not and are not within the reasonable control of the Owner. These delays in performance constitute Force Majeure under the Agreement. The Owner will work with the City to memorialize the Force Majeure delays and extend various deadlines as a result thereof.
Article VII - Events of Default
Section 7.1 - Events of Default
As of the date of this report, there have been no notices of failure to perform any material term or provision amounting to an “Event of Default”.
Article IX - Transfers
There have been no Transfers of any right or interest under the Agreement.
There were no transfers of the Initial Development or Common Area in 2023.
Article X - Amendment and Termination
There have been no Amendments or Terminations of the Agreement, aside from the Operating Memoranda discussed above.
The Agreement provides at Section 5.3 that if you find that the Owner has in good faith substantially complied with the material terms of the Agreement, or if you do not respond within 30 days after delivery of this report to you, then the annual review is deemed concluded and the Owner will be deemed to be in good faith substantial compliance with the material terms of the Agreement. Should you find non-compliance or that this report is inadequate, we request written notice from you specifying such deficiency pursuant to Section 5.3, in which case we will provide you with further information. Please note that, pursuant to Section 5.4, any notice to the Owner of a determination of noncompliance by the Owner under the Agreement shall specify in reasonable detail the grounds for such noncompliance and all facts demonstrating such noncompliance or failure, so that the Owner may address the issues raised in the notice of noncompliance or failure on a point-by-point basis in any hearing held by the City Council pursuant to the Agreement. If you are unable to make a determination of whether the Owner is in substantial good faith compliance with the material terms of the Agreement and are seeking City Council’s interpretation of the requirements of the Agreement, your response should still specify the issues on which you are seeking guidance from the City Council on a point-by-point basis so that the Owner may address those issues when they are presented to the City Council. Also note that under the terms of the Agreement any report to the City Council must include the contentions of the Owner with respect to the issues raised in the report. Accordingly, we request that you provide us with a draft of such report before it is submitted to the City Council so that
26.19 Rina Zhou, Associate Planner
City of Santa Cruz, Department of Planning and
Community Development
April 1, 2024
we can confirm that it adequately reflects the Owner’s contentions as to the issues raised in the report.
Thank you for your review and consideration of this report.
Very truly yours,
Anthony D. Ratner
cc: Douglas P. Ley
Kelly Crow
Stephen Maxon
Lee Butler, Planning Director
19299\16718491.1
26.20 26.21
1 Rosemary Balsley
From: Ron Pomerantz <[email protected]>
Sent: Monday, April 29, 2024 3:43 PM
To: City Council
Subject: 4-30-24 Council Agenda item# 26: Delaware Addition Planned Development Re. 4-30-24 Council Agenda item# 26: Delaware Addition Planned Development Mayor Keeley and Council members.
This site is very large and important for Santa Cruz in providing housing as well as economic development. I request you postpone any decision on these development changes until such time that the proposed changes are fully explored and publicly vetted, as well as alternatives are discussed.
Thank you for your time.
Ron Pomerantz
26.22 Review of Annual Compliance
Report for Delaware Addition
Planned Development
City Council Public Hearing
April 30, 2024
26.23 Delaware Addition Planned Development Site Plan
2 26.24
Discussion Points
• Educational facility
• Offer of units to on-site employees
• Affordable Housing
• Recommended Process
• Operating memorandum
• Amended CC&Rs
• Revised affordable housing agreement
3 26.25
4 Condition of Approval 11(cc)
In order to promote on-site sustainability, the Association will promote and encourage the sale or rental of residences to on-site employees. The CC&R’s shall require the Association to provide an early notification program which shall include informing on-site employees and employers of sales or rentals of residences within the Addition by a web site list of available properties and maintaining a list of persons who work on-site and desire residences to be given to all those selling, renting, or leasing their properties within the Addition. The website information shall be available both in English and in Spanish. Upon notification that housing opportunities are available to workers and business owners on site, such notification shall remain open and available until it is taken by an on-site worker or, for a minimum of 21 days for the initial sale, rental, or lease of a residential unit, before being offered to the general public. The program shall be subject to the Enforcement Monitoring Program.
26.26 5
Section 3.13 in Development Agreement
The provisions of this Agreement require a close degree of cooperation between City and Owner, and refinements and further development of the Project may demonstrate that clarifications with respect to the details of performance of City and Owner or minor revisions to the Project are appropriate. If and when, from time to time, during the term of this Agreement, City and Owner agree that such clarifications or minor modification are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved by City and Owner, which, after execution, shall be attached to and become a part of this Agreement. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section 3.13 or whether the requested clarification is of such a character to require an amendment hereof pursuant to Article X below. The parties acknowledge that modifications which would be categorized as exempt under CEQA, or which, after an initial study made pursuant to CEQA, City determines do not require any further environmental review under CEQA, or do not increase the density or intensity of use of the Project overall or the maximum height, bulk, size or architectural style of proposed buildings within the Project, may be effectuated through operating memoranda pursuant to this Section 3.13. The City Manager may execute any operating memoranda hereunder without City Council action. 5 26.27
6 Recommendation
• Resolution acknowledging the environmental determination and finding that the applicant’s submittal is in good faith compliance with the material terms of the development agreement, with the following exception. Direct staff to process an Operating Memorandum to clarify conditions of approval and allow for affordable housing units consolidation so the owner can move forward with the amendments to the CC&R’s, lease of the units to the University, consolidation of the affordable housing units on Lot 21 of the Project (400 Ingalls Alley) in lieu of dispersing them over Lots 20 and 21 (100 and 400 Ingalls Alley), and recordation of an amended Affordable Housing Development Agreement.
26.28 Phase II Site Plan
7 26.29
Thank you.
City Council Public Hearing
April 30, 2024
26.30 CITY COUNCIL
AGENDA REPORT
DATE: 04/8/2023
AGENDA OF: 04/30/2024
DEPARTMENT: City Manager
SUBJECT: Collective of Results Evidence-Based (CORE) Investments Update (CM) RECOMMENDATION: Motion to:
1) Accept and file staff report on the proposed Collective of Results and Evidence-based (CORE) Investments Program Request for Proposals (RFP) development and prioritization for the next funding cycle;
2) Consider options provided for Affordable Housing and Shelter, with staff recommendation to approve option #1;
3) Direct staff to carve out from competitive procurement any programs prioritized by the Council;
4) Direct staff to coordinate with the Human Services Department (HSD) to release the finalized version of the CORE RFP by June 3, 2024, including any additional direction from today’s hearing; and
5) Direct staff to report back no later than October 29, 2024, with a summary of the proposals received from the CORE RFP.
BACKGROUND: CORE Investments is both a funding model and a movement designed to equitably improve the well-being of county residents. The County of Santa Cruz in partnership with the City of Santa Cruz, which shares in the funding of CORE programs, is midway through the current three-year CORE funding cycle for Fiscal Years 2022-25. The County contributes almost $4.789M of general fund, and the City of Santa Cruz contributes $1.08M towards the CORE programs that serve City residents. CORE has been an iterative, community informed and Board and City approved process since inception. The foundation of the CORE Investments RFP is to center equity and align county and city values with a collective impact funding model that allows organizations to apply for limited local funding to support innovative or existing programs supporting lower income county residents in ways that are evidence based and lead to measurable improved outcomes.
DISCUSSION:
RFP Development Timeline
27.1 On April 25, 2023, the Board of Supervisors (Board of Supervisors or Board) and Santa Cruz City Council (City Council or Council) approved a recommended timeline of the next CORE RFP development process, this included Board direction to engage Community Based Organizations (CBO) and stakeholders to provide input, recommendations, and feedback in shaping the next RFP.
On December 12, 2023, the Human Services Department (HSD) presented to the Board and Council on January 9, 2024 on major themes that arose from the Community Engagement & Public Hearings sessions conducted in the fall of 2023. HSD recommended the prioritization of three CORE Conditions for the next RFP based on a prioritization methodology that included the use of county data aligned with a current funding analysis to prioritize impact opportunities.
Following the presentation, the Board and Council commented on the feedback from the community engagement sessions, and provided additional input on what they would like to see in the RFP. HSD was directed to prioritize four of the eight CORE Conditions: Lifelong Learning & Education, Thriving Families, Stable, Affordable Housing & Shelter, and Healthy Environments and return on or before April 30, 2024, with recommendations and a draft RFP for the next cycle of CORE Investments. That information has been included in the RFP Design section, below.
On March 26, 2024, the Board directed HSD to bring options for designating a portion of CORE funding beginning in FY 2025-26 to support shelter programs geographically distributed throughout the County, in alignment with the Housing for Health Partnership (H4HP) strategic plan, and the already prioritized CORE condition of Stable, Affordable Housing & Shelter.
RFP Design
Since inception, CORE has been an iterative process that built upon lessons learned, and community feedback. The draft RFP builds on the lessons learned from the last RFP, and incorporates feedback received from elected official and community partners through community engagement and public meetings. Below is a summary of how this feedback was incorporated into the proposed RFP process.
A simplified application: Reduced the length of the application and tied it closely to the scope of work that will be developed in the contract process if funds are awarded. This will support less administrative burden on CBO’s and support a smoother review and contracting process.
Tiered funding structure: Tiers were maintained to continue to provide an opportunity for funding to be distributed through a variety of organizations with different levels of administrative infrastructure. See page 9 of the draft RFP. 25% cap on funding: No agency can apply for more than 25% of all RFP funding, as was done last round, to support a broader distribution of funding. Small tier funding limits: Agencies with revenue above $7.5 million are restricted from applying for Tier 3 (small grant) funding to support the intent of small size grants being more accessible to medium and smaller organizations.
Data collection requirements: Organizations will collect, or provide a plan to collect, unduplicated participant and disaggregated demographic data for the services provided through CORE funding. The data collection will allow for better tracking of outcomes & community benefit from CORE funding.
Agency services within the County: Organizations applying for funding must serve Santa Cruz County residents.
27.2 Conflict of Interest: The conflict of interest policy has been updated from the prior RFP to maximize diversity and community participation among the panelists. Scoring rubric: A detailed scoring rubric is included in the RFP materials. Leveraging of funds: Additional scoring weight for levering funds is available for proposals in Tier 1 and 2 (large and medium-sized grants). This design was to strike a balance between the interest to ensure small organizations could compete for funding, and elected officials’ desire to leverage funds as a means of bringing more money into the community.
RFP application informational questions: Questions were added to the RFP application that ask about the use of a grant writer, whether the program being proposed for funding is new or existing, and the size of the agency and proposed program budget. Past performance: Organizations must be eligible to receive funding from and contract with the County. Organizations whose past performance resulted in loss of the ability to contract with the County, would not be eligible for funding. Letter of intent: HSD will send a simple, electronic, Intent to Apply Survey to the CORE distribution list. It will ask organizations whether they intend to apply for CORE funding, and if so in what amount and under what CORE condition. The survey will be optional and is intended to help with review panel preparations. Set aside funding for elected officials: A portion of the RFP funding, 15%, will be set aside for elected officials to utilize following the recommended awards as a means to address unanticipated priorities.
Reduce staff discretion from 10% to 5%: During the last RFP, up to 10% of awarded proposals budgets could be trimmed to maximize CORE awards. In this draft RFP, the intent is to fund the entire budget of proposals recommended for award, though flexibility to make minor reductions of up to 5% of the proposal budget may be utilized to ensure all available funds are expended through recommended awards. Board member review of applications: This feedback is not included in the proposed RFP process. Under County procurement procedures, proposals are kept confidential until after the award and contracts are completed. All review panelists are required to maintain confidentiality during the process to reduce outside influence. If Board members became part of the review process, it would require all application materials to be made public, eliminating confidentiality and reducing objectivity in the scoring review process.
According to the Model Procurement Code for State & Local Governments, best practice is that in competitive procurements, proposals are reviewed under a standard process that is applied equally to all respondents, and proposals are not shared among the competing applicants. If Board members became part of the review process, it would require all application materials to be made public, eliminating confidentiality, and risking outside influence. Additionally, the City of Santa Cruz, partners in the CORE funding and RFP process, restricts City Councilmembers from sitting on proposal evaluation teams, and has documented the restriction in their bidding procedures.
Stable, Affordable Housing & Shelter
CORE is also an iterative process as it relates to collective impact by striving to align efforts and funding to improve outcomes. A unique opportunity exists in relation to Stable, Affordable Housing & Shelter to align the CORE funding with critical local projects and priorities. The CORE condition for affordable housing & shelter aligns with the existing strategic plan established through the Housing for Health Partnership (H4HP) and approved by the BOS. The H4HP is the county’s Continuum of Care, which includes representatives from cities and other community partners to focus on preventing and ending homelessness, and it is administratively
27.3 staffed by HSD’s Housing for Health Division (H4H). In addition to staffing the H4HP, H4H is in recurring meetings with the City of Santa Cruz on how to address unmet shelter needs. According to the last Point in Time count (PIT), there were about 1,800 people who were homeless in the County.
HSD, in partnership with City of Santa Cruz staff, recommend that a portion of CORE funding that would support affordable housing and shelter be removed from the CORE RFP, to be managed through the H4HP in alignment with already established priorities, specifically low barrier shelters with services, and homeless prevention.
Low barrier shelters, often referred to as “navigation centers,” are shown to have the greatest impact on helping people exit homelessness over other short-term interventions. Establishing three Low Barrier Navigation Centers (LBNCs) throughout the county has been a priority since the initial strategic plan was established. Funding has been an ongoing challenge for navigation center and other emergency shelter services, as State grants have been inconsistent and do not cover the cost of establishing and operating the centers. CORE, combined with a portion of future Measure K funds, is an opportunity for further progress on making the navigation centers become a reality through direct investment, and the ability to leverage local dollars for additional funds.
Preventing people from becoming homeless is also emerging as an urgently needed intervention.
Based on local data, there are 2-3 households that become homeless for every one that we help exit homelessness into housing.
There are also particular housing disparities and risks of homelessness in South County.
According to an Urban Institute mapping project, Mapping Neighborhoods with the Highest Risk of Housing Instability and Homelessness | Urban Institute <https://www.urban.org/datatools/mapping-neighborhoods-highest-risk-housing-instability-and-homelessness>, there are several census tracts in and around Watsonville that have some of the highest Emergency Rental Assistance Priority indices. The 2023 PIT count showed declines in homelessness countywide everywhere except Watsonville where there was a 15% increase. Additionally, the estimated percentage of people experiencing homelessness showed that 44% were Latino/Hispanic, which was the highest percentage of the demographic ever recorded in a Santa Cruz County.
Homelessness among households with children increased between 2022 and 2023 and rates of family homelessness are higher in the southern part of the County.
Building on the opportunity for collective impact and considering the data and demographics regarding loss of housing, three options for utilizing CORE funding for Safe, Affordable Housing and shelter are provided below.
Option #1 (Recommended)
Utilize $1.5M of CORE funding for shelter and homeless prevention services, to be managed by the Housing for Health Partnership (H4H) and allocated as follows. $750K for three Low Barrier Navigation Centers geographically distributed throughout the County.
o South County - $250K of County funds
o Mid County - $250K of County funds
o North County - $250K equally combined County and City funds
27.4 $250K for City Armory operations from equal contributions of County and City funds.
The Armory provides short-term shelter support while progress is made on long-term options.
$500K for South County prevention services from County funds.
Option #2
Utilize $1.5M of CORE funding for expanded shelter and unspecified stable, affordable housing services, with a portion managed by the Housing for Health Partnership (H4HP), and a portion managed through the existing CORE RFP process as allocated below.
$1M for expanded shelter funding geographically distributed throughout the county as described in Option #1, to be managed by the Housing for Health Partnership.
$500K managed through the CORE RFP process. Funds could be awarded for any proposal that falls under the CORE condition of Stable, Affordable Housing and Shelter.
Option #3
Award funds according to the CORE RFP process along with the other three CORE conditions, with no specific services procured and no specialized management of the final contracts.
HSD Recommends Option #1. Having the H4HP manage the funding for shelter and prevention services will align housing efforts under one umbrella for more consistent best practices, oversight and long-term tracking of outcomes by staff with expertise in the area of housing and homelessness.
Carve Outs
The draft RFP does not designate a certain dollar amount nor percentage of funding for specific services or organizations. Staff did not recommend any specific carve outs because all programs are important, and so we seek direction from our elected officials if there are priorities the Board or City Council want to carve out specifically from the CORE competitive procurement. For example, during the prior RFP, the Board and City Council chose to carve out a large-size grant for senior home delivered meals, so that whichever organization won the RFP from the local Area Agency on Aging (AAA), the same organization would receive CORE funding. Similar to the last RFP cycle, the timing of the CORE and AAA RFPs align.
For your consideration, the BOS and City Council also have the ability to delay any carve out decisions today, and instead offer direction at either of the next two Board and Council meetings planned for the Fall. The first will be in the early Fall, with a summary of applications received by tier across the CORE conditions, and the second will be in late Fall to propose recommend awards. You could also choose to utilize the 15% set aside for elected officials to fund priority services or organizations not recommended for award through the competitive process.
FISCAL IMPACT: Currently $4,878,853 County General Fund is allocated to CORE and is supplemented by $1,080,000 of City of Santa Cruz funds. This RFP assumes a continued minimum County General Fund contribution of $4,878,853, and $1,080,000 from the City of Santa Cruz. With the proposed recommendations at the existing level of total CORE funding of $5,958,853, $1,500,000 would be utilized for stable, affordable housing, and $668,828 would be
27.5 available to be used at the discretion of the elected officials. Funding available through the competitive RFP process would be $3,790,025.
Prepared and Submitted
by:
Approved by:
Laura Schmidt
Assistant City Manager
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT CORE RFP.PDF
27.6 ______________________________________________________________________ Request for Proposal (RFP) #20PX-XXX
FOR
Collective of Results and Evidence-based (CORE) Investments Funding Cycle Fiscal Year 2025-28
Virtual Applicant Conference June 20, 2024; 10 am-12 pm Pacific time Via Zoom (LINK)
Question Deadline 5:00 PM; Pacific time, June 28, 2024
Submit questions to [email protected]
Submittal Deadline 5:00 PM, Pacific Time, August 2, 2024 Proposal must be submitted by this Deadline.
Submittal Location Proposals will be submitted through the online portal (LINK) Contact Person Kimberly Petersen, Deputy Director
Human Services Department
Email [email protected]
Fax (831) 454-2710
COUNTY OF SANTA CRUZ
General Services Department
Purchasing Division
701 OCEAN STREET, SUITE 330, SANTA CRUZ, CA 95060-4073
(831) 454-2210 FAX: (831) 454-2710 TDD: 711
27.7 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #2 of 59 __________________________________________________________________________________
TABLE OF CONTENTS
Section Section Title Page(s)
1. Invitation 3
2. Instructions to Respondents
2.1 Preparation of Proposal 4
2.2 RFP Process Schedule 4
2.3 Submission of Proposal 5
2.4 Multiple Proposals 5
2.5 Late Responses 5
2.6 Conflict of Interest 5
2.7 Point of Contact 6
2.8 Non-Collusion Declaration 6
2.9 References 6
2.10 Proposal Evaluation Criteria 6
2.11 Reservations 7
2.12 Notification of Withdrawal of Proposals 7
2.13 Interpretation 7
2.14 Compliance 7
2.15 Addenda 8
2.16 Proprietary Information 8
2.17 Cost Liability 8
2.18 Protests and Appeals Procedures 8
3. Statement of Work, Specifications 9
4. Proposal Response Format 10-11
5. Exhibit A Non-Collusion Declaration 12
Exhibit B Insurance Information 13-14
Exhibit C Protests and Appeals Procedures 15
Exhibit D Independent Contractor Agreement 16-23
Exhibit E CORE Terms & Conditions 24-26
6. Appendix A Proposal Application 27
Appendix B Scoring Criteria 34
Appendix C CORE Overview 46
Appendix D Glossary of Terms 48
Appendix E CORE Training and Technical Assistance Plan 51 Appendix F Budget Template 53
Appendix G Leveraging Template 59
27.8 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #3 of 59 __________________________________________________________________________________ SECTION I. INVITATION
The County of Santa Cruz (County) invites sealed proposals for the Collective of Results and Evidence-based (CORE) Investments funding opportunity. This opportunity aims to uncover and address the root causes of inequities to advance the CORE Conditions of Health and WellBeing for all residents of the County. Proposals will be accepted from non-profit 501(c)(3) entities, federally recognized Tribal entities, and tax-exempt education entities. Nonprofit 501(c)(3) acting as fiscal sponsors or a lead fiscal agency are eligible to apply for the program(s) for which they provide fiscal oversight.
CORE Investments is a funding model and a movement to achieve equitable health and wellbeing in Santa Cruz County using a collective impact, results-based approach that is responsive to community needs. CORE Investments funds are largely derived from the County’s General Fund, with a portion of the CORE funding also being allocated from the City of Santa Cruz (City). The City will focus their funding on programs serving primarily City residents. The funding will be awarded to local, eligible agencies that provide a variety of services for individuals who are most impacted by systemic inequities such as racism and poverty. In order to capture evidence-based services linked to specific community-level results, all awardees will be required to use the Results Based Accountability™ (RBA)1framework to track and monitor program indicators and metrics:
• How much are programs/services able to achieve:
o Activities- How many services are provided.
o Unduplicated Participants- The number of people served and their demographics. • How well are programs/services provided:
o Quality Survey- All programs will conduct a participant survey asking how satisfied individuals are with the services they received. • Is anyone better off as a result of the program/services:
o Outcome Indicators- All programs are required to collect data on whether individuals are better off due to the services received.
Equity has been identified by both the City and the County as central to CORE Investments, and awarded programs focus on identifying inequities and addressing their root causes to advance the interconnected CORE Conditions of Health and Well-Being (Core Condition). The CORE Conditions of Health and Well-Being are the following service areas:
• Health & Wellness
• Lifelong Learning & Education
• Economic Security & Social Mobility
• Thriving Families
• Community Connectedness
• Healthy Environments
• Safe & Just Community
• Stable, Affordable Housing & Shelter
There is significant need in all areas of the CORE Conditions of Health and Well-Being in Santa Cruz County, but due to funding limitations services must be prioritized. As a result, for 1 https://clearimpact.com/results-based-accountability/
27.9 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #4 of 59 __________________________________________________________________________________ the Fiscal Year (FY)2025-28 award cycle the Board of Supervisors and Santa Cruz City Council directed Proposals be requested for the following categories:
• Lifelong Learning & Education
• Thriving Families
• Healthy Environments
• Stable, Affordable Housing and Shelter
To best align with the Homelessness Action Plan2created by the local Continuum of Care (CoC, known locally as the Housing for Health Partnership3), “Stable, Affordable Housing and Shelter” awards will be determined in a separate process, and announced in accordance with County Policies.
All submissions in response to this RFP will become the property of the County and may be subject to the California Public Records Act, with limited exceptions.
SECTION 2. INSTRUCTIONS TO RESPONDENTS
2.1 Preparation of Proposal
Respondents shall submit the completed Request for Proposals (RFP) with appropriate attachments or explanatory materials through the online Proposal portal. No paper, oral, telegraph, telephone, facsimile, emailed, or photocopied Proposals will be accepted.
Proposals must be completed online in the portal.
2.2 RFP Process Schedule
The anticipated RFP Process and Engagement Schedule follows. The County may change these dates and/or the RFP process if deemed necessary. If necessary, the County will publish such changes accordingly.
Activity Date
Advertise RFP – Sentinel & San Jose Mercury News 6/3/24 & 6/10/24 Release RFP 6/3/24
Applicant Conference (virtual) 6/21/24 (10 am-12 pm)
Applicant Question Deadline 6/28/24
Deadline for Submittals 8/2/24
Online Portal Technical Assistance Session 6/26/24 (11:00 am-12 pm) Individualized Online Portal Support Offered Email:
[email protected]
1st Question and Response Posting 6/21/24
2nd Question and Response Posting 7/8/24
2 https://housingforhealthpartnership.org/About/HousingforaHealthySantaCruzCounty.aspx 3 https://housingforhealthpartnership.org/
27.10 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #5 of 59 __________________________________________________________________________________ Training and TA Various dates offered sign up at CORE
website
Proposals Due Friday, 8/2/24 by 5:00 PM
Applicants informed if their Proposal is considered
incomplete or does not meet parameters
Tuesday, 8/13/24
Panel Review August-October 2024
County Board and City Council status update September/October 2024 County Board and City Council approve the list of
proposed awards and notices of intent to award are
submitted to awardees
November 2024
County Board and City Council adopt (and finalize)
awards
December 2024
Contracts approved January 2025- May 2025
2.3 Submission of Proposal
a. Respondent Agency shall submit Proposal via an online portal (LINK) b. The Proposal portal is a web/cloud-based digital tool for collecting, managing, and reviewing online Proposal submissions. Technical assistance on use of the Proposal portal is available. All respondents are required to utilize the online Proposal portal. c. The deadline to submit Proposals is 8/2/24 at 5:00 PM PST.
2.4 Multiple Proposals
If awarded, CORE Investments intends to fund the entire budget in a proposal, dependent on funding availability, though minor reductions of up to 5% of the proposal budget may be made to ensure all CORE funds are expended through recommended awards. In Section 3, Statement of Work Specifications on the available funding tiers and CORE Conditions are defined. While there is no limit to the number of Proposals submitted per agency, there are three key Proposal parameters related to budgeting with regard to multiple Proposals:
1. Agencies may not submit a Proposal for a program or project to more than one funding tier or more than one CORE Condition. The County reserves the right to interpret program repetition in Proposals regardless of program name, metrics, or demographic targets.
2. Agency Proposals submitted must not have an aggregate total of more than 25% of the total CORE award funding available across all funding tiers. For collaborative Proposals including multiple agencies, only the agency’s specific portion will be counted toward the aggregate total.
3. If an agency’s total revenue (as per the agency’s Statement of Activities or Statement of Revenues and Expenses or other similar documentation) exceeds $7.5 million, the agency may not apply for the Tier 3 funding category.
4. The County and City reserves the right to disallow one or more of Proposals due to any of the above criteria.
2.5 Late Responses
All responses to the RFP must submitted to the online portal no later than 8/2/24, at 5:00 PM PST. Respondent Agency will be solely responsible for the timely delivery of their Proposal. Proposals will not be accepted after the deadline.
2.6 Conflict of Interest
27.11 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #6 of 59 __________________________________________________________________________________ No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by an award if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, and member of their immediate family, partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
2.7 Point of Contact
All questions regarding this RFP shall be submitted in writing via email to [email protected]. No other contact has the authority to respond to any questions on behalf of the County. Failure to adhere to this process may disqualify the Respondent.
2.8 Non-Collusion Declaration
Respondent Agency shall execute a Non-Collusion Declaration on the form furnished by the County as Exhibit D.
2.9 References
Due to this RFP being for a non-specified service, the possibility of a wide awardee pool across many service areas, and the potential of significant cross-over in local Respondent Agencies, references will not be completed for this RFP.
2.10 Proposal Evaluation Criteria
A. It is the County’s intent to select the most responsive and responsible Respondent(s) that offer(s) the County the greatest value based on an analysis involving several criteria, including but not necessarily limited to the following:
Evaluation Criteria Points
1. Statement of Needs and Strengths
20 2. Proposed Approach: What should be done?
35 3. Proposed Approach: Who do you intend to serve? 15
4. Capacity to Provide Services 20
5. Program Budget 10
Total
100
Bonus Points for Leveraging Funds (Tier 1&2 only) 5 bonus points
B. Review panels shall be comprised of individuals who are not from agencies applying for funding. The panels may include individuals such as community leaders; staff of community agencies, local jurisdiction staff, local private funder staff; researchers; practitioners; individuals with lived experience; and public agency staff. The intent is to create panels that reflect Santa Cruz County in terms of equity dimensions (such as race/ethnicity, geography, age and/or experience serving certain age groups).
27.12 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #7 of 59 __________________________________________________________________________________ C. The County reserves the right to reject any or all RFPs. Award of contract is contingent upon approval from the Santa Cruz County Board of Supervisors, the Santa Cruz City Council, and funding availability.
2.11 Reservations
County reserves the right to take the following actions at any time:
a. Reject any and all proposals without indicating any reasons for such rejection; b. Waive or correct any minor or inadvertent defect, irregularity or technical error in the RFP or any RFP procedure or any subsequent negotiation process; c. Terminate the RFP and issue a new RFP anytime thereafter; d. Procure any services specified in the RFP by other means; e. Extend any or all deadlines specified in the RFP by issuance of an addendum (addenda) at any time prior to the deadline for submittals; f. Disqualify any Respondent Agency on the basis of any real or perceived conflict of interest or evidence of collusion that is disclosed by the proposal or by other means or other information available to County;
g. Reject the proposal of any Respondent Agency that is in breach of or in default under any other agreement with County;
h. Reject any Respondent Agency County deems to be non-responsive, unreliable, or unqualified
i. Accept all or a portion of a Respondent’s proposal;
j. Negotiate with any or no Respondents; and
k. Terminate failed negotiations with any Respondents without liability and negotiate with other Respondents.
2.12 Notification of Withdrawal of Proposal
Respondents or authorized representatives may, by formal written notice to the Contact Person (email is preferred), modify or withdraw responses prior to the deadline to submit RFP responses. All responses not withdrawn prior to this deadline will become the property of County.
2.13 Interpretation
Should any discrepancies or omissions be found in the RFP, the questions may be submitted according to RFP instructions. The County may issue written instructions or addenda to all participants in this RFP process. No oral statement of interpretation by County staff shall be binding. Questions must be received no later than the Question Deadline. All addenda issued shall be incorporated into the Contract.
2.14 Compliance
A. It is the responsibility of Respondent Agency to read ALL sections of this RFP prior to submitting a proposal.
B. Respondent Agency shall confirm compliance with all RFP specifications, requirements, terms and conditions. Respondent Agency shall provide, on company letterhead in attachment form, a detailed explanation including the RFP section and paragraph number for each instance of non-compliance.
C. Failure to comply with the RFP requirements provided herein could result in disqualification.
D. County may at its sole discretion elect to not reject a proposal due to an error, omission, or deviation in the proposal. Such an election by County will neither modify the RFP nor excuse Respondent Agency from full compliance with the specifications of the RFP
27.13 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #8 of 59 __________________________________________________________________________________ or any contract awarded pursuant to the RFP.
2.15 Addenda
A. These documents may not be changed by any oral statement. Changes to these documents will be by written addenda issued by the County.
B. Addenda will be posted on the General Services Department website. If/when necessary, the County will email written addenda to all known Respondents of record.
C. Respondents shall be responsible for ensuring that their proposals reflect any and all addenda issued by the County prior to the Deadline for Proposals regardless of when the proposals are submitted. All addenda issued shall be incorporated into the contract awarded as a result of this RFP.
2.16 Proprietary Information
Proposals will be subject to public inspection in accordance with the California Public Records Act (CPRA). To protect proprietary information, if any, Respondent Agency must clearly mark proprietary information as such, submit it in a separate sealed envelope and only reference it within the body of the proposal. Respondent Agency should not include in the proposal any material that Respondent Agency considers confidential but that does not meet CPRA disclosure exemption requirements. Respondent Agency shall be responsible to defend and indemnify the County from any claims or liability to compel disclosure of any part of its proposal claimed to be exempt from disclosure.
2.17 Cost Liability
Respondent Agency is solely responsible for all costs incurred in preparing for or submitting the Proposal.
2.18 Protests and Appeals Procedures
Refer to Exhibit C – Protest and Appeals Procedures.
27.14 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #9 of 59 __________________________________________________________________________________ SECTION 3. STATEMENT OF WORK, SPECIFICATIONS
Funding Approach
CORE awards will be prioritized within the following CORE Conditions and their definitions:
a. Lifelong Learning & Education: Equitable access to high-quality education and learning opportunities
b. Thriving Families: Increased resilience of children and youth c. Thriving Families: Increased resilience among older and dependent adults d. Healthy Environments: Safe, affordable, accessible recreation spaces CORE awards will be divided into CORE Conditions and funding Tiers as shown in the table below:
Funding Tiers
Tier level Lifelong Learning &
Education Thriving Families Healthy Environments
Tier 1
$150,001-$500,000 $150,001-$500,000 Non-Applicable
Tier 2
$25,001-$150,000 $25,001-$150,000 $25,001-$150,000
Tier 3 Up to $25,000 Up to $25,000 Up to $25,000
Requirements or Restrictions
CORE funding has the following requirement or restrictions:
1. If an agency’s total revenue (as per the agency’s Statement of Activities or Statement of Revenues and Expenses or other similar documentation) exceeds $7.5 million, the agency may not apply for the Tier 3 funding category.
2. No one Respondent Agency can apply for more than 25% of total CORE RFP funding available.
3. CORE funding must be utilized to serve Santa Cruz County residents.
4. CORE funded agencies are required to report semi-annually on their program activities and outcomes based on the Results Based Accountability framework. a. Programs are required to collect standardized client satisfaction data (survey provided by the county) of each program participant based solely on the CORE funding. The data is due at the end of each FY in the Annual Progress Report to measure the quality of CORE funded services.
b. Programs are required to submit unduplicated program participants and their demographic data annually based solely on the CORE funding. The data is due at the end of each FY in the Annual Progress Report to measure the impact of CORE funded services.
5. Tier 1 & Tier 2 Proposals that use CORE funding to leverage additional non-CORE funds may be granted “bonus” points.
6. Tier 3 Proposals will not be granted “bonus” points for leveraging CORE funding.
27.15 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #10 of 59 __________________________________________________________________________________ SECTION 4. Proposal Response Format
Proposal Instructions
These instructions are intended to summarize each section of the Proposal questionnaire as a courtesy to Respondent Agencies. Answers in these sections should identify participants and impacts specific to CORE funding only, regardless of any known or proposed leveraged funds.
Additional details can be found:
Appendix A: Proposal Outline
Appendix B: Scoring Criteria
Summary and Contact Information (not scored)
This section gathers the Respondent Agency’s information including but not limited to: Legal name of agency, primary address, proposed program budget, and whether an external/internal grant writer was used for the purpose of this RFP. The resulting information will be used to develop contracts for selected awardees.
Program Background (not scored)
Questions in this in this section reflect the proposed program synopsis including program history and what CORE Condition is most relevant to the program.
Statement of Needs and Strengths: Why do it (20 points total) Questions in this section refer to how inequities contribute to the need, challenge, or issue the program will address and who does it impact. Respondents will include and identify relevant data from secondary sources and/or primary sources to explain the need, challenge, or issue. In addition, respondents will identify existing community strengths and/or assets such as community Champions, steering committees and/or local initiatives, that may support your program goal(s).
Proposed Approach: What should be done? (35 points total) Questions in this section provide an opportunity to describe the program or service, the activities of the program or service, measuring participant satisfaction, and up to three outcome measures.
These responses should refer to and build upon the inequities, needs, and strengths identified in the previous sections. Please Note:
• Question #8: adding multiple activities does not equate to receiving more potential points. A program with one activity can score higher, the same, or less than a program with six activities.
• Question #9: If you intend to serve people that may have reservations or are reluctant to provide demographic data, please share creative strategies and approaches your program will utilize to capture the required data.
Proposed Approach: Who do you intend to serve? (15 points total) Questions in this section provide an opportunity to describe who the program will serve, detailing the unduplicated number of clients served and their demographics. Proposals will be scored on how they will collect client and demographic data, and the percentage of clients to be served who live below the current Federal Poverty Level. If the intended program will use multiple funding sources, please explain how your program intends to exclusively track and sort CORE participants/funding for the purpose of submitting the required data.
27.16 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #11 of 59 __________________________________________________________________________________ Capacity to Provide Services (20 points total)
Questions in this section provide an opportunity to describe program implementation by the contract start date and the experience or qualifications of the staff overseeing the program, especially with regard to addressing the inequities and leveraging the strengths identified in previous sections.
Program Budget (10 points total)
Programs are required to use the provided budget template for this section and will describe the program budget details on the template. In the description of the budget items, Respondent Agencies should clearly explain how the budget supports the activities and outcomes that address the inequities and needs identified. There is a cap of 15% on Administrative Overhead for the proposed budget in the budget template.
Leveraging Funds (Tier 1 & 2 Proposals only, 5 “bonus” points available) Proposals in Tiers 1 & 2 have an opportunity for “bonus” points if they demonstrate leveraging CORE funds, an associated template (Exhibit G) must be completed and submitted to demonstrate leveraging as per the definition provided. Proposals in Tier 3 will not be asked about leveraging funds and will not receive bonus points for leveraging funds. Note: If a program is awarded based on being able to leverage funding, the County reserves the right to reevaluate, rescind, and amend awarded funding if the intended leveraging opportunity does not come into fruition.
27.17 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #12 of 59 __________________________________________________________________________________ SECTION 5. EXHIBITS
Exhibit A
Non-Collusion Declaration
TO BE EXECUTED BY RESPONDENT AGENCY AND SUBMITTED WITH
Proposal
I,_____________________________________________________________, am the (Name)
_________________________________ of _________________________________, (Position/Title) (Company)
the party making the foregoing Proposal that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Respondent Agency has not directly or indirectly induced or solicited any other Respondent Agency to put in a false or sham Proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any Respondent Agency or anyone else to put in a sham Proposal, or that anyone shall refrain from bidding; that the Respondent Agency has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Respondent Agency or any other respondent, or to fix any overhead, profit, or cost element of the bid price, or of that of any other respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Respondent Agency has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
(Date) Signature of Authorized Representative
Name of Respondent Agency Title of Authorized Representative
27.18 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #13 of 59 __________________________________________________________________________________
EXHIBIT B
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS & CERTIFICATES
Indemnification for Damages, Taxes and Contributions
In conjunction with work performed at and/or for County, to the fullest extent permitted by applicable law, Respondent Agency shall exonerate, indemnify, defend, and hold harmless County (which for the purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:
i. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur, or which may be imposed upon it as a result of, arising out of, or in any manner connected with the RESPONDENT’S performance under the terms of this Permit, excepting any liability arising out of the sole negligence of the COUNTY.
Such indemnification includes any damage to the person(s), or property(ies) of RESPONDENT AGENCY and third persons.
ii. Any and all Federal, State, and Local taxes, charges, fees, or contributions required to be paid with respect to RESPONDENT AGENCY and RESPONDENT’S officers, employees and agents engaged in the performance of this Permit (including, without limitation, unemployment insurance, social security and payroll tax withholding).
Insurance
RESPONDENT, at its sole cost and expense, for the full term of this Permit (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in excess of RESPONDENT’S insurance coverage and shall not contribute to it. If RESPONDENT AGENCY normally carries insurance in an amount greater than the minimum amount required by the COUNTY for this Permit, that greater amount shall become the minimum required amount of insurance for purposes of this Permit. Therefore, RESPONDENT AGENCY hereby acknowledges and agrees that any and all insurances carried by it shall be deemed liability coverage for any and all actions it performs in connection with this Permit. Insurance is to be obtained from insurers reasonably acceptable to the COUNTY.
If RESPONDENT AGENCY utilizes one or more subcontractors in the performance of this Permit, RESPONDENT AGENCY shall obtain and maintain RESPONDENT’s Protective Liability insurance as to each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required of RESPONDENT AGENCY in this Permit, unless RESPONDENT AGENCY and COUNTY unless modified or waived by COUNTY.
1. Types of Insurance and Minimum Limits
a. Worker’s Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall be required unless the Respondent Agency has no employees and certifies to that fact.
b. Automobile Liability Insurance for each of Respondent’s vehicles used in the performance of Permit, including owned, non-owned (e.g., owned by Respondent’s employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage is required unless the Respondent Agency does not drive a vehicle in conjunction with any part of the performance of Permit and Respondent Agency and County both certify to that fact.
27.19 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #14 of 59 __________________________________________________________________________________ c. Comprehensive or Commercial General Liability Insurance coverage at least as broad as the most recent ISO Form CG 00 01 with a minimum limit of $1,000,000 per occurrence, and $1,000,000 in the aggregate, including coverage for: (a) products and completed operations, (b) bodily and personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
d. Professional Liability Insurance in the minimum amount, to be determined by Respondent Agency and County as applicable, combined single limit.
2. Other Insurance Provisions
a. As to all insurance coverage required herein any deductible or self-insured retention exceeding $5,000 shall be disclosed to and be subject to written approval by County. b. If any insurance coverage required in Permit is provided on a “Claims Made” rather than “Occurrence” form, Respondent Agency agrees that the retroactive date thereof shall be no later than the date first written above (in the first paragraph on page 1), and that it shall maintain the required coverage for a period of three (3) years after the expiration of Permit (hereinafter “post Permit coverage”) and any extensions thereof. Respondent Agency may maintain the required post Permit coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post Permit coverage being both available and reasonably affordable in relation to the coverage provided during the term of Permit. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of Permit in order to purchase prior acts or tail coverage for post Permit coverage shall be deemed to be reasonable. c. All policies of Comprehensive or Commercial General Liability Insurance shall be endorsed to cover the County of Santa Cruz, its officials, employees, agents and volunteers as additional insureds with respect to liability arising out of the work or operations and activities performed by or on behalf of Respondent, including materials, parts or equipment furnished in connection with such work or operations. Endorsements shall be at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01, covering both ongoing operations and products and completed operations. d. All required policies shall be endorsed to contain the following clause:
This insurance shall not be canceled until after thirty (30) days’ prior written notice (10 days for nonpayment of premium) has been given to the permitting department.
