Agenda packet — Santa Cruz City Council, August 13, 2024 (part 3 of 3)

30.25 2
c. Alterations to the interior of the building; painting on the interior or exterior of the building.

Section 2. Chapter 24.12 of the Municipal Code of the City of Santa Cruz shall be amended to read as follows:

24.12.445 VARIATIONS TO REGULATIONS FOR HISTORIC BUILDING SURVEY

BUILDINGS

1. Modification to District Regulations. District regulations for height, stories, lot coverage, and yards may be modified to the extent that an existing structure, or proposed addition of 100 square feet or less, does not conform to such regulations. A use permitted in the district in which it is located may be established in additional floors and otherwise nonconforming floor area so long as the additional use allowed as a result of this modification occurs entirely within the building and does not materially alter the appearance of the building. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings, per Section

24.08.930, Findings required for historic alteration permit.

2. Reduction of Parking Requirement. The normal parking requirement (number and covered parking requirements) may be modified in order to maintain the value of the property. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings, per Section 24.08.930, Findings required for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES ON CITY

HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY

HISTORIC DISTRICTS
Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the City’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

1. Procedure. To obtain approval of any variation, a Historic Alteration Permit is required and shall be approved in accordance with Section 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the Zoning Administrator in accordance with Section 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450.
a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be Exhibit 1
LCP-3-STC-23-0046-2 Part B

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30.26 3
modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.
b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within a historic district.

This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.

1. Multi-family uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.

2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within 100 feet of commercially-zoned property except for CN-zoned properties;

3. Expansion of single-family homes in RM and RT zone districts;

4. Expansion of non-conforming structures and uses.

5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the Mission Street Design Plan area.

24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC VARIATIONS In addition to Historic Alteration Permit and Administrative Use Permit findings, the following findings are also required:

1. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.

2. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:
• The maximum allowable lot coverage for structures shall be fifty-five percent; • The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes forty-percent or less lot coverage.

3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.

4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.

Exhibit 1
LCP-3-STC-23-0046-2 Part B

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Section 3. Chapter 24.12 of the Municipal Code of the City of Santa Cruz shall be amended to read as follows:

24.12.290 VARIATIONS TO REQUIREMENTS.

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

11. Reduction of Parking Requirements for Lots with Historic Buildings Listed of the City Historic Building Survey and on lots with Contributing Buildings within a Historic District. The parking requirements for such lots may be reduced in accord with Section 24.12.445.

Section 3. Chapter 24.18 of the Municipal Code of the City of Santa Cruz shall be amended to read as follows:

24.18.050 NONCONFORMING USE – CHANGE.

1. Where a nonresidential use is nonconforming because of failure to meet parking requirements, another nonconforming use may be substituted, provided its sole nonconformity pertains to parking and its parking requirement does not exceed the parking requirement for the use it replaces.

2. When a nonconforming use in a residential R-District is changed to a permitted use, it shall meet the Zoning Ordinance requirement for the permitted use.

3. Variations to non-conforming use regulations for Lots with Historic Buildings Listed of the City Historic Building Survey and on lots with Contributing Buildings within a Historic District.

Variations may be allowed in accord with Section 24.12.445.

24.18.060 NONCONFORMING USE – EXPANSION PROHIBITED.

Any nonconforming use may be maintained and continued, provided there is no expansion in the area or volume occupied or devoted to such nonconforming use, and further provided there is no increase in the intensity of such nonconforming use except as otherwise provided in this title. A home occupation in a nonconforming residential use shall not be considered an expansion of the use so long as the home occupation is in compliance with the home occupation regulations in Section 24.10.160 and the area devoted to the nonconforming residential use is not expanded in area or volume as a result of the home occupation.

Variations to non-conforming use regulations for Lots with Historic Buildings Listed of the City Historic Building Survey and on lots with Contributing Buildings within a Historic District.

Variations may be allowed in accord with Section 24.12.445.

Exhibit 1
LCP-3-STC-23-0046-2 Part B

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30.28 Monterey
Bay
Historic Buildings 0 0.5 1 Miles ¬ Coastal Zone Boundary City of Santa Cruz
Legend
Coastal Zone
" Historic Building
Exhibit 2
LCP-3-STC-23-0046-2 Part B

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30.29 City Council

AGENDA REPORT
DATE: 07/26/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Ordinance Amending Municipal Code Chapter 24.10 and Sections

24.12.190, 24.12.290, and 24.12.1108 and Adding New Sections

24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments. Chapters 24.10 and 24.12 are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone, and Ordinance Amending Uncodified Ordinance No. 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses that Extends the Temporary Period for Commercial Use on Private Property from May 31, 2025, to July 1, 2026. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) as a Project that with Certainty Does Not Have an Effect on the Environment and Section 15183 as a Project Consistent with the General Plan for which an EIR Was Certified.) (PL/EDH)
RECOMMENDATION: Motion to:
1) Acknowledge the environmental determination and introduce for publication an ordinance amending Chapter 24.10 and Sections 24.12.190, 24.12,290, and 24.12.1108, and adding Sections 24.10.2342 and 24.12.191 to streamline permitting for private property outdoor seating areas for eating and drinking establishments.
2) Acknowledge the environmental determination and introduce for publication an ordinance amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from May 31, 2025, to July 1, 2026.

BACKGROUND: In response to the State’s business restrictions and significant economic impacts from the COVID-19 pandemic, the City Manager, acting in his capacity as the Emergency Services Director, issued two related Executive Orders to establish the Temporary Outdoor Expansion Program (temporary program) to address the ability for businesses to expand commercial activity in the public right of way and other outdoor spaces (Executive Order 2020- 11 executed on June 4, 2020 and Executive Order 2020-15, issued on July 30, 2020).

31.1 On December 8, 2020, the City Council adopted Emergency Ordinance 2020-27, incorporating the earlier Executive Orders allowing for the outdoor expansion of commercial activity in the public right of way and other outdoor spaces and extending the timeframe to October 1, 2021.

This timeframe was further extended to December 31, 2021, and there have been subsequent extensions to this expiration date.

At the October 25, 2022 City Council meeting, the City Council approved an extension of the temporary permits for private property through March 31, 2024 and directed staff to work with the Outdoor Dining City Council ad-hoc Subcommittee (Subcommittee), including Councilmembers Kalantari-Johnson, Brunner, and Newsome, to develop ordinance changes and improvements to the permit process needed to streamline the permanent approval of private property outdoor seating including working with Coastal Commission for approval of permits in the coastal zone. Staff began working with the Subcommittee to revise the permitting process for outdoor seating in 2023.

On February 27, 2024, the City Council unanimously approved an extension of the Temporary Outdoor Expansion Program permits for private property businesses to May 31, 2025. This extension was intended to provide businesses with a transition period to obtain their permanent approvals once the updates to the proposed policy are in effect.

DISCUSSION: The Planning and Community Development and Economic Development and Housing Departments worked with the City Council Subcommittee on outdoor dining for the past year to develop a streamlined permitting process for private property outdoor seating areas.

After reviewing policies from fourteen other cities, conducting several outreach meetings, and bringing the proposed policy to two Planning Commission hearings, the proposed policy, to staff’s knowledge, is the most streamlined in the State.

Existing and proposed processes
The Zoning Ordinance currently allows restaurants to create outdoor seating areas on private property with approval of an administrative use permit and design permit, a process that requires over seven thousand dollars in permit application fees, involves a public hearing with the Zoning Administrator, and takes approximately three months from application to entitlement. Currently, design and operating requirements for an outdoor dining space are reviewed case by case, based on the findings for these two permits. Additionally, a special use permit is currently required for legal nonconforming alcohol establishments to expand their alcohol service area by 20 percent or more.

The proposed process would allow both eating and drinking establishments (restaurants and bars) to create outdoor seating areas through a more streamlined process. Outdoor seating areas would not require a use permit under the proposed process if they were consistent with the proposed operational standards and would not require a design permit if consistent with proposed design standards. Therefore, an outdoor seating area that meets all standards would skip the discretionary process altogether and proceed with a building permit only. A business seeking to create an outdoor seating space that does not fall within these standards would be required to obtain an administrative use permit and/or design permit for approval. The proposed process would also allow establishments to place outdoor seating areas over existing parking spaces and not be required to replace the parking spaces.

31.2 Current State law does not require parking for all developments within a half mile of highquality transit, which includes much of the city, so most of the current establishments with a temporary outdoor dining expansion do not have a parking requirement. Businesses whose locations fall outside of a half mile of high-quality transit still have a parking requirement under the existing City ordinance, though the new outdoor drinking or dining areas would not trigger any additional required vehicle parking in those areas further than a half mile from high-quality transit. In the interest of further supporting business and outdoor seating opportunities throughout the city, the proposed process also allows for the removal of parking for restaurants and bars regardless of proximity to high quality transit to create expanded outdoor seating.

Additional bicycle parking or enrollment in the City’s non-automobile use program is required under proposed changes to the Zoning Ordinance parking regulations when required parking is removed. The proposed changes to the Zoning Ordinance are subject to Coastal Commission approval in the Coastal Zone.

With the proposed parking changes, if a new restaurant were constructed outside of a half mile of high-quality transit, that restaurant could, in theory, decide to convert its entire required parking area to outdoor dining, presuming that they met the building code requirements for plumbing fixture counts in their new building. While this is different from how other (non-restaurant or non-drinking establishment) uses are treated in the area, it is the same treatment that an existing restaurant would have, where the existing restaurant could convert their entire parking area to outdoor dining, presuming they meet required plumbing fixture counts.

Building permits are always required for private development projects. In an effort to provide a further streamlined option for the building permit review process, staff has analyzed the State building code requirements and determined that any outdoor seating area that is 300 square feet or less in size and does not include any permanent overhead structures, permanent furniture, or permanent heaters may undergo an hourly building permit review with reduced fees based on a shortened review timeline of five to 10 working days compared to the 10-to-15-day standard review timeline. This hourly review process would not require full architectural drawings, only a simple dimensioned site plan and floor plan would be needed. Outdoor seating areas greater than 300 square feet or that include one of the permanent fixtures listed above would require a standard building permit review that includes a review of occupancy and plumbing fixture (bathroom) counts. Standard building permit review fees would apply and vary based on criteria such as square footage, size of an overhead structure, or, in certain instances, contract bid amount.

With these proposed changes, businesses will only need a building permit for approval and are able to make the decision of how large they can build their outdoor seating area based on their unique site constraints under the building code. Removing the discretionary permits also enables the businesses to more easily expand their outdoor seating areas again in the future without needing to modify use permits, so they can make the business decision to potentially start with a smaller outdoor seating area now and consider applying for an expansion in the future. These proposed changes to the permitting process will not only ease the transition for businesses with temporary outdoor seating areas but will also streamline and standardize the creation of new outdoor seating spaces in the future.

Planning Commission Recommendation
At the June 20th Planning Commission meeting, the Planning Commission unanimously (4-0, 3 absent) recommended approval of the proposed ordinance along with four additional

31.3 recommendations. First, the Commission recommended that City Council provide additional time for businesses to obtain and construct permanent outdoor seating areas. The Subcommittee supports providing more time for the businesses by extending the temporary outdoor dining permits for an additional year to July 1, 2026, coinciding with the sunset of state law provisions for alcohol permits associated with temporary patios. Second, the Commission recommended amending language in the draft ordinance to clarify the definition of “low volume” regarding amplified sound at an outdoor seating area. The draft ordinance has been amended to define acceptable amplified sound volume as a level no greater than normal conversational speech. The third additional recommendation was to specify that if temporary restrooms are used during construction to complete the permanent outdoor seating areas, then hand washing stations should also be provided. This is already required under the state Health and Safety Code and so will be implemented for any permit that involves temporary restrooms. The fourth recommendation was to ask the subcommittee to reach out to state representatives to advocate for state building code changes to make creation of outdoor seating areas easier. The Commissioners were specifically interested in how the building code’s calculation of required plumbing fixtures could be amended to facilitate additional outdoor seating without requiring an increase in the bathroom facilities, which can be costly to add.

Regarding this final recommendation, staff have consulted with the City’s Building Official regarding the current rules regarding restaurant and bar seating areas and required bathroom fixture counts. The City currently exercises a code interpretation that is favorable to businesses providing 300 square feet or less of outdoor dining or drinking area, allowing that amount of space to not trigger any new required bathroom fixtures. The Building Official discussed the topic with outside consultants who work in many jurisdictions throughout the state. Those consultants indicated that approximately half of the jurisdictions they work with exercise the interpretation that the City employs, whereas the other half of the jurisdictions the consultant works to calculate any new outdoor dining or drinking space towards required bathroom fixture counts. The Building Official recommends that the City advocate that all cities take the approach that Santa Cruz does, and the Building Official does not recommend that the City advocate for the required plumbing fixture counts to be further reduced. After consultation with the Subcommittee, the Subcommittee agrees with staff recommendation. Should the Council agree and provide such direction the Building Official will prepare a letter for the Mayor to send to applicable state representatives.