Should Respondent Agency fail to obtain such an endorsement to any policy required hereunder, Respondent Agency shall be responsible to provide at least thirty (30) days’ notice (10 days for nonpayment of premium) of cancellation of such policy to the County as a material term of Permit
e. Respondent Agency agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide County on or before the effective date of Permit with Certificates of Insurance and endorsements for all required coverages. However, failure to obtain the required documents prior to the work beginning shall not waive the Respondent’s obligation to provide them. All Certificates of Insurance and endorsements shall be delivered or sent to the permitting department. f. Respondent Agency hereby grants to County a waiver of any right of subrogation which any insurer of said Respondent Agency may acquire against the County by virtue of the payment of any loss under such insurance. Respondent Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.
27.20 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #15 of 59 __________________________________________________________________________________
EXHIBIT C
PROTESTS AND APPEALS PROCEDURES
Protests and Appeals to the County General Services Director Protests and appeals in connection with this solicitation are to be submitted to the Santa Cruz County General Services Director, who will coordinate and consult as needed with the Santa Cruz County Human Services Director, City of Santa Cruz Manager and/or Assistant and jurisdictional legal counsel. The appeal process provided herein applies solely to decisions of the Department on this CORE RFP.
Organizations shall submit their protest and/or appeal in writing within five (5) working days from the date the notification of decision is emailed by the county. The Protest and/or appeals shall state the reason(s) for such action, stating all relevant facts, information, and evidence, and note as applicable, any of the following:
• A determination or interpretation is not in accord with the solicitation, • There was an error or abuse of discretion,
• The record includes inaccurate information, or
• A decision is not supported by the record.
New or supplemental information not included in the original submission will not be considered in the protest or appeal. No applicant shall have the right to protest and/or appeal a decision related to another organization’s submission.
Protests and appeals are preferred to be submitted by email to:
[email protected]
Or by U.S.P.S or other reliable mail carrier to:
General Services Department
Purchasing Division, Att: CORE RFP
701 Ocean Street, Suite 330
Santa Cruz, CA 95060
Upon receipt of an appeal and following consultation with those named above, the General Services Director shall issue a final, written decision within five (5) working days after receipt of the protest via e-mail or written letter with an explanation of the Director’s determination.
Final Funding Decisions
At the public meetings finalizing CORE awards, held in December, the Board of Supervisors and City Council will adopt the final awards and come to a final decision on all CORE RFP award funding.
27.21 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #16 of 59 __________________________________________________________________________________
EXHIBIT D
INDEPENDENT CONTRACTOR AGREEMENT (EXAMPLE)
(NON-PROFIT)
This Contract, which is effective on the date it is fully executed, is between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and (enter contractor name), hereinafter called CONTRACTOR. The parties agree as follows:
1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following results: (enter scope of work) as described in Exhibit A – Scope of Work, for the County of Santa Cruz Human Services Department (hereinafter “the project”).
2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed $(enter amount of contract) as outlined in Exhibit B – Budget, processed for payment in full after completion of the project, receipt of invoice, and approval of project manager [OR] after receipt and project manager approval of monthly invoices based upon the amount of actual progress achieved on the project during the preceding month.
3. TERM. The term of this Contract shall be: July 1, 2023 through June 30, 2024. If this Contract is placed on the County’s Continuing Agreement List before the Contract term expires, the parties agree to extend the terms and conditions of the Contract as set forth herein, and as reflected in any executed amendment hereto, until the Contract is thereafter terminated.
4. EARLY TERMINATION. Either party hereto may terminate this Contract at any time by giving thirty (30) days’ written notice to the other party.
5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.
CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:
A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the CONTRACTOR’S performance under the terms of this Contract, excepting any liability arising out of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.
B. Any and all Federal, State, and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees and agents engaged in the performance of this Contract (including, without limitation, unemployment insurance, social security and payroll tax withholding).
6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by
27.22 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #17 of 59 __________________________________________________________________________________ COUNTY shall be considered in excess of CONTRACTOR’S insurance coverage and shall not contribute to it. If CONTRACTOR normally carries insurance in an amount greater than the minimum amount required by the COUNTY for this Contract, that greater amount shall become the minimum required amount of insurance for purposes of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shall be deemed liability coverage for any and all actions it performs in connection with this Contract.
If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract, CONTRACTOR shall obtain and maintain Contractor’s Protective Liability insurance as to each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required of CONTRACTOR in this Contract, unless CONTRACTOR and COUNTY both initial here / ____.
A. Types of Insurance and Minimum Limits
(1) Workers’ Compensation Insurance in the minimum statutorily required coverage amounts. This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to this fact by initialing here . (2) Automobile Liability Insurance for each of CONTRACTOR’S vehicles used in the performance of this Contract, including owned, non-owned (e.g., owned by CONTRACTOR’S employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage is required unless the CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTY both certify to this fact by initialing here / ____.
(3) Comprehensive or Commercial General Liability Insurance coverage at least as broad as the most recent ISO Form CG 00 01 with a minimum limit of $1,000,000 per occurrence, and $2,000,000 in the aggregate, including coverage for: (a) products and completed operations, (b) bodily and personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.
(4) Professional Liability Insurance in the minimum amount of $______________ combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY ____ / .
B. Other Insurance Provisions
(1) If any insurance coverage required in this Contract is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees that the retroactive date thereof shall be no later than the date first written above (in the first paragraph on page 1), and that it shall maintain the required coverage for a period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during
27.23 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #18 of 59 __________________________________________________________________________________ the term of this Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable.
(2) All policies of Comprehensive or Commercial General Liability Insurance shall be endorsed to cover the County of Santa Cruz, its officials, employees, agents and volunteers as additional insureds with respect to liability arising out of the work or operations and activities performed by or on behalf of CONTRACTOR, including materials, parts or equipment furnished in connection with such work or operations. Endorsements shall be at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01, covering both ongoing operations and products and completed operations.
(3) All required insurance policies shall be endorsed to contain the following clause:
“This insurance shall not be canceled until after thirty (30) days’ prior written notice (10 days for nonpayment of premium) has been given to:
Santa Cruz County
Human Services Department
Attn: Centralized Contracts Unit
1040 Emeline Avenue
Santa Cruz, CA 95060
Should CONTRACTOR fail to obtain such an endorsement to any policy required hereunder, CONTRACTOR shall be responsible to provide at least thirty (30) days’ notice (10 days for nonpayment of premium) of cancellation of such policy to the COUNTY as a material term of this Contract.
(4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates of Insurance and endorsements for all required coverages. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. All Certificates of Insurance and endorsements shall be delivered or sent to:
Santa Cruz County
Human Services Department
Attn: Centralized Contracts Unit
1040 Emeline Avenue
Santa Cruz, CA 95060
(5) CONTRACTOR hereby grants to COUNTY a waiver of any right of subrogation which any insurer of said CONTRACTOR may acquire against the COUNTY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the COUNTY has received a waiver of subrogation endorsement from the insurer.
7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Contract, CONTRACTOR agrees as follows:
27.24 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #19 of 59 __________________________________________________________________________________ A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.
B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:
(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods and services. Definitions for Minority/Women/Disabled Owned Business Enterprises are available from the COUNTY General Services Purchasing Division. (2) In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further contracts with the COUNTY. (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers’ compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.
PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the manner and means of accomplishing the result contracted for.
27.25 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #20 of 59 __________________________________________________________________________________ SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employer-employee relationship; and (j) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors that indicate that CONTRACTOR is an independent contractor.
By their signatures on this Contract, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.
9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior written consent of the COUNTY.
10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.
11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinent to this Contract for a period of not less than five (5) years after final payment under this Contract or until a final audit report is accepted by COUNTY, whichever occurs first.
CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller-Treasurer-Tax Collector, the State Auditor of the State of California, or the designee of either for a period of five (5) years after final payment under this Contract.
12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.
13. ATTACHMENTS. Should a conflict arise between the language in the body of this
Contract and any attachment to this Contract, the language in the body of this Contract controls.
This
Contract includes the following attachments:
Exhibit A – Scope of Work
Exhibit B – Budget
Exhibit C – Data Privacy and Security Confidentiality Agreement Exhibit D – Non-Discrimination Assurance of Compliance
27.26 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #21 of 59 __________________________________________________________________________________
14. LIVING WAGE. This Contract is covered under Living Wage provisions if this section is initialed by COUNTY_____________.
If Item # 14 above is initialed by COUNTY, then this Contract is subject to the provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate requirement of this chapter, but are not exempt from, and must adhere to, the “nonwage” related requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the term of the Contract will be considered a material breach, and may result in termination of the Contract and/or pursuit of other legal or administrative remedies.
CONTRACTOR agrees to comply with Santa Cruz County Code section
2.122.140, if applicable.
15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS.
The following requirements shall be met, in addition to any other requirements of this Contract:
A. WEB LINKS – If a non-profit CONTRACTOR has an organizational web site, it shall be a requirement of this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web sites.
16. MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES.
Each of the following requirements shall be met, in addition to any other requirements of this Contract.
A. Within 180 days of the end of each of the CONTRACTOR’S fiscal years occurring during the term of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of Financial Statements relating to the entirety of the CONTRACTOR’S operations. Financial statements normally include: (1) a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The Contract Administrator will forward one copy of the financial statements to the Santa Cruz County AuditorController-Treasurer-Tax Collector (“ACTTC”). (1) For the purposes of this paragraph, “CONTRACTOR’S fiscal year” shall be that period the CONTRACTOR utilizes for its annual budget cycle. (2) The Contract Administrator with concurrence of the ACTTC may agree to extend the deadline for the Financial Statements required by this paragraph.
B. In the sole discretion of the County, the requirements of this paragraph may be exempted where the Contract Administrator and the ACTTC ascertain that such reporting is not essential, and both certify to its inapplicability by initialing here ____ (Aud); ____ (CA).
27.27 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #22 of 59 __________________________________________________________________________________ C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator with timely notice of any event or circumstance that materially impairs the CONTRACTOR’S financial position or substantially interferes with the CONTRACTOR’S ability to offer the services it has agreed to provide as set forth in this Contract. The Contract Administrator shall notify the ACTTC of any impairment upon being notified by the contractor.
D. For audit authority of the ACCTC refer to the paragraph on “Retention and Audit of Records.”
17. NON-BINDING UNTIL APPROVED. Regardless of whether this Contract has been signed by all parties, if the total compensation identified in Paragraph 2 of this Contract is greater than $100,000, this Contract is not binding on any party until the Contract has been approved by the Santa Cruz County Board of Supervisors.
18. MISCELLANEOUS. This written Contract, along with any attachments, is the full and complete integration of the parties’ agreement forming the basis for this Contract. The parties agree that this written Contract supersedes any previous written or oral agreements between the parties, and any modifications to this Contract must be made in a written document signed by all parties. The unenforceability, invalidity or illegality of any provision(s) of this Contract shall not render the other provisions unenforceable, invalid or illegal. Waiver by any party of any portion of this Contract shall not constitute a waiver of any other portion thereof.
Any arbitration, mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa Cruz. This Contract shall be governed by, and interpreted in accordance with, California law.
27.28 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #23 of 59 __________________________________________________________________________________
SIGNATURE PAGE
Contract No. 24________________
INDEPENDENT CONTRACTOR AGREEMENT
(NON-PROFIT)
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.
2. (ENTER CONTRACTOR NAME) 4. COUNTY OF SANTA CRUZ
By: ______________________________ By: ___________________________
SIGNED SIGNED
______________________________ Randy Morris, Director_________
PRINTED PRINTED
Address Human Services Department
Address
Phone
Email
3. APPROVED AS TO INSURANCE: 1. APPROVED AS TO FORM:
_______________________________ __________________________ Risk Management Office of the County Counsel
DISTRIBUTION:
• Human Services Department
• Auditor-Controller-Treasurer-Tax Collector
• Risk Management
• Contractor
27.29 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #24 of 59 __________________________________________________________________________________
EXHIBIT E
CORE TERMS & CONDITIONS (EXAMPLE)
I. CONTRACTOR RESPONSIBILITIES
A. Budget and Invoicing
1. CONTRACT is for three fiscal years, FY 2022-23, FY 2023-24, and FY 2024-25. A budget is detailed for each fiscal year (FY). No unspent funds can be rolled over to the next FY, unless directed by the Board of Supervisors and documented in an approved contract amendment.
2. CONTRACTOR shall be permitted transfers between budget categories by submitting a request in writing to the COUNTY. Upon review of the request, COUNTY may execute a budget modification transferring amounts totaling 30% or less of the total budget. Transfers between budget categories totaling more than 30% of the budget may be made only upon execution of a contract amendment approved by the Board of Supervisors. Budget modification requests must be made by CONTRACTOR to COUNTY at least 15 business days prior to the proposed affected billing cycle or no later than May 1 for changes proposed for the following FY. A requested budget modification shall only be effective upon written County approval.
3. CONTRACTOR shall invoice for services quarterly on a COUNTY provided template and/or webbased database, as outlined in the CORE Contract Procedures provided by the COUNTY annually. a. Unspent funds must be returned to the COUNTY via a credit memo. CONTRACTOR shall reconcile funding received against funding spent in Quarter 4 (April-June) of each FY. A Quarter 4 invoice shall be submitted timely by the CONTRACTOR to ensure that all funding received was spent.
b. CONTRACTORS that are non-profit, community-based organizations granted tax-exempt status under Internal Revenue Code Section 501 may request a one quarter “advance” per FY at the onset of the FY.
B. Services and Progress Reporting
1. CONTRACTOR shall submit Semi-Annual Progress Reports using a template provided by the COUNTY and as outlined in the CORE Contract Procedures provided by the COUNTY annually.
Reports shall reflect progress on program activities, quality measures and outcomes as well as narrative information. CONTRACTOR is to submit the reports by January 31 and July 31 of each FY, or within 30 days of receipt of the COUNTY provided template. a. Failure to submit Semi-Annual Reports by the dates due may result in the withholding of payment for invoices until the report is submitted and confirmed to be complete. b. The COUNTY reserves the right to request additional reports as needed. c. Information provided within the Semi-Annual Reports or other COUNTY requested reports shall not be considered confidential and may be shared by the COUNTY to other jurisdictions as deemed necessary.
d. The Semi-Annual Progress Report due July 31 shall include the following additional information:
i. CONTRACTOR shall collect age, ethnicity, gender, language, and zip code information from all program participants throughout the FY and submit this information with the report due July 31.
ii. CONTRACTOR shall use the following Quality of Service measure: “80% of CORE program participants will report being either “satisfied” or “very satisfied”
27.30 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #25 of 59 __________________________________________________________________________________ with program services as measured by a one-question participant survey completed by June 30th of each fiscal year.”
1. CONTRACTOR shall use the COUNTY provided quality measure form to complete the survey. CONTRACTOR may use their own form only if the survey question and response options are identical to the COUNTY quality measure form.
2. CONTRACTOR shall submit the count of how many participants completed the survey and the percentage for each response option along with the report due July 31.
2. CONTRACTOR shall submit all performance measurement tools or analysis to the COUNTY upon request.
3. CONTRACTOR shall participate in COUNTY’s monitoring of agency and program performance under the terms of this agreement. Monitoring shall include but is not limited to: review of reports or on-site visits as requested. Upon receipt of any related notices and/or recommendations from COUNTY as a result of monitoring activity, CONTRACTOR shall review and respond in writing within 10 business days. Failure to respond timely may result in the withholding of payment for invoices until a response is received.
4. CONTRACTOR shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments in operating these programs.
5. CONTRACTOR shall participate in trainings hosted by the COUNTY at the COUNTY’s requests
6. CONTRACTOR shall comply with site inspection of facilities which may be performed by the County and an evaluation committee to ascertain that facilities and equipment are in accordance with the requirements and intentions of the specifications.
II. COUNTY RESPONSIBILITIES
A. This Agreement is valid and enforceable only if sufficient funds are available to the COUNTY for the fiscal year for the purposes of these services. Funding shall be confirmed during the Board of Supervisor Budget Hearings during June of each FY.
B. COUNTY will submit annual CORE Contract Procedures to CONTRACTOR at the onset of each fiscal year which will detail key due dates, COUNTY contact information and how and where to send invoices and reports.
C. COUNTY will provide all templates and/or a web-based databases for reporting or invoicing, as outlined in the CORE Contract Procedures provided by the COUNTY annually.
III. ADDITIONAL TERMS AND CONDITIONS
A. Corrective Action: CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein.
CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may result in the withholding of payment on invoices and/or termination of the contract (see Independent Contractor Agreement, section 4, Early Termination).
B. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services are maintained,
27.31 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #26 of 59 __________________________________________________________________________________ which includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff shall be replaced within 90 days of the start of staffing vacancies.
C. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., executive director, manager of contracted program, direct service staff), CONTRACTOR shall report changes to the COUNTY within 10 business days of occurrence.
D. Instruction: CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this agreement. CONTRACTOR shall train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.
E. Publicity and Outreach: CONTRACTOR shall agree to obtain COUNTY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. CONTRACTOR shall ensure that the COUNTY Human Services Department logo and name are included on all contracted program marketing materials and will obtain these directly from COUNTY authorized staff for approved uses.
F. Media Inquiries: Should the CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify HSD's Public Information Officer (PIO) of the inquiry, at 831-454-4527 or [email protected]. Press/media may also be referred directly to the PIO for additional information. When communicating with press/media regarding the services provided through this contract, the CONTRACTOR shall also specify that the contracted program(s) receive(s) funding from the County of Santa Cruz, Human Services Department.
G. For any services involving or relating to foster care youth, CONTRACTOR shall ensure all employees, volunteers, agents, and officers comply with Welfare and Institutions Code section 827 et seq. regarding the confidential nature of foster youth information, and shall inform all employees, agents, and officers that any person knowingly and intentionally violating section 827 is guilty of a misdemeanor. CONTRACTOR may receive information that is confidential as a member of a foster youth’s multidisciplinary team as permitted under Welfare and Institutions Code section 827(a)(1)(K) but shall not further disclose any such information to any third party unless authorized by the juvenile court or as otherwise permitted by law. This confidentiality provision shall survive the termination, expiration, or cancellation of the Agreement.
27.32 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #27 of 59 __________________________________________________________________________________ SECTION 6. APPENDIX
Appendix A: Proposal Application
CORE Investments RFP Application
A. Summary and Contact information:
a. Legal Name of Agency:
b. Federal Tax ID:
c. Name of Program/Project, if different from Agency:
d. Head of Agency
e. Primary Address
f. Primary Telephone
g. Website
h. Program Address, if different from above
i. Primary Program Contact Name:
i. Telephone
ii. Email
j. Entity Type (501 c3 or educational entity)
k. Total Agency Revenue
l. Proposed Program Budget
m. Amount of CORE Funding Requested (select one)
i. Up to $25,000
ii. Between $25,001 and $150,000
iii. Between $150,001 and $500,000
n. Provide exact amount of CORE funding requested
o. Does your organization have a dedicated grant writer on staff who helped respond to the RFP? Y/N
p. Did your organization contract with an external grant writer who helped respond to this RFP? Y/N
q. Please include the following documents: (1) a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of Revenues and Expenses; (3) a Cash Flow Statement; (4) a Statement of Functional Expenses; and (5) W9 Proposed Program Overview and the
Results Based Accountability (RBA) Framework
This application requires you to explain the workings of your program including your goals, equity considerations, population(s) you intend to serve, proposed activities, program outcome indicators, and organizational capacity. For programs that are selected to be funded, a Results-Based Accountability (RBA) framework will be used to collect and measure data on program progress focused on: activities and participants, how much programs were able to achieve, how well services were provided, and is anyone better off because of program services. You will be required to capture demographic data and to survey program participants or beneficiaries.
27.33 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #28 of 59 __________________________________________________________________________________ RBA Framework
1. How much the program has accomplished.
• Activities- How many services were provided.
• Unduplicated Participants- The number of people served and their demographics.
2. How well the program accomplished its goals.
• Quality Survey- All programs conducted a participant survey asking how satisfied people were with the services they received.
3. Is anyone better off?
• Outcome Indicators- All programs were required to collect data on whether participants were better off from the services they received.
Program Background (These answers are not scored)
1. Please provide a brief description of the program you are requesting to fund in FY 2025-
28. (Character limit: 600, includes spaces)
2. Is the program for which you are applying for CORE funding a new or existing program at your agency?
a. New
b. Existing Program
i. How many years has your agency provided this program? (Character limit:
25, includes spaces)
3. Please select one CORE Condition for Health and Well-being and associated Impact Statement that the program will primarily impact. Although all CORE Conditions are interconnected, please select the condition that is most relevant to your work. a. Lifelong Learning & Education: Equitable access to high-quality education and learning opportunities. For more information on this Impact Statement click here. b. Thriving Families: Increased resilience of children and youth. For more information on this Impact Statement click here.
c. Thriving Families: Increased resilience among older and dependent adults. For more information on this Impact Statement click here.
d. Healthy Environments: Safe, affordable, accessible recreation spaces. For more information on this Impact Statement click here.
Statement of Needs and Strengths: Why do it?
(This section is worth 20 points; see individual question totals) In your responses, please consider both the CORE information on equity provided in the RFP and the County of Santa Cruz’s Equity Statement, which is as follows:
“Equity in action in Santa Cruz County is a transformative process that embraces individuals of every status, providing unwavering support, dignity, and compassion.
Through this commitment, the County ensures intentional opportunities and access, fostering an environment where everyone can thrive and belong.”
27.34 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #29 of 59 __________________________________________________________________________________
4. How do inequities contribute to the need, challenge, or issue the program will address and who does it impact. Include and identify relevant data from secondary sources (such those listed on DataShare https://www.datasharescc.org or other websites) and/or primary sources (such as staff or participant surveys, town halls, or focus groups). Be sure the needs, challenges, or issues you describe are related to the CORE Condition and Impact Statement you selected above. (15 points; Character limit: 3,000, includes spaces)
5. Describe the community strengths or assets that can be leveraged by your program to help address the inequities described in Question 4. (5 points; Character limit: 1,000, includes spaces)
Proposed Approach: What should be done?
(This section is worth 35 points; see individual question totals)
6. Describe in detail the program or service you are proposing that will address the inequities contributing to the need, challenge, or issue described above and relates to your selected CORE Condition and Impact Statement. (10 points; Character limit: 2,000, includes spaces).
7. Please choose your program’s place on the CORE Investments Continuum of Results and Evidence (This answer not scored.):
a. Emerging
b. Good Idea
c. Effective Practice
d. Evidence-based Practice
8. Explain the key activities you will provide as part of your proposed program. The activities should align to the Program Description and Statement of Needs and Strengths.
The program should include at least one activity but may include up to six activities. (10 points total)
a. Describe each activity or service and how it will make an impact on the needs and strengths (Character limit: 1,000 per activity, includes spaces) b. Provide the total number of activities or services during the contract term of FY 25-28. These should be stated “in counts” (e.g., 100 counseling sessions) (Character limit of 100, includes spaces)
c. Fiscal year (FY) implementation of activity or service (choose one):
i. FY 2025-26
ii. FY 2026-27
iii. FY 2027-28
9. Programs are required to collect standardized client satisfaction data (survey provided by the county) of each program participant based solely on the CORE funding. The data is due at the end of each FY in the Annual Progress Report to measure the quality of CORE funded services. Describe how your program will provide the client satisfaction questions to the people served. (5 points; Character limit: 1,000, includes spaces)
27.35 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #30 of 59 __________________________________________________________________________________
10. Provide up to three outcome measures you will use to track that your program or services will work as intended. These should be specific measurable accomplishments you hope to achieve that link to the CORE Condition and Impact Statement you plan to address in your program. Use the SMARTIE format (Specific, Measurable, Action Oriented, Relevant, Time Bound, Inclusive, and Equitable) (10 points; Character limit for each outcome: 400, includes spaces)
Examples of how this would read are:
Expand nutrition program for older adults into three new community centers by the end of June 2026, with the consultation of community members that are representative of the community (by age, gender, race and other characteristics found in Census data) advising the expansion.
or
In FY 2025-26, the program will provide families who identify as Hispanic or Latino with financial literacy classes in Spanish and 90% of families who complete the course will open a checking or savings account with a local bank.
Proposed Approach: Who do you intend to serve?
(This section is worth 15 points, see individual question totals)
11. Please estimate the total unique number of unduplicated participants (i.e., # served) by Fiscal Year. Numbers do not need to be exact, however they should reflect the estimated unduplicated participants intended to be served by this CORE funding request only, not other program or grants. If your program will use multiple funding sources, please estimate the participants served through CORE funding only. (This answer not scored.) Year Unique # of CORE funded
Participants
FY 2025-26 Click or tap here to enter text.
FY 2026-27 Click or tap here to enter text.
FY 2027-28 Click or tap here to enter text.
12. During the CORE Contract Cycle for Fiscal Year (FY) 25-28, please estimate the unduplicated participants you expect to serve by the demographic categories below.
Demographic goals can exceed 100% for the race/ethnicity and gender because participants may select all that apply.
Please note: Answers, including estimated participants, will be used to inform the resulting contract, if an award is granted to the program. If you are not providing direct services to community members please fill in the below sections with estimates of program population impact. This should be as specific as possible. (Answers to these tables not scored.)
27.36 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #31 of 59 __________________________________________________________________________________ Age Percentage
0-5 Click or tap here to enter text.%
6-18 Click or tap here to enter text.%
19-59 Click or tap here to enter text.%
60 and over Click or tap here to enter text.%
Total 100%
Ethnicity Percentage
African American Click or tap here to enter text.%
Asian Click or tap here to enter text.%
Hispanic/Latino Click or tap here to enter text.%
Multi-racial Click or tap here to enter text.%
Native American/Alaskan Click or tap here to enter text.% Native Hawaiian/Pacific Islander Click or tap here to enter text.% White Click or tap here to enter text.%
Other: Click or tap here to enter text. Click or tap here to enter text.% Totals May Exceed 100%
Gender Percentage
Female Click or tap here to enter text.%
Male Click or tap here to enter text.%
Transgender - Female Click or tap here to enter text.% Transgender - Male Click or tap here to enter text.%
Other: Click or tap here to enter text. Click or tap here to enter text.% Totals May Exceed 100%
Primary Language Percentage
English Click or tap here to enter text.%
Spanish Click or tap here to enter text.%
Other: Click or tap here to enter text. Click or tap here to enter text.% Total 100%
Area Percentage
City of Capitola Click or tap here to enter text.
%
City of Santa Cruz Click or tap here to enter text.
%
City of Scotts Valley
Click or tap here to enter text.
%
27.37 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #32 of 59 __________________________________________________________________________________ City of Watsonville Click or tap here to enter text.
%
Unincorporated Mid-County (e.g., Live Oak,
Soquel, Aptos)
Click or tap here to enter text.
%
Unincorporated North County (e.g. , Davenport)
Click or tap here to enter text.
%
Unincorporated San Lorenzo
Valley (e.g., Ben Lomond)
Click or tap here to enter text.
%
Unincorporated South County (e.g., Freedom)
Click or tap here to enter text.
%
Other: Click or tap here to enter text. Click or tap here to enter text. %
Other: Click or tap here to enter text. Click or tap here to enter text. %
Other: Click or tap here to enter text. Click or tap here to enter text. %
Total 100%
13. Programs are required to submit unduplicated program participants and their demographic data annually based solely on the CORE funding. Describe how your program will collect unduplicated participant data and their demographics from the CORE funding. (10 points; Character limit: 2000, includes spaces)
14. The county and city highlight the importance of providing support to individuals who are most impacted by systemic inequities such as racism and poverty. Of the anticipated total participants (i.e., people served by CORE funding only) in FY 2025-26, what percentage of participants are estimated to have a household income below the federal poverty level? (Please use the 2024 Federal Poverty Level Guidelines below.) (5 points)
27.38 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #33 of 59 __________________________________________________________________________________ Capacity to Provide Services
(This section is worth 20 points, see individual question totals)
15. If awarded CORE funding it will be expected for the program to meet the stated program activities and outcomes. Please explain how your agency will be ready to start the program on the contract start date of July 1, 2025. (10 points; Character limit: 2,000, includes spaces)
16. Describe the experience and qualifications of the individuals who will staff and oversee this program. If staff are not already in place to operate this program, describe how you intend to recruit and identify new staff. (10 points; Character limit: 2,000 includes spaces)
Program Budget
(This section is worth 10 points, see individual question totals)
17. Using the provided budget template, please list the Personnel, Non-Personnel, and Administrative Overhead costs of your program for each fiscal year funding. In addition, for each cost, please include a narrative description describing the cost and how it supports the program. There is a cap of 15% on Administrative Overhead. The budget must be the same total dollar amount for each FY. (10 points; use attached budget form) Leveraging Funds
(This section worth 5 bonus points in Tiers 1 & 2 only, see individual question totals)
18. The CORE program encourages programs to use CORE funding along with in-kind or cash contributions outside of CORE to help their program grow, scale, or be augmented.
This leveraging could include other funding sources, other receivables, technical assistance, donated services, and other resources that have a dollar value equivalent. If your program plans on using in-kind or cash contributions outside of CORE to implement your program and for the entire 3-year funding cycle, please complete the provided leveraging template. This question is optional but will grant a program 5 bonus points for Tiers 1 & 2 only.
27.39 Appendix B: Proposal Scoring Criteria
Points Distribution by Component *
Statement of Needs and Strengths 20 points
Proposed Approach: What Should be done? 35 points
Proposed Approach: Who do you intend to
serve?
15 points
Capacity to provide services 20 points
Program Budget 10 points
Total Points 100 points
Bonus Points for Leveraging Core Funding
(Tier 1 & 2 only)
5 Bonus Points
*Panelists will have the discretion to award point values equal to or within the scoring scale indicated below.
General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary Item Category
Being Rated Questions to be scored
Total
Points
possible
for the
question
Does not
address the
question or
component at
all. Unable to
score this
component of
the response.
Addresses
question or
component
briefly or
indirectly and
lacks sufficient
detail or clarity.
More
information is
needed to assess
the response.
Response falls
between
incomplete and
acceptable.
Demonstrates a
basic
understanding of
the question or
component but
response could
be more detailed,
thorough, or
explicit.
Response falls
between
acceptable and
Exemplary
Fully addresses the
question or
component in a
clear, wellreasoned,
comprehensive,
and thorough
response.
Demonstrates deep
knowledge and
experience related
to the question or
component.
27.40 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #35 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary
COMPONENT QUESTIONS TOTAL
POINTS
Inadequate Incomplete Needs
Improvement Acceptable Good Exemplary
Proposed
Program
Overview
How do inequities contribute to
the need, challenge, or issue the
program will address and who
does it impact. Include and
identify relevant data from
secondary sources (such those
listed on DataShare
https://www.datasharescc.org or
other websites) and/or primary
sources (such as staff or
participant surveys, town halls, or
focus groups). Be sure the needs,
challenges, or issues you describe
are related to the CORE
Condition and Impact Statement
you selected above.
15 Score: 0
Does not
address equity
at all. Unable
to score this
component of
the response.
Score: 3
Mentions equity
briefly or
indirectly but
lacks sufficient
detail or clarity.
AND/OR
Uses very little
or unrelated
community data,
stories, and/or
other types of
information
about existing
inequities
AND/OR
Does not make
explicit
connection
between the
inequity and the
CORE Condition
Selected
Score: 6
Response falls
between
incomplete and
acceptable.
Score 9
Provides a clear,
well-reasoned
description of
who is
experiencing the
problem or need
to a greater
degree than
others (facing
inequities), based
on specific
equity
dimension(s)—
e.g., race,
ethnicity, age,
gender,
geography,
demographics,
social identity, or
other relevant
descriptive
characteristics
AND
Uses and cites
some community
data, stories,
Score 12
Response falls
between
acceptable and
exemplary.
Score: 15
Provides a clear,
well-reasoned,
comprehensive,
and thorough
description of who
is experiencing the
problem or need to
a greater degree
than others (facing
inequities), based
on specific equity
dimension(s)—
e.g., race,
ethnicity, age,
gender, geography,
demographics,
social identity, or
other relevant
descriptive
characteristics
AND
Uses and cites a
broad array of
community data,
stories, and/or
other types of
27.41 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #36 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary and/or other
types of
information to
demonstrate a
basic
understanding of
the existence and
extent of current
inequities
AND
Makes an
explicit
connection
between the
inequity and the
CORE condition
selected
BUT
The description
of the extent of
the inequities
and their
systemic, root
causes could be
more detailed,
thorough, or
explicit
information to
demonstrate
knowledge and
understanding of
the systemic, root
causes of
inequities
AND
Makes an explicit
and compelling
connection
between the
inequity and the
CORE Condition
selected
AND
Tells a clear,
cohesive ‘story’
that conveys a
clear
understanding of
the extent of the
inequities, needs,
and root causes
Describe the community strengths
or assets that can be leveraged by
your program to help address the
5 Score: 0 Score 1 Score 2 Score 3 Score 4 Score 5
27.42 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #37 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary inequities described in Question
4. Does not
address
community
strengths or
assets at all.
Unable to score
this component
of the
response.
Mentions
community
strengths or
assets briefly or
indirectly but
lacks sufficient
detail or clarity.
AND/OR
Strengths or
assets do not
align with the
inequity
identified
AND/OR
Strengths and
assets do not
align with the
CORE Condition
identified
Response falls
between
incomplete and
acceptable.
Provides a clear,
well-reasoned
description of
community
strengths or
assets and how
they can be
leveraged by the
program
AND
Strengths or
assets align with
the inequities
and CORE
condition
identified
Response falls
between
acceptable and
exemplary.
Provides a clear,
well-reasoned,
comprehensive,
and thorough
description of
community
strengths or assets
and how they can
be leverage by the
program
AND
Makes an explicit
and compelling
connection
between the
strengths and
assets and the
inequity and the
CORE Condition
selected
COMPONENT QUESTIONS TOTAL
POINTS
Inadequate Incomplete Needs
Improvement Acceptable Good Exemplary
Proposed
Approach:
What should be
done?
Describe in detail the program or
service you are proposing that
addresses the inequities
contributing to the need,
challenge, or issue described
above.
10 Score: 0
Does not
address the
program or
service at all.
Unable to score
Score: 2
Describes the
program or
service briefly or
indirectly but
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Presents a clear,
well-described
description of the
program or
Score: 8
Response is
between
acceptable and
exemplary.
Score: 10
Provides a clear,
well-reasoned,
comprehensive,
and thorough
description of the
27.43 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #38 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary this component
of the
response.
lacks sufficient
detail or clarity.
AND/OR
Program or
service does not
clearly address
the inequity
identified
AND/OR
Program or
service will not
meaningfully
contribute to the
CORE Condition
and Impact
identified
service to be
funded.
AND
Program or
service addresses
the inequity
identified
AND
Program or
service will not
meaningfully
contribute to the
CORE Condition
and Impact
identified
program or service
to be funded
AND
Makes an explicit
and compelling
connection
between the
program or service
and the inequity
identified
AND
Makes and explicit
and compelling
connection that the
program or service
will contribute to
the CORE
Condition and
Impact Statement
identified
Describe the activity or service
and how it will make an impact
on the needs and strengths.
(Multiple activities will be
assessed using these criteria and
be given one score)
10 Score 0
Does not
describe any
activities.
Unable to score
Score: 2
Describes each
activity briefly or
indirectly but
lacks sufficient
detail or clarity.
AND/OR
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Presents a clear,
well-reasoned
description of
each activity to
be provided.
AND
Score: 8
Response is
between
acceptable and
exemplary.
Score: 10
Provides a clear,
well-reasoned,
comprehensive,
and thorough
description of all
activities
AND
27.44 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #39 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary Activities
described will
marginally
impact the needs
and strengths
AND/OR
Activities will
marginally
contribute to the
CORE Condition
and Impact
Statement
identified
Most activities
will impact the
needs and
strengths
AND
Most activities
will contribute to
the CORE
Condition and
Impact
Statement
identified
Makes an explicit
and compelling
connection that all
activities will
greatly impact the
needs and
strengths
AND
Makes and explicit
and compelling
connection that all
activities will
contribute to the
CORE Condition
and Impact
Statement
identified
Programs are required to ask
standardized client satisfaction
data (survey provided by the
county) of each program
participant. The questions are due
at the end of each FY in the
Annual Progress Report to
measure the quality of CORE
funded services. Describe how
your program will provide the
client satisfaction questions to the
people served.
5 Score: 0
Does not
describe how
the survey will
be provided.
Unable to
score.
Score: 1
Describes how
the survey will
be provided
briefly or
indirectly but
lacks sufficient
detail or clarity
Score: 2
Response is
between
incomplete and
acceptable.
Score: 3
Presents a clear,
well-reasoned
description of
how the survey
will be provided.
Score: 4
Response is
between
acceptable and
exemplary.
Score: 5
Provides a clear,
well-reasoned,
comprehensive,
and thorough
description of how
the survey will be
provided
Demonstrates a
deep knowledge of
how the program
27.45 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #40 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary will conduct a
satisfaction survey
from the people
served.
Provide up to three outcome
measures you will use to track
that your program or services will
work as intended. These should
be specific measurable
accomplishments you hope to
achieve that link to the CORE
Condition and Impact Statement
you plan to address in your
program. Use the SMARTIE
format (Specific, Measurable,
Action Oriented, Relevant, Time
Bound, Inclusive, and Equitable
(Multiple outcomes will be
assessed using this criteria and be
given one score)
10 Score: 0
Does not
provide
outcome
measures.
Unable to
score.
Score: 2
Describes most
outcomes
measures briefly
or indirectly but
lack sufficient
detail or clarity
AND/OR
Most outcomes
are not specific,
measurable,
realistic,
timebound,
inclusive, and
equitable
AND/OR
Most outcomes
do not link to
CORE Condition
and Impact
Statement
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Provides a clear,
well-reasoned
description of
most of the
outcomes
AND
Most desired
outcomes are
specific,
measurable,
realistic,
timebound,
inclusive, and
equitable
BUT
The relationship
between most
outcomes and
inequities,
CORE Condition
and Impact
Statement could
be greater
Score: 8
Response is
between
acceptable and
exemplary.
Score: 10
Provides an
exemplary
description of all
outcomes
AND
All desired
outcomes are
specific,
measurable,
realistic,
timebound,
inclusive, and
equitable
AND
The relationship
between all
outcomes and
inequities, CORE
Condition and
Impact Statement
is strong
27.46 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #41 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary
COMPONENT QUESTIONS TOTAL
POINTS
Inadequate Incomplete Needs
Improvement Acceptable Good Exemplary
Proposed
Approach: Who
do you intend to
serve?
Programs are required to submit
unduplicated program participants
and their demographic data
annually based solely on the
CORE funding. Describe how
your program will collect
unduplicated participant data and
their demographics from the
CORE funding.
10 Score: 0
Does not
describe data
collection.
Unable to
Score
Score: 2
Response
describes how
the program will
collect
unduplicated
participant and
demographic
data about the
people served
briefly or
indirectly and
lacks sufficient
detail or clarity.
More
information is
needed to
determine if the
applicant can
fully comply
with the data
collection
requirements.
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Presents a clear,
well-reasoned
description of
how the program
will collect
unduplicated
participant and
demographic
data on the
people served.
Additional
details would
support response.
Score: 8
Response is
between
acceptable and
exemplary
Score: 10
Fully addresses
how the program
will collect
unduplicated
participant and
demographic data
about the people
served.
AND
Demonstrates a
deep knowledge of
how the program
will collect
unduplicated
participant and
demographic data.
The county and city highlight the
importance of providing support
5 Score: 0 Score: 1 Score: 2 Score: 3 Score: 4 Score: 5
27.47 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #42 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary to individuals who are most
impacted by systemic inequities
such as racism and poverty. Of
the anticipated total participants
(i.e., people served by CORE
funding only) in FY 2025-26,
what percentage of participants
are estimated to have a household
income below the federal poverty
level?
Does not
provide
estimate.
Unable to score
Less than 20% of
the program
participants live
below the federal
poverty level.
20%-39% of the
program
participants live
below the federal
poverty level.
40%-59% of the
program
participants live
below the federal
poverty level.
60%-79% of the
program
participants live
below the federal
poverty level.
80% or greater of
the program
participants live
below the federal
poverty level.
COMPONENT QUESTIONS TOTAL
POINTS
Inadequate Incomplete Needs
Improvement Acceptable Good Exemplary
Capacity to
Provide
Services
Tell us how your agency will be
able to implement the program by
the contract start date of July 1,
2025.
10 Score: 0
Does not
provide
implementation
information.
Unable to score
Score: 2
Response
describes the
agency’s ability
briefly or
indirectly and
lacks sufficient
detail or clarity.