Policy development and public outreach
The City Council subcommittee met with City staff eight times from June 2023 to July 2024 to discuss policy direction and develop the proposed process for approving permanent outdoor seating areas. City staff also conducted four community meetings. This policy development involved engagement with both the businesses holding temporary outdoor permits as well as residents. This engagement started with a small group of temporary permit holders in September 2023 and was followed by two outreach events, one to obtain input from all temporary permit holders and one to hear from the general community.

Based on feedback from these events, changes were made to further streamline the proposed process to eliminate the need for discretionary permits and create a streamlined building permit review for simpler patios that are 300 square feet or less with no permanent structures or permanent heaters. Another community meeting for the businesses and community members was

31.4 held in March of 2024 to solicit feedback on the revised proposal. Feedback included concerns about costs related to required security cameras, architectural plans, and potential requirements for restrooms related to expanding the occupant load. A more detailed description of community outreach and feedback is in the April 18, 2024, Planning Commission agenda report.

A continued concern from business owners is the building code requirement for occupancy review and bathroom requirements for proposed seating areas larger than 300 square feet. This could mean that an establishment may not have enough bathroom facilities to accommodate their desired or current outdoor dining arrangement under the emergency ordinance. In this scenario, an establishment would have to downsize their current outdoor seating approved under the emergency ordinance, or it would have to add bathroom facilities.

At the time of drafting the Emergency Ordinance during the COVID-19 pandemic, it was assumed that dining was taking place largely or entirely outside and that expanded seating areas could still be adequately served by existing bathroom facilities. Now that dining is taking place indoors and outdoors, a review of bathroom requirements is needed to ensure an adequate number of facilities are provided if the proposed outdoor seating area is greater than 300 square feet. The City cannot vary from this State building code requirement.

If an establishment has existing bathroom facilities that could accommodate more than 300 square feet of outdoor seating, the establishment could be allowed to reach the maximum square footage of outdoor seating as served by their facilities. Therefore, this proposed policy places no limit on the outdoor seating area so long as it is adequately serviced by bathrooms per the State building code.

General Plan and Local Coastal Program Consistency
The proposed process and ordinance are consistent with several general plan policies that seek to ensure high-quality design, promote pedestrian and bicycle access, and support local businesses that provide services to local and visiting patrons. These policies include:
• Goal CD3 High-quality design that reinforces the community’s unique character • CD4.2 Ensure that new development and right-of-way improvements enhance the visual quality of streetscapes. Cf. LU1.1.3, M1.3, M1.4.1, M4.1.5, CD4.3.1. • CD5.2 Require new development to include elements that relate to the pedestrian scale.

Cf. CD4.3.1, M1.3.
• CD5.2.4 Ensure that new and revised design guidelines encourage the use of pedestrianscaled fenestration, awnings, entrances, landscaping, and other amenities. • LU3.3 Develop, maintain, and encourage economically viable neighborhood-serving commercial districts. Cf. LU4.2.4 and ED5.2
• LU3.4 In neighborhoods near visitor areas, give priority to uses that serve both visitors and residents.
• M1.3 Create pedestrian-friendly frontage and streetscapes and attractive pedestrianoriented areas. Cf. CD4.2, 4.2.1, 4.3.1, 5.2. • M4.4.3 Increase the supply of bicycle parking throughout the city. • ED1.1.3 Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents. Cf. HA4.5, HA4.5.2, ED1.8, PR2.2.3.
• ED1.2 Ensure that Santa Cruz remains an attractive, safe, and welcoming city for visitors.

31.5 • ED1.8.10 Work with local owners to ensure a continuing high quality visitor experience for their patrons.
• ED6.3 Foster and retain locally owned businesses and start-ups. • ED6.3.1 Assist small businesses and small-scale, low-impact, start-up uses in navigating the City’s permit process, and expedite project review. • ED6.4.4 Increase the competitiveness of Santa Cruz relative to other jurisdictions with regard to development permits and fees.
• ED6.5.1 Encourage innovative commercial and industrial facility and site designs.

As described fully in the attached April 18, 2024 Planning Commission staff report, the proposed changes are also consistent with multiple LCP policies, including Community Design Element policies 1.1.2, 2.1.3, 2.2, and 3.6; Land Use Element policies 2.4.3, 2.7.2, 2.7.3.3, and 5.3; and Circulation Element policy 6.4.6.

Next Steps: Should Council ultimately adopt these ordinance changes, the changes would take effect 30 days after final adoption outside the Coastal Zone. The ordinance changes affect the City’s Local Coastal Program Implementation Plan, so the Coastal Commission must certify the changes before they can take effect in the Coastal Zone.

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 proposed changes to private property outdoor seating regulations support the HiAP strategy as these revisions support the creation of accessible spaces that promote the efficient and sustainable reuse of land, outdoor activity, community gathering, active transportation, and also help support local businesses. Therefore, the proposal is consistent with the three pillars of the HiAP.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The zoning code amendments fall within the analyzed development potential in the City’s existing 2030 General Plan EIR using the existing zoning and General Plan and, therefore, pursuant to Section 15183 of the CEQA Guidelines, no further environmental review under the CEQA is required. Additionally, the amendments are exempt pursuant to the CEQA Guidelines Section 15061(b)(3) as a project that, with certainty, does not have an effect on the environment.

FISCAL IMPACT: Reduced permitting fees associated with elimination of discretionary permits and streamlined building permit review may slightly decrease revenue for the City. On the other hand, reducing such fees could lower the barrier to obtaining permits, resulting in more permit applications and thus more revenue. Supporting expansion of outdoor seating for restaurants and alcohol serving establishments will support additional sales and therefore additional sales tax revenue for the City. However, any of these changes would be small compared to the overall revenue from planning and building permit fees, and the proposed policy will not create a substantial fiscal impact.

31.6 Prepared By:

Clara Stanger
Senior Planner
Matt VanHua
Principal Planner
Josephine Buchanan
Economic Development
Coordinator
Rebecca Unitt
Economic Development
Manager
Submitted By:

Lee Butler
Director of Planning &
Community Development
Bonnie Lipscomb
Director of Economic
Development & Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROPOSED PERMITTING ORDINANCE, CLEAN.DOCX

2. PROPOSED PERMITTING ORDINANCE, TRACK CHANGES.DOCX

3. TEMPORARY OUTDOOR EXPANSION ORDINANCE.DOCX

4. JUNE 20, 2024, PLANNING COMMISSION AGENDA REPORT.DOCX

5. APRIL 18, 2024, PLANNING COMMISSION AGENDA REPORT.DOCX

6. PROPOSED OPERATING STANDARDS.PDF

7. PROPOSED DESIGN STANDARDS.PDF

8. DRAFT GUIDEBOOK FOR ESTABLISHMENTS.PDF

9. SUMMARY OF OTHER CITIES’ OUTDOOR DINING POLICIES.PDF

31.7 ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.10 – LAND USE DISTRICTS; SECTION 24.12.190 – OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE; SECTION 24.12.290 - VARIATIONS TO REQUIREMENTS; AND SECTION 24.12.1108 - MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES; AND ADDING SECTION

24.12.191 – PRIVATE PROPERTY OUTDOOR SEATING OF THE SANTA CRUZ

MUNICIPAL CODE AND LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN

RELATING TO PRIVATE PROPERTY OUTDOOR SEATING ASSOCIATED WITH

EATING AND/OR DRINKING ESTABLISHMENTS
WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions; and WHEREAS, the City Council voted to extend the expiration date for temporary outdoor expansions in uncodified Ordinance No. 2020-27 on June 2021 via uncodified Ordinance 2021- 14; on November 9, 2021 via uncodified Ordinance No. 2021-21; on October 25, 2022 via uncodified Ordinance 2022-16; and on October 25, 2022, via uncodified Ordinance 2022-16; and WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06 further extending uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its June 20, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed addition of Santa Cruz Municipal Code (SCMC) Section 24.12.191 to the Zoning Code and passed a motion that recommended the City Council approve the proposed amendments with additional recommendations to extend the expiration date for temporary outdoor seating area permits, refine a standard related to volume of amplified sound, specify that handwashing stations are required in conjunction with temporary restrooms, and to request the City Council subcommittee contact state representatives to advocate for state building code changes related to outdoor dining areas; and

31.8 WHEREAS, the proposed ordinance provides a streamlined and standardized process for both eating and drinking establishments to create outdoor seating areas where the business establishments are not required to obtain an administrative use permit or design permit if certain standards are met; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code falls within the analyzed development potential in the City of Santa Cruz’s existing 2030 General Plan Environmental Impact Report using the existing zoning and General Plan and, therefore, pursuant to California Code of Regulations, Title 14, section 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review under the CEQA is required; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code ordinance is also categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as there is no possibility that the proposed ordinance will have an effect on the environment.

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

Section 1. Section 24.10.620 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C) Subdistrict C – Beach Commercial is hereby amended to read as follows:

24.10.620 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and may also require a design permit per section 24.08.410 and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
(a) Acting/art/music/dance studios/schools (610);
(b) Apparel and accessory stores (250);
(c) Community organizations, associations, clubs and meeting halls (570); (d) Convenience stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (e) Eating and drinking establishments (except bars and fast-food restaurants) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); (f) Educational facilities (public/private) (510);
(g) General merchandise stores (drug and department stores) (230); (h) Government and public agencies (530);
(i) Home furnishings (270);
(j) Liquor stores, subject to alcohol regulations in Chapter 24.12, Part 12 (240B); (k) Museum and art galleries (600);
(l) Professional offices associated with a visitor-serving use (400); (m) Repairs, alterations, maintenance services to household items (except boat repair)(340); (n) Specialty retail supply stores (290);
(o) Video rental (360B);

31.9 RESIDENTIAL USES:
(p) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
(q) Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
(r) Churches (500);
(s) Developed parks (710);
(t) Undeveloped parks and open space (700);
(u) Temporary structures and uses;
(v) Sports and recreation facilities, without alcohol sales (720); (w) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing;
(x) Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and design permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

24.12, Part 12 (630);
(g) Personal services (except contractors’ yards and mortuaries) (310); (h) Theaters (620);
RESIDENTIAL USES:

Supportive and transitional housing, subject to the R-T(A) District regulations; COMMERCIAL USES:
(j) Communication and information (550);
(k) Marine facilities and related uses (560E):
(l) Related research facilities (400L);
(m) Related storage and warehousing (330);
(n) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use; (p) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(q) Utilities and resources (540).

31.10 Section 2. Section 24.10.625.3 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C)/PER: Subdistrict C – Beach Commercial/Performance Overlay Zone is hereby amended to read as follows:

24.10.625.3 USE PERMIT REQUIREMENT

1. The following uses are permitted subject to an Administrative Use Permit, a Design Permit and other requirements of the Municipal Code. The goal is to provide a continuity of activity and interest which will integrate existing commercial uses along Beach Street and the Boardwalk more fully (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes):
a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of 125,000 square feet for the district (230, 250, 290).
b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280). c. Off-site parking with fewer than five spaces (930).
d. Food and beverage stores (except liquor stores) (240). e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the Design Guidelines and active people-orient uses are located adjacent to the street.
f. Administrative offices ancillary to a permitted use, if:
• offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least 25 feet in depth, or • offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the Design Guidelines.
g. Indoor recreational uses and sports and health clubs, provided that the storefront adjacent to the street is designed in compliance with the guidelines, and active people oriented uses are located adjacent to the street (720).
h. Temporary structures and uses.
i. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a Special Use Permit, a Design Permit and other requirements of the Municipal Code:
a. Public performance space, art galleries and/or museums which are open to the public (600, 610).
b. Lodging, hotel development provided it incorporates specialty boutiques and/or restaurant(s) on the ground floor, and does not create a significant break in pedestrian activity and storefront continuity along the street (300).
c. Off-site public/private parking facilities, five or more spaces (930), so long as the total width of access to the facility is not more than 50 feet in width on any one street frontage, provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street. d. Residential development, located above the first floor of commercial uses, not to exceed 30 dwelling units/acre, if it includes a mixture of unit types (e.g. variety of unit sizes) and if

31.11 15% of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.
e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets, (550g, 570b, 570c, 600, 620)
f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than 80 square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

Section 3. Section 24.10.730 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-C Community Commercial District is hereby amended to read as follows:

24.10.730 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the approval of a Design Permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Community organizations, associations, clubs and meeting halls (570); e. Educational facilities (public/private) (510);
f. Government and public agencies (530);
g. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; h. Thrift stores (290m);
i. Veterinarians (410A);
COMMERCIAL USES:
j. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
k. Ambulance services (410B);
l. Auto services and repair subject to performance standards in Section 24.12.900 (350); m. Boat repairs (340D);
n. Building materials/garden supplies (220);
o. Churches (500);

31.12 p. Communication and information services (550);
q. Developed parks (710);
r. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