AND/OR
Agency will not
be able to
implement by
July 1, 2025
AND
More
information is
needed to
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Presents a clear,
well-reasoned
description of
how the agency
will implement
the program with
details and/or
examples
AND
Program is likely
to be
implemented by
July 1, 2025
BUT
Score: 8
Response is
between
acceptable and
exemplary
Score: 10
Fully addresses
and demonstrates
an exemplary
knowledge of how
the program will
implement the
program with clear
details or examples
AND
Program is likely
to be implemented
by July 1, 2025
27.48 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #43 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary determine if the
response is
acceptable.
Additional
details would
support response.
Describe the experience and
qualifications of the individuals
who will staff and oversee this
program. If staff are not already
in place to operate this program,
describe how you intend to recruit
and identify new staff.
10 Score: 0
Does not
provide
experience or
qualification of
staff or a
recruiting plan.
Unable to
score.
Score: 2
Response
describes the
experience and
qualifications or
recruiting plan
briefly or
indirectly and
lacks sufficient
detail or clarity.
More
information is
needed to
determine if the
response is
acceptable.
Score: 4
Response is
between
incomplete and
acceptable.
Score: 6
Response
demonstrates the
experience and
qualifications or
a recruiting plan,
but additional
details would
support response.
Score: 8
Response is
between
acceptable and
exemplary
Score: 10
The experience
and qualifications
of the individuals
is exemplary, or
the recruiting plan
is well considered
and will lead to
highly qualified
and experienced
staff to oversee the
program.
AND
Staff have the
experience and
qualifications to
address the
inequities and
leverage the
strengths identified
in the proposal.
CRITERIA QUESTIONS TOTAL
POINTS Inadequate Needs Improvement Acceptable Good Exemplary Program Budget Attached 10 Score: 0 Score: 2 Score: 4 Score: 6 Score: 8 Score: 10
27.49 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #44 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary Does not
provide budget
information.
Unable to
score.
Budget form
lacks sufficient
detail or clarity.
AND/OR
Budget is not
equal amounts
each year
AND/OR
Narrative
description is not
sufficiently
detailed to show
how program
funds will be
spent
Response is
between
incomplete and
acceptable.
Budget uses
proper format
AND
Spans 3 years
and is of an
equal amount
each year
AND
Budget is clear,
free of major
errors, and the
narrative is
sufficiently
detailed to show
how program
funds will be
spent
Response is
between
acceptable and
exemplary
Budget is clear,
free of major
errors, and the
narrative is well
detailed to show
how project funds
will be spent
Budget uses proper
format AND spans
3 years and is of
an equal amount
each year
AND
Budget is clear,
free of major
errors and the
narrative does an
exemplary job
showing how
program funds will
be spent
AND
Budget and budget
descriptions are
clearly linked to
program activities
and outcomes to
address
community
inequities and
needs identified in
the proposal
AND
Administrative
Overhead does not
exceed 15%
27.50 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #45 of 59 __________________________________________________________________________________ General Definitions of Scoring Scale
COMPONENT QUESTIONS TOTAL
POINTS Inadequate Incomplete Needs Improvement Acceptable Good Exemplary The CORE program encourages
programs to use CORE funding
along with in-kind or cash
contributions outside of CORE to
help their program grow, scale, or
be augmented. This leveraging
could include other funding
sources, other receivables,
technical assistance, donated
services, and other resources that
have a dollar value equivalent. If
your program plans on using inkind or cash contributions outside of CORE to implement your
program and for the entire 3-year
funding cycle, please complete
the provided leveraging template.
This question is optional but will
grant a program 5 bonus points.
5 Score: 0
Does not
provide
leveraging
information
AND/OR
Does not
provide
leveraging
information for
all three years
of the funding
period
AND/OR
Description of
leveraging is
incomplete
Score:5
Program
completes
leveraging
template
AND
Program describes
leveraged funding
source(s) for each
year of the funding
source
27.51 Appendix C: CORE Overview
The Collective of Results and Evidence-based (CORE) Investments is both a specific funding model and a broader movement to achieve equitable health and well-being for everyone in Santa Cruz County, across the lifespan. CORE’s mission, developed with input from many partners, is to inspire and ignite collective action to ensure Santa Cruz County is a safe, healthy community with equitable opportunities for all to thrive.
The City and County of Santa Cruz contribute to the CORE funding model through a competitive RFP process that is now in its third cycle for Fiscal Years 2025-28, incorporating lessons learned from the previous cycles in a spirit of continuous improvement. The CORE RFP is aligned with other initiatives to achieve the vision of Santa Cruz County as an equitable, thriving, resilient community where everyone shares responsibility for ensuring the health and well-being of all people, at every stage of life. The funding stream reflected in this RFP is one element that contributes to achieving the broader mission and vision but is not designed to create these impacts alone.
To help align CORE funding with other initiatives across the County, the broader CORE Investments framework includes a set of eight interconnected CORE Conditions for Health and Well-being. They are:
• Health & Wellness
• Lifelong Learning & Education
• Economic Security & Mobility
• Thriving Families
• Community Connectedness
• Healthy Environments
• Safe & Just Community
• Stable, Affordable Housing & Shelter
These CORE Conditions, based on a national set of “vital conditions” in the federal plan for Equitable Long-term Recovery and Resilience, are linked to sets of community-level impacts and indicators included in the CORE Results Menu housed on the DataShare platform. As described in more detail in the RFP, the four CORE Conditions highlighted in bold are the focus of the current funding cycle. However, an important feature of the CORE Conditions is that all eight CORE Conditions are connected to one another and bound by a common emphasis on equity.
The CORE vision, mission, and CORE Conditions share a focus on equity to highlight the unfinished but necessary work of examining the individual, organizational, and systemic beliefs, practices, and structures that perpetuate the inequities that undermine opportunities for health and well-being. The equity dimensions of CORE Investments, reflected in the RFP, also are aligned with other County initiatives, including the recently developed County equity statement.
To help align and amplify the impact of CORE Investments funding with related work across the CORE Conditions for Health and Well-being, the CORE Investments approach includes a learning arm, the CORE Institute for Innovation & Impact. The CORE Institute will be the conduit for a variety of training and technical assistance (TA) specific to the RFP (see Appendix E) and also offers a variety of learning opportunities year-round to help people across sectors
27.52 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #47 of 59 __________________________________________________________________________________ build the knowledge, skills, and systems needed to fulfill our collective vision of an equitable, thriving, resilient community.
More detailed information about the CORE Investments framework, related tools such as the CORE Results Menu, the CORE Institute for Innovation & Impact, and lessons learned from prior funding cycles are available at the HSD CORE website.
27.53 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #48 of 59 __________________________________________________________________________________ Appendix D: Glossary of Terms
Administrative Overhead: Also known as indirect rate. Administrative overhead is defined in this RFP as general administrative and/or facility costs that are anticipated by the agency to support the proposed services that cannot be readily identified. For example, depreciations on equipment or accounting services not otherwise identified.
Assets:The people, physical structures, places, community services, organizations and businesses that can play a role in improving a community’s quality of life. Other commonly used term: Resources, Strengths.
Braided Funding: The weaving together of federal, state, local and private funding to support high quality programs. Braided funding pools multiple funding streams toward one purpose while separately tracking and reporting on each source of funding. Other commonly used term:
Blended Funding, which combines multiple funding sources for one purpose without continuing to differentiate or track individual sources.
Collective Impact: An approach to achieving social change through the collaboration of multiple people or agencies. Elements of collective impact include a common agenda, shared measurements, mutually reinforcing activities, continuous communication, and backbone support organization. Other commonly used term: Movement Building.
Community Wide Indicator: A specific quality or state that can be measured across a population group, community, or geographic area (rather than an individual). For example:
“Percentage of Santa Cruz county children with a dental visit in the last 12 months;” “Number of afterschool programs in the county for children under 12.” CORE Conditions: Elements of a thriving, healthy community. Every CORE Investments application must designate one primary CORE Condition the program seeks to achieve from among the three bolded of eight options:
1. Health and Wellness
2. Lifelong Learning and Education
3. Economic Security & Mobility
4. Thriving Families
5. Community Connectedness
6. Healthy Environments
7. Safe & Just Community
8. Stable, Affordable Housing & Shelter
Critical Needs: Any need that meets one or both of the following criteria:
1. Creates intense disruption of personal or community life or deprives people of basic needs or legal rights
2. Is frequent or has existed for many years, and affects many people Disparities: Measurable differences between populations. Disparities may be visible with respect to access or barriers to resources, the use of resources, and outcomes. Disparities are often noted as evidence of inequity or unequal treatment.
Efficacy: The ability to produce a desired or intended result.
27.54 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #49 of 59 __________________________________________________________________________________ Equity: Fairness or justice in the way people are treated, specifically: freedom from bias or favoritism. A program built on equity will address the needs of specific populations most likely to be affected by inequities by providing resources and opportunities such that they may thrive alongside other residents in the county.
Evaluation: A systematic way of measuring and assessing the implementation or outcomes of a program, for the purpose of gaining insight to improve program performance or to contribute to the general knowledge of the subject area.
Fiscal Statement: Financial statements normally include: (1) a Statement of Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses.
Fiscal Year: For this application a Fiscal Year (FY) is the period between July and June, thus FY 2022-2023 would be July 1, 2022 to June 30, 2023.
Impact Area: The specific result that you want to achieve or contribute to in the CORE Conditions. This can include short-term (1-3 years), medium-term (3-4 years), and long-term (5+ years) impacts. The full list of impact areas organized by CORE Condition can be found at datasharescc.org. Other commonly used terms: Goal, Result Intersectionality: Intersectionality references the intersecting categorizations of people such as race, gender, age, and more. It acknowledges that individuals can hold multiple identities at the same time. For example, someone may identify as Black, a woman, and non-abled bodied. When identities intersect, unique experiences and needs should be considered when developing program strategies and services.
Leveraging Funds: Using one source of funds to get a commitment from another funding source.
Letter of Support: A written description of the role and major responsibilities of the partner agency that is submitting the letter.
MOU: Memorandum of Understanding; an agreement between two or more parties outlined in a formal document. The document is not legally binding but signals the willingness of the parties to move forward with a contract.
Needs: Resources or conditions which are absent or insufficient for a particular group or community yet are necessary to thrive.
Organizational Capacity: The collective resources of an organization, typically including the number of staff, their experience and skills, the stability and effectiveness of the management team, the ability to assess internal and external performance, and a shared commitment or vision among leadership and staff to effect social change.
Participants: Individuals who engage in services or receive benefits from an agency or program.
Other commonly used terms: Clients, Consumers, Constituents, Beneficiaries, Individuals
27.55 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #50 of 59 __________________________________________________________________________________ Population: A group of people.
Program or Project: An organized effort to implement a set of services with a specific purpose, for a specific population, with dedicated staff, policies, and procedures. Other commonly used terms: Services, Plans
Program Implementation: The way that a program’s resources (staff, materials, other assets) are used to carry out services and activities.
Program Outcomes: The measurable changes expected as a direct result of a program’s strategies and implementation. Different outcomes may be expected in the short-, medium- or long-term phases of a program.
Program Strategy: A rationale or plan that explains how a program’s resources will be allocated and its services will be implemented that is likely to achieve the desired program outcomes and community impacts. Additional resources can be found at datasharescc.org. Other commonly used terms: Approach, Plan
Services: The activities or actions carried out on behalf of a program. Other commonly used terms: Activities
Target Population: A group of people that an agency’s services will focus on.
Reliable Information/Source: Information or sources of data whose origins and methods can be verified; or is produced by an entity with a history of producing accurate information related to social services and policy.
27.56 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #51 of 59 __________________________________________________________________________________ Appendix E: CORE Training and Technical Assistance Plan Applicants’ Conference
A virtual Applicants’ Conference will take place on June 21, 2024 from 10am-12pm. The purpose is to review the RFP, gather questions, and respond to initial questions regarding the RFP document. Not all questions may be responded to due to needing time for consideration.
Registration details and the recording of the conference may be found on the HSD web page noted. CORE Investments (santacruzhumanservices.org)
Online Portal Support
Two virtual trainings will be offered on how to navigate the online portal. The same content will be covered in both sessions. These trainings are optional but recommended.
Session 1: June 26, 2024 from 11am-12pm
Individualized support will also be available by contacting [email protected]
Registration details and recording of the training may be found on the HSD web page noted above.
Further assistance may be requested by e-mailing [email protected].
Follow up on a request for online portal assistance may take up to 3 business days. Please plan accordingly to ensure timely submission.
Questions and Responses
Questions: Applicants are encouraged to submit questions related to the RFP process, documents, or application content via email to [email protected] Responses: County and City will collate and post question and responses, rather than answering questions individually. The purpose is to ensure consistent, transparent responses are provided to all applicants.
A “Questions and Responses” document will be posted at least two times in the application period on the site noted above. Applicants may also check the website at any time for updates.
Questions will be collated and posted along with responses by:
• June 21, 2024
• July 8, 2024
All questions submitted by the close of business the Monday prior to these dates will be included in posting. All responses are intended to be addressed in the final posting to allow enough time for application completion.
Please submit questions no later than July 1, 2024 at 5pm. No further questions will be answered after that date.
Training and Technical Assistance
The CORE consultants (Optimal Solutions Consulting and subcontractors) will provide training and technical assistance (TA) on topics related to the RFP, including but not limited to:
• Developing a theory of change and logic model with an equity lens
27.57 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #52 of 59 __________________________________________________________________________________ • Using the CORE framework and tools to prepare your proposal • Preparing a Statement of Needs and Strengths
• Describing your Proposed Approach: What should be done, and for whom? • Developing your Scope of Work
• Developing your Data Collection and Evaluation Plan
• Preparing your Budget and Budget Narrative
Training and TA will be provided through a combination of • Virtual, structured workshops on the topics listed above • 4 open office hours by CORE Condition/Impact Statement • Individual TA sessions for applicants (up to 2 sessions per applicant) Participation in training and TA is not required, but applicants are strongly encouraged to use this assistance. Advance registration is required for all training and TA sessions. Registration details, recordings of group workshops, and materials from group workshops may be found on the HSD web page noted above.
The CORE consultants’ role is to provide training, tools, and guidance to help applicants understand key concepts in the RFP, such as equity, collective impact, Results Based Accountability, CORE Conditions for Health & Well-being, the CORE Continuum of Results and Evidence, developing program outcomes, etc. The CORE consultants are unable to provide specific recommendations about applicants’ proposals (i.e., what to apply for, what activities to conduct, etc.) and are unable to assist with writing or editing proposals and budgets. They will not be involved in selecting the panelists, scoring the applications, or making recommendations for awards.
27.58 Appendix F: Budget Template Example and FY 24-25
Exhibit B - Budget, FY2024-25
EXAMPLE BUDGET
Camp Make a Difference
Background description Notes/Instructions
Summer Camp Program Although the camp program runs for summer months only, staff activity occurs throughout the entire calendar year including tasks such as planning curricula and logistics, outreach and advertising, camper application review, and recruiting and training volunteers. Month-to-month levels of effort vary from 10% to 100% depending on the time of the year; historic time and level of effort tracking shows an average rate of 50% FTE across the calendar year. The
proposed budget also includes some startup costs (e.g., laptop for grant-required data collection) that are incurred only in YR1; subsequent years include a cost-of-living increase of 3% for staff salaries and similar projected increases in travel and rents.
Use this space to describe any overarching
assumptions or information that help explain
costs including variation between program years.
Please limit your response to 1,000 characters
LINE-ITEM EXPENDITURES
PROGRAM
COSTS
FY 2024-26
Narrative Description Notes/Instructions
PERSONNEL COSTS - SALARIES &
BENEFITS
Program Director, .5 FTE $40,000
Program director oversees all operations and hiring of admin support and all volunteers. Program director also participates in camp sessions, providing on-site facilitation and ongoing support of staff and campers. Includes 35% fringe benefit rate on base salary.
Include the amount of FTE that is funded by and
devoted to the proposed program.
Include entire personnel costs in each line,
including benefits. Note fringe benefit rate.
27.59 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #54 of 59 __________________________________________________________________________________ Program Social Worker, .5 FTE $40,000
Program social worker oversees all camper
applications/selections, camper/counselor matching, providing support through the program and is a resource through the year. Includes 35% fringe benefit rate on base salary.
If using hourly staff, include number of hours
and rate funded by and devoted to the proposed
program.
Administrative Support, .5 FTE $20,000
Admin support assists director and social worker in
maintaining database of volunteers/campers, maintaining volunteer and camper records, assists in program
planning/coordination, attending meetings, keeping notes, etc.; current admin aide is bilingual (priority to hire bilingual when director and/or social worker is not). Includes 35% fringe benefit rate on base salary.
Temporary Camp Counselors $10,000
Temporary bi-lingual camp counselors who will supplement volunteers during camp sessions. Assumes 200 hours of
support at $50/hour. This covers all camp sessions.
TOTAL PERSONNEL COSTS $110,000
NON-PERSONNEL COSTS
Equipment, maintenance & technology $7,500
Purchase of a dedicated laptop ($2,000) to allow staff to collect grant-required program participation and demographic data and to facilitate camp programing such as presentations and multimedia events. This also includes the cost of internet service for the campground to allow for camp activities, presentations, and e-mails. ($120/month * 4 months)
Include why each cost is necessary for the
program.
Include any assumptions about costs calculations
that help understand the appropriateness of the
proposed budget amount (e.g., unit cost and
Travel & Training $2,573 number of units needed).
Travel budget for staff since the camp is located outside of the City of Santa Cruz. Assumes an average of 60 miles per week (6 round trips to camp location from agency location), for 16 weeks (4 weeks per month), for 4 staff. Uses IRS approved mileage rate of $0.67/mile.
(60 miles * 16 weeks * $0.67/mile * 4 staff).
27.60 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #55 of 59 __________________________________________________________________________________ Rent & Utilities $35,000
Campground rental which includes meals. The rental cost is $8,750 per month for four months and covers 3 meals a day for counselors and campers for up to 1,000 people.
Marketing & Outreach
Misc. Operating Expenses (e.g., supplies)
Professional Services $5,000 Liability Insurance for camp activities. Assumes $1,250 / month for 4 months.
Other - (please specify)
Participant Subsidies (housing, employment wages,
etc.)
Participant Incentives $5,000 Camp welcome pack which includes blankets, pillows, etc.
Assumes $50/pack for 1,000 campers.
Participant Supplies, Supportive Services &
Transportation $7,500
Program supplies for program activities (includes purchase of arts & crafts, sports equipment, pool equipment, and
photography $5,000) , health/medical (i.e.: first aid supplies $1,500), and program capstone project (including camper log/memory books and photographs $1,000)
TOTAL NON-PERSONNEL COSTS $62,573
ADMINISTRATIVE OVERHEAD $8,000
Funding to maintain and sustain organization. Covers nondirect program costs such a portion of overall agency rent and utilities, leadership and support staff salaries, general office supplies, furniture, etc. Admin rate is 4.6% of combined direct personnel and non-personnel costs.
Include the administrative overhead cost rate
represented in this budget and the description of
those costs. The % of this cost to the total budget
will be calculated
27.61 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #56 of 59 __________________________________________________________________________________ % Cost of ADMINISTRATIVE OVERHEAD 4.6%
GRAND TOTAL $180,573
Budget, FY2024-25 (EXAMPLE) Background description Notes/Instructions
VENDOR NAME
Use this space to describe any overarching assumptions or information that help explain costs including variation between program years. Please limit your response to 1,000 characters
PROGRAM NAME
Notes/Instructions
LINE-ITEM EXPENDITURES
PROGRAM
COSTS
FY 2023-24
Narrative Description
PERSONNEL COSTS - SALARIES & BENEFITS Include the amount of FTE that is funded by and devoted to the proposed program.
Include entire personnel costs in each line, including benefits. Note fringe benefit rate.
If using hourly staff, include number of hours and rate funded by and devoted to the proposed program.
(Position Title and FTE here, no personnel name included) (Position Title and FTE here, no personnel name included) (Position Title and FTE here, no personnel name included) (Position Title and FTE here, no personnel name included) TOTAL PERSONNEL COSTS $0
NON-PERSONNEL COSTS
Equipment, maintenance & technology Include why each cost is necessary for the program.
Travel & Training
27.62 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #57 of 59 __________________________________________________________________________________ Rent & Utilities Include any assumptions about costs calculations that help understand the appropriateness of the proposed budget amount (e.g., unit cost and number of units needed).
Marketing & Outreach
Misc. Operating Expenses (e.g., supplies)
Professional Services
Other - (please specify)
Participant Subsidies (housing, employment wages, etc.) Participant Incentives
Participant Supplies, Supportive Services & Transportation TOTAL NON-PERSONNEL COSTS $0
ADMINISTRATIVE OVERHEAD $0 Include the administrative overhead cost rate represented in this budget and the description of those costs. The % of this cost to the total budget will be calculated
% Cost of ADMINISTRATIVE OVERHEAD #DIV/0!
GRAND TOTAL $0
27.63 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #58 of 59 __________________________________________________________________________________ Appendix G: Leveraging Template Example and FY 24-25
Leveraging Example FY 2024-25
Camp Make a Difference
Summer Camp Program
Budget Items Dollar Amount Narrative Description Notes/Instructions Total Budget $180,573 Please include a
description of non-CORE
in-kind or cash
contributions including
the source of those
contributions. If multiple
sources are included in
one category please list
all sources and amounts
in the description. For
any non-cash
contribution please
include the dollar value
equivalent.
CORE Contribution $100,000
Other Funding Sources $35,000
$20,000 from Community
Grants Inc and $15,000 from
State of California Wellness
Initiative Funding.
Other Receivables $5,000
Community donated camping
equipment, including sleeping
bags, cots, and food valuing
$5,000.
Technical Assistance n/a
Donated Services $40,573
2,536 volunteer hours paid at
California minimum wage of
$16 an hour provided by
community members.
Other Resources n/a
27.64 COUNTY OF SANTA CRUZ
RFP#17PX-XXX, CORE Funding RFP (August 2, 2024) page #59 of 59 __________________________________________________________________________________ Leveraging Description FY 2024-25
Vendor Name
Program Name
Budget Items Narrative Description Notes/Instructions
Total Budget Please include a
description of non-CORE
in-kind or cash
contributions including
the source of those
contributions. If multiple
sources are included in
one category please list
all sources and amounts
in the description. For
any non-cash
contribution please
include the dollar value
equivalent.
CORE Contribution
Other Funding Sources
Other Receivables
Technical Assistance
Donated Services
Other Resources
27.65 27.66
• Timeline/Next Steps
• RFP Details
• Recommended Actions
Agenda
27.67 Timeline / Next Steps
Public Hearing opportunities: Prioritization
1. Today - Draft RFP, incorporating 12.12.23 Direction
2. Fall 2024 - Staff summary of applications received, seek final direction
3. Winter 2024 - Recommended Awards
27.68 RFP Details
Feedback Included
• Simplified application
• Small tier application restrictions
• Modified conflict of interest
• Detailed scoring rubric provided
• Bonus points for leveraging (MD/LG)
• Application informational questions
• Letter of intent – informal survey
• 15% funding for unanticipated priorities
• Reduce staff discretion from 10% to 5%
Feedback Continued
• Tiered funding structure
• Funding request limit of 25%
• Past performance
• Data collection
• Services must be in the County
Feedback Not Included
• Board member review of applications
27.69 • Accept & File Materials
• Direct staff to coordinate with HSD to release RFP
• Direct staff to coordinate with HSD to report back with a summary of proposals received by the CORE RFP by
October 29, 2024
• Consider options for Shelter & Homeless Prevention
• Direct any procurement carve out(s)
Recommended Actions
27.70 1. $1M Shelter + $500K So Co Prevention
2. $1M Shelter + $500K in CORE RFP
3. Keep funding in CORE RFP
Shelter & Homeless Prevention
No Co So Co
29% 15%
27.71 Procurement Carve Out(s)
1. Today – first of 3 opportunities
2. Fall Hearing – before recommended awards
3. 15% ($669K) Flexibility – after recommended awards
27.72 27.73
City Council
AGENDA REPORT
DATE: 04/11/2024
AGENDA OF: 04/30/2024
DEPARTMENT: Economic Development and Housing
SUBJECT: Consideration of a Purchase Sale Agreement Between the City of Santa Cruz (City) and the City of Scotts Valley for the City-owned Property Located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, aka Skypark, APNs 022-721-07, 022-721-08, and 022-721-09 (EDH)
RECOMMENDATION: Motion to adopt a resolution authorizing and directing the City Manager to execute a Purchase Sale Agreement, along with modifications of a non-substantive or conforming nature, between the City of Santa Cruz and the City of Scotts Valley for the Cityowned property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, in a form to be approved by the City Attorney, and authorizing the City Manager or his designee to take any further actions and execute any other related documents necessary to conclude the sale.
BACKGROUND: The City of Santa Cruz (City) owns approximately 8.15 acres in the City of Scotts Valley located at the northwest corner of Mount Hermon Road and Kings Village Road.
The three contiguous parcels constitute the remaining vacant land of the former Skypark Airport which ceased operations in 1982. In the late 1980’s the property was declared surplus and a portion of the property was sold by the City of Santa Cruz for a private residential development in Scotts Valley. For a period of twenty years, the remaining property was subject to an Owner Participation Agreement (OPA) with the Redevelopment Agency of the City of Scotts Valley which contained an option for purchase by the Redevelopment Agency of the City of Scotts Valley. With the termination statewide of redevelopment, it was no longer possible to execute an annual extension of the purchase option with the Redevelopment Agency and the agreement term expired.
Since 2013, the City has entered into a Purchase Sale Agreement (PSA) on three separate occasions, the most recent of which was terminated prior to close of escrow in mid-2019. Each PSA was entered into between the City and a development entity interested in pursuing the development of the proposed Scotts Valley Town Center Project. Each prior sale was terminated during the escrow period based on project financing feasibility.
Since 2019, the City has been in discussions with the City of Scotts Valley regarding the potential of a sale of the three contiguous City-owned parcels directly to the City of Scotts Valley. Over the last year, under direction from the City Council, staff has obtained an updated
28.1 appraisal for the property and negotiated terms for a sale of the property to the City of Scotts Valley.
DISCUSSION: Following the negotiation of an initial term sheet which included establishing the appraised value, staff has been working with the City of Scotts Valley on finalizing the proposed terms and preparing the PSA. The site and surrounding area is subject to known underground and surface contamination related to its historic use as an airport and related to the proximity of the site to a solvent release from the nearby Scotts Valley Dry Cleaners. The surface contamination was recently remediated subject to an agreement between the City of Scotts Valley and the City of Santa Cruz, funded by the City of Scotts Valley as a credit against the future purchase price of the property. Soil contamination consisting of arsenic, lead and TPHdiesel was fully delineated and exavated for off-site disposal.
The site will be sold with a land use covenant along with a soil vapor management plan for any future development. The City is currently seeking a case closure letter from County Environmental Health as it pertains to the surface contamination. The purchase price reflects the assessed value of the property with an acknowledgment of the land use covenant for future use as well as a credit against the purchase price for the remediation of the surface contamination.
As the City of Scotts Valley was pursuing a federal earmark to contribute towards the purchase price and the projected total available funding at the time of sale was unclear, the City offered to consider carrying the financing for the purchase of the property up to eight years with a considerable down payment from the City of Scotts Valley. The specific negotiated terms of the PSA beyond standard sale provisions are as follows:
Buyer: City of Scotts Valley
Purchase Price: $7,750,000, AS-IS Sale
Remediation Credit: Up to $275,000 credit against purchase price (based on actual remediation costs incurred)
Deposit: $100,000 within 3 days of effective date, nonrefundable following feasibility period
Down Payment: On or before Closing, Buyer shall deposit a down payment in the amount of $1,000,000
Feasibility: 30 days from effective date
Close of Escrow: 90 days from expiration of feasibility period Financing: Seller financing 4.5% per annum on balance of purchase price, promissory note secured by a Deed of Trust. Note shall be due and payable upon sale of property or uncured Default under the loan agreement, based on the following options (determined prior to close of escrow):
(i) 15-Year Amortization Payment Option: Borrower shall make annual payments of principal and interest in the amount of Six Hundred Fifty-One
28.2 Thousand Seven Hundred Ninety-Seven Thousand ($651,797.00) based on a fifteen (15) year amortization schedule with a final balloon payment of Three Million Eight Hundred Forty Thousand Eight-Hundred Forty-Three ($3,840,843.00) on the date that is eight (8) years from the Close of Escrow. (ii) 8-Year Amortization Payment Option: Borrower shall make annual payments of principal and interest in the amount of One Million Sixty-One Thousand Two Hundred Sixty-Seven Dollars ($1,061,267.00) for a period of eight (8) years.
Staff recommends that the City Council adopt a resolution authorizing and directing the City Manager to execute a Purchase Sale Agreement between the City of Santa Cruz and the City of Scotts Valley with the agreed upon terms stated above, or any directed modifications thereof, for the City-owned property located in the City of Scotts Valley, in a form to be approved by the City Attorney, and to take any further actions and direct the City Manager or his designee to execute any other related documents necessary to conclude the sale.
FISCAL IMPACT: Any potential sale proceeds including any and all deposits resulting from the sale of City-owned property would be deposited into the City’s Public Trust Fund unless otherwise directed by the City Council. There is no negative fiscal impact to approving and executing the proposed PSA. Should the City of Scotts Valley terminate the PSA during the escrow period, but beyond the 30-day feasibility, the City would retain the $100,000 deposit. The current negotiated PSA would provide the City with $7,750,000 in sale proceeds, less the credit for the surface remediation estimated with a capped limit of $275,000. If the City provides financing as anticipated, the City would receive additional interest between $200,000-300,000 per year (decreasing in later years), depending on the chosen financing option.
Prepared and Submitted By:
Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOC
2. SKYPARK PURCHASE AND SALE AGREEMENT SANTA CRUZ AND SCOTTS VALLEY.DOCX
28.3 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE A PURCHASE SALE
AGREEMENT BETWEEN THE CITY OF SANTA CRUZ AND SCOTTS VALLEY TOWN
GREEN LAND LLC FOR THE SURPLUS CITY-OWNED PROPERTY LOCATED AT THE
NORTHWEST CORNER OF MOUNT HERMON ROAD AND KINGS VILLAGE ROAD IN
THE CITY OF SCOTTS VALLEY,
APNS 022-721-07, 022-721-08, AND 022-721-09
WHEREAS, the City of Santa Cruz (‘City”) owns certain real property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, APNs 022-721-07, 022-721-08, and 022-721-09; and
WHEREAS, the property has been previously declared by the City Council to be surplus property and offered for lease or sale to entities listed in Government Code Section 54222; and WHEREAS, The City of Scotts Valley has offered to purchase the property AS-IS for the appraised value subject to certain negotiated terms; and WHEREAS, any and all monies collected under the proposed Purchase Sale Agreement shall be deposited into the City Public Trust Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is authorized and directed to execute a Purchase Sale Agreement between the City of Santa Cruz and the City of Scotts Valley for the City-owned property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, along with modifications of a non-substantive or conforming nature, in a form to be approved by the City Attorney, and the City Manager or his designee is authorized to take any further actions and execute any other related documents necessary to conclude the sale.
PASSED AND ADOPTED this 30th day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: _________________________
Fred Keeley, Mayor
ATTEST: _____________________________
Bonnie Bush, City Clerk Administrator
28.4 82811.00004\42187080.1
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is made and entered into as of ______________, 2024 for reference purposes only, by and between the City of Santa Cruz, a California municipal corporation (“Seller”), and the City of Scotts Valley, a California municipal corporation (“Buyer”). The date by which both Buyer and Seller have executed this Agreement and delivered the same to one another, shall hereinafter be referred to as the “Effective Date”.
IN CONSIDERATION of the respective agreements hereinafter set forth, Seller and Buyer hereby agree as follows:
1. Purchase and Sale of Property. Seller hereby agrees to sell “AS-IS” and convey to Buyer, and Buyer hereby agrees to purchase from Seller “AS-IS”, subject to the terms and conditions set forth herein, the following (collectively, the “Property”):
(a) That certain real property located at the northwest corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, County of Santa Cruz, California, commonly referred to as Assessor's Parcel Numbers 022-721-07, 022-721-08, and 022-721-09, all as more fully described in Exhibit A (the “Land”), together with all rights, privileges, easements or appurtenances to or affecting the Land (collectively, the “Appurtenances”). (b) Vacant Property. The Land is vacant and does not contain any personal property.
2. Purchase Price.
(a) The purchase price for the Property (“Purchase Price”) shall be Seven Million Seven Hundred Fifty Thousand Dollars ($7,750,000.00). (b) The Purchase Price shall be paid as follows:
(i) Within three (3) days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith (“Escrow”) at First American Title, 4450 Capitola Road #103, Capitola, CA 95010, Attn: Joyce Avila (“Escrow Holder”), and Buyer shall deposit into Escrow the amount of One Hundred Thousand Dollars ($100,000.00) (“Deposit”) in cash or other immediately available funds.
(ii) The Deposit shall be held by Escrow Holder in an interest-bearing account for the benefit of Buyer in accordance with this Agreement. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within three (3) days of the Effective Date. The Independent Consideration shall serve as
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2 consideration for the granting of the time periods herein contained for Buyer to exercise Buyer's right to satisfy and approve all of Buyer's conditions herein contained. (iii) The Deposit (less the Independent Consideration) are referred to herein from time to time as the “Earnest Money.” The Earnest Money shall be held by Escrow Holder in an interest-bearing account for the benefit of Buyer in accordance with this Agreement. (iv) If the Closing (as defined herein) as contemplated hereunder should occur, then the Earnest Money will be paid by the Escrow Holder to Seller at the Closing, and the Earnest Money and any interest accrued thereon will be credited against the Purchase Price payable by Buyer to Seller at the Closing.
(v) If this Agreement is not terminated prior to the expiration of the Feasibility Period, the Earnest Money and any interest accrued thereon shall be nonrefundable to Buyer, except that if this Agreement is terminated prior to the Closing due to Seller's default or the failure of any of the Conditions Precedent (as defined herein) or as expressly set forth herein, then the Earnest Money together with any interest accrued thereon shall be returned to Buyer. The Earnest Money together with all interest accrued thereon shall be applied to the Purchase Price at the Closing.
(vi) On or before the Closing, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow cash or other immediately available funds in the amount of One Million Dollars (the “Down Payment”).
(vii) After Closing, Buyer shall pay the remainder of the Purchase Price (after the Deposit and Down Payment, an amount equal to $6,650,000.00 (the “Loan Amount”)) in accordance with the Promissory Note executed by Buyer in favor of Seller, which is attached hereto as Exhibit F and incorporated herein by reference (the “Note”). The Note shall bear interest of four and one-half percent (4.5%) per annum.
(viii) The Note shall be secured by a Deed of Trust to be recorded in the official records of the County of Santa Cruz, which is attached hereto as Exhibit G and incorporated herein by reference (the “Deed of Trust”). (c) Buyer and Seller agree to the following regarding environmental remediation on the Property:
(i) The Purchase Price reflects Seller’s agreement to a reduction in price from the appraised value of the Property in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00). In consideration of this price reduction, Buyer agrees that Seller shall have no further responsibility for the cost of a vapor barrier and any other cost relating to remediation of underground contamination, including but not limited to all remediation of groundwater contamination (“Underground Contamination”). Buyer shall be solely and exclusively responsible for any and all costs of Underground Contamination, and shall comply with all legal requirements arising from or related to the underground contamination. (ii) Buyer and Seller agree that the Property requires surface-level environmental remediation that includes: limited non-hazardous soil removal, off hauling and
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3 import of clean, quarry sourced fill (“Surface Remediation”). Prior to this Agreement, Buyer and Seller jointly conducted the Surface Remediation and are currently awaiting a closure order from the County of Santa Cruz. Seller agrees to reduce the Loan Amount based on Surface Remediation costs that are actually incurred and paid, subject to Seller’s review and approval of such Surface Remediation cost documentation by Seller, provided that the total reduction of the Loan Amount shall not exceed Two Hundred Seventy Five Thousand Dollars ($2750,000.00). If the estimated costs for Surface Remediation exceeds this amount, then Seller’s written consent to any additional costs shall be a condition precedent to Closing for the benefit of Seller as set forth in Section 6 below.
3. Title to the Property. At the Closing, Seller shall cause to be conveyed to Buyer fee simple title to the Property by duly executed and acknowledged grant deed substantially in the form attached hereto as Exhibit B and incorporated herein by this reference (the “Deed”) as well as a duly executed Bill of Sale for the Personal Property, if any. As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed. Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner's policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided below (the “Title Policy”). The Title Policy shall provide full coverage against mechanics' and materialmen's liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer's approval of any title exceptions (the “Endorsements”). Within five (5) business days following the opening of Escrow, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than thirty (30) business days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves (“Buyer's Disapproval Notice”). Failure of Buyer to notify Seller of Buyer's disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) business days after receipt of Buyer's Disapproval Notice whether it elects to remove such other items disapproved by Buyer. If by the expiration of the Feasibility Period, there remain exceptions to title which have not been modified to the satisfaction of Buyer and/or removed prior to the Closing Date, then Buyer may elect to do either of the following by the expiration of the Feasibility Period: (i) accept such exceptions and proceed to take title to the Real Property subject to such exception(s); or (ii) this Agreement may be terminated in accordance with Section 4(b).
In the event Buyer elects to terminate this Agreement pursuant to this Section 3, neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination).
4. Feasibility.
(a) From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall afford authorized representatives of Buyer access to the Property,
28.7 82811.00004\42187080.1
4 upon reasonable prior notice to Seller, and so long as such access does not unreasonably interfere with the conduct of business on or use of the Property, for purposes of conducting such physical inspections and investigations of the Property as Buyer deems necessary (the “Inspections”).
Seller's representative shall be present with Buyer or Buyer's representative for any access to the Property. The Inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property and the systems serving the Property; (iii) a review of the environmental condition of the Property, including a Phase I environmental site assessment and any proposal regarding a Phase II environmental site assessment. Buyer agrees not to conduct or cause to be conducted a Phase II environmental site assessment without the prior written consent of Seller. Buyer's Inspections and investigations shall be governed by Section 14. (b) As used herein, the term (“Feasibility Period”) shall refer to a period of time to expire at 5:00 p.m., California time, on the thirtieth (30th) calendar day following the Effective Date; provided, however, that if the 30th day is a Saturday, Sunday or holiday on which banking institutions are closed in the State of California, then the Feasibility Period shall expire on the following business day. Buyer may elect, by written notice to Seller at any time prior to the expiration of the Feasibility Period, to terminate this Agreement, which election shall be in Buyer's sole and absolute discretion. If Buyer desires to terminate this Agreement pursuant to this Section 4(b) then before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of Buyer's election to terminate (the “Buyer's Notice to Terminate”). If Buyer desires to proceed with the purchase of the Property subject to the remaining conditions set forth in this Agreement, then on or before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of such election to proceed (the “Buyer's Notice to Proceed”), electing to waive Buyer's right of termination pursuant to this Section 4(b) and proceed with the Closing subject to the remaining conditions set forth in this Agreement. If Buyer fails to deliver either Buyer's Notice to Terminate or Buyer's Notice to Proceed to Seller prior to the expiration of the Feasibility Period, then Buyer shall be deemed to have elected to proceed with this Agreement and the Closing. In the event of the termination of this Agreement pursuant to this Section 4(b), neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination). (c) In the event Buyer elects to terminate this Agreement pursuant to Section 4(b), or if Closing does not occur for any reason, Buyer shall return all Seller's Deliveries to Seller. Buyer further agrees that prior to Closing, Buyer shall provide Seller with copies of all studies, reports, appraisals and other materials commissioned by or prepared for Buyer relating to or regarding the Property (“Buyer's Reports”), at no cost to Seller.
5. Seller's Deliveries. Within five (5) business days following the Effective Date, Seller shall deliver to Buyer, whether electronically or otherwise, the materials described on Exhibit E, which shall contain copies of documents in Seller's possession or control, or to which Seller has access (collectively, the “Seller's Deliveries”). Seller makes no representation whatsoever about the content, accuracy, completeness or value of any of Seller's Deliveries. All Seller's Deliveries will be provided to Buyer without warranty from Seller regarding the accuracy or completeness of the information contained therein, and such documents may or may not be assignable to Buyer. The delivery of such reports and studies shall be subject to the proprietary rights of any engineer or other consultant preparing the same and any limitations on use imposed
28.8 82811.00004\42187080.1
5 by them. Buyer assumes all risk of reviewing and understanding any and all information contained in Seller's Deliveries. Seller shall deliver a Natural Hazards Disclosure Report with Seller's Deliveries.
6. Conditions to Seller's Obligations. Seller's obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Seller and may be waived by Seller in writing in Seller’s sole and absolute discretion:
(a) Buyer shall not be in default under this Agreement. (b) Each representation and warranty made in this Agreement by Buyer shall be true and correct in all material respects at the time as of which the same is made and as of the Close of Escrow.
(c) Seller agrees to credit the cost of Surface Remediation as required under Section 2(c)(ii) of this Agreement, or Seller and Buyer mutually agree to an alternative cost sharing arrangement.
(d) Escrow Holder shall be unconditionally committed to issue a Lender’s Policy to Seller upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Seller.