24.12 (280H);
s. Lodging (300);
t. Motor vehicle dealers and supplies (260);
u. Off-site public/private parking facilities, five or more spaces (930); v. Recycling collection facilities;
w. Temporary structures and uses;
x. Undeveloped parks and open space (700);
y. Utilities and resources (540);
z. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring a public hearing;
aa. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410. All industrial classifications from 100 to 155 shall be limited to operations that occupy less than five thousand square feet of floor area and shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

24.12 (630);
d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
e. Community care facilities;
COMMERCIAL USES:
f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; g. Contractor/building (310E);
h. Fabricated metal products (manufacturing) (150);
i. Fabricated wire products (manufacturing) (155A);
j. Food and beverage preparation (manufacturing) (100); k. Furniture and fixtures (manufacturing) (120);
l. Hospitals (520);
m. Laboratory research experimentation, testing, software development;

31.13 n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; o. Local/interurban passenger transit (bus, cab) (560B); p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
s. Rental services (360);
t. Solar equipment (manufacturing) (155C);
u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
v. Stone, clay, glass products (manufacturing) (140);
w. Storage and warehouse when connected with permitted use (330); x. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
y. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
Section 4. Section 24.10.802 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-M Mixed-Use Medium Density District is hereby amended to read as follows:

24.10.802 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

COMMERCIAL USES:
j. Developed parks (710);

31.14 k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
r. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls,
h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

31.15 w. Stone, clay, glass products (manufacturing) (140); x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 5. Section 24.10.812 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-H Mixed-Use High Density District is hereby amended to read as follows:

24.10.812 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;
h. Temporary structures and uses;
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;

31.16 p. Undeveloped parks and open space (700);
q. Utilities and resources (540);
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
s. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,

31.17 iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 6. Section 24.10.822 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OM Mixed-Use Ocean Street Medium Density District is hereby amended to read as follows:

24.10.822 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

31.18 USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 7. Section 24.10.832 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OH Mixed-Use Ocean Street High Density District is hereby amended to read as follows:

24.10.832 USE PERMIT REQUIREMENT.

31.19 1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:

31.20 f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m.Food and beverage preparation (manufacturing) (100);
n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720); w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 8. Section 24.10.842 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VH Mixed-Use Visitor-Serving High-Density District is hereby amended to read as follows:

24.10.842 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.21 c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

31.22 l. Fabricated wire products (manufacturing) (155A); m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 9. Section 24.10.852 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VA Mixed-Use Visitor-Serving Additional Height District is hereby amended to read as follows:

24.10.852 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.23 h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);

31.24 t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 10. Section 24.10.930 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-T Thoroughfare Commercial zone district is hereby amended to read as follows:

24.10.930 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FROTNAGE:
a. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12.
b. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12.
c. Souvenir and gift shops.
d. Stores, shops and general retail, subject to alcohol regulations in Part 12 of Chapter 24.12.
e. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12.

COMMERCIAL USES:
f. Ambulance service.
g. Automatic car wash.
h. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment. i. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District. j. Recycling collection facilities.
k. Small community care residential facilities.
l. Temporary structures and uses.
m. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
n. Veterinary hospitals and clinics.
o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.

31.25 p. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

Section 11. Section 24.10.1030 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-N Neighborhood Commercial District is hereby amended to read as follows:

24.10.1030 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Acting/art/music/dance studios and schools (610);
b. Apparel and accessory stores (250);
c. General retail merchandise (drug and department stores) (230); d. Government and public agencies (530);
e. Preschools/childcare (twelve or fewer) (510A);
f. Home furnishings (270);
g. Repair, alteration, maintenance services for household items (except boat repairs) (340); h. Specialty retail supply stores (290);
i. Veterinarians (410A);
RESIDENTIAL USES:
j. Small community care residential facilities;
COMMERCIAL USES:
k. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
l. Auto supply stores (260C);
m. Churches (500);
n. Community organizations, associations, clubs and meeting halls (570); o. Educational facilities (public/private) (510);
p. Parks and open spaces (700);
q. Recycling collection facilities;
r. Temporary structures and uses;
s. Video rental (650);
t. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
u. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new

31.26 structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bars, subject to live entertainment and alcohol regulations of Chapter 24.12 (280C); b. Brewpubs, subject to live entertainment and alcohol regulations of Chapter 24.12; c. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); d. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; RESIDENTIAL USES:
e. Community care facilities;
f. Community care residential facilities;
COMMERCIAL USES:
g. Auto services and repair, subject to performance standards in Section 24.12.900 (350); h. Fast-food restaurants or drive-in eating facilities, subject to performance standards in Section 24.14.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
k. Storage and warehouses with permitted retail (330).

Section 12. Section 24.10.1130 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-B Beach Commercial District is hereby amended to read as follows:

24.10.1130 USE PERMIT REQUIREMENT.

31.27 i. Churches (500);
j. Financial services (320);
k. Government and public agencies (530);
l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Bars/taverns, subject to live entertainment and alcohol regulations of Chapter 24.12; b. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290 and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
c. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
RESIDENTIAL USES:
d. Group quarters (850);
COMMERCIAL USES:
e. Off-site public/private parking facilities, five or more spaces (930); f. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

Section 13. Section 24.10.1510 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G General Industrial District is hereby amended to read as follows:

24.10.1510 USE PERMIT REQUIREMENT.

31.28 c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
z. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

31.29 feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Group quarters (850);
d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter

24.12 (630);
f. Paper and allied products subject to performance standards (125); g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
h. Primary metals and material subject to performance standards (145); i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
j. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

Section 14. Section 24.10.1610 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G/PER-2: General Industrial District/Performance District is hereby amended to read as follows:

24.10.1610 USE PERMIT REQUIREMENT.

31.30 d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
h. Forestry services (010);
i. Leather tanning (110);
j. Off-site public/private parking facilities, five or more spaces (930); k. Temporary structures;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15;
n. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Food and beverage stores (except liquor and convenience stores) (240); d. Government and public agencies (530);
e. Group quarters (850);
f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
i. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:

31.31 (a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; j. Transportation facilities (560).

Section 15. Section 24.10.1830 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the E-A Exclusive Agricultural District is hereby amended to read as follows:

24.10.1830 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per section 24.08.410:
a. Daycare (other than family daycare homes)
b. Eating and drinking establishments;
c. Foster family homes;
d. Guest ranches;
e. Off-street parking facilities accessory and incidental to an adjacent commercial use; f. Temporary structures;
g. Veterinary hospitals and clinics;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. j. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and a design permit:
a. Agricultural processing plant;
b. Group care homes;
c. Helipads;
d. Institutions for children or the aged;
e. Kennels and riding stables;
f. Off-street parking facilities serving commercial districts within three hundred feet of the site;
g. Outdoor theaters, golf driving ranges, and other similar open-air commercial recreation facilities;
h. Public and private noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs; i. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; j. Quarters, accommodation, or areas for transient labor, such as labor cabins or labor supply camps.

31.32 Section 16. Section 24.10.2342 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Central Business District is hereby added to read as follows:

24.10.2342 OUTDOOR SEATING ON PRIVATE PROPERTY
Outdoor seating areas on private property associated with eating and/or drinking establishments shall be allowed subject to the requirements in Section 24.12.191.

Section 17. Section 24.10.2370 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Subdistrict E – Lower Pacific Avenue is hereby amended to read as follows:

24.10.2370 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Auto supply stores (260C);
b. Bakery, microbrewery (subject to alcohol regulations in Part 12 of Chapter 24.12), handicrafts or similar light manufacturing and assembly uses associated with retail sales, if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
c. Brewpubs, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Churches (500);
e. Communication and information services (550);
f. Community organizations, associations, clubs, and meeting halls (570); g. Developed parks (710);
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to alcohol regulations in Part 12 of Chapter 24.12 and Section 24.14.290 (280H);
i. Financial, insurance, real estate offices (420);
j. Financial services (320);
k. Flexible density unit (FDU) housing (fifteen units or less) as part of a mixed-use project; l. Foster family homes;
m. Government and public agencies (530);
n. Medical/health offices (except veterinarians and ambulance services) (410); o. Off-site public/private parking facilities (930);
p. Professional offices (400);
q. Professional/personal services (except contractors’ yards and mortuaries) (310); r. Recycling collection facilities;
s. Sports, recreation and entertainment facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
t. Temporary structures and uses;
u. Utilities and resources (540);
v. Veterinarians (410A);
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12;

31.33 x. Private property outdoor seating areas, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and design permit in the Lower Pacific Avenue Subdistrict and possibly other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bar and cocktail lounges, subject to alcohol regulations in Part 12 of Chapter 24.12 (280C);
b. Community care facilities;
c. Community care residential facilities;
d. Contractor/building (310E);
e. Convenience/liquor stores, subject to alcohol regulations of Part 12 of Chapter 24.12 (240B);
f. Flexible density unit (FDU) housing (sixteen units or more) as part of a mixed-use project;
g. Nightclubs (amplified live entertainment), subject to alcohol regulations of Part 12 of Chapter 24.12 (630);
h. Single-room occupancy (SRO) (860);
i. General retail merchandise (drug and department stores) exceeding sixteen thousand square feet (230);
j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Section 18. Section 24.12.190 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.190 OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE.

All merchandise storage, display, or sales areas shall be wholly within a completely enclosed building or structure or shall be screened so as not to be visible from an adjacent public street or publicly operated parking lot, except that the area within a completely roofed street alcove or entryway may be utilized for merchandise display; provided, that such merchandise is displayed inside the line of the building face and does not present a hazard to pedestrians or encroach on a required building exit.

31.34 h. Vending carts and stands;
i. Parking lot sales not to exceed three days during any six-month period; j. Sidewalk sales, when sponsored by business or civic organizations, not to exceed three days during any six-month period;
k. Garage sales when conducted on residentially used property, for a period not to exceed three days during any six-month period;
l. Private property outdoor seating associated with eating and/or drinking establishments, subject to the requirements of Section 24.12.191;
m. Outdoor extension areas for commercial uses, including outdoor sidewalk cafes or retail areas on public property, subject to approval of an administrative use permit and a revocable license per Section 24.12.192;
n. Temporary circus or carnival activities, subject to approval of an administrative use permit;
o. Cut flowers;
p. Activities similar to the above, as determined by the zoning administrator.

Section 19. Section 24.12.191 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby added to read as follows:

24.12.191 PRIVATE PROPERTY OUTDOOR SEATING
The purpose of outdoor seating areas on private property associated with eating and/or drinking establishments is to allow flexibility in how eating and drinking establishments serve their patrons while enhancing the streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the view from the public right of way. This section is applicable citywide.

1. Definitions. For the purposes of this section, the following definitions shall apply:
a. Business establishment. The business that is operating in the building associated with the outdoor seating area and to which the outdoor seating area is appurtenant. b. Design standards. The design standards applicable to the outdoor seating area as set forth in Section 24.12.191.4.
c. Operating standards. The operating standards applicable to the outdoor seating area for their operation and maintenance as set forth in Section 24.12.191.3. d. Operator. The individual or entity responsible for operating the business establishment.
e. Private property outdoor seating or outdoor seating area. An outdoor patio area located on private property associated with eating and/or drinking business establishments that provides seating for patrons of the establishment. f. Patio cover. An overhead structure, such as a pergola, that consists of rafters that are open to allow sunshine and the elements to come through. g. Property. The parcel in which the business entity and outdoor dining area is located. h. Property owner. The owner of the property where the business establishment is located.
i. Roof. An overhead structure that is constructed of a solid material that does not allow sunlight or the elements to come through.

31.35 2. Private property outdoor seating. Private property outdoor seating is principally permitted when accessory to an eating and/or drinking establishment unless an administrative use permit is required pursuant to Section 24.12.191.3.

3. Operating standards. Outdoor seating areas shall comply with the following operating standards, as may be amended, unless the property owner obtains an administrative use permit permitting any deviation from the operating standards. a. The hours of operation shall be consistent with the business establishment’s regular hours of operation, and in no event earlier than 8:00 a.m. and no later than 10:00 p.m. seven days a week.
b. The outdoor seating area shall be permitted only in conjunction with the business establishment that is operating in the associated building and to which the outdoor seating area is appurtenant.
c. The outdoor seating area and all its contents shall at all times be maintained in a clean, sanitary, and attractive condition.
d. The use of the outdoor seating area shall comply with the standards 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 the establishment or operation of the outdoor seating area. e. The outdoor seating area and any surrounding property under the control of the operator shall be maintained free of litter, refuse and debris. f. No “live entertainment” or “incidental live entertainment” as defined in Section

24.12.1100(a)(4) and (5) of the Santa Cruz Municipal Code is allowed unless expressly permitted through another process such as an entertainment permit or use permit. Limited outdoor live entertainment may be permitted for no more than three consecutive days or five days per year subject to the provisions of Section

24.12.195.5 of the Santa Cruz Municipal Code.
g. All uses of the outdoor seating area shall operate in conformance with Chapter 9.36 of the Santa Cruz Municipal Code (noise).
h. Amplified sound shall be set to a volume that does not exceed the volume of normal conversational speech.
i. Barbeques, grills, stoves, or other outdoor cooking appliances are prohibited within the outdoor seating area.
j. The outdoor seating area shall be closed to the public when the business establishment is closed to prevent trespassing and/or criminal behavior. k. Prior to issuance of a building permit for the outdoor seating area, the owner of the business establishment, in conjunction with the property owner, shall submit a maintenance and management plan to address potential nuisance impacts associated with interior/exterior areas adjacent to the business establishment and associated outdoor seating area and shall outline measures to address trash/litter removal, graffiti, landscape maintenance, abandoned vehicles, and noise and loitering, subject to approval by the Planning Director or their designee. The management plan shall assign a “Neighbor Liaison” staff to provide a single point of contact between the business establishment and neighbors and City staff.

31.36 l. Unless otherwise authorized by the City, all parking spaces and delivery zones shall be continuously maintained on the site in a condition that allows access by customers, vendors, and employees to the outdoor seating area and business establishment.
m. Prior to occupancy of the outdoor seating area, an annually thereafter, the property owner shall file a trespass letter of authority with the Santa Cruz Police Department.
n. Final building plans for the outdoor seating area shall include exterior security lights that provide coverage for the entire outdoor seating area while meeting the performance standards of Part 2 of Santa Cruz Municipal Code Chapter 24.16. o. Final building plans for the outdoor seating area shall include exterior security cameras that provide 360-degree coverage around the perimeter of all egress and ingress into the outdoor seating area. The security camera system shall have the capability to provide the recordings to police within 24 hours and have the capacity to store video for a minimum of 30 days.
p. The following standards are required for business establishments that are approved to serve alcoholic beverages pursuant to Part 12 of Santa Cruz Municipal Code Chapter 24.12:
i. All local, state, and federal laws, rules, and regulations applying to the sale and consumption of alcohol shall be complied with.
ii. Alcoholic beverages shall only be consumed on alcohol licensed premises under the control of the licensee(s).
iii. At all times when the premises are exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within the outdoor seating area on a regular basis, but no less than once every thirty (30) minutes.
q. A sign shall be posted in a conspicuous space at the entrance/exit points of the outdoor seating area onto any public area(s), which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.

4. Design standards. Outdoor seating areas shall comply with the following design standards, as may be amended, unless the property owner obtains a design permit permitting any deviation from the design standards.
a. Perimeter fencing:
i. The outdoor seating area facing a public right-of-way and within twenty feet of the public right-of-way or located between the building line and the public right-of-way shall be delineated from the public right-of-way by a barrier consisting of railings, fences, planter boxes, or a combination of railings, fences, or planter boxes that are three feet six inches in height (42”).

31.37 entire enclosure fence/wall shall be set back from the property line at least three feet.
ii. For seating areas approved to serve alcohol, the top of the perimeter fencing facing a public area shall be topped with a surface that is not flat or that is narrow enough to prevent alcoholic beverage placement.
iii. The perimeter fencing for any portion of an outdoor seating area facing the public right-of-way and located more than twenty feet from the right-ofway, behind the front line of the building, in the exterior side yard, or in the rear frontage of a double frontage lot described above shall have a height no greater than eight feet, with any portion of the fencing above three and a half feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.
iv. The perimeter fencing for any portion of an outdoor seating area located behind the building and not facing the public right of way shall have a height no greater than eight feet, with any portion of the fencing above six feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.
v. Perimeter fencing within the Coastal Zone shall comply with Sections i. through iv. above, with the exception that the perimeter fencing shall be visually transparent above three feet six inches feet when within the public line of view of the ocean.
b. Furniture:
i. An outdoor seating area shall include appropriate outdoor furniture including seating, tables, and trash and recycling receptacles. ii. All furniture shall be durable, well maintained, and of a high quality, suitable for outdoor use.
c. Overhead structures:
i. Overhead structures shall be constructed of durable materials including but not limited to wood or metal.
ii. Overhead structures shall be overhead only without sides in order to allow full visibility into the outdoor seating area.
iii. Patio covers shall preserve and maintain visibility through the outdoor seating area and allow some passage of light from the open sky to the outdoor seating area.
iv. Temporary membrane structures, including but not limited to tents and canopies, are prohibited.
v. The height of the overhead structure shall not exceed fifteen feet and shall maintain a minimum of eight feet clearance from grade to the bottom of the overhead structure.
vi. Overhead elements such as support posts for lighting, string lights, portable heaters and umbrellas shall provide a minimum vertical clearance of seven feet.
d. Lighting:
i. Outdoor seating areas shall be lit.

31.38 ii. Lighting, if overhead, shall be a minimum of ten feet overhead, no taller than the height of the building, and no more than fifteen feet above grade. iii. Lighting shall be downlit, fully shielded, and shall not be directed off the property. Lighting shall illuminate only the outdoor seating area. iv. Lighting shall not blink, flash, flicker, or change intensity. v. Individual exterior luminaires shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
vi. Posts for overhead lighting shall be adequately secured and can be incorporated into perimeter fencing.
e. Materials:
i. Materials and colors of paving, perimeter fencing, chairs, tables, display stands, lighting, umbrellas, awnings, and other furniture and fixtures shall be compatible with the exterior materials and colors of the building to which the outdoor seating area is appurtenant.
ii. Materials for outdoor seating areas located within an area or specific plan shall be consistent with all applicable design standards of that plan and outdoor seating areas on sites subject to the objective design standards pursuant to Section 24.12.185 shall be consistent with the standards pursuant to Section 24.12.185.16.a.
iii. Materials shall be specifically intended for outdoor use or that are proven durable.

1. Use materials that can withstand wind, rain, and solar exposure.

2. Utilize non-corroding metals or protective coatings.

3. Wood, if used, shall be finished.
iv. Lightweight materials that appear temporary and will deteriorate quickly such as plastic chains, plastic buckets and other similar materials are prohibited.
v. Barbed wire, razor wire, and chain link fences shall not be permitted. vi. Perimeter fencing adjacent to parking stalls shall include reflective materials.
vii. A wind barrier shall be constructed of transparent materials, such as acrylic or plexiglass.
f. Signage or other advertising matter shall not be installed on or within the outdoor seating area except for the following required signage:
i. For establishments approved to serve alcohol pursuant to Chapter 24.12, Part 12:

1. Signage as required by the California Department of Alcoholic Beverage Control.

31.39 ii. Signage providing notice of private property/no trespassing with a size no greater than one square foot in area.
g. Landscaping:
i. On sites subject to the objective design standards pursuant to 24.12.185, placement of an outdoor seating area facing any public frontage shall not reduce landscaping along that frontage to less than twelve square feet of planted area for each thirty linear feet of building frontage counted by rounding up to the next increment of planted area, consistent with

24.12.185.8.b.
ii. Consistent with objective design standards for mixed use projects pursuant to 24.12.185, the outdoor seating area shall be set back at least five feet from the rear property line when the site is one hundred feet or greater in depth and abut a residentially zoned parcel at the rear property line to allow for a landscaped buffer, consistent with 24.12.185.8.b.iii.
iii. Where the enclosure fencing exceeds three and a half feet in height to provide for a wind barrier, the entire fence shall be set back at least three feet from the public right of way and the setback shall be fully landscaped. iv. Where possible, utilize existing site landscaping for shade and to add visual interest.
v. Trees or hedges shall not be located within perimeter walls when adjacent to a public right of way.
vi. Any planter boxes or permanent landscape elements shall be integrated into an outdoor seating area by:

1. Adding landscaping to the perimeter enclosure, or

2. Adding freestanding plantings within an outdoor seating area, or

3. Adding landscaping to a building wall that frames an outdoor seating area.
h. Parking and driveway:
i. When an outdoor seating area includes conversion of any part of an existing parking lot, the following shall apply:

1. The resulting parking lot shall meet all parking and driveway design standards pursuant to Section 24.12.280 and all applicable off-street loading facilities standards pursuant to Section 24.12.295.

2. The site shall provide required bicycle parking spaces pursuant to

24.12.250 in addition to any required replacement bicycle parking spaces pursuant to Section 24.12.290.6.
i. The outdoor seating area shall not be located within the clear corner triangle as defined in Section 24.22.202. No structure, fixture, or furniture associated with an outdoor seating area shall exceed a height of three feet six inches within a clear vision area, as defined in Santa Cruz Municipal Code Section 24.22.206.

5. Compliance with Applicable Laws. The construction, operation and use of the outdoor seating area shall comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) or successor statute, applicable state and local building codes and regulations, applicable labor laws, and all applicable health and safety requirements.

31.40 6. Enforcement. Violations of this Section 24.12.191 are hereby declared to be public nuisances and any violation of this Section 24.12.191 may be remedied or prosecuted pursuant to Title 4.

Section 20. Section 24.12.290 of Chapter 24.12 of the Santa Cruz Municipal Code regarding variations to parking requirements is hereby amended to read as follows:

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

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

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

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

31.41 and/or if their hours of operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility. b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.
v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (3)(b)(ii) unless otherwise modified by the zoning administrator.
c. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/carpool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation.
d. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(6). This reduction strategy, in and of itself, will not require an administrative use permit.
e. Unbundled Parking. Residential development and the residential portion of mixed-use development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site.
f. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.

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

31.42 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

6. Modified Parking Requirements on Sites with Private Property Outdoor Seating. Replacement parking is not required for any parking spaces removed to create private property outdoor seating pursuant to Section 24.12.191. Removal of parking spaces does not require a use permit, and there is no limit on the number of spaces removed. For any required parking spaces removed, the site shall provide additional bicycle parking at a ratio of six bicycle parking spaces per space removed as described in 24.12.250.6, and/or the business shall enroll in the non-automobile use program as described in 24.12.290.3.c.

Section 21. Section 24.12.1108 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area, not to include outdoor seating, in any five-year period to accommodate retail sale of alcoholic beverages for onsite and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

Section 22. The City Council finds and determines that the adoption of this ordinance is considered a “project” under California Code of Regulations, Title 14, section 15378(a)(1) of the California Environmental Quality Act (CEQA) Guidelines, typically subject to environmental review. The City Council finds that these amendments fall within the analyzed development potential in the City’s existing 2030 General Plan EIR using the existing zoning and General Plan and, therefore, pursuant to Section 15183 of the CEQA Guidelines, no further environmental review under the CEQA is required.

31.43 Additionally, pursuant to Section 15061(b)(2), such project may be exempted from environmental review if the City finds that the project is “exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.” The City Council finds and determines that this ordinance is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as a project that, with certainty, does not have an effect on the environment.

Section 23. If any section or portion of this ordinance is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the ordinance, which shall continue in full force and effect.

Section 24. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the California Coastal Commission, but no earlier than thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 27th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

31.44 This is to certify that the above
and foregoing document is the
original of Ordinance No. 2024-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

31.45 ORDINANCE NO. 2024-XX

24.12.191 – PRIVATE PROPERTY OUTDOOR SEATING OF THE SANTA CRUZ

MUNICIPAL CODE AND LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN

RELATING TO PRIVATE PROPERTY OUTDOOR SEATING ASSOCIATED WITH EATING AND/OR DRINKING ESTABLISHMENTS.

WHEREAS, due to the impacts of COVID-19 on the local economy and locally owned businesses, the city of Santa Cruz’s Director of Emergency Services issued Executive Order No. 2020-11 on June 4, 2020 and Executive Order No. 2020-15 on July 30, 2020, allowing businesses to temporarily expand commercial activity in the public right of way and other outdoor spaces; and
WHEREAS, to provide more certainty to business owners with regard to the use of temporary outdoor expansions, the City Council adopted Executive Order No. 2020-11 and Executive Order No. 2020-15 as Ordinance 2020-27 on December 8, 2020, setting an expiration date of October 1, 2021 for the temporary outdoor expansions; and WHEREAS, the City Council voted to extend the expiration date for temporary outdoor expansions in uncodified Ordinance No. 2020-27 on June 2021 via uncodified Ordinance 2021- 14; on November 9, 2021 via uncodified Ordinance No. 2021-21; on October 25, 2022 via uncodified Ordinance 2022-16; and on October 25, 2022, via uncodified Ordinance 2022-16; and WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06 further extending uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its June 20, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed addition of Santa Cruz Municipal Code (SCMC) Section 24.12.191 to the Zoning Code and passed a motion that recommended the City Council approve the proposed amendments with additional recommendations to extend the expiration date for temporary outdoor seating area permits, refine a standard related to volume of amplified sound, specify that handwashing stations are required in conjunction with temporary restrooms, and to request the City Council subcommittee contact state representatives to advocate for state building code changes related to outdoor dining areas; and

31.46 WHEREAS, the proposed ordinance provides a streamlined and standardized process for both eating and drinking establishments to create outdoor seating areas where the business establishments are not required to obtain an administrative use permit or design permit if certain standards are met; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code falls within the analyzed development potential in the City of Santa Cruz’s existing 2030 General Plan Environmental Impact Report using the existing zoning and General Plan and, therefore, pursuant to California Code of Regulations, Title 14, section 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review under the CEQA is required; and
WHEREAS, the proposed addition of Section 24.12.191 to the Santa Cruz Municipal Code ordinance is also categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as there is no possibility that the proposed ordinance will have an effect on the environment.