(e) Buyer shall have delivered a Certificate of Acceptance or documented authorization to execute the Certificate of Acceptance. (f) Buyer shall have complied with all of Buyer’s duties and obligations contained in this Agreement and all of Buyer's representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.
7. Conditions Precedent to Closing. The following are conditions precedent to Buyer's obligation to purchase the Property (the “Conditions Precedent”). The Conditions Precedent are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer’s sole and absolute discretion. In the event any Condition Precedent is not satisfied, Buyer may, in its sole and absolute discretion, terminate this Agreement, subject to the provisions of Section 8.
(a) Buyer's inspection, review and approval, within the Feasibility Period, of all of the following:
(i) The physical characteristics and condition of the Property (including without limitation the condition of the soils); and
(ii) Seller's Deliveries.
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6 (b) Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided in Section 3 above. (c) Seller shall have complied with all of Seller's duties and obligations contained in this Agreement and all of Seller's representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.
8. Default; Remedies.
(a) Default by Seller. In the event any of the specific representations or warranties of Seller contained in this Agreement proves to be untrue in any material respect, or if Seller refuses to perform its obligations at Closing after Buyer tenders its performance of its obligations or to materially comply with any of the provisions hereof at or prior to Closing, then, at Buyer's option, Buyer may elect to (a) terminate this Agreement, receive a refund of the all deposits required by Buyer, including the non-refundable Deposit, from Title Company within five (5) business days of written receipt by Title Company of a written request from Buyer (with a copy going to Seller), and the parties shall have no further liability to each other, or (b) proceed with the equitable remedies available to Buyer. If Seller has withdrawn the Deposit from Escrow, Seller shall fund the withdrawn amounts to Escrow within 3 business days of notice from Title Company.
Buyer's remedies for Seller default shall be limited to the right of specific performance and the remedies contained within this Section 8(a). To the extent permitted by law, Buyer waives all right to seek consequential, punitive or other damages against Seller for Seller’s default. (b) Default by Buyer; LIQUIDATED DAMAGES. IF THE SALE OF THE
PROPERTY PURSUANT TO THIS AGREEMENT IS NOT CONSUMMATED SOLELY
BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER, THE INITIAL DEPOSIT AND ANY EXTENSION DEPOSIT (THE “DEPOSITS”), AND ALL BUYER'S REPORTS, SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES.
THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF
A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR INITIALS BELOW, THE PARTIES
ACKNOWLEDGE THAT THE EARNEST MONEY AND BUYER'S REPORTS HAVE BEEN
AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE
OF SELLER'S DAMAGES AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY
AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. UPON THE OCCURRENCE OF ANY SUCH DEFAULT BY BUYER, BUYER SHALL DELIVER WITHIN 2 BUSINESS DAYS OF
SELLER'S REQUEST ALL BUYER'S REPORTS AND APPROPRIATE DOCUMENTS ASSIGNING SAME TO SELLER. SELLER HEREBY WAIVES ANY AND ALL BENEFITS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3389. FURTHERMORE,
THE PAYMENT AND RETENTION OF SUCH EARNEST MONEY AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. UPON BUYER'S DEFAULT, SELLER MAY
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7 INSTRUCT ESCROW HOLDER TO CANCEL THE ESCROW, AND PROMPTLY UPON RECEIPT OF SAID INSTRUCTIONS, ESCROW HOLDER SHALL (i) CANCEL THE ESCROW, (ii) PAY ALL OF ESCROW HOLDER'S CHARGES FROM THE EARNEST MONEY, AND (iii) DISBURSE TO SELLER THE EARNEST MONEY PURSUANT TO THIS SECTION 8.
INITIALS: Seller _________ Buyer __________
9. Escrow; Closing, Prorations.
(a) Upon mutual execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Escrow Holder and this Agreement shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. Seller and Buyer shall execute such supplemental Escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement, provided such supplemental Escrow instructions are not in conflict with this Agreement as it may be amended in writing from time to time. In the event of any conflict between the provisions of this Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of this Agreement shall control. (b) The Closing shall take place (the “Closing Date”) on or before the date that is ninety (90) days following the expiration of the Feasibility Period or as may be extended as provided below.
(c) At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the following:
(i) the duly executed and acknowledged Grant Deed for the Property and the duly executed Bill of Sale;
(ii) a duly executed affidavit that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986 in the form attached as Exhibit D and incorporated herein by this reference together with a duly executed non-foreign person affidavit and evidence that Seller is exempt from the withholding obligations imposed by California Revenue and Taxation Code Sections 18805, 18815, and 26131; (iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Seller have been duly authorized and executed on behalf of Seller and constitute valid and binding obligations of Seller.
(iv) any other documents which the Escrow Holder may reasonably require from Seller in order to close Escrow which do not increase Seller's liability or obligations hereunder;
(v) a closing statement in form and content satisfactory to Buyer and Seller (the “Closing Statement”) duly executed by Seller; and (vi) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
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8 (d) At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following:
(i) the Closing Statement, duly executed by Buyer;
(ii) the balance owed for the Purchase Price, less amounts paid pursuant to the Note; and
(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
(e) Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof, including but not limited to: the Note, the Deed of Trust, and a Certificate of Acceptance executed by the duly authorized representative of the City Council for the City of Scotts Valley. (f) The following are to be paid by Buyer or Seller or apportioned as of the Closing Date, as follows:
(i) General real property taxes for the year in which Closing occurs together with assessments, property operating expenses, utilities and other recurring costs relating to the Property shall be apportioned as of the Closing Date on the basis of a thirty (30)-day month. (ii) Costs and expenses of Escrow incurred in this transaction shall be paid as follows:
(1) Seller and Buyer shall each pay one-half (1/2) shall pay all sales, use and documentary transfer taxes;
(2) Seller shall pay the cost for a standard ALTA Lender’s policy and any extended coverage if desired;
(3) Buyer shall pay the cost for a standard ALTA coverage owner's policy of title insurance and any extended ALTA coverage if desired; (4) Seller and Buyer shall each pay one-half (1/2) of the Escrow fees, recording fees and related expenses;
(5) Seller and Buyer shall each pay one-half (1/2) of any city or county transfer taxes due;
(6) all other costs of escrow shall be paid equally by Buyer and Seller.
(iii) The provisions of this Subparagraph (g) shall survive the Closing.
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9 10. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represent and warrants to Buyer as follows:
(a) This Agreement and all documents executed by Seller which are to be delivered to Buyer at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, are and at the time of Closing will be legal, valid and binding obligations of Seller enforceable against Seller in accordance with their respective terms. Seller has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. (b) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against Seller, nor are any such proceedings contemplated by Seller. (c) No Representations as to Property. There are no representations, agreements, arrangements, or circumstances, oral or written, between the parties relating to the subject matter contained in this Agreement that are not fully expressed in the Agreement, and Seller has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the Property, including but not limited to its fitness for a particular use, its physical condition or any other matter.
(d) Seller’s Obligations for Cost of Surface Remediation. During the Escrow Period, Seller will cooperate with Buyer in preparing for an updated estimate for the cost of the Surface Remediation, and that Seller agrees to the provisions of Section 2(c)(ii) of this Agreement regarding a reduction of the Loan Amount.
(e) Sale “AS-IS”. Subject to Seller's representations and warranties contained herein, Buyer's election to purchase the Property will be based upon and will constitute evidence of Buyer's independent investigation of the Property, its use, development potential and suitability for Buyer's intended use, including (without limitation) the following: the feasibility of developing the Property for the purposes intended by Buyer and the conditions of approval for any subdivision map; the size and dimensions of the Property; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the Property; any surface, soil, subsoil, fill or other physical conditions of or affecting the Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, parcel or subdivision maps and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act, and any other governmental permits, approvals or acts (collectively “Permits”); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the Property; and all of the matters concerning the condition, use,
28.13 82811.00004\42187080.1
10 development or sale of the Property. Seller will not be liable for any loss, damage, injury or claim to any person or property arising from or caused by the development of the Property by Buyer.
Except with respect to a default by Seller hereunder (including a breach of Seller's warranties and representations), Buyer at the Close of Escrow expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
Buyer's Initials: ________ Seller's Initials: ________.
11. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller as follows:
(a) This Agreement and all documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject. Buyer has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby.
(b) Buyer warrants that Buyer is a sophisticated owner and buyer of real property, familiar and experienced with requirements for the development of real property. Buyer has examined the Property or will have done so by Closing, is or will be familiar with its physical condition, and accepts the Property in an “AS-IS” condition. (c) Buyer has conducted or will conduct an independent investigation with respect to zoning and subdivision laws, ordinances, resolutions, and regulations of all governmental authorities having jurisdiction over the Property, and the use, disposition and improvement of the Property and is, or at Closing will be, satisfied with the results of such investigation.
(d) The Property is being sold “AS-IS” and with all faults. Buyer acknowledges and agrees that the Purchase Price reflects Seller’s agreement to a price reduction in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) from the appraised value of the Property for the cost of remediation set forth in Section 2(c)(i) of this Agreement. (e) Buyer acknowledges and agrees that the Property requires the Surface Remediation and that Seller’s financial responsibility for the Surface Remediation shall not exceed the amount set forth in Section 2(c)(ii), which shall only be satisfied as a reduction of the Loan Amount in accordance with the Note.
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11 (f) Buyer acknowledges and agrees that the Property will be subject to a deed restriction imposed by the County of Santa Cruz, or other responsible government agency, as a result of environmental contamination of the Property, including but not limited to the Surface Remediation, and that Buyer will take all necessary steps to comply with any requirement for a deed restriction imposed by the County of Santa Cruz or other responsible government agency with jurisdiction over any environmental remediation required at the Property. This obligation shall survive the expiration of this Agreement.
(g) If Buyer seeks to perform any additional remediation work on the Property prior to Close of Escrow, Buyer shall request Seller’s written consent. Buyer shall make any such request in writing, and allow Seller at least ten (10) days to respond to the request. Seller shall have the sole and absolute discretion to approve or deny the request.
12. Environmental Matters/Release. As used in this Agreement, “Hazardous Materials” includes petroleum, asbestos, radioactive materials or substances defined as '“hazardous substances,” “hazardous materials” or “toxic substances” (or words of similar import) in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.
Section 6901, et seq.), and under the applicable laws of California. Buyer must rely on its own investigation and not on any representation by Seller regarding Hazardous Materials. Buyer shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Buyer's independent expert(s) in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by Seller or any employee or agent of Seller. Seller makes no representations regarding Hazardous Materials in, on or under the Property. Seller's knowledge and disclosures regarding Hazardous Materials are limited to the contents of Seller's Deliveries.
Accordingly, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past present, or future presence of Hazardous Materials on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereinafter enacted, regulating or governing use, handling, storage or disposable of Hazardous Materials, including, without limitation (i) any and all remedies Buyer may now or hereafter have under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), as amended, and any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as amended and any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA (42 U.S. C.A. § 9607).
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW
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12 “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE
DEBTOR”
BY INITIALING BELOW, BUYER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH
THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING
WAIVERS AND RELEASES.
_______________
(Buyer's Initials)
13. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.
14. Indemnity.
Buyer agrees to indemnify Seller and the Property against, and to hold and save Seller and the Property harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to attorneys' fees and court costs, as a result of the Inspections and any remediation work performed on the Property by Buyer, its agents, employees, contractors, or subcontractors; provided, however, that Buyer will not be obligated to indemnify Seller with respect to its own negligence. The foregoing indemnity shall survive termination of this Agreement. Buyer shall not suffer or permit any mechanic's or materialmen's or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of Buyer in connection with or as a result of any Inspections. If any such lien shall be filed against the Property, Buyer shall cause such lien to be discharged or bonded within thirty (30) days after such filing. Following any Inspections Buyer shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by Seller, or its agents or employees). Prior to any entry on the Property Buyer or its consultant shall at its sole cost obtain a policy of liability insurance with a combined single limit in an amount not less than One Million Dollars ($1,000,000); Seller shall each be named an additional insured on said policy; and Buyer or its consultants shall furnish to Seller a certificate of insurance confirming such coverage.
15. Condemnation.
(a) In the event a governmental entity commences eminent domain proceedings to take any portion of the Property after the date hereof and prior to the Closing, then Buyer shall have the option to terminate this Agreement by written notice to Seller within ten (10) business
28.16 82811.00004\42187080.1
13 days after Buyer first learns of such commencement. In the event of any such termination, the Earnest Money, together with all interest, shall be returned to Buyer. Buyer and Seller shall each be liable for one-half of any escrow fees or charges, and neither party shall have any further liability or obligation under this Agreement.
(b) In the event a governmental entity commences eminent domain proceedings to take any part of the Property after the date hereof and prior to the Closing and this Agreement is not terminated pursuant to Section 15(a), then the Closing shall occur as scheduled notwithstanding such proceeding; provided, however, that Seller's interest in all awards arising out of such proceedings (except for any award attributable to the loss of Seller's business or income, Seller's personal property, or the property of any tenant of the Property) shall be assigned to Buyer as of the Closing or credited to Buyer if previously received by Seller. Seller's obligations pursuant to this Section 15(b) shall survive the Closing.
16. Possession. Possession of the Property shall be delivered to Buyer on the Closing Date free of any occupant or property not being conveyed to Buyer as provided hereunder.
17. Seller's Cooperation with Buyer. At no cost to Seller, Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, at no additional cost to Seller, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.
18. Brokers and Finders. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. In the event that any such broker or finder claims a commission or finder's fee based upon any contact, dealings or communication, the party through whom the broker or finder makes its claim shall be responsible for said commission or fee and all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by the other party in defending against the same. The party through whom any such other broker or finder makes a claim shall hold harmless, indemnify and defend the other party hereto, its successors and assigns, agents, employees, officers and directors, and the Property from and against any and all obligations, liabilities, claims, demands, liens, encumbrances and losses (including, without limitation, attorneys' fees), arising out of, based on, or incurred as a result of such claim. The provisions of this Section 18 shall survive the Closing or termination of this Agreement.
19. Legal Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with the prosecution or defense of said action.
20. Publicity and Confidentiality. Buyer acknowledges that Seller is a public entity and that this Agreement shall be a matter of public record and available to the public under the Public Records Act. Notwithstanding the foregoing, Buyer agrees to not make any public announcements regarding the Property prior to Closing.
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14 21. Miscellaneous.
(a) Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, (ii) one business day after being deposited with Federal Express or another reliable overnight courier service for next day delivery, (iii) upon facsimile transmission (except that if the date of such transmission is not a business day or if such transmission is made after 5:00 p.m. on a business day, then such notice shall be deemed to be given on the first business day following such transmission), or (iv) two business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or such other address as either party may from time to time specify in writing to the other in accordance herewith):
If to Seller: City of Santa Cruz
337 Locust Street
Santa Cruz, CA 95060
Attn: Bonnie Lipscomb
Email: [email protected]
With a copy to: Anthony P. Condotti
City Attorney
Atchison, Barisone & Condotti
333 Church Street
Santa Cruz, CA 95060
Email: [email protected]
If to Buyer: _______________________________
Attn: __________________________
_______________________________
_______________________________
Email ___________________________
With a copy to: _______________________________
Attn: __________________________
_______________________________
_______________________________
Email ___________________________
To Escrow Holder: _______________________________
Attn: __________________________
_______________________________
_______________________________
Phone: _________________________
Email ___________________________
28.18 82811.00004\42187080.1
15 (b) Successors and Assigns. Buyer shall have the right to assign this Agreement to any entity controlling, controlled by or under common control with Buyer without Seller's consent or approval, and otherwise Buyer shall have the right to assign this Agreement to any entity subject to Seller's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Any such assignee shall assume all obligations of Buyer hereunder; however, Buyer shall remain liable for all obligations hereunder. Seller shall have the right to assign this Agreement. Except as otherwise permitted by this paragraph, neither this Agreement nor the rights of either party hereunder may be assigned by either party. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns.
(c) Amendments. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.
(d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(e) Construction. Headings at the beginning of each Section and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to Sections and subparagraphs are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated by this reference.
(f) No Joint Venture. This Agreement shall not create a partnership or joint venture relationship between Buyer and Seller.
(g) Merger of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof, including without limitation, any letters of intent previously executed or submitted by either or both of the parties hereto, which shall be of no further force or effect upon execution of this Agreement. (h) Time of the Essence. Time is of the essence of this Agreement. As used in this Agreement, a “business day” shall mean a day which is not a Saturday, Sunday or recognized federal or state holiday. If the last date for performance by either party under this Agreement occurs on a day which is not a business day, than the last date for such performance shall be extended to the next occurring business day.
(i) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (j) Further Assurances. Each of the parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties.
28.19 82811.00004\42187080.1
16 (k) Exhibits. All exhibits attached hereto and referred to herein are incorporated herein as though set forth at length.
(l) Captions. The captions appearing at the commencement of the sections and paragraphs hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section and paragraph and not such caption shall control and govern in the construction of this Agreement. (m) No Obligation To Third Parties. Execution and delivery of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than each other. (n) Waiver. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. (o) Interpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. (p) Counterparts/Facsimile/.PDF Signatures. This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below.
SELLER:
_____________________. a __________________
By:_______________________________________
Name: ___________________________________
28.20 82811.00004\42187080.1
17 Its: ______________________________________
Date: ____________________________________
APPROVED AS TO FORM
______________________________
Tony Condotti
City Attorney
BUYER:
By:_______________________________________
Name: ___________________________________
Its: ______________________________________
Date: ____________________________________
28.21 82811.00004\42187080.1
EXHIBIT A
LEGAL DESCRIPTION
28.22 82811.00004\42187080.1
EXHIBIT B
FORM OF DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO, AND
MAIL TAX STATEMENTS TO:
[buyer address or attorney]
__________________________________________________________________________ A.P.N.: _________________________ (Space Above Line for Recorder's Use Only)
EXEMPT FROM RECORDING FEES AND TRANSFER TAX
GOV. CODE § 27383; R&T CODE § 11922
GRANT DEED
FOR VALUE RECEIVED, _______________________________________ (“Grantor”), grants to ____________________________ (“Grantee”), all that certain real property situated in the County of ________________, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the “Property”).
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 20__.
GRANTOR:
__________________________________________
By:_______________________________________
Name: ___________________________________
Its: ______________________________________
28.23 82811.00004\42187080.1 2
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ________________ )
On ___________________, before me, _____________________________, a Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
28.24 82811.00004\42187080.1
EXHIBIT C
PERSONAL PROPERTY
28.25 82811.00004\42187080.1
EXHIBIT D
TRANSFEROR'S CERTIFICATION OF NON-FOREIGN STATUS
This form is provided so that the Buyer and/or Seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the Escrow Agent and/or Buyer. Buyer (“Transferee”) must retain a copy of this document until after the fifth taxable year following the transfer.
Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform Transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of _________________________________ (“Transferor”):
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder).
2. The Transferor is not a disregarded entity as defined in Income Tax Regulation Section 1.1445-2(b)(2)(iii).
3. The Transferor's U.S. employer or tax identification number is ______________.
4. The Transferor's office address is
The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.
Date:______________, 20__ TRANSFEROR:
__________________________________________
By:_______________________________________
Name: ___________________________________
Its: ______________________________________
28.26 82811.00004\42187080.1
EXHIBIT E
SELLER DELIVERIES
28.27 82811.00004\42187080.1 2
EXHIBIT F
FORM OF PROMISSORY NOTE
PROMISSORY NOTE
(SKYPARK PROPERTIES)
Principal Sum Not to Exceed _______, 2023
$6,650,000.00 Santa Cruz, California
FOR VALUE RECEIVED, the City of Scotts Valley, a California municipal corporation (the “Maker” or “Borrower”), having an address at _____________________, promises to pay the City of Santa Cruz, a California municipal corporation (“Payee” or “City”), the principal sum not to exceed SIX MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($6,650,000.00) (the “Loan Amount”), or so much of such principal as may be advanced, together with interest thereon accruing from the date of this Note at a rate of 4.5% simple interest.
1. Purpose. This Note is made and delivered pursuant to and in implementation of the Purchase and Sale Agreement entered into by and between City and Borrower, of even date herewith, which provides for the acquisition by the Maker of the Property described in Section 3 below. The term “Property” means that real property described in the Deed of Trust securing this Note. Capitalized terms used in this Note that are not defined herein have the meaning set forth in the Loan Agreement.
2. Security. Payment of this Note is secured by a Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing of even date herewith (the “Deed of Trust”) from Maker to Payee recorded upon the Property in the official records of Santa Cruz County.
3. Property. Maker will acquire the Property located at the northwest corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, County of Santa Cruz, California, commonly referred to as Assessor's Parcel Numbers 022-721-07, 022-721-08, and 022- 721-09 , all as more fully described in the Purchase and Sale Agreement (collectively, the “Property”).
4. Maturity Date. This Note shall be due and payable in full at the earlier of (i) sale of the Property any other person or entity; (ii) an uncured Default under the Loan Agreement or (iii) the expiration of the Term of Payment, as determined by Section 5.
5. Payment.
(A) Loan Amount After Reductions. The Loan Amount at Close of Escrow shall be adjusted for any reduction based on the costs of Surface Remediation, as required by the Purchase and Sale Agreement.
(B) Maker’s Payment Options. Prior to Close of Escrow, Maker shall elect to make payments of principal on the Loan Amount and interest thereon in accordance with one of the following Payment Options by giving written notice to Payee. The following payment amounts do not reflect any reductions pursuant to sub-paragraph (A) of this Section 5.
28.28 82811.00004\42187080.1 3
(i) 15-Year Amortization Payment Option: Maker shall make annual payments of principal and interest in the amount of Six Hundred Fifty One Thousand Seven Hundred Ninety Seven Thousand ($651,797.00) for a period of fifteen (15) years and an additional balloon payment of Three Million Eight Hundred Forty Thousand Eight Hundred Forty Three ($3,840,843.00) on the date that is eight (8) years from the Close of Escrow. (ii) 8-Year Amortization Payment Option: Maker shall make annual payments of principal and interest in the amount of One Million Sixty One Thousand Two Hundred Sixty Seven Dollars ($1,061,267.00) for a period of eight (8) years. 6 Payment Location. Payment shall be made in lawful money of the United States to the City of Santa Cruz, 337 Locust Street, Santa Cruz, CA 95060. The place of payment may be changed from time to time as the Payee may from time to time designate in writing.
7. Default. The occurrence of any of the following shall constitute an event of default under this Note:
A. Maker fails to pay any amount due hereunder within thirty (30) days of its due date; or
B. Any default by Maker under this Note, the Deed of Trust, or other material terms and conditions of the Purchase and Sale Agreement after the expiration of all applicable cure periods; or
C. Any default by Maker under any other obligation of Maker recorded against the Property after the expiration of all applicable cure periods.
Maker shall not be considered in default under this Note until the expiration of all notice and cure periods provided to Maker. Upon the occurrence of any uncured event of default, or at any time thereafter, at the option of the Payee hereof, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. This option may be exercised at any time following any such event, and the acceptance of one or more installments thereafter shall not constitute a waiver of Payee’s option. Payee’s failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. Payee’s failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.
8. Default Interest Rate. At all times when Maker is in default hereunder by reason of Maker’s failure to pay any amounts due under this Note within applicable cure periods, the interest rate on the sums as to which Maker is in default (including principal, if Payee has elected to declare it immediately due and payable), shall be the highest rate then allowed by law as of the date of the default or 8% per annum, whichever is lower.
9. Waivers. Maker and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any
28.29 82811.00004\42187080.1 4
extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.
10. Costs. Maker agrees to pay immediately upon demand all reasonable costs and expenses of Payee actually incurred including reasonable attorneys’ fees:
A. If after default and the expiration of all notice and cure periods this Note is placed in the hands of an attorney or attorneys for collection; B. If after a default hereunder or under the Deed of Trust or Purchase and Sale Agreement and after the expiration of all notice and cure periods Payee finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Maker, any guarantor or any other party liable therefor or to the protection of its rights under this Note, the Deed of Trust, or the Purchase and Sale Agreement; or C. If Payee seeks to have the Property abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of this Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court.
D. If Payee shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental entity, affecting the Property or the title thereto or the interest of the Payee under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, Payee shall be reimbursed by Maker immediately upon demand for all costs, charges and reasonable attorneys” fees incurred by Payee in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Property.
11. Notices. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested at the address stated in this Note or at such address as either party may designate by written notice.
12. Successors. This Note shall be binding upon Maker, its successors and assigns.
13. California Law. This Note shall be construed in accordance with and be governed by the laws of the State of California.
14. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
15. Nonrecourse. This Note is a nonrecourse obligation of Maker. Neither Maker nor any of its officers, directors or agents shall have any personal liability for repaying the principal or interest of the Note. In any action brought to enforce the obligations of Maker under this Note, the Deed of Trust or any other instrument or agreement evidencing, securing or relating to the indebtedness evidenced by this Note, the judgment or decree shall be enforceable against Maker solely and only to the extent of its interest in the property described in the Deed of Trust or its interest in any other
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security loaned by Maker as security for this Note, and Payee shall not seek any deficiency judgment against the Maker. The foregoing provisions shall not prevent recourse to the collateral security for the loan or constitute a waiver, release or discharge of or otherwise affect the obligation to pay, any indebtedness evidenced by the loan documents executed in connection with the Development or limit the right of any person to name the Maker or any other person claiming an interest in or right to such collateral as party defendant in any action or suit for judicial foreclosure or in the exercise of any other remedy, including injunctive or other equitable relief, under any of the loan documents executed in connection with this Development so long as no deficiency judgment shall be sought against the Maker.
The foregoing limitation shall not apply to any and all loss, damage, liability, action, cause of action, cost or expense (including without limitation, reasonable attorneys’ fees and expenses) to the extent incurred by Payee as a result of any:
A. Fraud or material misrepresentation under or in connection with the loan or any loan document executed in connection with the Development; B. Intentional bad faith waste of the Property by the Maker; C. Losses resulting from Maker’s failure to maintain insurance as required under the Deed of Trust; or
D. Misappropriation of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security by the Maker.
If any of the events listed in the foregoing (A) through (D) occurs, Payee shall have the right to proceed directly against Maker at the time the event giving rise to the recourse liability occurred to recover any and all loss, damage, liability, action, cause of action, cost or expense (including without limitation, reasonable attorneys’ fees and expenses) incurred by Payee.
16. Nonliability of Maker and Payee Officials and Employees.
A. No partner, official or employee of the Payee shall be personally liable to the Maker in the event of any default or breach by the Agency or on any obligations under the terms of this Note.
B. No member, official or employee of the Maker shall be personally liable to the Payee in the event of any default or breach by the Maker or for any amount which may become due to the Payee or on any obligations under the terms of this Note.
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MAKER / BORROWER:
CITY OF SCOTTS VALLEY, A CALIFORNIA MUNICIPAL
CORPORATION
By: ___________________________
Name:
Title:
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EXHIBIT G
FORM OF DEED OF TRUST
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Cruz
337 Locust Street
Santa Cruz, CA 95060
Attn: City Clerk
Space above line for Recorder’s use only
Exempt from Recording Fees pursuant to Govt. Code § 27383
CITY OF SANTA CRUZ
DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND
FIXTURE FILING
(SKYPARK PROPERTIES)
This Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (“Deed of Trust”) is made as of ___________, 2023, among the City of Scotts Valley, a California Municipal Corporation (“TRUSTOR”), whose address is ______________________; [INSERT TRUSTEE INFORMATION] (“TRUSTEE”); and the City of Santa Cruz, California, a California Municipal Corporation (“BENEFICIARY”), whose address is 337 Locust Street, Santa Cruz, CA 95060.
Trustor irrevocably grants, conveys, transfers, and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor’s estate, right, title, and interest in, to and under the following property (collectively, the “Property”): (a) the real property in Contra Costa County, California, described on Exhibit A attached hereto and incorporated herein by this reference, together with all existing and future easements and rights affording access to it (the “Land”), (b) together with all buildings, structures, and improvements now existing or hereafter constructed thereon (the “Improvements”), (c) together with all articles of personal property now or hereafter attached to, placed upon for an indefinite term, or used in connection with the Land and/or Improvements, together with all goods and other property that are, or at any time become, so related to the Property that an interest in them arises under real estate law, or they are otherwise adjudged to be a “fixture” under applicable law (each a “Fixture,” collectively “Fixtures”), (d) together with all other property and interests of any kind or character which may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements.
1. Secured Obligations. Trustor makes the grant, conveyance, transfer, and assignment herein for the purpose of securing the following obligations (the “Secured Obligations”): (a) payment of the sum of Six Million Six Hundred Fifty Thousand Dollars ($6,650,000.00), reduced for any credits as set forth in the Promissory Note between the parties,
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executed on even date herewith, with interest thereon according to the terms of a promissory note (the “Note”) of even date herewith, executed by Trustor in favor of Beneficiary or order and any extension or renewals thereof; (b) payment of such further sums as the then record owner of the Property may borrow from Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; and (c) performance of each agreement and obligation of Trustor under that certain Purchase and Sale Agreement executed by Trustor and Beneficiary dated _________, 2023 (the “Purchase and Sale Agreement”), providing for the acquisition of the Property; and (d) obligations imposed by regulatory authorities for environmental remediation on the Property.
2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair and not remove or demolish any building; (b) complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character or use of the Property may be reasonably necessary.
3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term “extended coverage,” and any other hazards for which Beneficiary requires insurance, and liability insurance as reasonably required by Beneficiary. The policies shall name Beneficiary as a loss payee or an additional insured, as applicable, the policies shall include Beneficiary as an additional insured, as applicable.
4. Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys’ fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all non-abated taxes and assessments affecting the Property, including water stock assessments; (b) when due, all encumbrances, charges, and liens, with interest, on the Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all reasonable and documented costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust after written notice of such failure by Beneficiary and a reasonably opportunity to cure, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (a) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (b) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, contest or settle any encumbrance, charge or lien which in the judgment of either appears to be senior to this Deed of Trust; and (d) in exercising any such powers, pay allowable expenses, including attorneys’ fees.
6. Reimbursement of Costs. Trustor shall pay upon demand all reasonable and
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documented sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from date of expenditure at the maximum rate provided in the Note.
7. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.
8. Reconveyance. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note or notes to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as “the person or persons legally entitled thereto.”
9. Assignment of Rents. Subject to the rights of senior lenders, Trustor hereby absolutely and unconditionally assigns to Beneficiary all of the rents, issues, profits, royalties, revenues, income, and other benefits (collectively, the “Rents”) derived from the Property, whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the right, power, and authority, but not the obligation, to collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness secured hereby in such order as Beneficiary may determine in its sole discretion. This assignment of Rents is intended to create and shall be construed to create an absolute assignment to Beneficiary of all of Trustor’s right, title, and interest in the Rents.
So long as no default exists by Trustor in the payment of any indebtedness secured hereby, or in any other covenant contained herein, or in said note or notes or in any other document evidencing or securing such indebtedness, Trustor shall have the right to collect all Rents from the Property and to retain, use, and enjoy the same. Upon the occurrence of such a default beyond any applicable notice and cure periods, without the necessity of demand or other notice to Trustor or any other act to enforce Beneficiary’s interest pursuant to this assignment, Trustor shall have no interest whatsoever in the Rents that are received by Trustor after a default, and all such Rents shall be received and held by Trustor in constructive trust for Beneficiary and delivered promptly to Beneficiary, or to a court-appointed receiver for the Property, without the necessity for further notice to, or demand upon, Trustor. Upon the occurrence of such a default, beyond any applicable notice and cure periods, and at any time thereafter during the continuance thereof, Beneficiary may, at its option, send any tenant of the Property a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and (c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between Trustor and Beneficiary with respect to the existence of a default or the rights of Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor hereby agrees to indemnify, defend, and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.
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10. Default and Foreclosure. Upon default by Trustor in payment or performance of any Secured Obligation, subject to any applicable notice and cure period, Beneficiary may declare all sums secured immediately due and payable by delivery to Trustee of a declaration of default and demand for sale and of a notice of default and of a notice of sale, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note or notes, and all documents evidencing expenditures secured by this Deed of Trust. Upon default of any obligation secured by this Deed of Trust and acceleration of all sums due, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3455.
11. Substitution of Trustee. Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Said instrument must contain the name of the original Trustor, Trustee, and Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.
12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term “Beneficiary” shall mean the owner and holder, including pledgees, of the secured note or notes, whether or not named as Beneficiary herein.
13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
14. Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time reasonably require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance,
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to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.
15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary’s expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary’s option, as attorney-in-fact for Trustor, to commence, appear in, and prosecute, in Beneficiary’s or Trustor’s name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary’s expenses incurred in the collection of such amounts, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds, damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require.
Notwithstanding the above, the Beneficiary shall release all insurance and condemnation proceeds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that such restoration, repair or rebuilding is economically feasible. If such insurance proceeds shall be insufficient for such purposes, Trustor shall make up the deficiency.
If the Project is subject to a partial condemnation or taking, then the proceeds received therefrom shall be applied to restore the Project taken, provided the Beneficiary determines that such restoration is economically feasible and no default exists under the Loan Documents following the expiration of all applicable cure periods. If the Project is subject to a total condemnation, or if Beneficiary determines that restoration of the Project is not feasible following a partial condemnation, or if a default exists then the proceeds from any condemnation award or claim for damages shall be used first to repay all sums under the Note, with the excess, if any, paid to Trustor, subject to the rights of the senior lender.
16. Severability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
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illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.
17. Estoppel Certificate. Trustor shall, within thirty (30) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.
18. California Uniform Commercial Code Security Agreement; Fixture Filing.
Trustor hereby grants Beneficiary a security interest in all personal property of Trustor located on the Property and wherever located and used in any way in connection with or in any way relating to the Property, and whether now owned or hereafter in existence, acquired or created (including equipment, inventory, goods, documents, instruments, general intangibles, chattel paper, accounts, accounts receivable, deposit accounts, and contract rights), and all fixtures of Trustor now owned or hereafter in existence, acquired or created on, of or relating to the Property, and all substitutions, replacements, additions, accessions, and proceeds (including insurance proceeds) of all of the foregoing (collectively, the “Personal Property”). Beneficiary may file this Deed of Trust, or a reproduction hereof, in the real estate records or other appropriate index, as a financing statement for the Personal Property. Any reproduction of this Deed of Trust or of any other security agreement or financing statement shall be sufficient as a financing statement. In addition, Trustor shall execute and deliver to Beneficiary, upon Beneficiary’s request, any financing statements, as well as extensions, renewals, and amendments thereof, and reproductions of this Deed of Trust in such form as Beneficiary may require to perfect a security interest with respect to the Personal Property. Trustor shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Beneficiary may reasonably require. Upon Trustor’s breach of any covenant or agreement of Trustor contained in this Deed of Trust, including the covenants to pay when due all sums secured by this Deed of Trust, Beneficiary shall have the remedies of a secured party under the California Uniform Commercial Code and, at Beneficiary’s option, may also invoke any remedies provided in this Deed of Trust as to the Personal Property.
In exercising any of such remedies, Beneficiary may proceed against the Property and any of the Personal Property separately or together and in any order whatsoever, without in any way affecting the availability of Beneficiary’s remedies under the California Uniform Commercial Code or the remedies provided in the Deed of Trust. This Deed of Trust also covers goods which are or which are to become fixtures on the Property and constitutes and is filed as a fixture filing under the California Uniform Commercial Code.
19. Due-On-Sale or Encumbrance. If all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily, or by operational law, Beneficiary may, at Beneficiary’s option, declare all of the sums secured by this Deed of Trust to be immediately due and payable, and Beneficiary may invoke any remedies permitted by this Deed of Trust. [CONTINUED ON NEXT PAGE]
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The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor’s address hereinbefore set forth.
TRUSTOR:
CITY OF SCOTTS VALLEY, a California Municipal Corporation By:
Name:
Title:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
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ACKNOWLEDGEMENTS
State of California
County of ________________
On ______________________ before me, ________________________________, notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Section is true and correct.
WITNESS my hand and official seal.
Signature ____________________________ (Seal)
* * * * *
ACKNOWLEDGEMENTS
State of California
County of ________________
On ______________________ before me, ________________________________, notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Section is true and correct.
WITNESS my hand and official seal.
Signature ____________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
28.42 82811.00004\42187080.1 17
28.43 City Council
AGENDA REPORT
DATE: 4/26/2024
AGENDA OF: 4/30/2024
DEPARTMENT: Planning and Community Development
SUBJECT: 1130/1132 Mission Street: CP23-0103 (APN 006-203-24, -25) Appeal of the Planning Commission Approval of the Development Proposal at 1130/1132 Mission Street Involving Nonresidential Demolition Authorization Permit to Demolish Two Commercial Buildings, Boundary Adjustment to Combine Two Parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit, and Heritage Tree Removal Permit to Construct a Five-Story Mixed-Use Building Consisting of 2,627 Square Feet of Ground Floor Commercial Space and 48 Single Room Occupancy (SRO) Residential Units Above. The Project also Includes a Request for Density Bonus Including Waivers to Exceed Building Height, Setbacks, and Floor Area Ratio (FAR), as Well as Proposes to Utilize AB2097 to Reduce On-Site Parking. The Parcels Are Both Located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) Zone District and the Mission Street Overlay Zone. Environmental Determination:
Categorical Exemption 15332, In-Fill Development Projects. Owner:
Douglas Wallace. (PL)
RECOMMENDATION: Adopt a resolution denying the appeal(s), thereby upholding the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including waivers to exceed height and FAR and reduce setback requirements; and Design, Special Use, Watercourse Development Permits, and Heritage Tree Removal Permit, based on the findings listed in the draft Resolution and the Conditions of Approval attached as Exhibit “A.” BACKGROUND: This project involves a proposal to construct a five-story, mixed-use project consisting of ground level parking and commercial space and 48 Single-Room Occupancy (SRO) units. The subject parcels total 12,502 square feet and are currently zoned MU-M (Mixed-Use Medium Density). However, the previous CC (Community Commercial) zoning applies to this project as that was the zoning in place at the time preapplication pursuant to Senate Bill 330 was deemed complete in January of 2023 (discussed further below). The purpose of the CC (Community Commercial) zone district is to provide locations throughout the community for a variety of commercial and service uses for residents of the City of Santa Cruz (City) and the region which promote the policies of the General Plan and to encourage a harmonious mixture of a wide variety of commercial and residential activities including limited industrial uses, if they are
29.1 compatible and nuisance free. SRO developments of sixteen or more units and mixed residential and commercial developments with ten or more multiple dwellings above commercial are permitted with the approval of a Special Use Permit and Design Permit. The project also requires approval of a Nonresidential Demolition Authorization Permit to demolish the existing commercial structures on the site, a Boundary Adjustment to combine the two subject parcels, a Watercourse Development Permit for development within the creek setbacks, and a Heritage Tree Removal Permit to remove two heritage trees.
At the January 18, 2024 Planning Commission hearing, thirty members of the public spoke, both in support and in opposition to the project. Speakers opposing the project expressed concerns including but not limited to:
No dedicated location for commercial deliveries,
Height and massing of the structure too large for the neighborhood, Parking concerns,
Privacy issues, and
Shading of an adjacent home.
Speakers in support of the project expressed the following:
City is in need of sustainable, affordable housing;
Project is in a great, central location within walking and biking distance of amenities, jobs, and transit, walkable neighborhood;
No need for parking, only adds expense to the project; Project maintains a long-time local market (Food Bin) on site; Project provides much needed student housing near University of California Santa Cruz (UCSC); and
Great project for elderly retirees and students alike.
The Planning Commission listened to the public testimony and discussed some of the issues raised by the speakers. The Commissioners each commented on the project, expressing the following:
Support for high density projects along the major corridors; Appreciation that Food Bin market can remain on site; Project is consistent with the General Plan, and density along the corridors is a longstanding strategy for sustainably accommodating the City’s growth; The project meets fundamental value of saving surrounding open green spaces by locating density along corridors in existing neighborhoods;
Proposed five story structure is quite large, but meets Density Bonus law; City is in desperate need of housing;
Mission Street corridor can be dangerous, and the project will improve pedestrian safety.
The Planning Commission voted 5-1 (Conway, Dawson, McKelvey, Polhamus, Kennedy in support; Maxwell opposed) to approve the project. As part of the motion, several revisions were made to the conditions of approval, including the following:
15. Plans submitted for building permit issuance shall show all exterior site lighting locations and fixture details. All exterior building lighting shall be shielded and contained in a downward
29.2 direction. No exterior lighting shall produce off-site glare. A photometric site plan shall be provided to verify this, and planning department staff shall observe the final lighting at night before Certificate of Occupancy is granted.
41. All new mechanical equipment and appurtenances, including, but not limited to, rooftop and ground-mounted equipment, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent properties, shall be screened with material compatible with the materials of the building and shall be subject to the approval of the Zoning Administrator. Sound control shall be considered when designing this screening.
The following conditions of approval were added as part of the motion:
66. The developer shall work with the Metro to implement existing bus pass programs for the project tenants.
On January 29, 2024, two separate appeals of the Planning Commission decision were received:
one from Ian and Natasha Guy and the second from Laurel and Cleveland Area Neighbors via their appointed representative, Laura Livingston. The appeal letters are attached to this report and discussed below.
DISCUSSION: The Planning Commission staff report provides an in-depth analysis of the proposed project and is attached to this report. The applicants submitted revised plans subsequent to the Planning Commission hearing, and the changes contained in those plans are analyzed in more detail in this section. The state laws that govern the project are discussed next. Finally, this section addresses the appeal letters. The appeal letters each discuss their reasons for the grounds of the appeal. This section summarizes the issues raised, followed by responses from staff for each item.
Plan Revisions Following Planning Commission
The plans reviewed by the Planning Commission included a request for 59 SRO units above 2,627 square feet of commercial space. Following the Planning Commission hearing, the applicant submitted revised plans to the Planning Department (attached) proposing 48 SRO units with 2,627 square feet of commercial space. A letter from the applicants explaining the proposed changes is also attached to this report. The revisions to the plans include the following:
1. Base Density Diagram. The applicant has revised Sheet GP0.05 which demonstrates the base density calculations for the project. The base density calculation is necessary in order to determine the allowed Density Bonus calculations, which are based on the maximum number of units that would be permitted under the City’s zoning code (i.e., the “base density”). In areas where there is no density range, or in the case of a project that proposes SRO units such as this, Section 24.16.255(6) of the Zoning Ordinance requires an applicant to submit base density plans, or plans showing a project that fully conforms to objective standards (i.e. height, setbacks, open space, etc.), in order to determine the number of units that could be constructed on the site, thus establishing the base density.
Following the Planning Commission hearing it was brought to staff’s attention that the base density diagram was inaccurate, because it did not show the correct rear yard setbacks and
29.3 did not meet the allowed FAR (1.75). While the CC Zoning requires a 15-foot rear yard setback as was depicted on the original base plan, the Mission Street Urban Design Overlay District Community Commercial (CC) sub-district calls for increased setbacks per Zoning Code Section 24.12.4340(1)©(8) which reads, “Parcels adjacent to a residential district shall maintain a rear setback of 25 feet for first and second stories, and a 35 foot setback for a third story.” The revised plan now accurately depicts the correct setbacks with a 1.72 FAR which falls within the allowed 1.75 FAR.
The updated plans also include a new page that provides details on how the proposed project meets the requirement of average unit area, since Section 24.16.255(6) specifies that the average unit area of the proposed project cannot exceed the average unit area in the base density calculation. The latest plans show that the base project and density bonus project comply with this provision, with the average base density unit size being 280.3 net square feet and the average project unit size being 273.1 net square feet. Through the course of the revisions, the number of base density units was reduced from 40 (in the Planning Commission plan set) to 33 units, and the FAR was recalculated using the gross lot area instead of the net area which deducted the riparian setback area, as was presented in the Planning Commission staff report. Recent state laws (SB330) require that the city uses the General Plan density for the FAR calculation, which is based on gross acreage.
The corrected FAR calculation follows:
Gross Lot Area 12,501 square feet
Allowed FAR 1.75 1.75 x 12,501 sq. ft = 21,877 square feet Proposed Base Density Area Level 1: 5,295 square feet
Level 2: 8,939 square feet
Level 3: 7,310 square feet
Total = 21,544 square feet
Proposed Base Density FAR 21,544/12,501 = 1.72 FAR
As is demonstrated in the table, the base density FAR calculation results in an FAR of 1.72, thus not exceeding the maximum 1.75 FAR of the base zoning. The prior plan incorrectly included the covered parking area in the FAR calculations, as Section 24.22.366 of the Zoning Ordinance only “includes covered residential parking.” Because this is all commercial parking, the area is not included in the above FAR calculation.
As previously mentioned, the Planning Commission approved plans showed 40 base units allowing for a 50% density bonus (20 units) for a total of 60 units in accordance with Density Bonus law. The revised set shows 33 base units allowing for a 50% density bonus (17 units) for a maximum of 50 units. The revised project is now proposing 48 units, falling within the permitted 50 units allowed per Density Bonus law.
The revised unit count results in changes to the affordability requirement however, the property owner has volunteered to provide eight Very Low Income (VLI) inclusionary units consistent with the original project. Pursuant to Zoning Code Section
24.16.020(5)(b), “SRO Developments. In a rental residential development comprised of
29.4 SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low-income households at an affordable rent.” Additionally, the development of 11 Accessory Dwelling Units (ADUs) is subject to a separate inclusionary requirement for conversion ADUs under Zoning Code Section 24.16.020(8) which requires 20 percent of the ADUs to be restricted at the Low Income (LI) level.
With a new base density of 33 units, six (20%) of the residential units will be required to be deed-restricted as affordable housing units at the VLI level (50% AMI) and two ADU’s will be required to be restricted at the LI level (80% AMI). However, as mentioned above, the property owner has volunteered to provide all eight units at the VLI level, consistent with the original proposal heard by the Planning Commission.
2. Storage Spaces to be Converted to ADUs. The floor plans for levels 2 through 5 have been revised to replace three units with separate storage spaces on each floor. Additionally, the rear setback along the western property line has been reduced from 15’ to 6’-3” in the location of the new storage spaces (floors 2-5). Prior to this change, a portion of the building encroached into the setback at this elevation, resulting in a zero setback for approximately 26’ of the south western portion of the building. The proposal would reduce a previously proposed 15’ setback to 6’3” for approximately 42’ of the remaining portion of the building. The reduction is proposed to be added to the original waiver request for a zero setback as described above and pursuant to State Density Bonus law. As further described in response #g to the Appeal Letter From Laurel and Cleveland Area Neighbors and the State Laws Applicable to the Project sections below, cities are generally obligated to grant density bonus waivers, or reductions in development standards, so long as the proposed development complies with the applicable affordability requirements and the waivers do not result in specific adverse impacts on health and safety for which there is no feasible method to satisfactorily mitigate. Case law has also established that the city is also limited in requiring modifications to the project, as proposed, that would have the effect of reducing project amenities in order to meet development standards. The requested modified waiver can be supported in that compliance with the full 15’ setback would reduce storage amenity space for future residents, as proposed by the applicant. This modification could also be supported as an incentive/concession in that the reduction in the number of units results in an identifiable and actual cost reduction to the project in the form of reduced impact fees.
The applicant indicates that the intent of the added storage spaces is to take advantage of recent state ADU laws (Govt Code Section 66323(a)(3)) which allows the conversions of “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.” The following is the full code section:
66323.
(a) Notwithstanding Sections 66314 to 66322, 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:
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to,
29.5 storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(B) 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.
(*In this case, that means that 25 percent of 48 units allows for up to 12 ADUs, where 11 are anticipated.)
Further, the Zoning Ordinance’s definition of a Conversion ADU is as follows:
“Conversion accessory dwelling unit” shall mean any accessory dwelling unit created primarily by the conversion of any permitted, entitled, or legal nonconforming structure, or portion of such a structure. On property developed with multifamily structures only areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, shall be eligible to become conversion accessory dwelling units. Consistent with zoning standards, conversion accessory dwelling units shall be permitted to expand the existing footprint of the structure by up to one hundred fifty square feet, and the existing height by up to two feet, and must be in conformance with all requirements of Section 24.16.142 (emphasis added).
As is mentioned in the code section, a local agency is required to ministerially approve these types of conversions with a building permit. Therefore, if the project is approved, at the time of building permit application, the applicants will be proposing to convert the 11 storage spaces into 11 ADUs, resulting in a total of 59 units within the development (48 SROs/11 ADUs). As is explained in the applicant’s letter there are three reasons for this change:
1. The revised base density diagram resulted in only 33 units of base density. The density bonus allows for 17 bonus units, for a total of 50 units. To reach the originallyproposed 59 units, the project would either have to use a second density bonus created by AB1287 or use Government Code § 66323(a)(3) to create conversion ADUs.
2. SCMC 24.12.1010 limits the net area of an SRO unit to 400 square feet, and the average unit size to no more than 345 square feet. The Conversion ADUs do not have the same size limitations as the SRO units.
3. ADUs that are under 750 square feet are exempt from impact fees, reducing the cost of the project, which helps the project provide the proposed very low income (VLI) units.
3. Additional Requested Concessions.
As is described in detail in the Planning Commission staff report, the Density Bonus project is requesting three waivers to development standards, including building height, setbacks, and FAR. Following Planning Commission approval, two concessions (also referred to as incentives) are now being requested:
Future Food Service Use Condition of Approval. The following condition of approval has been a standard condition for commercial projects within the city:
29.6 Future Food Service Use. All commercial spaces shall each be constructed to support a future food service use. Plans must include ducting and venting plans for all commercial spaces. All ducting and venting should be designed to be hidden or incorporated into the building design. Plans shall also show the locations of grease traps, grease lines, and grease storage facilities, which shall be located outside of the public right of way.
The purpose of this standard condition has been to allow future flexibility of commercial spaces to accommodate restaurant uses which require special ducting, venting, and grease traps. Having these in place when the building is being constructed avoids issues in the future, when a potential restaurant use may want to move in and either these items cannot be physically incorporated or when they could potentially be accommodated but at significant expense. The applicants are requesting this condition be removed as a concession pursuant to Govt. Code Section 65915(d) and 65915(K)(3), stating that requiring construction of building features that are not necessary for the proposed uses unnecessarily increases costs to the project. This concession would result in identifiable and actual cost reductions to provide for affordable housing costs, is consistent with state law, and thus must be granted.
Defer Payment of Impact Fees – The applicants are requesting that the City not require the payment of any impact fees until the time of issuance of a final certificate of occupancy for the development. This concession is requested pursuant to Government Code Section 65915(d) and 65915(k)(3). A standard condition of approval for projects in the city is that the impact fees be paid at the time of building permit issuance. As part of this request to defer the payment of the fees, the applicants have stated that the collection of the fees at building permit issuance increases costs to the project because of interest payments on those funds during the course of construction. Therefore, the granting of this concession will result in identifiable and actual cost reductions to provide affordable housing costs.
Staff is in the process of analyzing this request per state law, in coordination with the applicant and the City Attorney, including for consistency with Government Code Section 65915(l) and will provide additional information and a recommendation on this requested incentive at the Council hearing.
Additionally, several additional conditions of approval have been added to the project (attached) and are indicated in a strikeout/underline format. Some conditions were added in response to concerns raised by the adjacent neighborhood and others are voluntary conditions on behalf of the property owner. These conditions are more specifically addressed in the response to appeal points below.
State Laws Applicable to Project:
The following California Government Code Sections are applicable to the project. 65863.2 (Minimum Parking Requirements, AB2097): Minimum parking requirements can increase the cost of housing and limit the number of residential units. Therefore, local
29.7 jurisdictions shall not impose a minimum automobile parking requirement for residential, commercial, or other development projects if the project is located within one-half mile of qualifying public transit.
65915 (Density Bonus Law): To address California’s need for affordable housing, the State enacted the Density Bonus law (Government Code §§ 65915 – 65918) in 1979 to encourage the provision of affordable housing units by offering a combination of benefits to developers. For projects housing projects consisting of five or more units that include the requisite number of affordable housing units, and upon the request of an applicant, cities are required to (i) allow more market rate units to be built than otherwise allowed by the applicable zoning designation), (ii) provide “incentives or concessions” such as reduced development standards that result in actual and identifiable cost savings for the project, (iii) provide “waivers or modifications” of development standards that would physically preclude the project from being constructed, and (iv) allow reduced parking requirements.
Cities have very limited discretion when reviewing density bonus applications. Cities are generally obligated to grant a density bonus and incentives, concessions, waivers, or reductions in development standards to the developer so long as the proposed development complies with the applicable affordability requirements and the waivers or concessions/incentives meet certain standards. Projects that include a specified amount of affordable housing are entitled to a density bonus, even if the density bonus would allow a project to exceed the maximum density under the City’s zoning code or general plan.
The amount of the density bonus is based on the number of affordable units at each income level that are included in a project. To determine whether a project qualifies for a density bonus, the percentage of affordable units is based on the maximum number of units that would be permitted under the City’s zoning code or general plan (i.e., the “base density”).
Projects providing a higher number of affordable units or units at deeper levels of affordability are entitled to increased density of up to 100-percent in the total number of units that are allowed, depending on specified percentages and levels of affordability. The additional units help offset the increased costs associated with the increased number of or more deeply affordable units. The density bonus units themselves are not required to be affordable, and pursuant to Section 24.16.250(2) of the Zoning Code (and the State Density Bonus laws that said Zoning Code section mirrors), “density bonus units shall not be included in the “total units” when determining the number of affordable units required to qualify a housing development for a density bonus.” Thus, by law, the percentages of affordable units that qualify a project for the density bonus are based on the base project only and not the base project plus the density bonus units. 65589.5 (Housing Accountability Act, SB330): The Housing Accountability Act (HAA) is a California state law designed to promote infill development, and it limits the ability of local governments to restrict the development of new housing. The Act applies to housing applications submitted to local agencies that meet the following criteria. Meets a city's "objective general plan and zoning standards." Objective development standards are those which involve no personal or subjective judgement. They are independently and uniformly verifiable.
The development would not cause a "significant, adverse impact" to public health and safety; and
29.8 The development meets the standards of the California Environmental Quality Act and the California Coastal Act.
If an application meets these criteria, the City must approve the application and provide necessary permits within 60 days from the determination by the lead agency that the project qualifies for a CEQA exemption. If the city denies an application that meets the City’s objective standards, it must make a written finding that the project creates a “significant, adverse impact” to public health and safety and provide substantial evidence to support said finding. The HAA also, among other things, eliminates the ability of jurisdictions from proposing modifications to a project that would reduce the number of units to be developed or passing new rules that would retroactively make the project non-compliant. 65905.5 (Five Hearing Rule): A local government may not hold more than five hearings to consider a proposed housing development project if the project complies with all applicable, objective general plan and zoning standards.
Appeal Letter from Ian & Natasha Guy:
1. Parking Requirements. The appellants assert that the development is not eligible for the parking requirement exemption detailed in AB2097 as it is not one-half mile from a “major mass transit stop” as defined in the state code.
Government Code Section 65863.2, enacted by State Assembly Bill AB 2097 on January 1, 2023, prohibits local jurisdictions from imposing minimum automobile parking requirements on most development projects located within a half-mile radius of a major transit stop, as is applicable to the subject site. A major transit stop as defined by Government Public Resources Code Section 21064.3 means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
Analyzing the transit stops within a half-mile radius of the subject site, it was found that there are four transit stops (1225, 1226, 1624, 1625) with frequency intervals of 15 minutes or less during the morning and afternoon peak commute periods, qualifying these stops as Major Transit Stops per the state definition (attached). Therefore, state law prohibits the City from imposing minimum automobile parking requirements for the project.
2. State Parking Exception. The appellant asserts that the City Planning Committee has the option to challenge the state parking exception pursuant to AB 2097. Pursuant to Government Code Section 65863.2(b):
(b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
29.9 (1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
(3) Existing residential or commercial parking within one-half mile of the housing development project.
(c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following:
(1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law.
The City’s Zoning Ordinance eliminates the potential to make findings that would allow the City to require parking primarily because exceptions within the language of the law itself mean that its exemptions have limited applicability within the City of Santa Cruz. Per section 65863.2(c)(1) above, the circumstances in which the City cannot use the exceptions include a housing development that complies with the City’s inclusionary housing requirements by providing 20% of the project’s units as affordable. If density bonus were used, as is the case for most large projects in the City, then the density bonus automatically qualifies a project for parking reductions under state law (65915(p)(2). Thus, the City would not be able to seek to impose minimum parking requirements under subsection “b” above for any density bonus project. These exclusions apply to all housing developments within the City limits, and the subject project falls under such exceptions. Therefore, there are no applicable instances where an exception to AB2097 for parking could be used for this project.
3. Solar Access. The appellant asserts that the loss of solar access to sunshine by the immediate neighbor is in violation of:
1. The 5th Amendment Taking Law which states that “nor shall private property be taken for public use, without just compensation.” (U.S. Const. amend. V.) The project involves construction of a mixed-use project on a private property for private use. It does not involve the taking of private property for public use. Therefore, there is no violation of the 5th Amendment.
2. The California Solar Shade Act (Public Resources Code §25980-25986) which prohibits neighbors from blocking 10% of solar collectors at any given time between 10am and 2pm (Public Resources Code §25982.)
The Solar Shade Act only addresses shading from trees or shrubs. (Public Resources Code §25982.) The law prohibits a property owner from allowing trees or shrubs to shade an existing solar collector installed on a neighboring property.
The project involves construction of a building and not the installation of trees or shrubs.
Therefore, the Solar Shade Act does not apply in this instance.
3. Violation of Santa Cruz County Ordinance 5439, Chapter 12.28.
29.10 The subject property is located within the City of Santa Cruz jurisdiction. Therefore, the Santa Cruz County Ordinance does not apply to the project.
Appeal Letter From Laurel and Cleveland Area Neighbors
1. Violations. The appellants assert that “several findings made by the Planning Commission (findings 8, 9, 10, 11, 12, 15, 18, and 19) to justify this development were erroneous or otherwise flawed.”
a. “Base building FAR calculations possibly exceeded 24.10.750” Staff Response: Section 24.10.750 of the Zoning Ordinance provides the site development standards for the C-C zone district which do not include an FAR requirement; however, the parcel’s General Plan designation (Mixed-Use Medium Density (MXMD)) includes an FAR range of 0.75- 1.75 and is based on the gross lot area. The staff report to the Planning Commission erroneously used the net lot area, which is referenced by the appellants in their letter. The gross lot area is 12,501 square total floor area and the development is 21,683, resulting in an FAR of 1.73 for the base project; therefore, the base project FAR falls within the range specified in the General Plan.
b. “Mobility Development Policy M3.2.11: The proposed project does not include any improvements to traffic flow and safety; it will greatly impact the current residential parking in our streets because there are no clustering facilities around interconnected parking areas; and traffic safety will be negatively impacted by increased truck traffic, traffic backing up as cars jockey for parking, and the lack of parking areas for Food Bin customers and new residents to use, other than the Laurel Street neighborhood. Additionally, the traffic study woefully underestimates the number of cars and trips that will be taken by employees and customers of the grocery store and residents and their visitors.”
Staff Response: The project site is a corner lot with frontage on Mission Street and an exterior side yard on Laurel Street, west of Mission. Mission Street (Highway 1) is classified as a State Highway. Laurel Street east of Mission Street is classified as an “arterial” and west of Mission, is classified as a “collector.” This policy seeks to improve traffic flow and safety on arterial streets by reducing points of access and removing onstreet parking. The project site does not take access from or have frontage on an arterial, therefore this policy does not apply to the project.
The City of Santa Cruz has adopted Transportation Impact Study Guidelines. These guidelines state that additional study must be completed if a project will generate 50 or greater peak hour trips. A Trip Generation Study was prepared by Hexagon Transportation Consultants, Inc. on August 26, 2023 which concluded that the project would generate an increase of 19 AM peak hour trips and 29 PM peak hour trips, which is less than 50 PM peak hour trips and thus does not require the preparation of a full traffic study for the project.
The project is consistent with several other applicable General Plan policies related to mobility as noted below:
29.11 M1.1 Reduce automobile dependence by encouraging appropriate neighborhood and activity center development.
The project includes a mix of residential and commercial uses and is located within walking distance of various other commercial businesses and services, recreational facilities, open spaces, and public transit. The project takes access from Laurel Street but does not facilitate the need for vehicular movement through the residential area to the northwest. Vehicular trips to and from the site will be minimal as concluded by the Trip Generation Memo prepared by Hexagon Transportation Consultants, Inc., and will be concentrated on Mission Street/Hwy 1. Further the applicant has indicated that the owner will be prioritizing tenancy to those who do not own vehicles. M1.5 Reduce the need for parking and promote parking efficiency.
State law prohibits the city from requiring on-site parking for the proposed development, however, the development design with minimal on-site parking also discourages tenant car ownership and encourages the use of alternative transportation.
M3.2 Ensure road safety for all users
The project includes various improvements to the public right of way to facilitate road safety, including driveway access from Laurel, a designated loading space on Laurel Street, building setbacks to provide clear visibility from the driveway and at the corner of Mission and Laurel Streets, and a bulb-out at the corner. The applicant has further volunteered to research the feasibility of providing signage that would indicate parking space availability within the garage and is voluntarily posting a $7,500 cash bond with the City or Metro (to be determined in coordination with Metro) to use towards bus stop improvements within the City.
M3.3 Discourage, reduce, and slow through-traffic and trucks on neighborhood streets.
The project site is adjacent to Mission Street which is a State Highway that provides a direct connection from the project site to Highway 17, as well as the east, west, and downtown areas of the city, and the coast. Additionally, traffic to and from the project site will be minimal, as noted above. Mission Street is therefore anticipated to handle the majority of traffic to and from the project site.
M4.1 Enable and encourage walking in Santa Cruz.
The project enables and encourages walking through the improvement and widening of adjacent sidewalks; the installation of street trees for shade, beauty, and street buffering; ground-level commercial uses with large windows and welcoming design; public bike parking; a central location; and minimal on-site parking to encourage the use of alternative forms of transportation.
Traffic flow and safety along Laurel Street and Mission Street was evaluated early in the project review process. A Trip Generation Study was prepared by Hexagon Transportation Consultants, Inc. on August 26, 2023 which concluded that the project would generate an increase of 19 AM peak hour trips and 29 PM peak hour trips, which is less than 50 PM peak hour trips and thus does not require the preparation of a full traffic study for the project. Staff have requested that the applicant update the Hexagon report and staff’s initial
29.12 analysis indicates that the trip increase is not substantial and will not trigger the threshold for additional study under the City’s Traffic Impact Study Guidelines. c. “Community Design CD3.3: Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
The development is not compatible with the immediately adjacent properties (all of which are residential) nor the neighborhood. The immediately adjacent residential buildings are dwarfed by this building and no other buildings on this section of Mission Street exceed three stories.”
Staff Response: The project includes the assembly (i.e. merger) of two parcels and the construction of a mixed-use development with frontage along a State Highway, driveway access via a side street, a ground floor commercial use that will serve pedestrians and surrounding neighborhoods, public right-of-way improvements that will enhance the sidewalk, and the establishment of multiple residences with minimal on-site parking to encourage alternative forms of transportation in a location that is central to commercial goods and services, recreational areas, schools, and open space. The development is located along a major transit corridor, and while adjacent to an established neighborhood, the development is utilizing State Density Bonus law to vary from the height limit in the zone district. As indicated above, the City has limited discretion on projects where the requisite number of affordable units have been provided and the incentives, concessions and waiver requirements have been met, as is the case here. This is a typical Density Bonus request in that the base density of a site is determined by the number of units that can fit with the given site standards, including the maximum height allowance. Where the base density project proposes a development that is fully built out, any request for additional density bonus units is likely to require a height increase to accommodate those units; otherwise the height limitation would preclude the construction of those units. Consistent with other recent developments along Mission Street and elsewhere in the City, it is expected that future development along Mission Street in Mixed-Use and Commercial Zone districts will also utilize Density Bonus state law to achieve additional market rate units and result in similar variations to the zone district site standards. Furthermore, as described above, the HAA has limited the ability of cities to reduce the number of units in a project based on subjective standards, such as neighborhood compatibility, with the state targeting this exact appeal contention in their legislative amendments. Prior to those state law changes, use of subjective compatibility standards had reduced and prevented housing production statewide.
The development will consist of a variety of materials and textures, and earth tones to achieve compatibility with other existing and future buildings along Mission Street and the variety of architectural styles in nearby neighborhoods. Conditions of approval are included that require the development to utilize fritted glass on the west-facing elevation within 40 feet above grade, consistent with the bird safe policy, which will help to minimize potential privacy impacts. Additionally, the property owner has volunteered to pay the remaining balance, up to $10,000, on the solar panels on the west adjacent property which will be shaded by the proposed development. However, there is no state law or objective standard that requires such a payment or the consideration of building shading on solar panels.
29.13 d. City Zoning Ordinance Section 24.08.050. [Letter cites Criteria 1-3] “This project does not conform to several requirements of the Zoning Ordinance and General Plan as outlined throughout this appeal, especially related to height, setbacks, and traffic.
No conditions have been imposed that will eliminate negative impacts to surrounding residential uses. This project brings a lot of negative consequences upon the neighborhood, without doing anything to improve the neighborhood. The developer should be subject to additional conditions to spread the impact of the new building to all parties.”
Staff Response: The referenced code section contains the findings for approval of a Special Use Permit. Staff were able to make all findings in support of the development, as shown in the attached draft Resolution. The applicant is utilizing the State Density Bonus Law and has submitted the required justification to request waivers from building height and setbacks, which the City is obligated to approve as more fully addressed above. The staff response under number 1.b above describes the public improvements associated with the project to address traffic flow and enhance the pedestrian experience and surrounding area.
Conditions of approval #1, #4, #6, #7, #9, #10, and #11 require the project to be constructed according to the approved plans and in conformance with the requirements of all City departments, which ensures that the public improvements such as widened sidewalks, street trees, and loading zones are constructed as part of the project. Condition of approval #75 requires that the applicant follow through on the voluntary action to research the feasibility of signage that indicates parking availability within the garage. Conditions of approval #37, #58, #59, #60, #61, #62, #63, #64, and #67 require protection of the creek. Conditions of approval #15, #16, #53, #60, and #67 require standards for lighting/illumination.
Conditions of approval #5, #48, and #57 require compliance with the noise ordinance.
Conditions of approval #38 and #68 require window and landscape features to enhance privacy to properties to the west. Condition of approval #57 requires the contact information for a property manager to be made public through the SRO management plan. e. City Zoning Ordinance Section 24.08.430: Land Use Permits and Findings. (Summarized) Criteria 2: The projects size, height, operation, and characteristics will adversely affect and degrade adjacent properties and the neighborhood. The proposed development and existing conditions of approval fail to mitigate these impacts.
Loss of sunlight and privacy
Increase of commercial use
Safety Hazards from delivery trucks and garbage trucks Noise from garbage trucks and building equipment
Garage provides insufficient parking for non-EV and accessible cars Shading of adjacent solar equipment
Height is not compatible with surrounding buildings
Surrounding uses are residential, not commercial
Privacy impacts
Staff Response: The referenced code section contains the findings for approval of a Design Permit. Staff were able to make all findings in support of the development, as shown in the attached draft Resolution. Conditions of approval #5, #38, #48, #57 and #68 address privacy and noise concerns. Further, conditions of approval #13 and #69 provide requirements to maintain a loading space on Laurel Street and to maintain a parking space
29.14 within the garage for loading and rideshare. Condition of approval #70 enforces the voluntary agreement by the property owner to pay the balance of the neighbor’s solar panels to address shading impacts. While the existing parcel does have residential uses on two sides, the parcels to the north and south are zoned for mixed uses and are located in the Mission Street Area Plan that encourages ground level, pedestrian oriented commercial uses. As such, it is expected that future development of these sites will convert the residential uses along Mission Street to mixed use or commercial use. Lastly, the project has been found to comply with all relevant objective development standards. As no significant, adverse impacts to public health and safety have been found to occur, the City is precluded from denying or reducing the density of the project under the HAA.
Additionally, as further described in section g below, in the Bankers Hill 150 v. City of San Diego (2022) case, the Fourth District Court of Appeal rejected an argument by opponents of a 204-unit housing development project that relied on several policies that were subjective in nature, stating that new development should “sensitively and adequately transition to adjacent lower height buildings,” “complement” the natural environment, and include design features that “enhance” views. The court found that under the HAA, “an agency may deny approval of a housing development project on the basis that it is inconsistent with development standards only if those standards are ‘objective,’” further stating that “a standard is subjective, rather than objective, if it cannot be applied without personal interpretation or subjective judgement.” (Rutan & Tucker LLP) Because this project was locked into the standards in place prior to the adoption of the city’s objective standards, there are a limited number of objective standards in place to address compatibility with adjacent buildings, privacy impacts, and shading, and the project cannot be conditioned to comply with subjective standards. Even when additional objective standards apply to future development proposals, those projects can utilize density bonus laws to deviate from them, as is the case for the subject project with its deviations from the City’s prior objective standards.
f. California Environmental Quality Act – (Summarized)
The Trip Generation Study is greatly flawed: trip generation is substantially low because it was conducted in August when UCSC is not in session; and the report utilized driveway counts however, visitors to the Food Bin more frequently park on Laurel Street.
Staff Response: With the adoption of SB 743, trip generation and associated level of service are no longer an Environmental Impact under CEQA.
Outside of CEQA considerations and to comply with City Transportation Impact Study Guidelines, a Trip Generation Study was prepared by Hexagon Transportation Consultants, Inc. on August 26, 2023 which concluded that the project would generate an increase of 19 AM peak hour trips and 29 PM peak hour trips, which is less than 50 PM peak hour trips and thus does not require the preparation of a full traffic study for the project. This study was conducted using standard methods of count collection and traffic engineering principles and best practices.
Section 24.08.2220: Need to consider shading impacts to birds and other wildlife.
CEQA: Unclear how the project meets the following CEQA criteria, “The project site has no value as habitat for endangered, rare, or threatened species.”
29.15 Staff Response: The referenced code section provides the procedural requirements for a Watercourse Development Permit, as the project is located adjacent to Laurel Creek, Reach
4. The Watercourse and Wetland factors of Laurel Creek were evaluated in the City Creeks and Wetlands Plan and this reach was assigned a total ranking of 7/15 due to the modified channel and low probability for expansion, enhancement and restoration due to adjacent residential and commercial constraints. The reach is further classified as a ‘B’ category, as it is located in an urban area with limited riparian habitat, limited areas to expand, and issues of water quality and flow conveyance. There is an existing commercial building on the site that encroaches into the riparian area and development setback at the ground level that will be demolished as a part of the project and the area restored pursuant to the recommendations of the biotic report. While a portion of the proposed mixed-use development also proposes to encroach into the setback and riparian areas, there will be no ground disturbance in those locations with the exception of restoration. That being said, the project requires a Watercourse Development Permit to allow for cantilevered portions to overhang the riparian and setback areas. The applicant has requested the use of a Density Bonus waiver to reduce creek setback requirements, thus eliminating the need for a Watercourse Variance. However, in order to ensure protection of the creek, the commensurate required evaluation was completed.
The applicant submitted a biotic report which recommends the use of shade tolerant plantings, and conditions of approval require compliance with the report’s recommendations. The biotic report recommends the following measures related to lighting impacts: Standards 7-9, Prohibit lighting within riparian corridor and limit lighting in development setback area to low-level walkway, motion detection security, or entry lighting and direct lighting to be hooded and directed downward, away from the watercourse.
In response, staff included Condition of Approval #15 which requires all exterior building lighting to be downward-facing and shielded and to not produce off-site glare. The Planning Commission further added the requirement for a photometric plan and for staff to observe the lighting at night to confirm compliance prior to building permit final. In recent meetings, neighbors have also raised concerns about ambient lighting impacts on the creek from the building windows, specifically the amenity/laundry rooms on floors 2-4 which include large windows facing the creek.
Staff are recommending a new Condition of Approval #67, which requires the project to include motion sensor lighting within the amenity/laundry rooms consistent with the requirements of the 2022 Energy Code and to install blinds, shades, or other windows coverings on the west facing windows within these rooms with signage to indicate that windows shall be covered during hours of darkness.
The biotic report found no special plant species, or special status wildlife or habitat on the project site. The project is consistent with this section of code as it is implemented in conjunction with Density Bonus state law. The project remains eligible for a CEQA Categorical Exemption under Section 15332 (Infill Development) in that it meets the applicable standards of the exemption. For example, as a previously-developed urban infill site, the subject lot holds no value as habitat for endangered, rare, or threatened species, with none known to exist on the site. A biologist has evaluated the proposed project, and a
29.16 standard condition of approval requires compliance with the report’s recommendations.
There is also no possibility of cumulative impact, or impacts to scenic highways, and the project is not located on a hazardous waste site or a site with historical resources. Therefore, none of the exceptions to the exemptions apply.
2. Density Bonus Waivers. (Summarized) The appellant requests that the City Council deny the requested waivers for height, FAR, and Setbacks. The project can meet its density bonus requirement (60 units) by adding one more floor for a total of 3 residential floors and 60 total units. Section 65589(j)(1) only applies if the project cannot be completed at the lower density. Per this interpretation, it is argued that the requirement to find a specific, adverse impact on public health or safety is only required when the city’s conditions cause the project to be developed at a lower density. Reducing the project from 5 floors to 4 floors would not trigger this requirement as the number of units/density would not change. Additionally, since the base building was shown to support 20 units per floor without setbacks, it is argued that the waivers for setbacks are also capable of being disapproved without impact to project viability. The appellants further content that the Base Density calculations did not meet the MXMD FAR limit of 1.75 and that setback waivers were not used when designing the base building and are not required for the project to be built at the state required density.
Staff Response: The argument provided by the appellants is related to provisions included in State Density Bonus law, which allows for development standards to be waived (i.e. “waivers”) that would physically preclude the project from being constructed at the density allowed. The City Attorney’s Office provided an opinion in response to a similar claim for a project on Seabright Avenue in 2020. In that instance, the developer requested a waiver to open space requirements in order to provide larger residential units. The City Attorney’s opinion was provided to the Planning Commission, as follows: “Section 65915(e)(1) does not authorize a city to require the developer to redesign the project so that the need to modify a development standard is eliminated thereby allowing the city to fully apply that development standard to the project. The court of appeal in Wollmer v. City of Berkeley (2011) 193 Cal. App. 4th 1329 made it clear that it is the density bonus project as proposed by the developer which determines the need for a development standard waiver/reduction. In Wollmer a density bonus project opponent argued that the city wrongfully allowed a series of development standard modifications when it could have required the developer to redesign the project to eliminate the need for development standard modifications. On this point the court, at pages 1346-1347 of its decision, stated:
Second, nothing in the statute requires the applicant to strip the project of amenities, such as an interior courtyard, that would require a waiver of development standards.
Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period ... The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be a reason that the waiver is needed. Wollmer's argument goes nowhere. Had the City failed to grant the waiver and variances, such action would have had the effect of physically precluding the construction of the development meeting the criteria of the density bonus law. If the project were not built, it goes without saying that housing units for lower income households would not be built and the purpose of the density bonus law to encourage such development would not be achieved. The trial court properly
29.17 interpreted the statute, and the City proceeded in the manner required by law in granting the waivers." (emphasis added)
With respect to the Seabright project, the size of the units and the number of bedrooms they offer are certainly amenities that the developer took into account in designing the proposed housing development. Accordingly, in our opinion, a court, applying the Wollmer rationale, would in all likelihood conclude that the applicant here is entitled to the requested modifications and cannot be compelled by the City to reduce project square footage or bedroom count so as to increase project open space to City standards.”
The Wollmer decision was further held in the Bankers Hill 150 v. City of San Diego (2022) case, in which case the Fourth Appellate District determined that density bonus projects are exempt by state law from standards such as setbacks, and that a local agency is “...obligated to waive those standards if they conflicted with the Project’s design...”. The court, citing the Wollmer case, rejected the opponents argument that the project could have complied with standards if it eliminated amenities, such as a project courtyard, claiming that “a city may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Rutan & Tucker LLP)
As applied to this project, the City cannot condition the applicant to redesign the project in order to meet the height or setback requirements, as it would require a reduction of amenity space, unit size, or similar features that are protected as part of the project as proposed.
The FAR and average unit size was not shown on the base plans submitted for review by the Planning Commission. Since that time, the applicant has made revisions to the plans and the FAR of the base project has been recalculated and found to be within the required General Plan density range as more fully described above.
ENVIRONMENTAL REVIEW: The project is categorically exempt from environmental review under Article 19 of the California Environmental Quality Act (CEQA) Guidelines, Section 15332, related to infill development. The Class 32 categorical exemption applies to a proposed project fulfilling the following criteria:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
The proposed project complies with all of the foregoing criteria and demonstrates eligibility for implementation of a Class 32 Categorical Exemption as afforded by CEQA. The application exhibits consistency with General Plan and zoning designations, policies, and regulations, with a project site comprising 12,502 square feet (0.287 acres) in size, below the maximum threshold of five (5) acres, located within city limits and surrounded by existing residential and commercial urban uses. As a previously-developed urban infill site, the subject lot holds no value as habitat for endangered, rare, or threatened species, with none known to exist on the site; development of the
29.18 project would not result in any significant impact relating to traffic, noise, air quality or water quality as supported by the submitted information; and the site can be adequately served by all required utilities and public services. Therefore, the proposal qualifies for the Categorical Exemption found in CEQA Guidelines Section 15332, infill exemption.
None of the exceptions to the exemptions under Section 15300.2 apply to the project in that the project site is not located in a mapped environmentally sensitive area, the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.
HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The mixed-use project supports the pillar of equity by providing affordable rental units on a site in an area that is improved with sidewalks, street trees, and that is in close proximity to public transportation, commercial goods and services, and recreational areas. The development of residences in this central location encourages a sustainable and healthy lifestyle by promoting alternative forms of transportation.
Therefore, the project is consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.
SUMMARY AND RECOMMENDATION: This project involves a proposal to construct a fivestory, mixed-use project consisting of ground level parking and commercial space, and 48 SingleRoom Occupancy (SRO) units. The development will implement the City’s vision for the “Westside Zone” area as expressed by the General Plan and the Mission Street Urban Design Plan by providing, after considering the future ADUs, eight much needed affordable units and 51 market rate residential units. Additionally, the applicant is voluntarily providing the two ADUs at the very low-income level instead of the required low-income level. As very low-income units are the most challenging to produce, every very low-income unit is an important addition to the City’s affordable housing stock. As conditioned, the proposed project meets the requirements of the Zoning Ordinance and provides a development that is consistent with the vision for the Mission Street corridor.
Therefore, staff recommends that the City Council deny the appeal(s), thus upholding the Planning Commission’s approval of the Nonresidential Demolition Authorization Permit, Boundary Adjustment, Design Permit, Special Use Permit, Watercourse Development Permit, Heritage Tree Removal Permit, and Density Bonus Request to exceed height, setbacks, and FAR for the proposed project based on the findings listed in the Resolution and the Conditions of Approval attached as Exhibit “A.” The recommended conditions from the Planning Commission have been incorporated into the draft conditions.
FISCAL IMPACT: The applicant and appellants have paid fees to compensate for costs associated with staff time processing this application and subsequent appeals. The project will contribute to increased property tax and sales tax revenue to the City, and the project developer
29.19 will be required to pay City impact fees. The additional revenue generated by the project will help offset the costs of providing municipal services demanded by the project, though many residential uses typically have net negative fiscal effects over time.