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

Section 1. Section 24.10.620 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C) Subdistrict C – Beach Commercial is hereby amended to read as follows:

24.10.620 USE PERMIT REQUIREMENT.

31.47 (n) Specialty retail supply stores (290);
(o) Video rental (360B);
RESIDENTIAL USES:
(p) Supportive and transitional housing (three to nine units) subject to the R-T(A) District regulations;
COMMERCIAL USES:
(q) Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
(r) Churches (500);
(s) Developed parks (710);
(t) Undeveloped parks and open space (700);
(u) Temporary structures and uses;
(v) Sports and recreation facilities, without alcohol sales (720); (w) Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15 requiring a public hearing.;
(x) Private property outdoor seating, subject to the requirements in Section 24.12.191.

USES FOR ACTIVE FRONTAGE:
(a) Bars/taverns subject to alcohol regulations in Chapter 24.12, Part 12 (280C); (b) Fast-food restaurants subject to alcohol regulations in Chapter 24.12, Part 12 (280H); (c) Financial, insurance, real estate offices (420);
(d) Fish/seafood wholesale sales (200F);
(e) Medical/health offices (410);
(f) Nightclubs/music halls, subject to live entertainment and alcohol regulations in Chapter 24.12, Part 12 (630);
(g) Personal services (except contractors’ yards and mortuaries) (310); (h) Theaters (620);
RESIDENTIAL USES:
(i) Supportive and transitional housing, subject to the R-T(A) District regulations; COMMERCIAL USES:
(j) Communication and information (550);
(k) Marine facilities and related uses (560E):
(l) Related research facilities (400L);
(m) Related storage and warehousing (330);
(n) Off-site public/private parking facilities, five or more spaces (930); (o) Professional offices (400), except as associated with a visitor-serving use;

31.48 (p) Sports and recreation facilities subject to alcohol regulations in Chapter 24.12, Part 12 (720);
(q) Utilities and resources (540).

Section 2. Section 24.10.625.3 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the R-T(C)/PER: Subdistrict C – Beach Commercial/Performance Overlay Zone is hereby amended to read as follows:

24.10.625.3 USE PERMIT REQUIREMENT

1. The following uses are permitted subject to an Administrative Use Permit, a Design Permit and other requirements of the Municipal Code. The goal is to provide a continuity of activity and interest which will integrate existing commercial uses along Beach Street and the Boardwalk more fully (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes):
a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of 125,000 square feet for the district (230, 250, 290).
b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280). c. Off-site parking with fewer than five spaces (930).
d. Food and beverage stores (except liquor stores) (240). e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the Design Guidelines and active people-orient uses are located adjacent to the street.
f. Administrative offices ancillary to a permitted use, if:
• offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least 25 feet in depth, or • offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the Design Guidelines.
g. Indoor recreational uses and sports and health clubs, provided that the storefront adjacent to the street is designed in compliance with the guidelines, and active people oriented uses are located adjacent to the street (720). h. Temporary structures and uses.
i. Private property outdoor seating, subject to the requirements in Section 24.12.191.

31.49 provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street. d. Residential development, located above the first floor of commercial uses, not to exceed 30 dwelling units/acre, if it includes a mixture of unit types (e.g. variety of unit sizes) and if 15% of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.
e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets, (550g, 570b, 570c, 600, 620)
f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than 80 square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

Section 3. Section 24.10.730 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-C Community Commercial District is hereby amended to read as follows:

24.10.730 USE PERMIT REQUIREMENT.

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12.140;
k. Ambulance services (410B);

31.50 l. Auto services and repair subject to performance standards in Section 24.12.900 (350); m. Boat repairs (340D);
n. Building materials/garden supplies (220);
o. Churches (500);
p. Communication and information services (550);
q. Developed parks (710);
r. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
e. Community care facilities;
COMMERCIAL USES:
f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; g. Contractor/building (310E);

31.51 h. Fabricated metal products (manufacturing) (150); i. Fabricated wire products (manufacturing) (155A);
j. Food and beverage preparation (manufacturing) (100); k. Furniture and fixtures (manufacturing) (120);
l. Hospitals (520);
m. Laboratory research experimentation, testing, software development; n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; o. Local/interurban passenger transit (bus, cab) (560B); p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
s. Rental services (360);
t. Solar equipment (manufacturing) (155C);
u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
v. Stone, clay, glass products (manufacturing) (140);
w. Storage and warehouse when connected with permitted use (330); x. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
y. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F);
Section 4. Section 24.10.802 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-M Mixed-Use Medium Density District is hereby amended to read as follows:

24.10.802 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.52 g. Two family dwelling if the lot area allows for only two units. New Single-Family development is not permitted.
h. Temporary structures and uses.
i. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.

COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
r. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

31.53 o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 5. Section 24.10.812 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-H Mixed-Use High Density District is hereby amended to read as follows:

24.10.812 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.54 COMMERCIAL USES:
j. Developed parks (710);
k. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
l. Lodging (300);
m. Off-site public/private parking facilities, five or more spaces (930); n. Recycling collection facilities;
o. Temporary commercial structures and uses;
p. Undeveloped parks and open space (700);
q. Utilities and resources (540);
r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
s. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);

31.55 s. Motion picture production (manufacturing) (155E); t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 6. Section 24.10.822 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OM Mixed-Use Ocean Street Medium Density District is hereby amended to read as follows:

24.10.822 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.56 l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,

31.57 iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 7. Section 24.10.832 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-OH Mixed-Use Ocean Street High Density District is hereby amended to read as follows:

24.10.832 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930) k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per section 24.08.410:

USES FOR ACTIVE FRONTAGE

31.58 a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home.
g. Dormitories, fraternity/sorority residence halls, boardinghouses. h. Health facilities for inpatient and outpatient psychiatric care and treatment. i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

COMMERCIAL USES
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m.Food and beverage preparation (manufacturing) (100);
n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F);
Section 8. Section 24.10.842 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VH Mixed-Use Visitor-Serving High-Density District is hereby amended to read as follows:

31.59 24.10.842 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

USES FOR ACTIVE FRONTAGE:
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

31.60 RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 9. Section 24.10.852 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the MU-VA Mixed-Use Visitor-Serving Additional Height District is hereby amended to read as follows:

24.10.852 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.61 retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
f. Veterinarians (410A);
RESIDENTIAL USES:
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
COMMERCIAL USES:
i. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
j. Off-site public/private parking facilities, five or more spaces (930); k. Recycling collection facilities;
l. Temporary commercial structures and uses;
m. Utilities and resources (540);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.;
o. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:

31.62 i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 10. Section 24.10.930 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-T Thoroughfare Commercial zone district is hereby amended to read as follows:

24.10.930 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:

31.63 COMMERCIAL USES:
f. Ambulance service.
g. Automatic car wash.
h. Bakery; soft-drink bottling plant; laundry, cleaning and dyeing establishment. i. Garages for the repair of automobiles, trucks and other heavy equipment, subject to performance standards as set forth in this title for principal permitted uses in the I-G District.
j. Recycling collection facilities.
k. Small community care residential facilities.
l. Temporary structures and uses.
m. Truck, boat, trailer, farm equipment, and other heavy equipment sales, service and rental.
n. Veterinary hospitals and clinics.
o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
p. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140.
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

Section 11. Section 24.10.1030 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-N Neighborhood Commercial District is hereby amended to read as follows:

24.10.1030 USE PERMIT REQUIREMENT.

31.64 k. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
l. Auto supply stores (260C);
m. Churches (500);
n. Community organizations, associations, clubs and meeting halls (570); o. Educational facilities (public/private) (510);
p. Parks and open spaces (700);
q. Recycling collection facilities;
r. Temporary structures and uses;
s. Video rental (650);
t. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.;
u. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Section 12. Section 24.10.1130 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the C-B Beach Commercial District is hereby amended to read as follows:

24.10.1130 USE PERMIT REQUIREMENT.

31.65 1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE:
a. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); b. Educational facilities (public/private) (510);
c. Fish/seafood/wholesale (200F);
d. Home furnishings (270B);
e. Thrift stores (290m);
f. Professional offices associated with a visitor-serving use; COMMERCIAL USES:
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section 24.12.140;
h. Community organizations, associations, clubs and meeting halls (570); i. Churches (500);
j. Financial services (320);
k. Government and public agencies (530);
l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing.
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

31.66 COMMERCIAL USES:
e. Off-site public/private parking facilities, five or more spaces (930); f. Refreshment stands and vehicles, when located on private property, in locations clearly incidental and adjacent to beach, park, campgrounds, or other major recreational and tourist facilities or activities.

Section 13. Section 24.10.1510 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G General Industrial District is hereby amended to read as follows:

24.10.1510 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Boat repairs (340D);
d. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis distribution and warehousing, subject to the commercial cannabis regulation, Part 14 of Chapter 24.12;
f. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
h. Churches (500);
i. Communication and information services (550);
j. Community organizations, associations, clubs and meeting halls (570); k. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
l. Educational facilities (public/private) (510);
m. Fabricated metal products (150);
n. Food and beverage stores (except liquor and convenience stores) (240); o. Forestry services (010);
p. Government and public agencies (530);
q. Leather tanning (110);
r. Off-site public/private parking facilities, five or more spaces (930); s. Other manufacturing and processing industries (except bulk petroleum, scrap and waste materials) (155);
t. Parks (700);
u. Stone, clay, glass products (140);
v. Temporary structures;
w. Transportation facilities (560);
x. Utilities and resources (540);

31.67 y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.
z. Private property outdoor seating areas, subject to the requirements in Section

24.12.191.

2. The following uses require a special use permit and are subject to other applicable requirements of the municipal code. All industrial classifications from 125 to 145 shall comply with all performance standards listed in Part 2 of the Environmental Resource Management provisions (numerical references at the ends of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Building material/garden supply stores (220) with forty thousand square feet or more including indoor floor area and outdoor storage, display, or sales areas. For building materials/garden supply stores of which fifty percent or more of the square footage will occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Group quarters (850);
d. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); e. Nightclubs/music halls, subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
f. Paper and allied products subject to performance standards (125); g. Parks and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
h. Primary metals and material subject to performance standards (145); i. Rubber, plastic, miscellaneous materials and products subject to performance standards (135);
j. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership. (b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use;

31.68 k. Smoking lounges as defined in Section 24.22.748.2 and subject to the siting criteria and performance standards in Chapter 5.54;
l. Emergency shelters subject to regulations in Part 17 of Chapter 24.12.

Section 14. Section 24.10.1610 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the I-G/PER-2: General Industrial District/Performance District is hereby amended to read as follows:

24.10.1610 USE PERMIT REQUIREMENT.

1. The following uses require an administrative use permit and are subject to other applicable requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Agriculture (000);
b. Auto services and repairs, including trucks, heavy equipment and auto towing, subject to performance standards in Section 24.12.900 (350);
c. Cannabis cultivation, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
d. Cannabis distribution and warehousing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
e. Cannabis manufacturing, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
f. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12;
g. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
h. Forestry services (010);
i. Leather tanning (110);
j. Off-site public/private parking facilities, five or more spaces (930); k. Temporary structures;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.;
n. Private property outdoor seating areas, subject to the requirements in Section

24.12.191.

31.69 occupy an existing building, this threshold will be seventy-five thousand square feet including indoor floor area and outdoor storage, display, or sales areas so long as vacant, available space in existing buildings in the IG Zone exceeds four hundred thousand square feet. When the vacant, available square footage is less than four hundred thousand square feet, the forty-thousand-square-foot threshold will apply; b. Chemicals and allied products, subject to performance standards (130); c. Food and beverage stores (except liquor and convenience stores) (240); d. Government and public agencies (530);
e. Group quarters (850);
f. Multiple dwellings or condominiums subject to R-M District regulations (830, 840); g. Paper and allied products subject to performance standards (125); h. Parks and recreation facilities, subject to alcohol regulations in Chapter 24.12, Part 12 (720);
i. Single-room occupancy (SRO) housing (860) under the following conditions:
(1) The site is located within one-quarter mile (one thousand three hundred twenty feet) of a grocery store.
(2) The lot size is less than six thousand square feet. (3) The SRO is part of a mixed use project, sharing the site and/or building with a use that is allowed under Section 24.10.1505, Principal Permitted Uses, is in conformance with Section 24.10.1540(2), and complies with the following requirements:
(a) The SRO development and the mixed use business are under one ownership.
(b) The amount of building space occupied by the nonresidential use is either at a minimum equal to the SRO or residential use or the nonresidential use occupies the entire ground floor of the development.
(4) Ambient interior noise levels can be mitigated below forty-five decibels. (5) Air quality on and around the site, including odors resulting from adjacent land uses, is not considered a potential health hazard and/or objectionable to residential use; j. Transportation facilities (560).