Prepared By:
Ryan Bane
Senior Planner
Submitted By:
Lee Butler
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Conditions of Approval
3. Project Plans (Approved by Planning Commission)
4. Project Plans (Revised post Planning Commission Approval)
5. Workbench Letter Describing Project Plan Revisions dated April 25, 2024)
6. Major Transit Stops Information
7. Appeal Letter from Ian & Natasha Guy, received January 29, 2024
8. Appeal Letter from Laurel and Cleveland Area Neighbors, received January 29, 2024
9. January 18, 2024 Planning Commission Staff Report
10. January 18, 2024 Planning Commission Minutes
11. Planning Commission Meeting Public Correspondence
29.20 RESOLUTION
NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ DENYING
THE APPEAL OF IAN AND NATASHA GUY AND LAURA LIVINGSTON
REPRESENTING THE LAUREL AND CLEVELAND AREA NEIGHBORS THEREBY
ACKNOWLEDGING THE CATEGORICAL EXEMPTION AND APPROVING A
NONRESIDENTIAL DEMOLITION AUTHORIZATION PERMIT TO DEMOLISH TWO
COMMERCIAL BUILDINGS, BOUNDARY ADJUSTMENT TO COMBINE TWO
PARCELS, AND A DESIGN PERMIT, SPECIAL USE PERMIT, WATERCOURSE
DEVELOPMENT PERMIT AND HERITAGE TREE REMOVAL PERMIT TO
CONSTRUCT A FIVE-STORY MIXED-USE BUILDING CONSISTING OF 2,907 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE AND 47 SINGLE ROOM OCCUPANCY (SRO) RESIDENTIAL UNITS ABOVE. THE PROJECT ALSO
INCLUDES A REQUEST FOR A DENSITY BONUS AND WAIVERS TO EXCEED
BUILDING HEIGHT, SETBACKS, AND FAR, AS WELL AS PROPOSES TO UTILIZE AB2097 TO REDUCE ON-SITE PARKING. THE PARCELS ARE BOTH LOCATED IN
THE CC (COMMUNITY COMMERCIAL)/MU-M (MIXED-USE MEDIUM DENSITY)
ZONE DISTRICT AND THE MISSION STREET OVERLAY ZONE, THEREBY DENYING APPEALS OF THE PLANNING COMMISSION’S DECISION TO APPROVE
THE PROJECT FILED BY IAN & NATASHA GUY AND THE LAUREL AND CLEVELAND AREA NEIGHBORS (APPLICATION NO. CP23-0103)
WHEREAS, On June 7, 2023, Workbench submitted an application for a Nonresidential Demolition Authorization Permit to demolish two commercial buildings, Boundary Adjustment to combine two parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit and Heritage Tree Removal Permit to construct a five-story mixed-use building consisting of 2,627 square feet of ground floor commercial space and 59 single room occupancy (SRO) residential units above. The project also includes a request for density bonus including waivers to exceed building height, setbacks, and floor area ratio (FAR), as well as proposes to utilize AB2097 to reduce on-site parking. The parcels are both located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) zone district and the Mission Street Overlay Zone; and
WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Title 24, the Zoning Ordinance, and the City of Santa Cruz General Plan; and
WHEREAS, the project qualifies for a Categorical Exemption in State California Environmental Quality Act (CEQA) Guidelines Section 15332 as articulated below; and WHEREAS, the Planning Commission conducted a public hearing on January 18, 2024 and, after hearing public testimony, voted 5-1 to acknowledge the environmental determination and approve the Nonresidential Demolition Authorization Permit to demolish two commercial
29.21 buildings, Boundary Line Adjustment to combine two parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit and Heritage Tree Removal Permit to construct a fivestory mixed-use building consisting of 2,627 square feet of ground floor commercial space and 59 single room occupancy (SRO) residential units above. The project also includes a request for density bonus including waivers to exceed building height, setbacks, and FAR, as well as proposes to utilize AB2097 to reduce on-site parking; and WHEREAS, following Planning Commission’s approval of the project, for reasons stated in a letter received by the Planning Department in March 2024, the applicant submitted revised plans to the Planning Department proposing 47 SRO’s with 2,907 square feet of commercial space;
WHEREAS, the Planning Commission’s approval was appealed to the City Council on January 29, 2023 by Ian & Natasha Guy and the Laurel and Cleveland Area Neighbors; and WHEREAS, the City Council conducted a duly noticed public hearing on April 30, 2024 to consider the application and appeal; and
WHEREAS, the City Council now makes the following findings:
With Respect to the Environmental Determination
The project is categorically exempt from environmental review under Article 19 of the California Environmental Quality Act (CEQA) Guidelines, Section 15332, related to infill development. The Class 32 categorical exemption applies to a proposed project fulfilling the following criteria:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
The proposed project complies with all of the foregoing criteria and demonstrates eligibility for implementation of a Class 32 Categorical Exemption as afforded by CEQA. The application exhibits consistency with General Plan and zoning designations, policies, and regulations, with a project site comprising 12,502 square feet (.287 acres) in size, below the maximum threshold of five (5) acres, located within city limits and surrounded by existing residential and commercial urban uses. As a previously-developed urban infill site, the subject lot holds no value as habitat for endangered, rare, or threatened species, with none known to exist on the site; development of the project would not result in any significant impact relating to traffic, noise, air quality or water quality as supported by the submitted information; and the site can be adequately served by all required utilities and public services. Therefore, the proposal qualifies for the Categorical
29.22 Exemption found in CEQA Guidelines Section 15332, infill exemption.
None of the exceptions to the exemptions under Section 15300.2 apply to the project in that the project site is not located in a mapped environmentally sensitive area, the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.
FINDINGS
Nonresidential Demolition Authorization Permit, Section 24.08.1230
1. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.
A historic report (DPR 523 Form) was prepared by historian Joseph Van Den Berg of Garavaglia Architecture which evaluates the existing buildings and the history of the site.
Based on records, the existing buildings were constructed in 1966, with subsequent additions and modifications occurring in 1974 and 1975. The report finds that the subject property does not display a level of historical significance or integrity that would qualify it for listing as a historic resource on the National Register of Historic Places, the California Register of Historical Places, or the City of Santa Cruz Historic Building Survey. The site is not associated with any important historic events or patterns of history, is not associated with any historic people, the architecture is not notable and contains almost not character-defining features. Thus, the structure is not eligible for listing on the City Historic Building Survey.
2. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.
The proposed mixed-use project is being approved concurrently with the approval to demolish the subject structure.
3. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.
Not applicable as the property has been determined to not be eligible for listing.
4. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed in accordance with the California Environmental Quality Act, and the
29.23 zoning administrator can make a finding of overriding consideration that the replacement project will have public benefits which will outweigh the impact of loss of the historic resource.
It has been determined that the property does not qualify as a historic resource. Therefore, this finding does not apply.
Boundary Line Adjustment Section, 23.12.030.1(b)
5. The parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, any applicable coastal plan, zoning and building ordinances.
The proposal to merge parcels 006-203-24 and -25 into one 12,502 square foot parcel is consistent with the General Plan and Community Commercial zone district standards which require a minimum 8,000 square foot parcel size for mixed-use projects.
6. A greater number of parcels than originally existed are not created by the lot line adjustment.
The proposed Boundary Adjustment will not result in the creation of any additional parcels or building sites, but rather the two parcels will be combined to result in one parcel.
Design Permit, Section 24.08.430
7. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
The subject parcel has a Mixed-Use Medium Density (MXMD) General Plan designation. This designation applies to sites along the Ocean Street and the Mission Street corridor between Swift and Laurel Street. Typical commercial uses are similar to those in the Community Commercial (CM) designation, and pedestrian-oriented commercial uses are encouraged on the ground floor. For reference, the CM designation calls for “businesses that serve the general needs of the community, including retail, service, and office establishments. Typical uses in these areas include restaurants, grocery stores, furniture stores, general merchandise, medical and legal offices, and auto parts stores, as well as mixed-use projects that include these commercial uses on the ground floor.”
The Mixed-Use Medium Density (MXMD) designation allows a Floor Area Ratio (FAR) range from .75 to 1.75. FAR is the total gross floor area of the development divided by the net area of the site. The total floor area for the proposed mixed-use project is 43,237 square feet and the net lot size (with deduction of riparian setback area) is 11,182 square feet, resulting in a FAR of 3.86 for the proposed development. With the proposed FAR exceeding the allowed FAR, a waiver to FAR is included as part of the Density Bonus request.
The proposed mixed-use project is consistent with the policies of the General Plan, including
29.24 the following:
Land Use Development Policy LU3.3.1 - Discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.
Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Density bonus units. Community Design CD3.3 – Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
Community Design CD4.1.1 – Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers. Community Design CD4.1.1 – Where possible, site buildings at the street frontage and place parking areas away from street corners and to the rear of buildings. Community Design CD4.1.3 – On major corridors, encourage mixed-use development, especially projects with priority for commercial uses that can provide services to the adjacent community.
Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development. Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
Mobility Development Policy M3.2.11 - Improve traffic flow and safety and reduce impacts on arterial streets by limiting driveways, mid-block access points, and intersections; removing on-street parking; clustering facilities around interconnected parking areas; providing access from side streets; and other similar measures.
Economic Development Policy 1.1.3 - Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents.
Economic Development Policy 5.2 - Provide for residents’ daily shopping needs in local-serving neighborhood commercial centers.
Economic Development Policy 5.2.1 - Encourage neighborhood shopping in nodes of commercial development that serve residential areas and have adequate transit, pedestrian, and bicycle access.
Economic Development Policy 5.2.2 - Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial.
The project site is located within the Mission Street Urban Design Plan (MSUDP) which encourages developments such as this. The community’s vision is to re-establish Mission
29.25 Street as a vibrant commercial corridor that recognizes and carefully balances its functions as both a State Highway and local-serving commercial street. As noted in the MSUDP, the corridor should maintain a predominantly commercial mixed-use character. Residential uses should be restricted to multi-family residential units, and to residential above ground floor retail or office. The remaining single-family residential uses should be allowed to eventually phase out. The intent is to create a corridor that is safe, attractive, economically and socially vibrant, which in turn will improve the quality of life for Westside residents.
The project site is within the “Westside Zone” area of the Mission Street Urban Design Plan.
The Westside Zone, which extends from Laural Street to Swift Street includes predominantly retail and service type uses with scattered residential, office and institutional uses. The project meets the objectives of the Westside Zone by establishment of a development that provides retail and services for both residents and visitors and employing streetscape improvements such as street trees, lighting, and street furnishings to visually unify this section of the corridor and enhance the pedestrian environment. The project also meets the following areawide land use and redevelopment strategy plan policies:
Policy 4a – Encourage a mix of higher density residential and office uses along Mission Street that will complement and support the retail base and contribute to the creation of a neighborhood with around-the-clock vitality.
Policy 4b – Establish the Mission Street corridor as an attractive pedestrian-oriented, mixed-use district.
Policy 4c – Encourage “mixed-use” development and “local-serving” commercial uses as a means of reducing automobile use within the planning area. Development of complementary uses (retail and office, retail and housing, office and housing) in proximity to each other allows residents, employees, and visitors to walk and/or bicycle when undertaking many of the typical daily trips, whether it is going to lunch, running errands, or going out for the evening.
Policy 5c – Encourage redevelopment and infill development along Mission Street that will improve the corridor’s economic vitality, enhance the definition and character of the corridor, and create better pedestrian scale and orientation.
8. For nonresidential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.
The project contains both nonresidential and residential components. Commercial uses surround the site, with the exception of residential uses to the west and across the creek to the north. The commercial retail use will abut Mission Street maintaining a substantial distance from the neighboring residences and will not adversely affect or further degrade adjacent properties. For the residential portions of the development the project complies with the objective standards and requirements of the zoning district as well as the Mission Street Urban
29.26 Design Overlay District, taking into consideration the waivers requested as part of the Density Bonus request.
9. For nonresidential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
Commercial uses surround the site, with the exception of residential uses to the west and across the creek to the north. The commercial retail use will abut Mission Street maintaining a substantial distance from the neighboring residences, and fronting Mission Street will be compatible as well as add to the Mission Street commercial streetscape.
10. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worthy of preservation.
The proposed building has a contemporary design, incorporating a variety of exterior finish materials including textured concrete (board formed/textured), metal panels, fiber cement panel or stucco, patterned metal fence/gates/screens/sunshades, and a glazed aluminum windows. This stretch of Mission Street has a wide variety of building types and appearances, none of which have established architectural character worthy of preservation.
11. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas.
Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rightsof-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.
The Mixed-Use Medium Density (MXMD) designation allows a Floor Area Ratio (FAR) range from .75 to 1.75. FAR is the total gross floor area of the development divided by the net area of the site. The total floor area for the proposed mixed-use project 43,237 square feet and the net lot size (with deduction of riparian setback area) is 11,182 square feet, resulting in a FAR of 3.86 for the proposed development. A waiver to exceed FAR is included as part of the Density Bonus request, as complying with the designated FAR would reduce the volume of the building and would physically preclude the construction of the project that would include the number of residential units allowed under the State Density Bonus Law. .
With the exception of height and setbacks, the siting and design standards are consistent with the zone district standards. The proposed building has been designed in a contemporary style with rooftop equipment incorporated into the roof design and screened from adjacent properties. Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view.
29.27 12. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.
Commercial uses surround the site, with the exception of residential uses to the west and across the creek to the north. The commercial retail use will abut Mission Street maintaining a substantial distance from the neighboring residences.
13. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan maintain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.
The flat site is mostly paved with two commercial buildings constructed in the 1960s that are proposed for demolition. There are seven trees located on the site, two of which qualify as heritage due to their size. No special status plant species have been recorded for this property, and no special status species were observed and the potential presence of is considered very low due to the lack of suitable substrates/habitats and developed condition of the site. The majority of the proposed development will occur within areas supporting existing structures, parking areas, and non-native landscaping. The removal of this vegetation is not considered a significant impact to local or regional botanical resources. Recommended measures to protect the creek have been included as conditions of approval, including removal of invasive species, using locally native plant species for the new landscaping, and scheduling of vegetation removal to avoid the bird nesting season. The site will remain flat, with minimal alteration to the existing land forms.
14. The site plan ensures that the scale, bulk, and setbacks of new development preserves important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.
The project site is not located adjacent to the coastline or within any scenic view area.
15. The site plan shall reasonably protect against external and internal noise, vibration and other factors, which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.
The applicant will be required to obtain a building permit for the new building. The structure will be required to meet all applicable regulations of the California Building Code pertaining to noise, vibration, and other factors affecting indoor and exterior environmental quality.
Conditions of approval require that the applicant submit a project-level noise assessment for review and approval prior to building permit issuance and require compliance with the reports’ recommendations to ensure compliance with the noise policies in the General Plan.
29.28 16. Building and structures shall be so designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.
The proposed building will be designed to meet the City’s Green Building Program requirements. New planted trees and landscaping will reduce the heat island effect.
Special Use Permit, Section 24.08.050
17. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;
The subject parcel has a Mixed-Use Medium Density (MXMD) General Plan designation. This designation applies to sites along the Ocean Street and the Mission Street corridor between Swift and Laurel Street. Typical commercial uses are similar to those in the Community Commercial (CM) designation, and pedestrian-oriented commercial uses are encouraged on the ground floor. For reference, the CM designation calls for “businesses that serve the general needs of the community, including retail, service, and office establishments. Typical uses in these areas include restaurants, grocery stores, furniture stores, general merchandise, medical and legal offices, and auto parts stores, as well as mixed-use projects that include these commercial uses on the ground floor.”
The Mixed-Use Medium Density (MXMD) designation allows a Floor Area Ratio (FAR) range from .75 to 1.75. FAR is the total gross floor area of the development divided by the net area of the site. The total floor area for the proposed mixed-use project is 43,237 square feet and the net lot size (with deduction of riparian setback area) is 11,182 square feet, resulting in a FAR of 3.86 for the proposed development. With the proposed FAR exceeding the allowed FAR, a waiver to FAR is included as part of the Density Bonus request.
The proposed mixed-use project is consistent with the policies of the General Plan, including the following:
Land Use Development Policy LU3.3.1 - Discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.
Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Density bonus units.
29.29 Community Design CD3.3 – Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
Community Design CD4.1.1 – Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers. Community Design CD4.1.1 – Where possible, site buildings at the street frontage and place parking areas away from street corners and to the rear of buildings. Community Design CD4.1.3 – On major corridors, encourage mixed-use development, especially projects with priority for commercial uses that can provide services to the adjacent community.
Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development. Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
Mobility Development Policy M3.2.11 - Improve traffic flow and safety and reduce impacts on arterial streets by limiting driveways, mid-block access points, and intersections; removing on-street parking; clustering facilities around interconnected parking areas; providing access from side streets; and other similar measures.
Economic Development Policy 1.1.3 - Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents.
Economic Development Policy 5.2 - Provide for residents’ daily shopping needs in local-serving neighborhood commercial centers.
Economic Development Policy 5.2.1 - Encourage neighborhood shopping in nodes of commercial development that serve residential areas and have adequate transit, pedestrian, and bicycle access.
Economic Development Policy 5.2.2 - Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial.
The project site is located within the Mission Street Urban Design Plan (MSUDP) which encourages developments such as this. The community’s vision is to re-establish Mission Street as a vibrant commercial corridor that recognizes and carefully balances its functions as both a State Highway and local-serving commercial street. As noted in the MSUDP, the corridor should maintain a predominantly commercial mixed-use character. Residential uses should be restricted to multi-family residential units, and to residential above ground floor retail or office. The remaining single-family residential uses should be allowed to eventually phase out. The intent is to create a corridor that is safe, attractive, economically and socially vibrant, which in turn will improve the quality of life for Westside residents.
The project site is within the “Westside Zone” area of the Mission Street Urban Design Plan.
The Westside Zone, which extends from Laural Street to Swift Street includes predominantly retail and service type uses with scattered residential, office and institutional uses. The project meets the objectives of the Westside Zone by establishment of a development that provides retail and services for both residents and visitors and employing streetscape improvements such as street trees, lighting, and street furnishings to visually unify this section of the corridor
29.30 and enhance the pedestrian environment. The project also meets the following areawide land use and redevelopment strategy plan policies:
Policy 4a – Encourage a mix of higher density residential and office uses along Mission Street that will complement and support the retail base and contribute to the creation of a neighborhood with around-the-clock vitality.
Policy 4b – Establish the Mission Street corridor as an attractive pedestrian-oriented, mixed-use district.
Policy 4c – Encourage “mixed-use” development and “local-serving” commercia uses as a means of reducing automobile use within the planning area. Development of complementary uses (retail and office, retail and housing, office and housing) in proximity to each other allows residents, employees, and visitors to walk and/or bicycle when undertaking many of the typical daily trips, whether it is going to lunch, running errands, or going out for the evening.
Policy 5c – Encourage redevelopment and infill development along Mission Street that will improve the corridor’s economic vitality, enhance the definition and character of the corridor, and create better pedestrian scale and orientation.
The property is not located within the Coastal Zone Overlay.
18. That any additional conditions stipulated as necessary in the public interest have been imposed;
Additional conditions have been added to the approval in order to ensure the commercial and residential activities do not negatively impact surrounding uses.
19. That such use or structure will not constitute a nuisance or be detrimental to the public welfare of the community; and
The project meets all district development standards, and the overall building mass is broken up by architectural treatment. Rooftop equipment is incorporated into the roof design and screened from adjacent properties. Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view. Taking all of these into consideration, the proposed uses incorporated into the project will not constitute a nuisance or be detrimental to the public welfare of the community.
Additional conditions have been added to the approval in order to ensure the development does not constitute a nuisance or would be detrimental to the public welfare of the community.
20. That all thrift store uses shall include a management plan that identifies collection facilities for donated items, operating hours for donation facilities which discourage unsupervised dropoffs, adequate storage areas for sorting the materials, and provides a plan to properly dispose of unusable items in a timely, secure, and orderly fashion and maintains premises in a clean and attractive condition.
Not applicable.
29.31 Watercourse Development Permit, Section 24.08.2190
21. The development and the project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan.
The project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan with the approval of the Density Bonus waiver to the required creeks setbacks and incorporation of the recommendations in the biotic report as conditions of approval. The stretch of Laurel Creek adjacent to the site is an open channel, with a mixture of natural and concrete-lined side slopes and is comprised of non-native landscaping and non-native forbs and vines. The value of the riparian corridor to native wildlife is moderated due to its small size and the lack of native riparian vegetation that would provide cover and forage for native wildlife. However, it provides value due to the year-round presence of surface water and the structure of the woody vegetation likely provides perching, roosting, and nesting sites for several bird species. Common wildlife species adapted to urban land uses are expected to inhabit the creek and the adjacent landscaping. Approximately 68 square feet of the building will overhang the riparian corridor (16 feet above grade); however, this feature will not impact any existing riparian woodland vegetation. No special status plant species have been recorded for this property, and no special status species were observed and the potential presence of is considered very low due to the lack of suitable substrates/habitats and developed condition of the site. The majority of the proposed development will occur within areas supporting existing structures, parking areas, and non-native landscaping. The removal of this vegetation is not considered a significant impact to local or regional botanical resources.
22. That the development is permitted per Section 24.08.2150 or that the zoning administrator has determined that the project is in substantial conformance with the listed permitted uses.
With the structure cantilevering into the 10-foot riparian corridor setback and the 15-foot development setback areas, the City-Wide Creeks and Wetlands Management Plan would require the issuance of a Watercourse Variance. However, with the project including a Density Bonus, a waiver to the creek setback is being requested in place of the Watercourse Variance.
Similar to the requirements of a Watercourse Variance, the biotic report evaluated the potential impacts of the project on the creek. Appropriate conditions of approval are included to improve the habitat of the creek by removing invasive, non-native plant species, improving water quality and flow with implementation of proper erosion control and best management practices, and planting of appropriate species. Therefore, the development is permitted with the issuance of a Watercourse Development Permit and Density Bonus waiver to the creek setbacks.
23. That the development complies with the applicable watercourse development standards stated in Section 24.08.2180.
A biotic review was prepared by Biotic Resources Group in August of 2023 with the focus of the assessment being to identify watercourse setbacks and sensitive biotic resources within the project area and evaluate the proposed project relative to the resources. The report recommends
29.32 measures consistent with the applicable watercourse development standards stated in Section
24.08.2180 which have been included as conditions of approval.
24. That the project has met the requirements of all other reviewing agencies including but not limited to state and federal government requirements.
The limit of the development is outside of state and federal government jurisdiction and therefore is not required to meet state and federal requirements.
Density Bonus, Section 24.16.270
25. The housing development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or modified parking standards requested; conforms to all standards for affordability included in this section; and includes a financing mechanism for all implementation and monitoring costs.
Pursuant to Zoning Code Section 24.16.020(5)(b), “SRO Developments. In a rental residential development comprised of SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low-income households at an affordable rent.” With a base density of 32 units, six (20%) of the residential units are required to be provided as affordable housing units at the very-low income level (50% AMI). Additionally, if the storage units are converted to ADU’s, at the time of building permit issuance, the applicant will be required to restrict two additional ADU’s in accordance with Section 24.16.020(8). While these two units are required to be restricted at the Low Income level, the property owner has volunteered to restrict the units at the Very Lot Income level. According to AB 2345 Government Code Section 65915(f)(2), if 15% of the total conforming base density is designated very lowincome, development projects then qualify for a 50% density bonus. Therefore, the housing development is eligible for a density bonus and the requested waivers. All financing mechanisms for implementation and monitoring costs will be provided by the applicants.
26. Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs based upon appropriate financial analysis and documentation if required by Section.
Not applicable. The project does not include any requests for incentives/concessions.
27. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Section 24.16.230.
Not applicable. The project does not include any requests for dedication of land.
28. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care center, the development conforms to the standards included in Section
24.16.235.
Not applicable. The project does not include a proposal for a child care center.
29.33 29. If the density bonus incentive or concession is approved for a condominium conversion, the development conforms to the standards included in Section 24.16.240.
Not applicable. The project does not include a proposal for a condominium conversion.
30. If the incentive or concession includes mixed-use buildings or developments, the nonresidential land uses will reduce the cost of the housing development and the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.
Not applicable. The project does not include any requests for incentives/concessions.
31. If a waiver or modification is requested, the applicant has shown that the development standards for which the waiver or modification is requested will have the effect of physically precluding the construction of the housing development at the densities or with the incentives or concessions permitted by this Part 3.
The applicant has requested three waivers of development standards, all of which are required to be waived if they preclude project development. The applicant is requesting waivers to height, setbacks, and FAR. The city must grant these waivers unless they violate state or federal law, create a specific adverse impact on health and safety or the physical environment that cannot be mitigated, or adversely impact real property listed on the California Register of Historical Resources. With regard to the proposed project, failure to grant the waivers requested would physically preclude construction of the project accommodating the number of residential units allowed under Density Bonus Law. As presented, the project would not induce any specific, adverse impact upon public health or safety and includes no characteristics constituting grounds for reduction in residential density or project denial pursuant to the provisions of SB330. No evidence has been revealed which would suggest that the requested waivers should not be granted as required by State law.
32. If a commercial development bonus is requested, the project complies with the requirements of Section 24.16.258, the city has approved the partnered housing agreement, and the bonus has been mutually agreed upon by the city and the commercial developer.
Not applicable. The project does not include a proposal for a commercial development bonus.
33. If the housing development or the commercial development is in the coastal zone, any requested density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus is consistent with all applicable requirements of the certified Santa Cruz local coastal program, with the exception of density.
Not applicable as the site is not located in the coastal zone.
Heritage Tree Removal, Resolution NS-23,710
29.34 34. The heritage tree or heritage tree shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way; Not applicable.
35. The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal; or
Not applicable.
36. A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.
An arborist report was prepared by Davey Resource Group in August of 2023 and revised in October of 2023. Seven trees located on or near the site were assessed, with two qualifying as heritage trees requiring a permit for removal. One of the heritage trees, a Black Walnut located adjacent to the site in the riparian area, is proposed to be retained with tree protection measures provided and included as conditions of approval. All other trees on site, including one heritage Evergreen Ash, are proposed to be removed due to the extent of the proposed construction.
The project’s proposed tree and planting plan includes a total of 6 new trees:
Nine 24-inch box Armstrong Gold Maple (street trees)
Seven 10-15 gallon Dogwoods (2nd level open space terrace) Five 10-gallon Variergated Box Elder Maples (5th level open space) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby acknowledges the Categorical Exemption and approves the Nonresidential Demolition Authorization Permit to demolish two commercial buildings, Boundary Line Adjustment to combine two parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit and Heritage Tree Removal Permit to construct a five-story mixed-use building consisting of 2,627 square feet of ground floor commercial space and 47 single room occupancy (SRO) residential units above. The project also includes a request for density bonus including waivers to exceed building height, setbacks, and FAR, as well as proposes to utilize AB2097 to reduce on-site parking. The parcels are both located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) zone district and the Mission Street Overlay Zone, thereby denying the appeal; and subject to the Findings listed above and the Conditions of Approval listed in Exhibit “A,” attached hereto and made a part hereof, thereby denying the appeal.
PASSED AND ADOPTED this 30th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
29.35 APPROVED:
Fred Keeley, Mayor
ATTEST:
Bonnie Bush, City Clerk
29.36 EXHIBIT A
CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
1130/1132 Mission Street – CP23-0103
Nonresidential Demolition Authorization Permit to demolish two commercial buildings, Boundary Adjustment to combine two parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit and Heritage Tree Removal Permit to construct a five-story mixed-use building consisting of 2,431 square feet of ground floor commercial space and 48 single room occupancy (SRO) residential units above. The project also includes a request for a density bonus and waivers to exceed building height, setbacks, and FAR, as well as proposes to utilize AB2097 to reduce on-site parking. The parcels are both located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) zone district and the Mission Street Overlay Zone.
1. If one or more of the following conditions is not met with respect to all its terms, then this approval may be revoked.
2. All plans for future construction which are not covered by this review shall be submitted to the City Planning and Community Development Department for review and approval.
3. This permit shall be exercised within three (3) years of the date of final approval, or it shall become null and void. When a building permit is required, a zoning permit shall be considered exercised following the issuance of a valid building permit.
4. If, upon exercise of this permit, this use is at any time determined by the Planning Commission to be incompatible with the surrounding neighborhood, revocation of, or amendment to, this permit by the Planning Commission could occur.
5. The use shall meet the standards and shall be developed within limits established by Chapter
24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust, vibration, wastes, fumes, or any public nuisance arising or occurring incidental to its establishment or operation.
6. The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. Any errors or discrepancies found therein may result in the revocation of any approval or permits issued in connection therewith.
7. All final working drawings shall be submitted to the Zoning Administrator for review and approval in conjunction with building permit application. The plans submitted for building permits shall have the same level of articulation, detailing, and dimensionality as shown in the approved plans. All approved exterior finishes and materials shall be clearly notated on the building permit plans. Renderings shall accurately reflect the proposed materials, and details shall be provided demonstrating the mix of materials at the corners of the building.
8. Plans submitted for building permit issuance shall be internally consistent.
9. The development of the site shall be in substantial accordance with the approved plans submitted and on file in the Department of Planning and Community Development of the City
29.37 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
of Santa Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to plans or exceptions to completion may be granted only by the City authority which approved the project.
10. The applicant and contractor who obtains a building permit for the project shall be required to sign the following statement at the bottom of these conditions, which will become conditions of the building permit:
“I understand that the subject permit involves construction of a building (project) with an approved Design Permit. I intend to perform or supervise the performance of the work allowed by this permit in a manner which results in a finished building with the same level of detail, articulation, and dimensionality shown in the plans submitted for building permits. I hereby acknowledge that failure to construct the building as represented in the building permit plans, may result in delay of the inspections process and/or the mandatory reconstruction or alteration of any portion of the building that is not in substantial conformance with the approved plans, prior to continuation of inspections or the building final.”
Signature of Building Contractor Date
11. All requirements of the Building, Fire, Public Works, Environmental Health, and Water Departments shall be completed prior to occupancy and continuously maintained thereafter.
12. All refuse and recycling activities during construction shall be done in accordance with Chapter
6.12 of the Santa Cruz Municipal Code. Private companies offering refuse or debris box services are not allowed to operate within the City limits, except under certain limited circumstances detailed in Chapter 6.12.160.
13. Plans submitted for building permit issuance shall include electric vehicle charging stations as required per Section 24.12.241 of the Zoning Ordinance. Plans shall indicate at least one parking space in the garage that will be designated for residential and commercial tenant loading and rideshare by restricting to adequate time limits, such as 3 or 5 minutes maximum.
14. Adequate provisions shall be made to supply water to each of the premises covered by this application. The design of water facilities shall be to standards of the Water Department, and plans therefore must be submitted to the Water Department Director for review and approval prior to the issuance of a building permit.
15. Plans submitted for building permit issuance shall show all exterior site lighting locations and fixture details. All exterior building lighting shall be shielded and contained in a downward direction. No exterior lighting shall produce off-site glare. A photometric site plan shall be provided to verify this, and planning department staff shall observe the final lighting at night before Certificate of Occupancy is granted.
16. Exterior site lighting shall be provided along pedestrian pathways and in the vehicle parking area. Security lighting shall be motion sensor only.
29.38 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
17. Landscape and irrigation plans shall be submitted at the time of the building permit application and will be reviewed by both the Planning Department and Water Department. The landscape and irrigation plans shall demonstrate compliance with all requirements of the City’s WaterEfficient Landscaping Ordinance in Chapter 16.16 of the Santa Cruz Municipal Code prior to issuance of the building permit. All landscaping shall be installed prior to occupancy.
18. All landscaping shall be installed prior to final utility release or issuance of occupancy permits.
19. Subsequent to occupancy of the premises, all landscaping shall be permanently maintained.
Such maintenance shall be secured through an 18-month bond prior to occupancy.
20. All utilities and transformer boxes shall be placed underground unless otherwise specified.
21. A drainage plan shall be submitted in conjunction with application for building permits.
22. Prior to commercial/business use of a building or site, owners or tenants shall obtain a Zoning Clearance/Occupancy Permit from the City Planning Department and a Business License from the City Finance Department.
23. Prior to issuance of the demolition permit, the applicant shall obtain a building permit for the construction of the new mixed-use development. Issuance of the demolition permit may be made prior to building permit issuance at the discretion of the Planning Director.
24. Plans submitted for building permit issuance shall include the following note: Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource or paleontological resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking; c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director; d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.
25. Prior to issuance of any demolition or building permit, asbestos and lead based paint testing shall be performed by either Environmental Protection Agency (EPA) or California (CA) state health certified individuals to determine the extent of the onsite hazardous materials prior to any demolition of existing structures. Approval shall then be obtained from Monterey Bay Air Resources District (MBARD) for the hazardous or other regulated material removal.
Applicant shall provide the city with a copy of the ASB application or a copy of an email
29.39 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
from MBARD stating no application is required. A separate building permit application and plans are required for the proposed demolition from the City of Santa Cruz Building Division if prior to issuance of the building permit application.
26. Bike Parking. Plans submitted for building permit issuance shall demonstrate that the bike parking demonstrated on the approved plans are provided on the building permit plans. The plans shall include specifications for the Class 2 bike parking racks including manufacturer, dimensions, and design, and a description of the access privileges to any proposed secure bike parking areas.
27. Affordable Housing Agreement: Applicant shall comply with the inclusionary housing requirements and density bonus requirements set forth at SCMC Chapter 24.16 Parts 1 and 3, together with any applicable State statutes involving density bonus. With a base density of 33 units, six (20%) of the residential units will be required to be deed-restricted as affordable units at the VLI (50% AMI) and two ADUs will be required to be restricted at the LI level (80% AMI). The applicant has volunteered to provide all eight units at the VLI level which shall be reflected in an affordable housing development agreement. The applicant shall enter into and record an affordable housing development agreement prior to issuance of a building permit for any affordable unit in the residential development. The affordable housing development agreement shall run with the land and bind all future owners and successors in interest.
28. A new property description shall be recorded with the County Recorder's office and a copy of the recorded description provided to the City Planning Department. The deed(s) of conveyance must contain the following statement after the description of the property(ies) or portion(s) of property to be transferred:
"The purpose of the deed is to adjust the boundary between Assessor's Parcel Number 006- 203-24 and Assessor's Parcel Number 006-203-25 as approved by the City of Santa Cruz under Application CP23-0103. This conveyance may not create a separate parcel, and is null and void unless the boundary is adjusted as stated."
29. Trash Enclosure: Plans submitted for building permit shall include a new trash enclosure. A floor drain shall be installed in the slab and connected to the sanitary sewer system; and a hose bib shall be installed for the purpose of cleaning the interior of the structure. The final trash enclosure design shall be shown in the plans submitted for building permit and shall be subject to review and approval by the Public Works Department.
30. New Sanitary Sewer Connection: Plans submitted for building permit shall show a new sanitary sewer connection, which will be required to connect to the existing City sanitary sewer manhole.
A City standard clean-out will be required.
31. Existing Sanitary Sewer Lateral(s): Plans submitted for building permit shall show the existing sanitary sewer lateral(s) abandoned at the City sewer main by method of mechanical plug or factory cap.
29.40 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
32. Street Trees. City street trees, each of minimally 24-inch-box size, shall be planted in a quantity and at locations as determined by the City’s Urban Forester. City Street Trees to be planted must conform to the City’s approved Street Tree List.
33. Any tree marked for preservation which is subsequently removed shall be replaced by two (2) specimen trees of a variety and at locations specified by the Director of Planning and Community Development or authorized designee. All such trees shall be replaced prior to occupancy of the premises.
34. The plans submitted for building permit shall include a tree protection plan indicating the manner by which all trees designated for retention will be preserved during project construction.
35. TIF: Prior to building permit issuance, the applicant shall pay Traffic Impact Fees (TIF) as required by the Public Works Department.
36. Stormwater Management: Prior to submittal of any application for demolition permit or building permit, the applicant shall submit all necessary information, documentation, and plans necessary to demonstrate compliance with all applicable requirements of the City, State Water Resources Control Board, and any other regulatory agencies related to satisfactory management and treatment of stormwater.
37. Compliance with Recommendations of Project Reports/Technical Studies. At all times, the project applicant/property owner shall ensure compliance with all recommendations included in reports/technical studies related to natural resources, including, but not limited to, the geotechnical report dated October 18, 2022, prepared by Rock Solid Engineering Inc.; the arborist report and tree protection plan dated October 2023, prepared by Davey Resource Group; and the biotic report dated August 17, 2023, prepared by Biotic Resources Group.
38. Bird-Safe Development. Plans submitted for building permit shall demonstrate compliance with the City’s Bird Safe Development Guidelines and shall include the use of glass with a frit pattern, or other bird-safe methods compliant with American Bird Conservancy guidelines, on the west facing elevation within 40-feet of grade.
39. During Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource or paleontological resource, shall:
a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;
29.41 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
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.
40. Grading shall be done during periods of dry weather and protective measures shall be incorporated during grading to prevent siltation from any grading project halted due to rain.
41. All new mechanical equipment and appurtenances, including, but not limited to, rooftop and ground-mounted equipment, including gas and water meters, electrical boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent properties, shall be screened with material compatible with the materials of the building and shall be subject to the approval of the Zoning Administrator. Sound control shall be considered when designing this screening.
42. Final colors shall be approved by the Director of Planning and Community Development prior to application for building permits, provided there are no substantial deviations from the final colors as shown on the approved plans. as proposed in the Project submittal and application materials.
43. Prior to the issuance of a building permit, the applicant shall pay the Park and Recreation Facility Tax pursuant to Chapter 5.72 of the City of Santa Cruz Municipal Code based on the final building permit plans.
44. Prior to the issuance of a building permit, the applicant shall pay the Park and Recreation Facility Tax pursuant to Chapter 5.72 of the City of Santa Cruz Municipal Code based on the final building permit plans.
45. Prior to the issuance of a building permit, the applicant shall pay the childcare impact fee pursuant to Chapter 8.48 of the City of Santa Cruz Municipal Code based on the final building permit plans.
46. Prior to the issuance of a building permit, the applicant shall pay the public safety impact fee pursuant to Chapter 8.49 of the City of Santa Cruz Municipal Code based on the final building permit plans.
47. All downspouts shall be directed either to the City street or into percolation wells provided for the handling of such runoff.
48. Acoustic Report. Prior to issuance of building permit, an acoustic evaluation (noise study). prepared by an acoustic engineer licensed in the State of California must be submitted, subject to review and approval by the Director of Planning and Community Development or authorized designee. Plans and documents provided by the applicant/developer in conjunction with the application for Building permit shall incorporate building and site design demonstrating
29.42 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
compliance with all recommendations of the acoustic report. Compliance with all recommended measures for noise attenuation must be ensured at all times.
49. Soils Engineer Verification. The plans submitted for building permit shall include a letter from the project soils engineer, verifying that the scope of work and design of the project is consistent with, and in all respects complies with, the geotechnical report prepared for the project and the recommendations included in the geotechnical report, including, but not limited to, grading, drainage, and erosion control.
50. County Environmental Health and Safety. Compliance with all requirements of the County of Santa Cruz Department of Environmental Health and Safety Department related to on-site assessment and remediation must be ensured at all times.
51. Future Food Service Use. All commercial spaces shall each be constructed to support a future food service use. Plans must include ducting and venting plans for all commercial spaces. All ducting and venting should be designed to be hidden or incorporated into the building design.
Plans shall also show the locations of grease traps, grease lines, and grease storage facilities, which shall be located outside of the public right of way.
52. No signs shall be installed on the site without prior approval of a Sign Permit.
53. The property owner shall be responsible for the ongoing maintenance of the building and site in good condition including maintenance of exterior materials, landscaping, sidewalks, street furniture, lighting, open space areas, appropriate window treatments, and the parking garages.
54. The property owner and/or project applicant agree(s) as a condition and in consideration of the approval of this discretionary development permit that it will, pursuant to agreement and/or statutory provisions as applicable, including but not limited to Government Code Section 66474.9, defend, indemnify and hold harmless the City of Santa Cruz or its agents, officials, officers and employees from any claim, action or proceeding against the City or its agents, officials, officers or employees to attack, set aside, void or annul this approval, which action is brought within the time period provided for under law, including but not limited to, Government Code Section 66499.37, as applicable. The property owner and/or project applicant will reimburse the City for any court costs and attorney’s fees, which the City may be required by a court to pay as a result of such action. City may, at its sole discretion, participate in the defense of such action; but such participation shall not relieve the property owner and/or project applicant of these obligations under this condition. An agreement to this effect shall be recorded upon demand of the City Attorney or concurrent with the issuance of building permits, use of the property, filing of the final map, whichever occurs first and as applicable. The City shall promptly notify the property owner and/or project applicant of any such claim, action or proceeding and the City shall cooperate fully in the defense thereof. If the City fails to promptly notify the property owner and/or project applicant of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, the property owner and/or project applicant shall not thereafter be responsible to defend, indemnify or hold the City harmless.
29.43 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
54. Applicant’s/Property Owner’s Duty to Defend, Indemnify, and Hold Harmless. a. Applicant and Property Owner agree to defend, indemnify, and hold harmless the City, its officials, officers, employees, attorneys, and agents (the “City Parties”) from and against all liabilities, losses, liens, damages, judgments, costs, and expenses, including, without limitation, reasonable attorney’s fees (“Losses”), arising in any way related to this Project.
b. Applicant and Property Owner agree to defend, indemnify, and hold harmless City, its officials, officers, employees, attorneys, and agents (“City Parties”) from and against any and all claims, demands, actions, and proceedings (collectively, “Actions”) brought against the City, its officials, officers, employees, attorneys, or agents to attack, set aside, void, or otherwise modify the decision on the Project, permit decision, or environmental review related to the Project; or Actions alleging failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, general plan, or zoning requirements related to the Project.
The defense and indemnification obligation includes reimbursing the City for any and all costs incurred in connection with such Actions, including but not limited to, costs of suit, expenses, payment of attorney’s fees, City staff costs, court costs, damages, liabilities, judgments, and settlement costs.
c. Applicant and Property Owner shall also defend, indemnify and hold harmless City Parties for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, general plan amendment, or ordinance) if made necessary by said Actions and if the Applicant or Property Owner seeks to pursue securing such approvals and/or clearances, after initiation of the Actions, which are conditioned on the approval of these documents.
d. City shall notify Applicant and Property Owner of any such Actions and City agrees to cooperate in the defense of the Actions. Upon receipt of such notification, Applicant and/or Property Owner shall assume the defense of the Actions, including the employment of counsel reasonably satisfactory to the City. In the event of a conflict of interest, City may employ separate counsel to represent the City; and Applicant and/or Property Owner agrees to pay for the reasonable attorneys’ fees and costs of the City’s separate counsel.
e. Applicant and Property Owner agree that City may, at its sole discretion, participate in the defense of such Actions; but such participation shall not relieve Applicant or Property Owner of any of the obligations herein to defend, hold harmless, and indemnify the City Parties. If the City Attorney’s Office participates in the defense, all of the City Attorney’s Office fees and costs, and City staff costs, shall be paid by the Applicant and/or Property Owner.
f. In the event that Applicant and/or Property Owner is required to defend City in connection with any Actions, City shall retain the right to reasonably approve: the counsel to so defend City; all significant decisions concerning the manner in which
29.44 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
the defense is conducted; and any and all settlements, which approval shall not be unreasonably withheld but which is contingent on the approval of the City council. g. Applicant and Property Owner agree to reimburse and indemnify the City for all of City’s costs, fees, including attorney’s fees and costs, staff costs, and damages incurred in enforcing these provisions to defend, hold harmless, and indemnify the City Parties.
h. Applicant’s and Property Owner’s duty to indemnify and hold harmless shall not apply to the extent such Actions or Losses are caused by the gross negligence or willful misconduct of the City Parties. Applicant’s and Property Owner’s obligation to defend shall arise regardless of any claim or assertion that City Parties caused or contributed to the Losses.
i. The obligations of Applicant and Property to defend, indemnify, and hold harmless the City Parties, are joint and several.
j. The obligations in this section shall survive the expiration or termination of this application.