Section 15. Section 24.10.1830 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the E-A Exclusive Agricultural District is hereby amended to read as follows:

24.10.1830 USE PERMIT REQUIREMENT.

31.70 i. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part

15. j. Private property outdoor seating areas, subject to the requirements in Section

24.12.191.

Section 16. Section 24.10.2342 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Central Business District is hereby added to read as follows:

Section 17. Section 24.10.2370 of Chapter 24.10 of the Santa Cruz Municipal Code regarding the CBD Subdistrict E – Lower Pacific Avenue is hereby amended to read as follows:

24.10.2370 USE PERMIT REQUIREMENT.

31.71 e. Communication and information services (550);
f. Community organizations, associations, clubs, and meeting halls (570); g. Developed parks (710);
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.14.290 and subject to alcohol regulations in Part 12 of Chapter 24.12 and Section 24.14.290 (280H);
i. Financial, insurance, real estate offices (420);
j. Financial services (320);
k. Flexible density unit (FDU) housing (fifteen units or less) as part of a mixed-use project;
l. Foster family homes;
m. Government and public agencies (530);
n. Medical/health offices (except veterinarians and ambulance services) (410); o. Off-site public/private parking facilities (930);
p. Professional offices (400);
q. Professional/personal services (except contractors’ yards and mortuaries) (310); r. Recycling collection facilities;
s. Sports, recreation and entertainment facilities subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
t. Temporary structures and uses;
u. Utilities and resources (540);
v. Veterinarians (410A);
w. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12.;
x. Private property outdoor seating areas, subject to the requirements in Section

24.12.191.

31.72 j. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Section 18. Section 24.12.190 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.190 OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE.

1. Exceptions. The following outdoor sales and commercial activities shall not be subject to the provisions of this section:
a. Automobiles, boat, trailer, camper, motorcycle, and motor-driven vehicle sales and rentals;
b. Building material and supplies areas in the I-G District; c. Fish markets and beach, surfing, and fishing equipment in the C-B and OF-R Districts; d. Fruit and vegetable stands;
e. Horticultural nurseries;
f. Vending machines, when located in service stations, motels and other drive-in businesses;
g. Gasoline pumps, oil racks and accessory items when located on pump islands; h. Vending carts and stands;
i. Parking lot sales not to exceed three days during any six-month period; j. Sidewalk sales, when sponsored by business or civic organizations, not to exceed three days during any six-month period;
k. Garage sales when conducted on residentially used property, for a period not to exceed three days during any six-month period;
l. Sidewalk cafes on Pprivate property outdoor seating associated with eating and/or drinking establishments, subject to approval of an administrative use permit the requirements of Section 24.12.191;
m. Outdoor extension areas for commercial uses, including outdoor sidewalk cafes or retail areas on public property, subject to approval of an administrative use permit and a revocable license per Section 24.12.192;
n. Temporary circus or carnival activities, subject to approval of an administrative use permit;
o. Cut flowers;
p. Activities similar to the above, as determined by the zoning administrator.

Section 19. Section 24.12.191 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby added to read as follows:

24.12.191 PRIVATE PROPERTY OUTDOOR SEATING

31.73 The purpose of outdoor seating areas on private property associated with eating and/or drinking establishments is to allow flexibility in how eating and drinking establishments serve their patrons while enhancing the streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the view from the public right of way. This section is applicable citywide.

1. Definitions. For the purposes of this section, the following definitions shall apply:
a. Business establishment. The business that is operating in the building associated with the outdoor seating area and to which the outdoor seating area is appurtenant. b. Design standards. The design standards applicable to the outdoor seating area as set forth in Section 24.12.191.4.
c. Operating standards. The operating standards applicable to the outdoor seating area for their operation and maintenance as set forth in Section 24.12.191.3. d. Operator. The individual or entity responsible for operating the business establishment.
e. Private property outdoor seating or outdoor seating area. An outdoor patio area located on private property associated with eating and/or drinking business establishments that provides seating for patrons of the establishment. f. Patio cover. An overhead structure, such as a pergola, that consists of rafters that are open to allow sunshine and the elements to come through. g. Property. The parcel in which the business entity and outdoor dining area is located.
h. Property owner. The owner of the property where the business establishment is located.
i. Roof. An overhead structure that is constructed of a solid material that does not allow sunlight or the elements to come through.

2. Private property outdoor seating. Private property outdoor seating is principally permitted when accessory to an eating and/or drinking establishment unless an administrative use permit is required pursuant to Section 24.12.191.3.

31.74 odor, smoke, dust, vibration, wastes, fumes, or any public nuisance arising or occurring incidental to the establishment or operation of the outdoor seating area. e. The outdoor seating area and any surrounding property under the control of the operator shall be maintained free of litter, refuse and debris. f. No “live entertainment” or “incidental live entertainment” as defined in Section

24.12.195.5 of the Santa Cruz Municipal Code.
g. All uses of the outdoor seating area shall operate in conformance with Chapter

9.36 of the Santa Cruz Municipal Code (noise).
h. Amplified sound shall be set to a volume that does not exceed the volume of normal conversational speech.
i. Barbeques, grills, stoves, or other outdoor cooking appliances are prohibited within the outdoor seating area.
j. The outdoor seating area shall be closed to the public when the business establishment is closed to prevent trespassing and/or criminal behavior. k. Prior to issuance of a building permit for the outdoor seating area, the owner of the business establishment, in conjunction with the property owner, shall submit a maintenance and management plan to address potential nuisance impacts associated with interior/exterior areas adjacent to the business establishment and associated outdoor seating area and shall outline measures to address trash/litter removal, graffiti, landscape maintenance, abandoned vehicles, and noise and loitering, subject to approval by the Planning Director or their designee. The management plan shall assign a “Neighbor Liaison” staff to provide a single point of contact between the business establishment and neighbors and City staff. l. Unless otherwise authorized by the City, all parking spaces and delivery zones shall be continuously maintained on the site in a condition that allows access by customers, vendors, and employees to the outdoor seating area and business establishment.
m. Prior to occupancy of the outdoor seating area, an annually thereafter, the property owner shall file a trespass letter of authority with the Santa Cruz Police Department.
n. Final building plans for the outdoor seating area shall include exterior security lights that provide coverage for the entire outdoor seating area while meeting the performance standards of Part 2 of Santa Cruz Municipal Code Chapter 24.16. o. Final building plans for the outdoor seating area shall include exterior security cameras that provide 360-degree coverage around the perimeter of all egress and ingress into the outdoor seating area. The security camera system shall have the capability to provide the recordings to police within 24 hours and have the capacity to store video for a minimum of 30 days.
p. The following standards are required for business establishments that are approved to serve alcoholic beverages pursuant to Part 12 of Santa Cruz Municipal Code Chapter 24.12:

31.75 i. All local, state, and federal laws, rules, and regulations applying to the sale and consumption of alcohol shall be complied with.
ii. Alcoholic beverages shall only be consumed on alcohol licensed premises under the control of the licensee(s).
iii. At all times when the premises are exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within the outdoor seating area on a regular basis, but no less than once every thirty (30) minutes.
q. A sign shall be posted in a conspicuous space at the entrance/exit points of the outdoor seating area onto any public area(s), which shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.” Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.

1. Exception: a wind barrier may be installed on top of the perimeter fencing facing a public right-of-way and may extend above the three-foot-six-inch height limitation up to six feet from grade. The entire enclosure fence/wall shall be set back from the property line at least three feet.
ii. For seating areas approved to serve alcohol, the top of the perimeter fencing facing a public area shall be topped with a surface that is not flat or that is narrow enough to prevent alcoholic beverage placement. iii. The perimeter fencing for any portion of an outdoor seating area facing the public right-of-way and located more than twenty feet from the right-ofway, behind the front line of the building, in the exterior side yard, or in the rear frontage of a double frontage lot described above shall have a height no greater than eight feet, with any portion of the fencing above three and a half feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque. iv. The perimeter fencing for any portion of an outdoor seating area located behind the building and not facing the public right of way shall have a height no greater than eight feet, with any portion of the fencing above six feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.

31.76 v. Perimeter fencing within the Coastal Zone shall comply with Sections i. through iv. above, with the exception that the perimeter fencing shall be visually transparent above three feet six inches feet when within the public line of view of the ocean.
b. Furniture:
i. An outdoor seating area shall include appropriate outdoor furniture including seating, tables, and trash and recycling receptacles. ii. All furniture shall be durable, well maintained, and of a high quality, suitable for outdoor use.
c. Overhead structures:
i. Overhead structures shall be constructed of durable materials including but not limited to wood or metal.
ii. Overhead structures shall be overhead only without sides in order to allow full visibility into the outdoor seating area.
iii. Patio covers shall preserve and maintain visibility through the outdoor seating area and allow some passage of light from the open sky to the outdoor seating area.
iv. Temporary membrane structures, including but not limited to tents and canopies, are prohibited.
v. The height of the overhead structure shall not exceed fifteen feet and shall maintain a minimum of eight feet clearance from grade to the bottom of the overhead structure.
vi. Overhead elements such as support posts for lighting, string lights, portable heaters and umbrellas shall provide a minimum vertical clearance of seven feet.
d. Lighting:
i. Outdoor seating areas shall be lit.
ii. Lighting, if overhead, shall be a minimum of ten feet overhead, no taller than the height of the building, and no more than fifteen feet above grade. iii. Lighting shall be downlit, fully shielded, and shall not be directed off the property. Lighting shall illuminate only the outdoor seating area. iv. Lighting shall not blink, flash, flicker, or change intensity. v. Individual exterior luminaires shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.
vi. Posts for overhead lighting shall be adequately secured and can be incorporated into perimeter fencing.
e. Materials:
i. Materials and colors of paving, perimeter fencing, chairs, tables, display stands, lighting, umbrellas, awnings, and other furniture and fixtures shall be compatible with the exterior materials and colors of the building to which the outdoor seating area is appurtenant.
ii. Materials for outdoor seating areas located within an area or specific plan shall be consistent with all applicable design standards of that plan and outdoor seating areas on sites subject to the objective design standards

31.77 pursuant to Section 24.12.185 shall be consistent with the standards pursuant to Section 24.12.185.16.a.
iii. Materials shall be specifically intended for outdoor use or that are proven durable.

1. Use materials that can withstand wind, rain, and solar exposure.

2. Utilize non-corroding metals or protective coatings.

1. Signage as required by the California Department of Alcoholic Beverage Control.

2. A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s) that shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS
POINT.” Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.
ii. Signage providing notice of private property/no trespassing with a size no greater than one square foot in area.
g. Landscaping:
i. On sites subject to the objective design standards pursuant to 24.12.185, placement of an outdoor seating area facing any public frontage shall not reduce landscaping along that frontage to less than twelve square feet of planted area for each thirty linear feet of building frontage counted by rounding up to the next increment of planted area, consistent with

24.12.185.8.b.
ii. Consistent with objective design standards for mixed use projects pursuant to 24.12.185, the outdoor seating area shall be set back at least five feet from the rear property line when the site is one hundred feet or greater in depth and abut a residentially zoned parcel at the rear property line to allow for a landscaped buffer, consistent with 24.12.185.8.b.iii. iii. Where the enclosure fencing exceeds three and a half feet in height to provide for a wind barrier, the entire fence shall be set back at least three feet from the public right of way and the setback shall be fully landscaped. iv. Where possible, utilize existing site landscaping for shade and to add visual interest.

31.78 v. Trees or hedges shall not be located within perimeter walls when adjacent to a public right of way.
vi. Any planter boxes or permanent landscape elements shall be integrated into an outdoor seating area by:

1. Adding landscaping to the perimeter enclosure, or

2. Adding freestanding plantings within an outdoor seating area, or

1. The resulting parking lot shall meet all parking and driveway design standards pursuant to Section 24.12.280 and all applicable off-street loading facilities standards pursuant to Section

24.12.295.

2. The site shall provide required bicycle parking spaces pursuant to

6. Enforcement. Violations of this Section 24.12.191 are hereby declared to be public nuisances and any violation of this Section 24.12.191 may be remedied or prosecuted pursuant to Title 4.

Section 20. Section 24.12.290 of Chapter 24.12 of the Santa Cruz Municipal Code regarding variations to parking requirements is hereby amended to read as follows:

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

2. Variations to Design Requirements. A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design

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

3. Reductions to Number of Required Parking Spaces. Required parking spaces may be reduced up to thirty-five percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit. This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with Section 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:
a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility. b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:
i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review; ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;
iii. Submit a signage program to notify users at all location(s) of shared parking facilities;
iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.

31.80 v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (3)(b)(ii) unless otherwise modified by the zoning administrator.
c. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/carpool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation.
d. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(6). This reduction strategy, in and of itself, will not require an administrative use permit.
e. Unbundled Parking. Residential development and the residential portion of mixeduse development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site.
f. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.

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

6. Modified Parking Requirements on Sites with Private Property Outdoor Seating.

Replacement parking is not required for any parking spaces removed to create private property outdoor seating pursuant to Section 24.12.191. Removal of parking spaces does not require a use permit, and there is no limit on the number of spaces removed. For any required parking spaces removed, the site shall provide additional bicycle parking at a ratio of six bicycle parking spaces per space removed as described in 24.12.250.6, and/or the business shall enroll in the nonautomobile use program as described in 24.12.290.3.c.

Section 21. Section 24.12.1108 of Chapter 24.12 of the Santa Cruz Municipal Code is hereby amended to read as follows:

31.81 24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area, not to include outdoor seating, in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

Additionally, pursuant to Section 15061(b)(2), such project may be exempted from environmental review if the City finds that the project is “exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.” The City Council finds and determines that this ordinance is categorically exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15061(b)(3) as a project that, with certainty, does not have an effect on the environment.

31.82 Section 24. This ordinance shall take effect and be in full force thirty (30) days after final adoption outside of the Coastal Zone. Within the Coastal Zone, this ordinance shall take effect and be in full force after approval by the California Coastal Commission, but no earlier than thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
City Clerk Administrator
PASSED FOR FINAL ADOPTION this 27th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ___________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above
and foregoing document is the
original of Ordinance No. 2024-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

31.83 ORDINANCE NO. 2024-XX

AN UNCODIFIED ORDINANCE OF THE CITY OF SANTA CRUZ EXTENDING UNCODIFIED EMERGENCY ORDINANCE 2020-27 AUTHORIZING TEMPORARY USE

OF CERTAIN ADJACENT PUBLIC STREET AND OUTDOOR AREAS FOR ELIGIBLE

BUSINESSES IMPACTED BY INDOOR BUSINESS CLOSURES RELATED TO THE COVID-19 PANDEMIC UNTIL JULY 1, 2026 ON PRIVATE PROPERTY WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19; and
WHEREAS, on March 10, 2020, the Santa Cruz City Council adopted Resolution No. NS29,640 Declaring a Local Health Emergency in response to the COVID-19 pandemic; and WHEREAS, in light of the devastating impacts that the pandemic has had on the local economy and for locally owned businesses in particular, the Director of Emergency Services issued two related Executive Orders to address the ability for businesses to temporarily use certain areas of the public right-of-way and private property for commercial activity, namely Executive Order No. 2020-11, issued on June 4, 2020 (ratified by City Council Resolution No. NS-29,667 on June 23, 2020) and Executive Order No. 2020-15, issued on July 30, 2020 (ratified by City Council Resolution No. NS-29,695 on August 11, 2020); and
WHEREAS, on December 8, 2020, the City Council adopted an uncodified Emergency Ordinance No. 2020-27, incorporating Executive Order Nos. 2020-11 and 2020-15, allowing for the continued temporary use of certain public right-of-way and private areas until October 31, 2021; and
WHEREAS, on June 22, 2021, the City Council adopted an uncodified Emergency Ordinance No. 2021-14, which extended uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas of the public right of way and private property for commercial activity until December 31, 2021; and
WHEREAS, on November 9, 2021, cognizant of the prolonged negative impacts of the pandemic to local businesses, the City Council adopted an uncodified Ordinance No. 2021-21, further extending uncodified Ordinance No. 2020-27, allowing for the temporary use of certain areas in the public right-of-way and private property until December 31, 2022; and WHEREAS on October 25, 2022, the City Council adopted an uncodified Ordinance 2022-16, which extended uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity (1) until October 31, 2023 in the public

31.84 right-of-way; (2) until March 31, 2024 on private property; and (3) extending the Cathcart Street temporary partial street closure until March 31, 2023; and WHEREAS, at the October 25, 2022 meeting, the City Council also directed City staff to work with the Outdoor Dining City Council ad-hoc Subcommittee to draft ordinance amendments and procedures to streamline the permanent private outdoor dining permit process, and work with Coastal Commission for approval of permits for private properties within the coastal zone; and WHEREAS, on February 27, 2024, the City Council adopted an uncodified Ordinance 2024-06, which extended uncodified Ordinance No. 2020-27 to allow for the temporary use of certain public street and outdoor areas for commercial activity until May 31, 2025 on private property; and
WHEREAS, at its regular meeting of August 13, 2024, the City Council will consider the adoption of Santa Cruz Municipal Code section 24.12.191 relating to outdoor dining on private property; and
WHEREAS, if adopted, City staff estimates businesses will need approximately two years to continue operating under the temporary permits while the businesses apply for permits under the permanent private outdoor dining program; and
WHEREAS, the City Council finds that extending the duration of uncodified Ordinance No. 2020-27 until uly 1, 2026 for temporary use of private property for commercial activity will facilitate business recovery, generate increased sales tax revenue for the City, and provide business owners sufficient time to apply for and obtain permits for the permanent private outdoor dining program.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 5 of uncodified Ordinance No. 2020-27, adopted as an emergency measure by the City Council on December 8, 2020, and amended by uncodified Ordinances No. 2021-14 on June 22, 2021, No. 2021-21 on November 9, 2021, No. 2022-16 on October 25, 2022, and 2024- 06 on February 27, 2024 is hereby further amended to include the following expiration date:

Temporary Use Located on Private Property: shall expire on July 1, 2026.

Section 2. California Environmental Quality Act (CEQA) Compliance. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15301 (existing facilities), 15303 (construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).

Section 3. This Ordinance shall take effect thirty (30) days following its final adoption (the

31.85 “Effective Date”) and shall expire on the dates set forth above, unless further extended by action of the City Council.

PASSED FOR PUBLICATION this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this #th day of [ Month ] , 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2024-xx and that
it has been published or posted in

31.86 accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

31.87 PLANNING COMMISSION

AGENDA REPORT
DATE: June 14, 2024
AGENDA OF: June 20, 2024
DEPARTMENT: Economic Development & Housing and Planning & Community Development
ITEM NO: FP24-0001 Municipal Code Amendments to Title 24 - Zoning Ordinance Chapters 24.10 and Chapter 24.12: Private Property Outdoor Seating (PL/ED) Including Updates to the Local Coastal Program Implementation Plan. Environmental Review: Exempt per CEQA Guidelines Sections 15061(b)(3) and 15183.

RECOMMENDATION: That the Planning Commission recommend the City Council approve the amendments to Municipal Code Title 24 - Zoning Ordinance Chapters 24.10 and 24.12 to update regulations for private property outdoor seating associated with eating and/or drinking establishments, including associated updates to the Local Coastal Program, and finding that the changes are exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) and 15183.

BACKGROUND
The Planning Commission first heard this item on April 18, 2024, and the attached staff report from that meeting provides additional project background, analysis of the proposed ordinance, and details of the extensive community outreach process. Commissioners expressed several concerns primarily focused on the cost to businesses by limiting a simple building review to patios that are 300 square feet or smaller, since most businesses have patios that exceed this limit and could potentially find the requirements from a standard building permit review, such as restroom and other occupancy-related requirements, to be cost prohibitive. The Planning Commission continued the item for at least 60 days, directing staff to report back with more information on the following questions:
 Does Assembly Bill (AB) 1217 (2023) provide any relief with regard to building code regulations related to temporary COVID outdoor seating areas?  What is the real cost of regulations to these establishments?  Can the existing temporary COVID outdoor seating areas for these 21 establishments be “grandfathered in,” by allowing them to remain indefinitely without requiring any permits?
 How would the City enforce the Development and Operational Standards?

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 How are outdoor seating areas for restaurants and bars functionally different, and should different rules apply to each type of establishment?
 What are other cities/jurisdictions doing to streamline outdoor dining permitting? The following analysis provides a response to these questions as well as additional questions that arose during deliberation among the commissioners but that were not included in the final motion, including information on whether the simple building permit review can be expanded to patios greater than 300 square feet and whether there are any options for City funding for these seating areas.

DISCUSSION
Can the Simple Building Permit Review Be Expanded Beyond 300 Square Feet? No. The 300 square foot limitation for the simple building permit review process cannot be expanded due to the requirements of the state building code for plumbing fixture counts and egress requirements. Staff reviewed size limitations in place for other jurisdictions programs, and all of the cities required full building permit review due to these requirements or in one instance, were more restrictive in only allowing the use of two parking spaces for outdoor seating on private property. Under the proposed simple review process, a business could still qualify for this streamlined review but exceed 300 square feet if the current plumbing fixture calculations provide for additional capacity that could be applied to the additional outdoor square footage.

Can The Existing Patios be Grandfathered In?
No. Allowing these existing temporary outdoor seating areas to remain indefinitely without a building permit is not possible because the state building code requires a building permit. The building code requires review for accessibility and egress for patios of any size, and additional review is needed for occupant load and plumbing fixtures for patios larger than 300 square feet or for permanent structures.

What Is the Real Cost of Regulations to These Establishments? To do this analysis, staff would need to see a business’ complete plans for the building and proposed outdoor space under current building code regulations. Staff conducted a review of the available plans on file with the City for the business participating in the temporary program to determine if there are any plans that are recent and complete enough to conduct this analysis. Out of the 21 businesses, staff only found one plan dating back to 2012 that showed sufficient information to review their potential outdoor seating capacity but because it was approved under prior building codes, updated information would be needed, including an updated seating count, to determine viability under current building codes. Many businesses participating in the temporary program have not gone through a recent tenant improvement which would provide the plans available for this review or have potentially made changes without permits that the City does not have records for, further limiting our ability to conduct this analysis.

In lieu of having these plans available, staff conducted a review of recently approved outdoor seating projects. The following analysis of the impact of these regulations is based on three projects that have been approved in the last two years and provides a representative sample of small, medium, and large-scale remodel projects. The scope of these projects ranged from 1) a

31.89 3
600 square foot new outdoor seating area that serves multiple businesses and required no additional restroom upgrades, 2) an expansion of an existing outdoor patio from 300 square feet to approximately 600 square feet and included some additional interior remodel work, and 3) a major remodel project that included interior modifications, an expansion of an existing patio of approximately 1,300 square feet to 1,600 square feet, and a full remodel of the restrooms to unisex to accommodate the increased occupancy from the expanded patio.

For permitting review, two of these projects required minor modifications to their administrative use permits, one required a design permit, and all required a building permit. The proposed streamlined process removes the use permit modification process and the design permit saving an approximate $4,500 when both are required and $2,300 when only the modification is required (based on current fee schedule). The building permits are based on project valuation, and the building permit fees for these projects range from approximately $3,000 for the small project, $7,000 for the medium project, and $11,700 for the large project.

The streamlined permit process reduces the permits required to only a building permit, and that permit cost depends on either the valuation of the project or can be approved at an hourly rate if under 300 square feet and involves no permanent structures. The range of impacts on businesses depends on their unique site constraints, including the current plumbing fixtures, the occupancy and layout of their establishment, and the capacity of the outdoor seating area they intend to permit permanently.

Recognizing that the need to increase the number of restrooms onsite is one of the most common, and likely the most expensive, improvement that could be required based on occupancy and plumbing fixture counts, staff explored the option to allow temporary portable restrooms. No other cities were found that allowed this as an option. Ultimately, staff decided not to support this as a solution long-term largely due to the impacts of potential odors and where the portable restrooms could be sited on a property. Many of the businesses are in close proximity to residential or other businesses, and the use of portable restrooms could create negative impacts to neighboring uses. To mitigate these impacts, staff would likely require a design permit and use permit to evaluate whether such use could be feasible, and if so, to ensure proper siting, screening, and maintenance, which would come with expensive permitting costs that would be better invested in the physical building and development of the outdoor seating area. Temporary portable toilets could be a solution in the short-term only, during construction that may take existing restrooms offline for improvements to support development of the permanent outdoor seating area.

Are There Options for City Funding?
After careful review of the associated business costs and benefits of pursuing a building permit for private outdoor dining, staff is not recommending any additional financing incentives for the program specifically beyond the proposed permit streamlining. However, staff will continue to encourage all businesses who are seeking financing for capital improvements to their establishments to consider the City’s microloan program, which has below market interest rates, and other business assistance programs, including the façade improvement and signage

31.90 4
programs, that can help offset overall project costs. As an overall cost and time savings to businesses, the City has prioritized providing financial assistance through a heavily streamlined permit approval process and removal of all discretionary permits that previously applied to outdoor seating areas.