55. The applicant and/or property owner shall be responsible for ensuring that any existing buildings approved for demolition or conversion remain occupied by a tenant or, if any buildings are vacant or become vacant prior to demolition or conversion, that these buildings are adequately secured to prevent break-ins and other vandalism. All windows, doors, and other openings into vacant buildings shall be completely covered and a six-foot tall chain link fence shall be installed around the perimeter of the property. Graffiti shall be removed or painted over within 72 hours. If a break-in occurs, the applicant and/or property owner shall, within 24 hours, clean the site of trash and debris, and re-secure the site and building(s).
Additionally, following a break-in, the applicant/property owner shall provide the Planning Department, SCFD Fire Marshall and SCPD with a copy of a signed contract with a private security company to provide ongoing monitoring of the site. If a break-in or other public safety concern occurs at the site that requires an emergency response, the applicant and/or property owner shall be responsible for paying the fully burdened hourly rates for Police, Fire, Code Compliance, or other City Staff to respond and follow up.
56. Prior to final inspection of a Building Permit, all rental units in the project shall be enrolled in the City of Santa Cruz Residential Rental Inspection Program. The units are exempt from inspections and annual registration fees for the first five years of occupancy (based on the date of building permit’s final inspection) and will be activated automatically after five years.
If the project consists of ownership units, each individual property owner is responsible for enrolling in the Rental Inspection Program prior to renting their unit(s).
57. Management Plan: Applicant shall submit a finalized management plan that provides the criteria specified in Zoning Code Section 24.12.1040, which shall be subject to approval by the Planning Director prior to building permit issuance. The management plan shall include the following:
29.45 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
a. The name and contact information for the property manager and that they will be available to respond to resident and community concerns at all times. b. That the building shall comply with the city noise ordinance (9.56), which restricts offensive noise between the hours of 10:00 PM and 8:00 AM. Further, the plan shall specify that noise from the rooftop terraces between these hours shall not be audible off-site.
c. The owner’s intent to prioritize tenancy to households that do not own a car. d. Details regarding trash bin placement and removal from driveway.
58. The applicant shall implement riparian restoration/enhancement actions within the 10-foot wide riparian corridor. Within this zone, invasive, non-native plant species shall be removed, primarily bamboo, Himalaya berry, and English ivy, and install shade-tolerant locally native riparian species. Suitable species may include creek dogwood (Cornus sericea), California rose (Rosa californica), snowberry (Symphoricarpos albus) and flowering currant (Ribes sanguineum). The applicant shall implement maintenance of the corridor, including continued removal of invasive, non-native plant species and maintenance of installed plantings for a minimum of 5 years, providing yearly progress reports to the City. Within the 15-foot wide development setback area, the plantings in the bioremediation area of the proposed Landscape Plan shall exclude plant species that are not locally native and/or inappropriate for the region. Any/all milkweed species (Asclepias spp.) shall be removed.
59. The project shall utilize locally-native plant species within the 10-foot riparian corridor.
Plants shall be obtained from a local native plant nursery. Invasive, non-native plant species shall not be used for landscaping. Plant species that should not be used on the site include all plants recognized by California Invasive Plant Council (Cal-IPC). This list includes: all brooms (i.e., French broom, Spanish broom and Scotch broom), periwinkle (Vinca sp.), Cape ivy, English ivy, Algerian ivy, acacia (all kinds), eucalyptus (all kinds), Monterey pine, cotoneaster, and pyracantha. A full list of prohibited species is found on www.cal-ipc.org.
Existing occurrences of invasive species that should be removed/controlled from the riparian corridor include: Himalaya, English ivy, valerian, and bamboo.
60. Lighting within the riparian corridor shall be prohibited and lighting in the development setback area shall be limited to low-level walkway, motion detection security, or entry lighting. Direct lighting shall be hooded and directed downward, away from the watercourse.
61. Mowing or removal of riparian vegetation shall be prohibited. Pre-construction bird nesting surveys shall be conducted adjacent to identified habitat areas.
62. Vegetation removal shall be scheduled to occur between September 1 and March 1 of any given year(s) to avoid the bird nesting season for this part of the central coast. If that schedule is not practical, then a qualified biologist shall be hired to conduct nesting bird surveys no more than two weeks (14 days) prior to vegetation removal. If any active bird nests are observed, the biologist shall designate a buffer zone around the nest tree or shrub as follows:
200 feet for nesting raptors and 50 feet for all other bird species. No vegetation removal shall take place within the buffer zone until the biologist has determined that all chicks have fledged and are able to feed on their own. Because this is a relatively small lot, it may not be practical to work around the buffer zone, in which case vegetation removal shall be
29.46 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
postponed until the biologist has determined that all chicks have fledged and are able to feed on their own.
63. The project shall implement standard erosion control BMP’s and riparian habitat protection measures during the project construction period to minimize impacts to the creek located adjacent to the work area, including:
a. Install devices to divert surface water away from the work area. b. Install plastic mesh fencing at the perimeter of the work area to prevent inadvertent impacts to the riparian corridor, stream channel, and injury to any vegetation to be retained.
Protective fencing shall be in place prior to ground disturbances and removed once all construction is complete. During construction, no grading, construction or other work shall occur outside the designated limits of work. Ensure no construction materials enter the creek/riparian area while construction the Building overhang. c. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored outside the designated limits of work.
d. All staging of equipment and materials, and refueling of equipment, shall be located in existing roadways and parking areas. The contractor shall prepare and implement a fuel spill prevention and clean-up plan.
64. The project shall apply native or other appropriate erosion control hydroseed mix on exposed soils and slopes and use biotechnical bank stabilization to the maximum extent feasible.
65. All diesel-fueled off-road construction equipment greater than 75 horsepower shall be zeroemissions or equipped with California Air Resources Board (CARB) Tier 4 Final or Interim compliant engines. Alternatively, CARB Tier 2 or 3 compliant engines may be used if CARB Level 3 Verified Diesel Emissions Control Strategy (VDECS) filters are added to each piece of off-road diesel-fueled equipment.
66. The developer shall work with the Metro to implement existing bus pass programs for the project tenants.
67. The amenity/laundry rooms shall include motion-sensor lighting in compliance with the 2002 Energy Code. The windows facing the creek shall be equipped with blinds, shades or other window coverings and there shall be signage installed in the amenity/laundry rooms stating that such coverings shall be used during all hours of darkness to limit light trespass to the creek.
68. On the western roof terrace, plans submitted for building permit issuance shall include the use of vegetation, seat walls, or other design elements on the western edge to provide privacy buffering.
69. The curbside loading space within the Laurel Street right-of-way (north end of the driveway) shall be maintained and used for residential and commercial delivery trucks, and rideshare8.
The owner shall work with delivery services to the greatest extent possible to request loading on Mission for large semi-trucks.
29.47 CONDITIONS OF APPROVAL
For 1130/1132 Mission Street – CP23-0103
70. As volunteered by the property owner, the property owner shall pay the remaining balance on the cost of the solar panels of the adjacent property at 1212 Laurel St, not to exceed $10,000. The property owner shall provide evidence of the payment to the City prior to final or temporary occupancy.
71. Fast-food uses, such as a Grab and Go window or food prepared at a deli counter, are not permitted with this permit. The applicant shall obtain approval of an Administrative Use Permit prior to such use, or shall otherwise comply with the code in effect at the time of application.
72. Future building colors shall be consistent with the Mission Street Urban Design Plan, with the exception of the mural.
73. Plans submitted for building permit issuance shall include the mural as shown on the approved plans, Sheet GP0.07. Significant changes in mural design shall be subject to the following artist selection process:
a. Prior to building permit issuance, the applicant shall work with the City to select a mural artist and design concept for the mural on the Laurel Street elevation as shown on the plans. A panel consisting of one member of the Arts Commission, one member of the Downtown Association, and the Economic Development Director shall work in coordination with the applicant to select the artist and design. Prior to building permit issuance, the applicant shall provide evidence that a contract has been entered into with the selected artist for the approved design.
74. Mural shall be complete prior to occupancy, including temporary occupancy.
75. As volunteered by the property owner, plans submitted for building permit issuance shall include an electronic sign and system to display available parking spaces within the garage, if it is technically feasible. Sign shall not be illuminated past close of business.
76. As volunteered by the property owner, the property owner shall post a cash bond in the amount of $7,500 with the City or Metro, which the City or Metro may use for future bus stop improvements anywhere within the City of Santa Cruz. Any remaining amount of the cash bond not used by City or Metro for bus stop improvements, after 5 years from the date of posting of the bond, shall be returned to Property Owner.
29.48 PROJECT DIRECTORY
ARCHITECT
WORKBENCH
CONTACT: JAMILEH CANNON
189 WALNUT AVE.
SANTA CRUZ, CA 95060
P: 831.227.2217
E: [email protected]
CLIENT/TENANT
CONTACT: DOUG R. WALLACE
1130 MISSION ST.
SANTA CRUZ, CA 95060
P: 831-254-1029
E: [email protected]
CONTRACTOR
WORKBENCH
CONTACT: TIM GORDIN
189 WALNUT AVE.
SANTA CRUZ, CA 95060
P: 831.227.2217
E: [email protected]
LANDSCAPE ARCHITECT
MBLA, LANSCAPE ARCHITECTURE
MEGAN BISHOP
PO BOX 328
APTOS, CA 95001
P: 831.818.9227
E: [email protected]
CIVIL ENGINEER
IFLAND ENGINEERS
5300 SOQUEL AVE.,
SUITE 101
SANTA CRUZ, CA 95062
P: 831.426.5313
E: [email protected]
GEOTECHNICAL ENGINEER
ROCK SOLID ENGINEERING, INC.
YVETTE WILSON
1100 MAIN STREET, SUITE A,
WATSONVILLE, CALIFORNIA
95076, UNITED STAT
P: 831.724.5868
E:[email protected]
CODE INFORMATION
1. 2022 CALIFORNIA BUILDING CODE
2. 2022 CALIFORNIA RESIDENTIAL CODE
3. 2022 CALIFORNIA ELECTRICAL CODE
4. 2022 CALIFORNIA PLUMBING CODE
5. 2022 CALIFORNIA MECHANICAL CODE
6. 2022 CALIFORNIA FIRE CODE
7. 2022 CALIFORNIA GREEN BUILDING STANDARDS
8. 2022 CALIFORNIA ENERGY EFFICIENCY
9. SANTA CRUZ COUNTY CODE AMENDMENTS
1 A101
1 SIM
101
1 1
A101
SIM 1i
1t
DOOR OR GATE NUMBER
WALL TAG
WINDOW TAG
ROOM NUMBER
ELEVATION MARKER
ROOM AREA
DETAIL NUMBER
SHEET NUMBER
REVISION NUMBER
KEYNOTE NUMBER
A101
1 Ref
1Ref
1 Ref
1Ref
ELEVATION NUMBER
SHEET NUMBER
BUILDING SECTION NUMBER
SHEET NUMBER
GRAPHIC LEGEND
Room name
101
150 SF
X X X X ROOM FINISHES
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
NTS
10/19/2023 10:46:35 A
M
GP0.01
COVER SHEET INDEX
21128
01.09.2023
DS
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1130 & 1132 MISSION
PLANNING PACKAGE
DRAWING INDEX - PLANNING PACKAGE
GENERAL
GP0.01 COVER SHEET INDEX
GP0.02 PROJECT INFO
GP0.03 EXISTING SITE PHOTOS
GP0.04 OPEN SPACE EXHIBIT
GP0.05 BONUS DENSITY EXHIBIT
GP0.07 RENDERINGS AND 3D EXHIBITS
GP0.08 SHADOW STUDY
LAND SURVEY
LS.10 LAND SURVEY (FOR REFERENCE ONLY)
CIVIL
C1.0 PRELIMINARY DEMOLITION PLAN
C2.0 PRELIMINARY GRADING & DRAINAGE PLAN
C3.0 PRELIMINARY UTILITY PLAN
C4.0 PRELIMINARY STORMWATER CONTROL PLAN
C4.1 PRELIMINARY STORMWATER CONTROL DETAILS
C5.0 PRELIMINARY LOT LINE ADJUSTMENT MAP
ARCHITECTURAL
AP0.50D PROPOSED DEMO SITE PLAN
AP0.51 PROPOSED SITE PLAN
AP1.01 PROPOSED FLOOR PLAN - LEVEL 1
AP1.02 PROPOSED FLOOR PLAN - LEVEL 2
AP1.03 PROPOSED FLOOR PLAN - LEVEL 3
AP1.04 PROPOSED FLOOR PLAN - LEVEL 4
AP1.05 PROPOSED FLOOR PLAN - LEVEL 5
AP1.06 PROPOSED ROOF PLAN
AP3.01 PROPOSED ELEVATIONS
AP3.02 PROPOSED ELEVATIONS
AP3.03 PROPOSED ELEVATIONS
AP4.01 BUILDING SECTIONS
AP4.02 BUILDING SECTIONS
AP5.01 ENLARGED WALL SECTIONS
AP9.01 CAR, EV, BICYCLE PARKING, & STORAGE INFO
LANDSCAPE
L1.1 LANDSCAPE PLAN GROUND LEVEL
L1.2 LANDSCAPE PLAN LEVEL 2
L1.3 LANDSCAPE PLAN LEVEL 5
L1.4 LANDSCAPE PLAN ROOF LEVEL
006-203-24 & 006-203-25 08/25/2023
NATURAL GAS-FREE DESIGN AS
REQUIRED BY SCMC 6.100, DESIGNED
IN ACCORDANCE WITH CHAPTER
6.100 OF THE MUNICIPAL CODE.
1 Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.49 PROJECT DATA
LOT 1 ADDRESS: 1132 MISSION ST
SANTA CRUZ, CA 95060
APN: 006-203-24
LOT SIZE: 5,314.3 SF (0.122 ACRES)
LOT 2 ADDRESS: 1130 MISSION ST
SANTA CRUZ, CA 95060
APN: 006-203-25
LOT SIZE: 7,187.4 SF (0.165 ACRES)
TOTAL LOT SIZE: 12,501.7 SF (0.287 ACRES)
ZONING DISTRICT: CC - COMMUNITY COMMERCIAL
GENERAL PLAN DESIGNATION: MXMD - MIXED MEDIUM DENSITY
BUILDING CONSTRUCTION TYPE: TYPE I-A: 8,987 SF
TYPE III-A: 33,862 SF
PROPOSED NUMBER OF STORIES: TYPE I-A: 1-STORY
TYPE III-A: 4-STORIES
BUILDING OCCUPANCIES: R-2 (RESIDENTIAL)
S-2 (GARAGE)
B (COMMERCIAL)
EXISTING BUILDING 1 AREA: 1,505 SF
EXISTING BUILDING 2 AREA: 738 SF
TOTAL EXISTING BUILDING AREA: 2,243 SF
(TO BE DEMOLISHED)
EXISTING LOT COVERAGE: 2,243 SF/12,501 SF = 17.9%
PROPOSED LOT COVERAGE: 9,852 SF/12,501 SF = 78.8%
FLOOR AREA RATIO (FAR) ALLOWED: 1.75
FLOOR AREA RATIO (FAR) PROPOSED: 3.46
(WAIVER #3 SOUGHT PER STATE DENSITY BONUS)
SCOPE OF WORK
THE PROJECT WILL BE APPROXIMATELY 43,234 GROSS SQUARE FEET WITH 4 STORIES OF TYPE III-A OVER ONE STORY OF TYPE I-A NEW CONSTRUCTION. 59 UNITS OF SINGLE ROOM OCCUPANCY (SRO) HOUSING ARE PROPOSED ABOVE A 2,627 SF COMMERCIAL SPACE ON THE GROUND FLOOR. THE BUILDING IS 5 STORIES TALL IN TOTAL AND UTILIZES THE STATE DENSITY BONUS AS WELL AS SB-330 AND CA AB 2097.
WAIVERS ARE REQUESTED FOR:
1. BUILDING HEIGHT
2. SETBACKS
3. FLOOR AREA RATIO (FAR)
THE PROJECT TEAM RESERVES THE RIGHT TO UTILIZE CONCESSIONS AT A LATER DATE IF NEEDED.
THIS PROPOSAL SEEKS TO DEMOLISH THE EXISTING BUILDINGS AND BUILD NEW CONSTRUCTION. THE (2) EXISTING BUILDINGS CURRENTLY UNDERUTILIZE THE (2) SUBJECT PARCELS AND ARE NOTED AS HAVING A "LOW CONTRIBUTION TO URBAN QUALITY IN THE SANTA CRUZ MISSION STREET URBAN DESIGN PLAN". THERE ARE (2) SMALL EXISTING SINGLE STORY COMMERCIAL BUILDINGS OCCUPIED BY A SINGLE GROCER TENANT. THE EXISTING BUILDINGS TEND TO FLOOD, REQUIRE NEW ROOFS AND OTHER REPAIRS, AND IT IS EXPECTED THAT ONGOING MAINTENANCE OF THE BUILDINGS WILL BE COSTLY AND DISRUPTIVE TO THE SERVICE PROVIDED TO THE COMMUNITY.
THE PROPOSED NEW CONSTRUCTION PROVIDES PEDESTRIAN FRIENDLY COMMERCIAL SPACE ON THE GROUND FLOOR AS WELL AS AN APPROX. 5,722 SF PARKING GARAGE WITH ELECTRIC VEHICLE CHARGING STATIONS AND ACCESSIBLE PARKING.
THERE IS A LOBBY ENTRY SPACE FOR RESIDENTS WITH AMENITIES INCLUDING A MAIL/PACKAGE ROOM AND RENTAL OFFICE, AND THERE IS A LARGE OPEN AIR COURTYARD FOR RESIDENTIAL USE ON THE 2ND FLOOR ABOVE THE GROUND FLOOR PODIUM. OTHER AMENITIES LOCATED
THROUGHOUT THE PROPOSED BUILDING INCLUDE ADDITIONAL BICYCLE PARKING ROOMS ON EACH STORY WITH LONG-TERM BICYCLE PARKING FOR EVERY UNIT (CLASS-I), AND RESIDENT STORAGE PER SANTA CRUZ SRO CODE REQUIREMENTS. AMENITIES PROVIDED FOR RESIDENTIAL TENANTS ON FLOORS 2-5 INCLUDE COMMON USE AREAS, LAUNDRY AREAS AND TRASH/RECYCLING/COMPOST FACILITIES.
LEVELS 2 THROUGH 4 HOST 15 SRO UNITS PER FLOOR WITH INDIVIDUAL KITCHENS AND FULL BATHROOMS. LEVEL 5 HOSTS 14 SRO UNITS AND SHARED BALCONY AMENITY SPACE.
AN APPROX. 2,627 SF COMMERCIAL SPACE IS PLANNED ALONG THE FRONTAGE OF MISSION STREET WITH AN ASSOCIATED COVERED OUTDOOR ENTRY AT THE CORNER OF MISSION AND LAUREL STREETS. SUPPORTING UTILITY SPACES FOR BOTH THE COMMERCIAL AND THE RESIDENTIAL SPACES ARE PROVIDED. PUBLIC BICYCLE PARKING (CLASS-II) IS INCLUDED ALONG LAUREL STREET.
THE BUILDING'S MASSING ORIENTS THE RESIDENT COURTYARD TOWARDS LAUREL CREEK, PROVIDING GREEN VIEWS FOR RESIDENTS AND ACCOMMODATING REQUIRED CREEK DEVELOPMENT SETBACKS. SOME ROOF SPACE IS INTENDED FOR MECHANICAL EQUIPMENT AND SOLAR PHOTOVOLTAICS. SOME GREEN ROOF SPACE WILL BE PROVIDED AS WELL.
PLANNING CODE NOTES
BUILDING HEIGHT
& STORIES
SCMC 24.10.750
BICYCLE PARKING
24.12.1030 (7)
24.12.250(2)(b)
24.12.250(2)(b)
24.12.250(2)(a)
24.12.250(2)(a)
SEE PLANS
REQUIRED:
RESIDENTIAL: 59 SPACES (1 SPACE / UNIT)
59 CLASS-I SPACES (1 SPACE / UNIT)
14.75 = 15 CLASS-II SPACES (1 SPACE / 4 UNITS)
COMMERCIAL: 1 CLASS-I SPACE (20% OF 2 + 15% OF CAR SPACES) = 20% (2 + (15% OF 14)) = 20% (2.1 = 3)
= 0.6 = 1
3 CLASS-II SPACES (80% OF 2 + 15% OF CAR SPACES)
=80% (2 + (15% OF 14)) = 80% (2.1 = 3)
= 2.4 = 3
TOTAL: 60 CLASS-I SPACES
18 CLASS-II SPACES
PROVIDED: 82 CLASS-I SPACES
32 CLASS-II SPACES
SETBACKS REQUIRED
SCMC 24.10.750
(WAIVER #2 SOUGHT PER STATE DENSITY BONUS)
FRONT YARD: 0' CREEK MANAGEMENT AREA: 40'
REAR YARD: 0' CREEK DEVELOPMENT SETBACK: 15'
SIDE YARDS: 0' CREEK RIPARIAN SETBACK: 10'
ADJACENT RESIDENTIAL YARD, ADJACENT TO R15 ZONE: 15'
PARKING
SCMC 24.16.256
SCMC 24.12.240
CA AB 2097
SCMC 21.12.241
CGBSC 4.106.4.2
CBC 1109A.3
CBC 11B 208.2
CBC 11B-208.2.4 &
CBC 1109A.8.6
PARKING REQUIRED:
RESIDENTIAL: 30 SPACES (.5 SPACE PER UNIT)
COMMERCIAL: 14 SPACES (RETAIL, SHOP, SERVICE 1 PER 250 SF OF FLOOR AREA) TOTAL: 44 SPACES
AB 2097 PROHIBITS ANY MINIMUM AUTOMOBILE PARKING REQUIREMENT ON ANY
RESIDENTIAL, COMMERCIAL, OR OTHER DEVELOPMENT PROJECT, AS DEFINED, THAT IS LOCATED WITHIN 1/2 MILE OF PUBLIC TRANSIT, AS DEFINED. REDUCTION OF
ELECTRICAL VEHICLE CHARGING PARKING SPACES AND ACCESSIBLE PARKING SPACES IS PROHIBITED.
EV PARKING REQUIRED:
RESIDENTIAL: 4 SPACES (12% OF 30 SPACES)
COMMERCIAL: 1 SPACE (FOR 10-25 REQUIRED SPACES)
TOTAL: 5 SPACES
TOTAL: 5 SPACES (10% OF 44 SPACES)
ACCESSIBLE PARKING REQUIRED:
RESIDENTIAL: 1 SPACE (2% OF 30 SPACES)
COMMERCIAL: 1 SPACE (FOR 1-25 REQUIRED SPACES)
VAN SPACES: 2 SPACES (1 PER 6 COMMERCIAL SPACES, 1 PER 8 RESIDENTIAL) TOTAL: 2 VAN ACCESSIBLE SPACES
PERMITTED USE
MISSION STREET
URBAN DESIGN PLAN
REQUIRED:
NO GROUND FLOOR RESIDENTIAL USE, MOST APPROPRIATE USE FOR MISSION
STREET C-C DISTRICTS INCLUDES GOODS/SERVICES, VISITOR-SERVING SERVICE
DEPENDENT ON HIGHWAY VISIBILITY/FRONTAGE, COMPATIBLE W/ AN
ATTRACTIVE, PEDESTRIAN-FRIENDLY COMMERCIAL DISTRICT, NOT PRIMARILY AUTO-ORIENTED.
PROVIDED:
PROJECT COMPLIES (SEE SHEET AP2.01)
ADDITIONAL SITE CONDITIONS
USABLE OPEN SPACE
SCMC 24.12.1030 (1)
REQUIRED:
590 SF (10 SF / UNIT AND NO LESS THAN 200 SF COMMON OUTDOOR AND 200 SF COMMON INDOOR OPEN SPACE)
PROVIDED:
2,916 SF (SEE SHEET GP0.04 FOR OPEN SPACE EXHIBIT)
POINT SOURCE AIR/WATER POLLUTANTS: NO, NONE EXISTING AND NO PROPOSED POINT SOURCE
AIR/WATER POLLUTANTS
VERY HIGH FIRE SEVERITY ZONE: NO, PER CAL FIRE 2022 FIRE HAZARD SEVERITY ZONE MAP HISTORIC ARCHAEOLOGY SENSITIVITY: NO KNOWN HISTORIC AND/OR HISTORIC RESOURCES SENSITIVE HABITAT (WETLANDS): NO, PER U.S. FISH AND WILDLIFE NATIONAL WETLANDS SURVEY HAZARDOUS WASTE SITE: NO, PER DTSC HAZARDOUS WASTE SITE LIST
SPECIAL FLOOD HAZARD AREA SUBJECT TO
INUNDATION BY 100-YEAR FLOOD: NO, PER CITY G.I.S. AND FEMA FLOOD HAZARD AREA MAPS DELINEATED EARTHQUAKE FAULT ZONE: NO, PER USGS EARTHQUAKE FAULT ZONE MAP SPECIES OF CONCERN: NO, NO KNOWN SPECIES OF CONCERN ON SITE PER BIOTIC
REPORT (SEE ATTACHED)
RECORDED PUBLIC EASEMENTS: YES, SEE SITE SURVEY INCLUDED FOR ALL APPLICABLE PUBLIC EASMENTS.
COASTAL ZONE: NO, PER CITY G.I.S.
RESIDENT STORAGE
24.12.1030 (6)
REQUIRED:
RESIDENTIAL: 59 STORAGE SPACES (1 SPACE / UNIT)
PROVIDED:
RESIDENTIAL: 60 RESIDENTIAL STORAGE LOCKERS (SEE PLANS) (WAIVER #1 SOUGHT PER STATE DENSITY BONUS)
ALLOWABLE: 40' PROPOSED: 66'
ALLOWABLE: 3-STORIES PROPOSED: 5-STORIES
ALLOWABLE STAIRS - 12’
OVER LIMIT: ELEVATORS - 12’ RAILINGS - NO RESTRICTION
PROPOSED: SEE ELEVATIONS
TOTAL PARKING PROVIDED:
10 STANDARD SIZE EV PARKING SPACES
2 VAN ACCESSIBLE PARKING SPACES W/ EV CHARGING STATIONS SETBACKS PROVIDED FRONT YARD: 1'-9" (MISSION STREET)
REAR YARD: 5'-8" (ADJACENT TO RESIDENTIAL ZONE, WAIVER SOUGHT) SIDE YARDS: 9'-8" (ADJACENT TO CREEK) & 3'-9" (LAUREL STREET) CREEK MANAGEMENT AREA: SEE BIOTIC REPORT, WAIVER SOUGHT CREEK DEVELOPMENT SETBACK: SEE BIOTIC REPORT, WAIVER SOUGHT CREEK RIPARIAN SETBACK: SEE BIOTIC REPORT, WAIVER SOUGHT STREAM OR OTHER RESOURCE: NO, PER CITY G.I.S. AND CALIFORNIA FISH AND GAME STREAM MAP.
ANY APPROVALS UNDER THE SUBDIVISION
MAP ACT,INCLUDING, BUT NOT LIMITED TO,
A PARCEL MAP, A TENTATIVE MAP, OR A
CONDOMINIUM MAP, BEING REQUESTED: NO, NONE ARE BEING REQUESTED. 1 1
1 CONTEXT & MOBILITY
SUBJECT SITE
BUS STOP, TYP
18, 40, 41, & 42 LINES
367 FT. FROM SUBJECT SITE
BUS STOP, TYP
18, 40, 41, & 42 LINES
276 FT. FROM SUBJECT SITE
BUS STOP, TYP
18, 40, 41, & 42 LINES
0.2 MILE FROM SUBJECT SITE
BUS STOP, TYP
40, 41, & 42 LINES
0.1 MILE FROM SUBJECT SITE
BUS STOP, TYP
19, & 41 LINES
0.3 MILE FROM SUBJECT SITE
ASSESSORS MAP
SUBJECT
PROPERTIES
ZONING MAP
SUBJECT
PROPERTIES
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
NTS
10/19/2023 10:46:37 A
M
GP0.02
PROJECT INFO
21128
01.09.2023
DS
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
BUILDING GROSS AREA BY USE PROJECT UNIT COUNT
AVERAGE NET SF
LEVEL RESIDENTIAL CIRCULATION PARKING AMENITY SERVICE / MECH. COMMERCIAL TOTALS LEVEL 1 0 SF 433 SF 5,722 SF 522 SF 549 SF 2,627 SF 9,853 SF LEVEL 2 5,205 SF 1,923 SF 0 SF 1,767 SF 322 SF 0 SF 9,217 SF LEVEL 3 5,193 SF 1,847 SF 0 SF 838 SF 322 SF 0 SF 8,200 SF LEVEL 4 5,193 SF 1,848 SF 0 SF 838 SF 322 SF 0 SF 8,201 SF LEVEL 5 4,834 SF 1,739 SF 0 SF 871 SF 322 SF 0 SF 7,766 SF GRAND TOTALS 20,425 SF 7,790 SF 5,722 SF 4,836 SF 1,837 SF 2,627 SF 43,237 SF
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 NOTE:
REFER TO SHEET GP0.05
FOR DENSITY BONUS
EXHIBIT AND
CALCULATIONS
288 NSF
287 NSF
NET AREA
TOTAL 16,963 NSF
287.5 NSF
FLOOR
AREA
RESIDENTIAL
NONRESIDENTIAL TOTAL
33,384 GSF 9,853 GSF 43,237 GSF
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.50 16
12345
6789 10
11 12 13 14
16 17 18 19
21 22 23 24
26 27 28
12 3
2 1
11 9
10 12
15 20
25 4
6 5
7 8
14 15
19 17
20 21
27 24
25 22
23 26
28 18
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
NTS
10/19/2023 10:46:39 AM
GP0.03
EXISTING SITE
PHOTOS
21128
01.09.2023
DS
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.51 D W D W
D W D W
D W D W
SCMC 21.12.1030 (1)
CITY OF SANTA CRUZ SHARED OPEN SPACE
REQUIREMENTS
TOTAL UNIT COUNT: 59 UNITS
SHARED USABLE OPEN SPACE REQ'D: 590 GSF
(10 GSF / UNIT)
COMMON OUTDOOR OPEN SPACE PROVIDED:1,693 SF
COMMON INDOOR OPEN SPACE PROVIDED: 992 SF
A MINIMUM OF 200 SF OF COMMON OUTDOOR OPEN SPACE
AND 200 SF OF COMMON INDOR SPACE IS REQUIRED
USABLE OPEN SPACE PROVIDED
OPEN SPACE LEGEND
COMMON OUTDOOR OPEN SPACE
COMMON INDOOR OPEN SPACE
369 SF
COMMON INDOOR
OPEN SPACE
1,039 SF
COMMON OUTDOOR
OPEN SPACE
300 SF
COMMON INDOOR
OPEN SPACE
322 SF
COMMON INDOOR
OPEN SPACE
8' - 1"
325 SF
COMMON OUTDOOR
OPEN SPACE
328 SF
COMMON OUTDOOR
OPEN SPACE
12' - 3"
8' - 0"
12' - 5"
N
N
TRUE
NORTH
PROJECT
NORTH
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
As indicated
10/19/2023 10:46:46 A
M
GP0.04
OPEN SPACE EXHIBIT
21128
01.09.2023
DS
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
LEVEL
COMMON
OUTDOOR OPEN
SPACE
COMMON
INDOOR OPEN
SPACE TOTALS
LEVEL 1 0 SF 0 SF 232 SF
LEVEL 2 1,039 SF 369 SF 1,408 SF
LEVEL 3 0 SF 300 SF 300 SF
LEVEL 4 0 SF 322 SF 322 SF
LEVEL 5 654 SF 0 SF 654 SF
GRAND
TOTALS
1,693 SF 992 SF 2,916 SF
1" = 20'-0"
1 OPEN SPACE DIAGRAM - LEVEL 1
1" = 20'-0"
2 OPEN SPACE DIAGRAM - LEVEL 2
1" = 20'-0" 3
OPEN SPACE DIAGRAM - LEVEL 3
1" = 20'-0" 4
OPEN SPACE DIAGRAM - LEVEL 4
1" = 20'-0" 5
OPEN SPACE DIAGRAM - LEVEL 5
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.52 3,045 SF
COMMERCIAL
SPACE
TRASH
MEP
/ ELEC
727 SF
LOBBY
/ MAIL
STAIR 1
DRIVE AISLE
18' - 0" TYP 24' - 0"
T
YP
9' - 0"
53' - 11"
R.Y.S.B.
15' - 0"
LAUREL AVE
MISSION STREET
114' - 11"
8' - 0" 9' - 0"
77' - 6"
OFFICE
DEVELOPMENT SETBACK
15' - 0" CREEK
RIPARIAN SETBACK
10' - 0" CREEK
1 2
3 4
5 6
7 10 9 8
11 12
13 14
15 16
17 18 19
T
YP
14' - 0"
20' - 0" TYP
UNIT
UNIT
UNIT
UNIT
UNIT
UNIT
UNIT
UNITUNITUNIT
UNIT
UNIT
UNIT
UNIT
UNIT
UNIT
UNIT UNIT UNIT
BIKE / RESIDENT
STOR.
TRASH
349 SF
AMENITY /
LAUNDRY
STAIR 1
STAIR 2
119' - 7"
95' - 0"
R.Y.S.B.
15' - 0"
DEVELOPMENT SETBACK
15' - 0" CREEK
(OCCURS ON L2 ONLY)
DASH INDICATES
OPEN TO ABOVE
OVERHEAD
24' - 11"
42' - 3"
LAUREL AVE
MISSION STREET
1,160 SF
TERRACE /
OUTDOOR SPACE
UNIT
UNIT
20 21
NOTE:
UNITS 20 AND 21
OCCUR ON L2 ONLY
34' - 1"
RIPARIAN SETBACK
10' - 0" CREEK
11' - 0" R-2
11' - 0" R-2
15' - 11"
LAUREL AVE
ADJACENT
PROPERTY
MISSION STREET
11' - 0" R-2
11' - 0" R-2
15' - 11"
MISSION STREET
CREEK AND
CREEK SETBACK
LAUREL AVE
BASE DENSITY UNIT CALCULATIONS PER 24.16.255 (6):
FOR THE PURPOSES OF CALCULATING THE NUMBER OF DENSITY BONUS
UNITS IN AREAS WHERE A MAXIMUM DENSITY RANGE IS NOT PROVIDED
IN THE ZONE DISTRICT OR GENERAL PLAN, AN IMPLICIT RESIDENTIAL
DENSITY SHALL BE CALCULATED BASED ON A PROJECT PUT FORWARD BY
THE APPLICANT THAT MEETS ALL APPLICABLE DEVELOPMENT
STANDARDS. OBJECTIVE DEVELOPMENT STANDARDS SUCH AS SETBACKS,
FLOOR AREA RATIO, AND HEIGHT LIMITATIONS, WHILE NOT DEFINING
THE MAXIMUM DENSITY RANGE PER SE, CAN BE UTILIZED TO DETERMINE THE IMPLICIT RESIDENTIAL DENSITY ALLOWED. IN THIS APPROACH, A
PROJECT DEFINES THE APPLICABLE RESIDENTIAL DENSITY FOR ITSELF BASED ON MEETING APPLICABLE DEVELOPMENT STANDARDS. THE
AVERAGE SIZE OF THE UNITS PRESENTED IN THE BASE DENSITY PROJECT
MUST BE EQUAL TO OR GREATER THAN THE AVERAGE SIZE OF THE UNITS PRESENTED IN THE DENSITY BONUS PROJECT.
DENSITY BONUS UNIT CALCULATIONS
BASE DENSITY UNITS MODELED PER OBJECTIVE STANDARDS:
21 UNITS ON LEVEL 2
+ 19 UNITS ON LEVEL 3
= 40 BASE DENSITY UNITS
BONUS DENSITY UNITS CALCULATED:
40 BASE DENSITY UNITS
x 50% BONUS DENSITY = 20 BONUS DENSITY UNITS
PER AB2345 (ENHANCED DENSITY BONUS)
TOTAL ALLOWED UNITS:
40 BASE DENSITY UNITS
+ 20 DENSITY BONUS UNITS = 60 ALLOWED UNITS
SEE AP SHEETS FOR PROPOSED BUILDING
COMMON INDOOR AMENITY SPACE PROVIDED (BASE DENSITY): 349 GSF RESIDENT STORAGE SPACES PROVIDED (BASE DENSITY): 40 SPACES BICYCLE PARKING SPACES PROVIDED (BASE DENSITY): 40 SPACES COMMON OUTDOOR SPACE PROVIDED (BASE DENSITY): 1,801 GSF Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
As indicated
10/19/2023 10:46:55 A
M
GP0.05
BONUS DENSITY
EXHIBIT
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/16" = 1'-0"
1 BASE DENSITY - LEVEL 1
1/16" = 1'-0"
2 BASE DENSITY - LEVEL 2 & LEVEL 3
3 BASE DENSITY - 3D VIEW 1
4 BASE DENSITY - 3D VIEW 2
DIAGRAMS ILLUSTRATED ON THIS SHEET ARE FOR BASE DENSITY CALCULATIONS ONLY, SEE AP SHEETS FOR PROPOSED DESIGN Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.53 LAUREL AVE.
MISSION ST.
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
NTS
10/19/2023 10:46:57 A
M
GP0.07
RENDERINGS AND 3D
EXHIBITS
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
A: CORNER VIEW AT INTERSECTION OF MISSION ST. AND LAUREL AVE. B: MISSION STREET ELEVATION VIEW C: MISSION STREET CORNER VIEW FROM CREEK SIDE
A
B
C
Issue DESCRIPTION DATE
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.54 ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
APPROX HEIGHT: 22'
STORIES: 2
APPROX HEIGHT: 13'
STORIES: 1
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
APPROX HEIGHT: 15'
STORIES: 1
ADJ. PROPERTY:
1220 LAUREL ST.
PARCEL #: 006-203-21
ZONING: R-1-5
APPROX HEIGHT: 21'
STORIES: 2
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 13'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
APPROX HEIGHT: 15'
STORIES: 1
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
NTS
10/19/2023 10:48:13 A
M
GP0.08
SHADOW STUDY
21128
01.09.2023
MB
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1 SOLAR STUDY - JUNE 21 - 9AM 2SOLAR STUDY - JUNE 21 - 12PM 3SOLAR STUDY - JUNE 21 - 3PM 4 SOLAR STUDY - DEC 21 - 9AM 5SOLAR STUDY - DEC 21 - 12PM 6SOLAR STUDY - DEC 21 - 3PM Issue DESCRIPTION DATE
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.55 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
10/19/2023 10:48:14 AM
LS.10
LAND SURVEY (FOR
REFERENCE ONLY)
21128
01.09.2023
DS
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
NOTES:
• SURVEY INCLUDED FOR INFORMATIONAL
PURPOSES ONLY.
• SURVEY IS NOT TO SCALE
AS INDICATED
Issue DESCRIPTION DATE
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.56 X X X X X X X X X X X X X X X X X X X X X X X V V V V V V V V V V V V V V V X X X X X X X X X X X X © © 29.57
X X X X X X X X X X X X X X X X X X X X X X X V V V V V V V V V V V V V V V X X X X X X XX X X X X 7 8 AHGFEDC 1 2 3 4 5 6 B © © 29.58
X X X X X X X X X X X X X X X X X X X X X X X V V V V V V V V V V V V V V V X X X X X X XX X X X X 7 8 AHGFEDC 1 2 3 4 5 6 B © © 29.59
X X X X X X X X X X X X X X X X X X X X X X X V V V V V V V V V V V V V V V X X X X X X X X X X X X 7 8 AHGFEDC 1 2 3 4 5 6 B © © 29.60
©
© 29.61
X X X X X X X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
V
X
V
V
V
V
V
V
V
V
V
V
X
X
X X X
X
X X
X X X X
©
©
29.62 SL
TS
TS
PG&E
PG&E
PG&E
8"
8"
6"
6"
8"
8"
WM
WM
-1.5'
S
S
UV
UV
UV
UV
UV
MW
MW
MW
UV
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT
INFORMATION
2. REFERENCE LAND SURVEY FOR SITE ELEVATIONS, SLOPES AND EXISTING SITE CONDITIONS.
3. ADJACENT BUILDING HEIGHTS ARE SHOWN APPROXIMATELY BASED ON SURVEY INFORMATION AND GOOGLE EARTH MEASUREMENTS.
DEMO SITE PLAN NOTES
SUBJECT PROPERTY:
1130 MISSION ST.
PARCEL #: 006-203-25
ZONING: CC
SUBJECT PROPERTY:
1130 MISSION ST.
PARCEL #: 006-203-24
ZONING: CC
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
UTILITY EASEMENT
15' - 0"
(E) SINGLE-STORY
COMMERCIAL BUILDING
TO BE DEMOLISHED
(E) SINGLE-STORY
COMMERCIAL BUILDING
TO BE DEMOLISHED
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 22'
RESIDENCE
APPROXIMATE
BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE
BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
PROPERTY LINE
PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE PROPERTY LINE
PROPERTY LINE
LAUREL CREEK 4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT
SETBACK
15' - 0" CREEK
(E) TREE TO BE
REMOVED
(E) LANDSCAPING AND
PARKING TO BE
REMOVED
RIPARIAN
CORR.
10' - 0" CREEK
EASEMENT
EASEMENT
EASEMENT
LAUREL AVE.
MISSION STREET
(E) TREES TO BE REMOVED
EXISTING TRAFFIC SIGNALS
EXISTING STREET LIGHT
EXISTING SIGNAGE TO BE
SALVAGED AND REPURPOSED;
SEE AP9.01
40' - 0" CREEK MANAGEMENT AREA
AP9.01
2 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
N
N
TRUE
NORTH
PROJECT
NORTH
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
As indicated
10/19/2023 10:44:19 AM
AP0.50D
PROPOSED DEMO
SITE PLAN
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1" = 10'-0" 1
EXISTING SITE PLAN_DEMO
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
29.63 L
L
L
L
L
L
L
L
L
L
L
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT
INFORMATION
2. ADJACENT BUILDING HEIGHTS ARE APPROXIMATE AND ARE TAKEN FROM ADJACENT GRADE ELEVATIONS.
3. REFERENCE LAND SURVEY FOR SITE ELEVATIONS, SLOPES AND EXISTING SITE CONDITIONS.
SITE PLAN NOTES
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
ADJ. PROPERTY:
1216 LAUREL ST.
PARCEL #: 006-203-22
ZONING: R-1-5
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 22'
RESIDENCE
APPROXIMATE
BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE
BUILDING
HEIGHT: 13'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
RESIDENCE
APPROXIMATE BUILDING
HEIGHT: 15'
COMMERCIAL
ENTRY
RESIDENTIAL
ENTRY
VEHICLE ENTRY
(PARKING & LOADING)
L
A
U
R
E
L
A
V
E
.
MISSION STREET
109' - 0" OVERALL
REA
R
YA
RDS
E
TBAC
K
1 5' -
0 "
6' - 3"
9' - 2" 10' - 4"
SUBJECT PROPERTY:
1130 MISSION ST.
PARCEL #: 006-203-25
ZONING: CC
SUBJECT PROPERTY:
1130 MISSION ST.
PARCEL #: 006-203-24
ZONING: CCRIPARIAN CORR. 10' - 0" CREEK
EASEMENT
EASEMENT
EASEMENT
123456
EVSE EVSE EVSE EVSE EVSE EVSE
EVSE
89 10
7 40' - 0" CREEK MANAGEMENT AREA
AP9.01 2
DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
1 1
N
N
TRUE
NORTH
PROJECT
NORTH
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:55:48 AM
AP0.51
PROPOSED SITE
PLAN
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1" = 10'-0"
2 PROPOSED SITE PLAN
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.64 UP
UP
L
L
L
L
L
L
L
L
L
L
L
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
AM
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 N
N
TRUE
NORTH
PROJECT
NORTH
7 8
AH
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
2,431 SF
COMMERCIAL
SPACE
TRASH / RECYCLE /
COMPOST
GFEDC
12 3
4 5
6 ELEV
PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
3' - 0" 3' - 0" 3' - 0" 3' - 0" 3' - 0" 3' - 0" 3' - 0" 3' - 0" 9' - 0" 3' - 0"
4 5
3 3
4 7
4 6
6 6
PARKING
123456
EVSE EVSE EVSE EVSE EVSE EVSE
ACCESSIBLE
EVSE
8 STAIR 1
12 12
12 DRIVE AISLE
18' - 0" TYP 24' - 0" TYP
9' - 0" TYP
9' - 0" TYP
18' - 0" TYP
8' - 0" TYP
LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
RE
ARY
A
RD
SE
TBA
CK
15' -
0 "
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" B
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
2 AP4.01
1 AP4.01
1 AP4.02
STAIR 2
89 10
3 ELEC
MEP / SERVICE
EXTERIOR LOBBY /
MAIL
7 RIPARIAN CORR. 10' - 0" CREEK
EASEMENT
EASEMENT
EASEMENT
LOADING / TURNAROUND
L
A
U
R
E
L
A
V
E
.
6 MISSION STREET
MOTORCYCLE PARKING
8' - 3" 88' - 3" 3' - 5" 5' - 0"
5' - 5" 98' - 0" 6' - 3" 7' - 0" 12' - 4" 76' - 3" 13' - 3" 14' - 3" 10' - 5"4' - 8" 4' - 5" 9' - 2"
3' - 0" 3' - 0" 3' - 0"
7' - 2"
36' - 6"
20' - 7"
40' - 0" CREEK MANAGEMENT AREA
55'
-
6"
PROPERTY
LI
N
E
27' -
0"
PRO
PE
RT
YLIN
E
2 9
'
-
5 "
P
ROP
E
RTY
LI
N
E
130' - 0" PROPERTY LINE
1 1
0' -
0 "
P
R
O
P
E
R
TY
LIN
E
104' - 11" PROPERTY LINE
ACCESSIBLE
AP9.01 1
AP9.01 2
2 TEMPORARY
TRASH STAGING
AREA FOR PICK-UP
7' - 0"
7' - 0"
1 1
7' - 0"
1 1
1 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
1 2
ACCESS CONTROLLED /
KEY FOB DOOR FOR
SECURE BICYCLE
STORAGE FOR
COMMERCIAL USE ONLY
2 2 CLASS-I BICYCLE SPACES
8 CLASS-II BICYCLE SPACES
16 CLASS-II BICYCLE SPACES
8 CLASS-II BICYCLE SPACES
2' - 6" 2' - 6"
2' - 6" 2' - 6"
3 CLASS-II SPACES PROVIDED
FOR COMMERCIAL USE
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/26/2023 5:26:55 PM
AP1.01
PROPOSED FLOOR
PLAN - LEVEL 1
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 1/8" = 1'-0"
1 FIRST FLOOR PLAN
FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING 4
PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER 6
DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
2 PLANNING REV-02 Date 4
29.65 D
W
DN
D
W
UP
Y
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
AM
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 N
N
TRUE
NORTH
PROJECT
NORTH
7 8
AH
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
309 SF
AMENITY
TRASH BIKE STOR.
GFEDC
12 3
45 6
AP3.03 1
2 3
ELEV
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A UNIT A UNIT A UNIT AUNIT A
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
STAIR 1
PODIUM TERRACE 6
6 10
2 LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
REA
R
YARD
SETB
ACK
15' -
0"
76 7
LAUNDRY 12345
6 10
9 8
7 11
12 13
14 15
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" B
16 16
16 M
A
A2
AP4.01
1 AP4.01
1 AP4.02
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
STAIR 2
EASEMENT
EASEMENT
EASEMENT
PODIUM
TERRACE
20 CLASS-I BICYCLE SPACES
155 SF
MEP / SERVICE
OPEN TO BELOW
RIPARIAN CORR. 10' - 0" CREEK
15' - 0" 24' - 1" 1' - 5"
7' - 5"
22' - 0"
9' - 8" 113' - 5" 6' - 11"
71' - 6" 5' - 0" 26' - 1" 7' - 2"
6' - 3"
71' - 8" 9' - 4"
26' - 1" 4' - 7"
0' - 2"
1' - 1"
40' - 0" CREEK MANAGEMENT AREA
55'
-
6"
PRO
PERTY
LI
N
E
27' -
0"P
R
OPER
TYLIN
E
29 '
-
5 "
P
RO
P
E
RTY
L
I
N
E
130' - 0" PROPERTY LINE
1 1
0' -
0 "
P
R
O
P
E
R
TY
LIN
E
104' - 11" PROPERTY LINE
AP9.01 2
5' - 2"
1 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
111
ACCESS CONTROLLED / KEY FOB
DOOR FOR SECURE BICYCLE STORAGE
FOR RESIDENTIAL USE ONLY
2 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:44:28 AM
AP1.02
PROPOSED FLOOR
PLAN - LEVEL 2
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 1/8" = 1'-0"
1 SECOND FLOOR PLAN
FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING 4
PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER 6
DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
2 PLANNING REV-02 Date 4
29.66 D W D W
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
A
M
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 N
N
TRUE
NORTH
PROJECT
NORTH
7 8
A
H
AP3.02
1 AP3.02 2
1 AP3.01
AP3.01
2 G
F
E
D
C
1 2 3 4 5 6
AP3.03
1 2 3
B
2 AP4.01
1 AP4.01
1 AP4.02
338 SF
AMENITY
ELEV
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
TRASH
OPEN TO BELOW
STAIR 1
STAIR 2
10 2
11 PROPERTY LINE
PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE PROPERTY LINE
PROPERTY LINE
LAUREL CREEK 4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT
SETBACK
15' - 0" CREEK
REAR YARD SETBACK
15' - 0"
1 2
3 4
5 6
10 9 8 7
11 12
13 14
15 16
16 16
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" A
A
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
RIPARIAN
CORR.
10' - 0" CREEK
EASEMENT
EASEMENT
EASEMENT
UNIT A UNIT A UNIT A UNIT A UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
16 115 SF
LAUNDRY
93 SF
OFFICE
155 SF
MEP /
SERVICE
BIKE STOR.
7 6
7 20 CLASS-I BICYCLE SPACES
6' - 3"
0' - 2"
71' - 8" 5' - 0" 26' - 1" 7' - 2"
6' - 11" 113' - 3" 9' - 10"
15' - 0" 24' - 1" 1' - 5"
22' - 0"
9' - 4" 71' - 8" 8' - 5"
4' - 7" 26' - 1"
40' - 0" CREEK MANAGEMENT AREA
55' - 6" PROPERTY LINE
27' - 0" PROPERTY LINE
29' - 5" PROPERTY LINE
130' - 0" PROPERTY LINE
110' - 0" PROPERTY LINE
104' - 11" PROPERTY LINE
5' - 2"
1 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
1 ACCESS CONTROLLED / KEY FOB
DOOR FOR SECURE BICYCLE STORAGE
FOR RESIDENTIAL USE ONLY 2
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
As indicated
10/19/2023 10:44:32 AM
AP1.03
PROPOSED FLOOR
PLAN - LEVEL 3
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING
4 PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER
6 DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
1/8" = 1'-0" 1
PROPOSED FLOOR PLAN - LEVEL 3
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
2 PLANNING REV-02 Date 4
29.67 D
WDW
1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
AM
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 N
N
TRUE
NORTH
PROJECT
NORTH
7 8
AH
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
GFEDC
12 3
45 6
AP3.03 1
2 3
325 SF
AMENITY
ELEV
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
TRASH
OPEN TO BELOW
STAIR 1
STAIR 2
10 2
11 PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
REA
RYA
RD
S
ETBA
CK
15' -
0"
12345
6 10
9 8
7 11
12 13
14 15
B
16 16
16 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" A
A
2 AP4.01
1 AP4.01
1 AP4.02
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
EASEMENT
EASEMENT
EASEMENT
UNIT A UNIT A UNIT A UNIT A UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
16 115 SF
LAUNDRY
107 SF
RESIDENT STOR.
155 SF
MEP /
SERVICE
BIKE STOR.
76 7
20 CLASS-I BICYCLE SPACES
RIPARIAN CORR. 10' - 0" CREEK
0' - 2"
71' - 8" 5' - 0" 26' - 1" 7' - 2"
6' - 11" 113' - 3" 9' - 10"
22' - 0"
9' - 4" 71' - 8" 8' - 5"
1' - 5"
15' - 0" 24' - 1"
4' - 7" 26' - 1"
2' - 6"
3' - 6"
7' - 2"
6' -3
"
40' - 0" CREEK MANAGEMENT AREA
55'
-
6"
PRO
PERTY
LI
N
E
27' -
0"P
R
OPER
TYLIN
E
29 '
-
5 "
P
RO
P
E
RTY
L
I
N
E
130' - 0" PROPERTY LINE
1 1
0' -
0 "
P
R
O
P
E
R
TY
LIN
E
104' - 11" PROPERTY LINE
5' - 2"
1 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
1 ACCESS CONTROLLED / KEY FOB
DOOR FOR SECURE BICYCLE STORAGE
FOR RESIDENTIAL USE ONLY
2 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:44:36 AM
AP1.04
PROPOSED FLOOR
PLAN - LEVEL 4
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 1/8" = 1'-0"
1 PROPOSED FLOOR PLAN - LEVEL 4
FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING 4
PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER 6
DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
2 PLANNING REV-02 Date 4
29.68 1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
AM
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 N
N
TRUE
NORTH
PROJECT
NORTH
7 8
AH
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
GFEDC
12 3
45 6
AP3.03 1
2 3
UNIT B UNIT B UNIT B UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
TRASH
OPEN TO BELOW
STAIR 1
STAIR 2
ELEV
ROOF TERRACE
ROOF
TERRACE 9
9 2
PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
REA
RYA
RD
S
ETBA
CK
15' -
0"
12345
6 9
8 7
10 11
12 13
14 B
16 16
16 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" A A 2 AP4.01
1 AP4.01
1 AP4.02
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
MEP / SERVICEEASEMENT
EASEMENT
EASEMENT
15 16
BIKE STOR.
76 7
20 CLASS-I BICYCLE SPACES
RIPARIAN CORR. 10' - 0" CREEK
12' - 6" 57' - 4" 5' - 0"
1' - 11"
22' - 2"
2' - 0"
7' - 2"
2' - 1"
1' -10
"
8' - 5" 71' - 8" 9' - 4"
15' - 0" 24' - 1"
22' - 0"
6' - 11"
2' - 0"
112' - 3" 8' - 10"
4' - 7" 2' - 0" 24' - 1"
3' - 6"
2' - 6"
40' - 0" CREEK MANAGEMENT AREA
55'
-
6"
PRO
PERTY
LI
N
E
27' -
0"P
R
OPER
TYLIN
E
29 '
-
5 "
P
RO
P
E
RTY
L
I
N
E
130' - 0" PROPERTY LINE
1 1
0' -
0 "
P
R
O
P
E
R
TY
LIN
E
104' - 11" PROPERTY LINE
5' - 2"
1 DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
ACCESS CONTROLLED / KEY FOB
DOOR FOR SECURE BICYCLE STORAGE
FOR RESIDENTIAL USE ONLY
2 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:44:39 AM
AP1.05
PROPOSED FLOOR
PLAN - LEVEL 5
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 1/8" = 1'-0"
1 PROPOSED FLOOR PLAN - LEVEL 5
FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING 4
PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER 6
DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
2 PLANNING REV-02 Date 4
29.69 1. SEE SHEET GP0.01-GP0.05 FOR GENERAL NOTES AND PROJECT INFORMATION.
2. ALL UNITS SHALL BE ADAPTABLE PER CBC CH 11A WITH BATHROOMS PER OPTION 2 -U.O.N
3. SEE CIVIL DRAWINGS FOR ALL SITE ELEVATIONS, SLOPE AND CURB INFORMATION.
4. SEE LANDSCAPE DRAWINGS FOR PLANTING AND STREET TREE INFORMATION.
FLOOR PLAN NOTES
UNIT MIX
FLOOR PLAN KEYED NOTES
AFFORDABLE UNIT MIX:
8 VERY LOW INCOME
50 MARKET RATE
1 MANAGER UNIT
AM
PLAN SYMBOL DESIGNATION:
RESIDENT AMENITIES
TOTAL RESIDENTIAL STORAGE SPACES PROVIDED: 60 SPACES
0 - SINGLE STORAGE LOCKERS 0 SPACES
0 - DOUBLE STORAGE LOCKERS 0 SPACES
20 - TRIPLE STORAGE LOCKERS 60 SPACES
TOTAL RESIDENTIAL WASHER/DRYERS PROVIDED: 6 WASHERS, 6 DRYERS 1 WASHER / DRYER REQUIRED PER 20 UNITS: 3 WASHERS, 3 DRYERS TOTAL COMMON INDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON INDOOR SPACE TOTAL COMMON OUTDOOR SPACE PROVIDED: SEE GP0.04 FOR TOTAL COMMON OUTDOOR SPACE TOTAL
AVERAGE NET SF
278 NSF
NET AREA
279 NSF
16,403 NSF
277 NSF
1 7
8 AH
AP3.02 1
AP3.02
2 1 AP3.01
AP3.01 2
GFEDC
12 3
45 6
AP3.03 1
2 3
63' - 0"
63' - 0" 63' - 0"
63' - 0"
63' - 0" 63' - 0"
61' - 0"
66' - 0"
71' - 0"
71' - 0"
66' - 0"
63' - 0" 63' - 0"
61' - 0"
63' - 0" 63' - 0"
63' - 0"
63' - 0"
63' - 0" 63' - 0"
63' - 0" 63' - 0"
PROPERTY
LINE
PROPERTY LINE PROPERTY LINE
P
R
O
P
E
RTY
L
I
N
E
P
R
O
P
E
RTY
L
I
N
E
PROPERTY LINE PROPERTY LINE
PROPERTY
LI
N
E
LAUREL
CREEK
4 CENTERLINE
LAUREL CREEK 4 CENTERLINE
DEVELOPMENT SETBACK 15' - 0" CREEK
15 13
13 13
13 14
14 15
61' - 0"
61' - 0"
B
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" 2 AP4.01
1 AP4.01
1 AP4.02
ADJ. PROPERTY:
1212 LAUREL ST.
PARCEL #: 006-203-12
ZONING: R-1-5
ADJ. PROPERTY:
1112 MISSION ST.
PARCEL #: 006-203-23
ZONING: PA & OF
RIPARIAN CORR. 10' - 0" CREEK
EASEMENT
EASEMENT
EASEMENT
OPEN TO BELOW
20' - 11"
16' - 11"
8' - 5" 71' - 8"
20' - 11"
11' - 7"
6' - 11" 14' - 4" 57' - 4" 14' - 4" 28' - 6" 8' - 7"
14' - 4" 57' - 4" 5' - 0" 26' - 1" 7' - 2"
0' - 2"
15' -0"
24' -1
"
1' - 5"
LOW SLOPE ROOF TBD
MIN 2% SLOPE
LOW SLOPE ROOF TBD
MIN 2% SLOPE
LOW SLOPE ROOF TBD
MIN 2% SLOPE
17 17
17 17
17 17
40' - 0" CREEK MANAGEMENT AREA
55'
-
6"
PRO
PERTY
LI
N
E
27' -
0"P
R
OPER
TYLIN
E
29 '
-
5 "
P
RO
P
E
RTY
L
I
N
E
130' - 0" PROPERTY LINE
1 1
0' -
0 "
P
R
O
P
E
R
TY
LIN
E
104' - 11" PROPERTY LINE
REAR
YARDS
ETB
ACK
15' -
0"
AP9.01 2
17 171
DASH INDICATES
DEVELOPMENT
SETBACK BELOW
DASH INDICATES
RIPARIAN CORR.
SETBACK BELOW
N
N
TRUE
NORTH
PROJECT
NORTH
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:44:41 AM
AP1.06
PROPOSED ROOF
PLAN
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
UNIT TYPE COUNT
UNIT A 30
UNIT B 29
59 1/8" = 1'-0"
1 PROPOSED ROOF PLAN
FLOOR PLAN KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 CLASS I BICYCLE PARKING
3 CLASS II BICYCLE PARKING 4
PROPOSED NEW PATTERNED METAL FENCE / GATE / SCREEN
OR SIM.
5 ABOVE GRADE BUILT-IN PLANTER 6
DASH INDICATES FOOTPRINT OF BUILDING / CANOPY
OVERHEAD
7 SLIDING VEHICLE ENTRY GATE
8 MAILBOXES
9 PLANTER / PLANTER BENCH
10 WASHER / DRYER MACHINES PER SRO REQUIREMENTS, 1 PER
20 UNITS
11 RESIDENT STORAGE LOCKERS PER SRO REQUIREMENTS
12 STRUCTURAL COLUMN / ELEMENT
13 SOLAR PHOTOVOLTAIC PANELS
14 MECHANICAL EQUIPMENT AND ROOF SCREEN, LOCATION
INDICATED CONCEPTUALLY
15 HATCH INDICATES EXTENT OF VEGETATED ROOF, TRAY SYSTEM OR SIM.
16 EXTERIOR CORRIDOR
17 DOWNSPOUTS DRAIN TO STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.70 1. PROPERTY LINES ARE SHOWN RELATIVE TO THE ELEVATION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE ELEVATION VIEW, REFER TO LAND SURVEY FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
ELEVATIONS GENERAL NOTES
ELEVATION KEYED NOTES
MATERIALS LEGEND
8 123
11 15
27 13496
14 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
HA
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
GFEDC
11' - 0" 11' - 0" 11' - 0" 17' - 0" 11' - 0"
OVERRUN
2' - 0" TYP
10' - 0" ELEV
66' - 0" OVERALL BUILDING HEIGHT
LAUREL AVE.
2 14
564 15
89 10
11 12
15 16
76 13
17 17
4 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" B
PROPERTY LINE
SUBJECT PROPERTY ADJACENT PROPERTY
PROPERTY LINE
LAUREL AVE. SUBJECT PROPERTY
CREEK AND CREEK SETBACK, REF PLANS 18' - 0" APPROX. HEIGHT LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
87 LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
654321
17' - 0" 11' - 0" 11' - 0" 11' - 0" 11' - 0"
10' - 0" ELEV
OVERRUN
2' - 0" TYP
66' - 0" OVERALL BUILDING HEIGHT
MISSION STREET
2 15
164
11 14 10
11 13
657
7 18
19 26' - 1" 5' - 0" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4"
PROPERTY LINE
SUBJECT PROPERTY ADJACENT PROPERTY
PROPERTY LINE
MISSION ST. SUBJECT PROPERTY
18' - 9" APPROX. HEIGHT
1 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:45:19 AM
AP3.01
PROPOSED
ELEVATIONS
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/8" = 1'-0"
1 BUILDING ELEVATION - EAST
1/8" = 1'-0"
2 BUILDING ELEVATION - NORTH
ELEVATION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 TEXTURED CONCRETE, BOARD FORMED OR SIM.
3 METAL PANEL, CORTEN FINISH OR SIM.
4 GLAZED ALUMINUM WINDOW SYSTEM OR SIM.
5 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE OR SIM.
6 RAINSCREEN CLAD STRUCTURAL MEMBERS
7 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
8 WHITE FIBER CEMENT PANEL OR STUCCO OR SIM.
9 ALUMINUM OR VINYL WINDOW
10 METAL GUARDRAIL OR HANDRAIL
11 TEXTURED FIBER CEMENT PANE OR SIM.
12 GREY FIBER CEMENT PANEL OR STUCCO OR SIM.
13 METAL SUNSHADE
14 TEXTURED CONCRETE LOOK FIBER CEMENT PANEL OR SIM.
15 WARM BRONZE TONED METAL PANEL OR SIM.
16 DARK BRONZE METAL PANEL / SPANDREL PANEL OR SIM.
17 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
18 EXTERIOR WALKWAY AND SUPPORT STRUCTURE
19 STRUCTURAL COLUMN, CONCRETE FINISH OR SIM.
20 PAINTED MURAL ON BUILDING FINISH, FINAL ARTWORK /
ARTIST TBD
21 DOWNSPOUTS ROUTE TO FLOW-THROUGH PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.71 1. PROPERTY LINES ARE SHOWN RELATIVE TO THE ELEVATION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE ELEVATION VIEW, REFER TO LAND SURVEY FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
ELEVATIONS GENERAL NOTES
ELEVATION KEYED NOTES
MATERIALS LEGEND
8 123
11 15
27 13496
14 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
78 LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
123456
MISSION STREET
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
2' - 0" TYP
OVERRUN
10' - 0" ELEV
66' - 0" OVERALL BUILDING HEIGHT
11 10
15 13 12 14
11 1089
19 72456
208
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1"
PROPERTY LINE
ADJACENT PROPERTY SUBJECT PROPERTY
PROPERTY LINE
SUBJECT PROPERTY MISSION ST.
17 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
AH
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
CDEFG
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
2' - 0" TYP
66' - 0" OVERALL BUILDING HEIGHT
OVERRUN
10' - 0" ELEV
LAUREL AVE.
8 11
10 197
14 12 13
9 154
16 9
18' - 10" APPROX HEIGHT
21' - 2" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" B 20 PROPERTY LINE
ADJACENT PROPERTY SUBJECT PROPERTY
PROPERTY LINE
SUBJECT PROPERTY LAUREL AVE
21 21
21 1
1 1
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:45:56 AM
AP3.02
PROPOSED
ELEVATIONS
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/8" = 1'-0"
1 BUILDING ELEVATION - SOUTH
1/8" = 1'-0"
2 BUILDING ELEVATION - WEST
ELEVATION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 TEXTURED CONCRETE, BOARD FORMED OR SIM.
3 METAL PANEL, CORTEN FINISH OR SIM.
4 GLAZED ALUMINUM WINDOW SYSTEM OR SIM.
5 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE OR SIM.
6 RAINSCREEN CLAD STRUCTURAL MEMBERS
7 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
8 WHITE FIBER CEMENT PANEL OR STUCCO OR SIM.
9 ALUMINUM OR VINYL WINDOW
10 METAL GUARDRAIL OR HANDRAIL
11 TEXTURED FIBER CEMENT PANE OR SIM.
12 GREY FIBER CEMENT PANEL OR STUCCO OR SIM.
13 METAL SUNSHADE
14 TEXTURED CONCRETE LOOK FIBER CEMENT PANEL OR SIM.
15 WARM BRONZE TONED METAL PANEL OR SIM.
16 DARK BRONZE METAL PANEL / SPANDREL PANEL OR SIM.
17 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
18 EXTERIOR WALKWAY AND SUPPORT STRUCTURE
19 STRUCTURAL COLUMN, CONCRETE FINISH OR SIM.
20 PAINTED MURAL ON BUILDING FINISH, FINAL ARTWORK /
ARTIST TBD
21 DOWNSPOUTS ROUTE TO FLOW-THROUGH PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.72 LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
7 LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
654
11' - 0" 11' - 0" 11' - 0" 11' - 0"
2' - 0" TYP
10 18 147
5' - 0" 14' - 4" 14' - 4"
LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
A
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
EDC
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
2' - 0" TYP
63' - 0"
8 10 18
1972
14' - 4" 14' - 4" 14' - 4" 21' - 2" B
PARKING AREA BEYOND
PROPERTY LINE
SUBJECT PROPERTY ADJACENT PROPERTY
LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
A
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
CDE
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
OVERRUN
2' - 0" TYP
10' - 0" ELEV
66' - 0" OVERALL BUILDING HEIGHT
14 18 108
15 104
16675
18 21' - 2" 14' - 4" 14' - 4" 14' - 4" B
PARKING AREA BEYOND
ADJACENT CREEK 7
PROPERTY LINE
ADJACENT PROPERTY SUBJECT PROPERTY
21 21 21
1 1
1 1. PROPERTY LINES ARE SHOWN RELATIVE TO THE ELEVATION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE ELEVATION VIEW, REFER TO LAND SURVEY FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
ELEVATIONS GENERAL NOTES
ELEVATION KEYED NOTES
MATERIALS LEGEND
8 123
11 15
27 13496
14 Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:46:14 AM
AP3.03
PROPOSED
ELEVATIONS
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/8" = 1'-0"
1 COURTYARD ELEVATION - NORTH
1/8" = 1'-0"
2 COURTYARD ELEVATION - EAST
1/8" = 1'-0"
3 COURTYARD ELEVATION - WEST
ELEVATION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 TEXTURED CONCRETE, BOARD FORMED OR SIM.
3 METAL PANEL, CORTEN FINISH OR SIM.
4 GLAZED ALUMINUM WINDOW SYSTEM OR SIM.
5 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE OR SIM.
6 RAINSCREEN CLAD STRUCTURAL MEMBERS
7 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
8 WHITE FIBER CEMENT PANEL OR STUCCO OR SIM.
9 ALUMINUM OR VINYL WINDOW
10 METAL GUARDRAIL OR HANDRAIL
11 TEXTURED FIBER CEMENT PANE OR SIM.
12 GREY FIBER CEMENT PANEL OR STUCCO OR SIM.
13 METAL SUNSHADE
14 TEXTURED CONCRETE LOOK FIBER CEMENT PANEL OR SIM.
15 WARM BRONZE TONED METAL PANEL OR SIM.
16 DARK BRONZE METAL PANEL / SPANDREL PANEL OR SIM.
17 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
18 EXTERIOR WALKWAY AND SUPPORT STRUCTURE
19 STRUCTURAL COLUMN, CONCRETE FINISH OR SIM.
20 PAINTED MURAL ON BUILDING FINISH, FINAL ARTWORK /
ARTIST TBD
21 DOWNSPOUTS ROUTE TO FLOW-THROUGH PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.73 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
7 8
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
1 2 3 4 5 6
COMMERCIAL
PARKING
RESIDENTIAL - 1
PARKING
COMMERCIAL
SPACE
UNIT A
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
12 2
12 2
12 2
11 3
5' - 0" ELEV
OVERRUN 3' - 0"
2' - 0"
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
PROPOSED BUILDING HEIGHT
61' - 0"
PODIUM TERRACE
EXISTING ADJ. PROPERTY:
1212 LAUREL ST.
P
L
MISSION STREET
SUBJECT
PROPERTY
P
L
ADJACENT
PROPERTY
SUBJECT
PROPERTY
APPROX. HEIGHT
APPROX. HEIGHT
18' - 10"
23' - 6"
14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 5' - 0" 26' - 1"
MISSION
STREET
UNIT A
UNIT A
2 3
2 4 5
6 3
8 7
APPROX HEIGHT
20' - 0"
EXISTING ADJ. PROPERTY:
1129 MISSION ST.
VARIES, SEE PLANS
11' - 0" R.O.W.
LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
H A
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
G F E D C B
SCREEN
3' - 0" MECH 2' - 0"
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
PROPOSED BUILDING HEIGHT
61' - 0"
P P L L
PARKING
UNIT B
UNIT A
UNIT B
UNIT B
UNIT B
UNIT B UNIT B
UNIT B
UNIT B
UNIT B UNIT B
UNIT B
UNIT B
UNIT B UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
UNIT B
CORR. UNIT B
CORR.
CORR.
CORR.
9 9
9 9
SUBJECT
PROPERTY
SUBJECT
PROPERTY
ADJACENT
PROPERTY
LAUREL
AVE.
CREEK
STAIR 2
10 11 12 14 14
11 12 13 14 15
11 12 13 14 15
11 12 13 14 15
AP5.01
1 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 21' - 2" LAUREL AVE.
UNIT A
UNIT A
8 3
2 9
5 2
2 APPROX. HEIGHT
21' - 0"
APPRO
X. HEIG
H
T
19' - 8"
EXISTING ADJ. PROPERTY:
1204 MISSION ST.
EXISTING ADJ. PROPERTY:
1112 MISSION ST.
VARIES, SEE PLANS
10' - 7" R.O.W.
CREEK CENTERLINE;
RIPARIAN SETBACK REF PLANS
10' - 0" CREEK
DEVELOPMENT SETBACK
15' - 0" CREEK
13 1
EDGE OF BUILDING
OVERHANG
1. PROPERTY LINES ARE SHOWN RELATIVE TO THE BUILDING SECTION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE BUILDING SECTION VIEW, REFER TO LAND
SURVEY, CIVIL AND LANDSCAPE DRAWINGS FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
BUILDING SECTION NOTES
BUILDING SECTION KEYED NOTES
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
As indicated
10/19/2023 10:46:20
A
M
AP4.01
BUILDING SECTIONS
21128
01.09.2023
MB
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
3/32" = 1'-0" 1
SECTION 1
3/32" = 1'-0" 2
SECTION 2
BUILDING SECTION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
3 METAL SUNSHADE
4 EXTERIOR CIRCUTLATION AND SUPPORT STRUCTURE
5 METAL GUARDRAIL / HANDRAIL
6 ELEVATOR OVERRUN
7 SOLAR PHOTOVOLTAIC PANELS
8 VEGETATED ROOF, TRAY SYSTEM OR SIM, REF ROOF PLANS
9 CLASS II BICYCLE PARKING
10 RAINSCREEN CLAD STRUCTURAL MEMBERS
11 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
12 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE
OR SIM.
13 FLOW-THROUGH STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
SB330 PRE-APPLICATION 01.09.2023
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.74 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
AH
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
BCDEFG
PROPOSED BUILDING HEIGHT
61' - 0"
AMENITY
COMMERCIAL
RESIDENTIAL - 1
SERVICE
VERTICAL CIRCULATION
PL
AMENITY
AMENITY
AMENITY
UNIT B
ELEV
COMMERCIAL
SPACE
UNIT B UNIT B UNIT B UNIT B
UNIT A UNIT A UNIT A UNIT A UNIT A
12345
12345
12345
12345
OVERRUN
5' - 0" ELEV
3' - 0"
2' - 0"
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
PL
MEP/
SERV.
LAUREL AVE.
SUBJECT
PROPERTY
SUBJECT
ADJACENT PROPERTY
PROPERTY
5' - 0"
AP5.01 2
AP5.01 3
21' - 2" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" 14' - 4" LAUREL
AVE
MEP/
SERV.
MEP/
SERV.
MEP/
SERV.
UNIT A UNIT A UNIT A UNIT A UNIT A
UNIT A UNIT A UNIT A UNIT A UNIT A
822
10 10
11 125
67 APPROX HEIGHT
15' - 0"
CREEK
APPROX HEIGHT
32' - 2"
EXISTING ADJ. PROPERTY:
1112 MISSION ST.
EXISTING ADJ. PROPERTY:
1204 MISSION ST.
VARIES, SEE PLANS
9' - 10" R.O.W.
CREEK CENTERLINE,
REF PLANS
RIPARIAN SETBACK
10' - 0" CREEK
DEVELOPMENT SETBACK
15' - 0" CREEK
13 BUILDING BEYOND,
REF PLANS
1 1. PROPERTY LINES ARE SHOWN RELATIVE TO THE BUILDING SECTION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE BUILDING SECTION VIEW, REFER TO LAND
SURVEY, CIVIL AND LANDSCAPE DRAWINGS FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
BUILDING SECTION NOTES
BUILDING SECTION KEYED NOTES
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
As indicated
10/19/2023 10:46:24 AM
AP4.02
BUILDING SECTIONS
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
3/32" = 1'-0"
1 SECTION 3
BUILDING SECTION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
3 METAL SUNSHADE
4 EXTERIOR CIRCUTLATION AND SUPPORT STRUCTURE
5 METAL GUARDRAIL / HANDRAIL
6 ELEVATOR OVERRUN
7 SOLAR PHOTOVOLTAIC PANELS
8 VEGETATED ROOF, TRAY SYSTEM OR SIM, REF ROOF PLANS
9 CLASS II BICYCLE PARKING
10 RAINSCREEN CLAD STRUCTURAL MEMBERS
11 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
12 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE
OR SIM.
13 FLOW-THROUGH STORMWATER PLANTER, REF CIVIL
Issue DESCRIPTION DATE
1 PLANNING REV-01 08.25.2023
29.75 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
H
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
PROPOSED BUILDING HEIGHT
61' - 0"
PARKING
UNIT A
UNIT B 999
2' - 0"
8' - 0"
2' - 0" 1' - 11"
9' - 1"
1' - 11"
9' - 1"
1' - 11"
9' - 1"
1' - 11"
9' - 1"
2' - 2"
14' - 11"
3 10
11 12
13 148
UNIT A
UNIT A 9
19 LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
A
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
ROOF
61' - 0"
11' - 0" 11' - 0" 11' - 0" 11' - 0" 17' - 0"
PROPOSED BUILDING HEIGHT
61' - 0"
3' - 0" 2' - 0"
1' - 11"
9' - 1"
1' - 11"
9' - 1"
1' - 11"
9' - 1"
1' - 11"
9' - 1" 2' - 11"
1' - 2"
13' - 0"
AMENITY
UNIT B 1
234567893
AMENITY
AMENITY
EXTERIOR LOBBY /
MAIL
19 19
LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
LEVEL 3
28' - 0"
H
LEVEL 4
39' - 0"
LEVEL 5
50' - 0"
3' - 6"
1' - 11"
9' - 1"
1' - 11"
9' - 1"
1' - 11"
9' - 1"2' - 2"12' - 5"2' - 6"
11' - 0" 11' - 0" 11' - 0" 17' - 0"
50' - 0"
UNIT A 555
UNIT A
UNIT A
ROOF TERRACE
5' - 4" 6' - 4"
154
16 11
17 1. PROPERTY LINES ARE SHOWN RELATIVE TO THE WALL SECTION, REFER TO PLAN DRAWINGS FOR MORE INFORMATION ON PROPERTY LINE LOCATIONS AND DIMENSIONS.
2. CURBS AND STREETS ARE SHOWN RELATIVE TO THE WALL SECTION VIEW, REFER TO LAND
SURVEY, CIVIL AND LANDSCAPE DRAWINGS FOR EXISTING CURB, GUTTER, AND STREET INFORMATION.
WALL SECTION GENERAL NOTES
WALL SECTION KEYED NOTES
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN numberNOT FOR CONSTRUCTION
1/4" = 1'-0"
10/19/2023 10:46:27 AM
AP5.01
ENLARGED WALL
SECTIONS
21128
01.09.2023
MB
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/4" = 1'-0"
1 SOUTH FACADE WALL SECTION-A
1/4" = 1'-0"
2 NORTH FACADE WALL SECTION
1/4" = 1'-0"
3 SOUTH FACADE WALL SECTION-B
WALL SECTION KEYED NOTES
KEYNOTE MATERIAL
1 ALIGN
2 TEXTURED CONCRETE, BOARD FORMED OR SIM.
3 PATTERNED METAL FENCE / GATE / SCREEN OR SIM.
4 RAINSCREEN CLAD STRUCTURAL MEMBERS
5 WARM BRONZE TONED METAL PANEL OR SIM.
6 WARM BRONZE TONED METAL PANEL OR SIM.
7 GLAZED ALUMINUM WINDOW SYSTEM OR SIM.
8 VEGETATED ROOF, TRAY SYSTEM
OR SIM.
9 TEXTURED FIBER CEMENT PANE OR SIM.
10 CLASS II BICYCLE PARKING
11 WHITE FIBER CEMENT PANEL OR STUCCO OR SIM.
12 ALUMINUM OR VINYL WINDOW
13 METAL SUNSHADE
14 GREY FIBER CEMENT PANEL OR STUCCO OR SIM.
15 BUILT-IN PLANTER, FINISH TO MATCH TEXTURED CONCRETE
OR SIM.
16 BUILDING SIGNAGE, FINAL LOCATION / DESIGN TBD
17 METAL GUARDRAIL OR HANDRAIL
18 PLANTER / PLANTER BENCH
19 PARAPET
Issue DESCRIPTION DATE
0 PLANNING APPLICATION 06.01.2023
1 PLANNING REV-01 08.25.2023
29.76 PROPOSED CLASS-I BICYCLE PARKING
PROPOSED CLASS-II BICYCLE PARKING
PROPOSED RESIDENT STORAGE SOLUTIONS
SINGLE STORAGE LOCKER DOUBLE STORAGE LOCKER TRIPLE STORAGE LOCKER 1 7 8
H
G
1 AP4.02
PROPERTY LINE
PROPERTY LINE
8' - 0" APPROX.
0' - 8" APPROX.
6' - 0"
14' - 8"
BUILT-IN PLANTER
BUILDING STRUCTURE
BUILDING SIGNAGE
AP9.01
2 2,431 SF
COMMERCIAL
SPACE
5' - 3"
9' - 6"
LEVEL 1
0' - 0"
LEVEL 2
17' - 0"
7 8
5' - 4" APPROX 6' - 4"
8' - 0" APPROX.
17' - 0"
MISSION STREET
2' - 6"
15' - 0"
STRUCTURAL ELEMENT
EXISTING MARQUEE SIGN,
REPURPOSED / RELOCATED
STORE ENTRANCE BEYOND
BUILT-IN PLANTER
CLASS-II BICYCLE PARKING
Scale
Project number
Print Date
Drawn by
Checked by
189 WALNUT AVENUE
SANTA CRUZ, CA 95060
WORKBENCHBUILT.COM
P: 831.227.2217
All drawings and written material appearing herin constitute original and unpublished work of Workbench, Inc. and may not be duplicated, used or disclosed without written consent of the Workbench, Inc.
ISSUES/ REVISIONS
APN number
NOT FOR
CONSTRUCTION
NTS
10/19/2023 10:58:43 AM
AP9.01
CAR, EV, BICYCLE
PARKING, &
STORAGE INFO
21128
01.09.2023
OH
EB
1130 & 1132 MISSION1130 & 1132 MISION ST.SANTA CRUZ, CA 95060 006-203-25
1/4" = 1'-0" 1