Planning, Building, and Economic Development staff have spent considerable staff time over the last year crafting a proposal that reduces the permitting process time and overall permitting costs for businesses. The following is an overview of the permit costs under the existing permitting process for three scenarios that apply to businesses in the temporary permit program to demonstrate the savings in both time and money created by streamlining this process:

1. New outdoor seating areas for alcohol establishments without an alcohol permit (legally nonconforming)
o Special Use Permit - $3,884 (3-6 month review period including Planning Commission Hearing)
o Design Permit - $2,235
o Building Permit - based on valuation

2. New outdoor seating areas for alcohol establishments with an alcohol permit or establishments that do not serve alcohol
o Administrative Use Permit - $3,206
o Design Permit - $2,235
o Building Permit - based on valuation

3. Expansion of existing outdoor seating area for alcohol establishments with an alcohol permit or establishments that do not serve alcohol
o Minor-modification to use permit - $2,235
o Design Permit - $2,235
o Building Permit - based on valuation
By proposing to remove the use permit and design permit requirements, businesses are saving between $4,500 and $7,000 on permitting alone, as well as a minimum of three months review time to prepare for an administrative use permit public hearing. The proposed change to the code to no longer require a special use permit for legal nonconforming alcohol establishments that are expanding their alcohol service area by 20% or more further simplifies the process for many of the businesses participating in the temporary program by removing the need to receive approval from the Planning Commission.

With these changes, the businesses will only need a building permit for approval and are able to make the decision of how large they can build their outdoor seating area based on their unique site constraints under the building code. Removing the discretionary permits also enables the businesses to more easily expand their outdoor seating areas again in the future without needing to modify use permits, so they can make the business decision to potentially start with a smaller outdoor seating area now and consider applying for an expansion in the future.

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How Do the Proposed Standards Relate to Functional Differences Between Restaurants and Bars?
The zoning ordinance currently allows the creation of “sidewalk cafés on private property” with approval of a use permit, and these have been approved for restaurant uses as well as alcoholfocused establishments including wineries and breweries. When temporary outdoor seating areas were created at eating and drinking establishments during COVID, the City also allowed these temporary spaces for bars, which had not prior been issued permits for permanent outdoor seating. After consideration, the City Council Subcommittee (Councilmembers KalantariJohnson, Brunner, and Newsome) and staff recommend that bars should be allowed to make their patios permanent, citing that patios associated with restaurants and bars tend to function similarly. They both provide space for people who will be talking, and both types of uses also typically serve alcohol. The main difference between the two establishment types relating to outdoor seating is that bars stay open later at night and therefore could create nuisance features during that time, especially associated with noise. The subcommittee and staff explored different options to address this issue and recommend requiring all patios close at 10:00 p.m. regardless of establishment type, which eliminates this difference in functionality between the two types of establishments. This standard is consistent with the City’s noise ordinance, which does not allow disturbing noises after 10:00 p.m.

How Would the City Enforce the Development and Operational Standards Given that outdoor dining patios currently require approval of an Administrative Use Permit and Design Permit, the Commission asked how changing this process to a by-right use with operational and design standards would affect the code compliance process. The answer is that the process would essentially be the same under the proposed regulations as under the existing complaint-based system. Currently, upon receipt of a complaint, the Code Compliance team would first identify the specific violation. In the case of a patio approved with a use permit and design permit, the violation may be inconsistency with a condition of approval for the discretionary permit. Under the proposed ordinance, in comparison, the violation would be inconsistency with an operating standard or design standard in the municipal code. (In either case, a building code violation would still be a building code violation). The process is essentially the same regardless of whether a condition or code section is violated. The Code Compliance Specialist would send a Courtesy Notice to the property owner and then typically follow up with an inspection. If a violation is found, the Code Compliance Specialist would document the violation and advise the property owner how they can come into compliance and how much time they have to do so.

The goal of this system is to arrive at a safe situation for all users in a reasonable amount of time.

If, after the compliance deadline has passed and the property owner has not resolved the violation, further enforcement steps will be taken which include, but are not limited to: recording a Notice of Violation on the property title or initiating the process for administrative citations or administrative civil penalties. Administrative citations are akin to tickets for violating the ordinance. They are issued in ascending order with the first citation at $100 and the 4th citation at $1,000 within a one-year period. Administrative civil penalties are usually used in more serious or critical violations and can be up to $2,500 per day per violation. If a violation has been

31.92 6
abated and reoccurs within the same year, then a variety of code compliance actions can be applied as allowed under Title 4 of the municipal code to incentivize compliance.

Enforcement for a use permit approved seating area versus a by-right seating area diverges on one point, which is that under the existing system, staff can recommend to the hearing body to modify or revoke the discretionary permit. Unlike enforcement on by-right seating areas, this provides the option to shut down the seating area altogether. However, this additional code enforcement tool is rarely utilized on all types of discretionary permits, since the revocation process takes a considerable amount of staff time and the monetary pressure associated with citations, civil penalties, and a notice of violation are typically all that is needed to persuade a property owner into compliance.

It should also be noted that while the code compliance process involves the property owner, many restaurant owners are tenants within their restaurant space. Scenarios where the tenant creates the violation tend to resolve more quickly, because the property owner does not want to pay the bill for their tenant’s violation and can threaten eviction if such allowances are built into the lease.

What Are Other Cities/Jurisdictions Doing?
Staff has completed a review of outdoor dining policies for fourteen other California jurisdictions including the three other cities within Santa Cruz County and the County of Santa Cruz regulations for the unincorporated areas. This analysis is based on policies and programs from the cities of San Bruno, San Luis Obispo, San Diego, Pacifica, San Jose, Fremont, Palo Alto, Capitola, Watsonville, Scotts Valley, Monterey, Santa Barbara, and Los Angeles, as well as the County of Santa Cruz.

This proposal for the City of Santa Cruz is the most streamlined permitting along with the City of San Diego, which are the only two jurisdictions that allow approval by right, with only a building permit and no other size or parking restrictions. The majority of cities that staff looked into adopted some form of outdoor dining program, though several chose to only expand outdoor dining in the public right of way (i.e., a parklet program). The cities of San Luis Obispo, Capitola, Scotts Valley, and Monterey did not make any alterations to their existing private property dining programs following the expiration of temporary emergency programs. The below sections offer further detail on these other programs.

Santa Cruz County Outdoor Dining Policies
To inform a local perspective, staff contacted the cities of Scotts Valley, Watsonville, and Capitola and the County of Santa Cruz to learn more about their regulations for outdoor seating on private property. None of these local jurisdictions adopted a formal program for outdoor seating on private property as a result of temporary expansions from COVID. Watsonville had an existing outdoor dining process prior to the pandemic and did not make changes to further streamline approval. The city of Capitola chose to expand their outdoor dining program for outdoor seating in the public right of way, or “parklets,” but did not adjust private property processes. The City of Scotts Valley ended all additional outdoor seating programs at the expiration of their temporary COVID program in 2022.

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Watsonville’s existing policies require minor design review by the Zoning Administrator with a cost of $1,741, in addition to applying for a building permit. Outdoor seating areas in Watsonville can remove up to 25% of their parking requirement (1 space per 350 square feet) without additional review, so long as their expansion meets the required setbacks of the zoning code. Expansions that remove more that 25% of required parking require a special use permit, reviewed by their Planning Commission.

For the jurisdictions of Scotts Valley and Capitola, outdoor seating areas are ostensibly treated the same as expansions or tenant improvements to the interior of the property and include no reductions of parking requirements. For existing businesses in the City of Capitola, a minor design permit is required which costs approximately $2,000 and is reviewed at the staff level.

For outdoor seating to be included in new construction, this would require a full design permit review by Planning Commission, with a starting cost of approximately $4,000. Businesses that serve alcohol are required to obtain a conditional use permit. Within the City of Scotts Valley, the removal of existing parking requires a design review permit (approximately $3,548) and review by Planning Commission. If the seating area can be installed without the removal of parking, it can be reviewed via building permit at the staff level.

The County of Santa Cruz has revised policies for outdoor seating under their sustainability update which goes into effect this fall. The County’s temporary program for private property will expire in October 2024. The revised policies require an administrative use permit for businesses adding more than 12 seats and a minor use permit for those adding under 12 seats. Additionally, in this process, the County must identify if this expansion would create an "intensification of use," or more than a 10% increase in traffic trips. This analysis is in addition to the requirement of a building permit.

Additional City Case Studies
To further inform what strategies are possible for outdoor dining on private property, staff conducted research and contacted cities throughout California to review their modified permit processes following the expiration of temporary outdoor seating programs. The following summarizes the common themes for these policies as it relates to permitting, parking, and design and operating standards.

Permitting
Besides the City of Santa Cruz program proposed by staff, the City of San Diego is the only other place staff surveyed that allows outdoor seating by right, with only a building permit to ensure consistency with the state building code. Most of the case studies staff investigated have permitting requirements beyond a building permit. For several communities, additional review is triggered by the removal of parking. Based on this research, a common streamlining strategy for municipalities that did develop streamlined programs was for permits for outdoor seating areas to be reviewed at the staff level through administrative use permits instead of needing extensive design review, public hearings, and planning or architectural commission approval. All jurisdictions surveyed granted permanent ongoing approval through their outdoor seating permit process except

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for the City of Pacifica, whose commercial use permit is subject to annual review by the planning department. Without exception, every program staff found required a building permit and all but one required the seating area to meet all requirements of the California State Building Code. The one city that does not fully follow building code is Fremont, where council direction was to allow dining areas smaller than 750 square feet, but they do not properly apply the building code requirements for occupancy, egress, and restroom plumbing fixture counts. Anecdotally, most of the seating areas are far below 750 square feet but the parameters of their program allow for an exception to building code that could lead to liability if there are not sufficient restrooms or egress.

Parking
A common theme among many of the programs was a requirement for parking preservation. Besides the proposed program, only one other city, San Diego, chose to waive parking requirements to allow for outdoor seating expansion entirely. Some cities allow parking removal only if the business is located in areas where state law prohibits the city from requiring parking. Other cities used parking requirements as a way to determine the general scale of an outdoor seating area. Fremont, for example, requires that no more than four parking spaces be converted, while Pacifica does not allow a conversion of more than 10% of off-street parking or a max of two parking spaces, whichever is greater.

Design & Operating Requirements
For programs that did not develop a specific policy process surrounding private property outdoor seating areas, these developments are treated similarly to exterior building construction in terms of design and architectural review. Most jurisdictions require approval of a discretionary permit, with the exception of the cities of San Diego and Los Angeles. Scotts Valley also exempts discretionary review when the patio area does not replace existing parking. Jurisdictions that did implement a permanent program primarily placed restrictions on proximity to residential uses and hours of operation. Only the City of Los Angeles allowed outdoor seating areas to operate until 11:00 p.m. The majority of cities surveyed limited the hours to 10:00 p.m. The city of San Jose restricts the hours to 9:00 p.m. Monday through Thursday and 10:00 p.m. on Friday through Sunday if within 150 feet of residential and San Diego has similar distance requirements but restricts Sunday through Thursday to 9:00p.m. and Friday and Saturday to 10:00p.m.

The cities of San Bruno and Pacifica restrict the design of outdoor seating areas by not allowing any permanent structures to be installed (patio covers, overhead structures, etc.).

The City of Los Angeles requires a conditional use permit for background music in the outdoor seating area.

Does AB 1217 Waive any Building Code Requirements?
No. Assembly Bill 1217 (2023) extended the expiration date of some aspects of COVID pandemic relief relating to temporary outdoor seating areas from July 1, 2024 to July 1, 2026.

Specifically, this bill extended the sunset date for establishments to extend their alcohol service

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license provisions to the temporary outdoor patios, for temporary outdoor patios to utilize required parking spaces without a requirement to replace those spaces, and for health and safety codes related to satellite food service. This legislation does not include any relief for businesses or outdoor dining areas related to the state building code.

Changes to Proposed Ordinance
At the April 18, 2024 Planning Commission meeting, staff brought forth suggestions for a few minor changes to the proposed ordinance, including removing a reference to major public special events, clarifying the language for overhead structure design standards, and clarifying that the parking variation associated with removing parking spaces for outdoor seating areas does not require a use permit and does not have a 35 percent limitation that is imposed on some other parking variations. As no objections were heard from the commissioners, those changes have been incorporated into the draft ordinance.

Environmental Review. The attached April 18, 2024 Planning Commission staff report has information on the California Environmental Quality Act (CEQA) compliance.

Health in All Policies (HiAP). The attached April 18, 2024 Planning Commission staff report has information on HiAP compliance.

NEXT STEPS
Following a recommendation by the Planning Commission, this item will be scheduled for a hearing with the City Council. Two readings are required for an ordinance, and if approved by the City Council, the ordinance would become effective outside the Coastal Zone 30 days after the final approval by the City Council. Because portions of the proposed ordinance are part of the Local Coastal Program Implementation Plan, Coastal Commission approval will be required prior to the ordinance taking effect inside the Coastal Zone. Planning staff will submit the ordinance to the Coastal Commission for review following final approval by the City Council.

Submitted by:

Clara Stanger
Senior Planner – Advance Planning
Josephine Buchanan
Economic Development Coordinator
Approved by:

Matthew VanHua
Principal Planner – Advance Planning
Rebecca Unitt
Economic Development Manager
Attachments:

1. April 18, 2024, Planning Commission Staff Report

2. Proposed Ordinance, Strikeout/Underline

3. Proposed Operating Standards

4. Proposed Design Standards

5. Draft Guidebook for Establishments

6. Summary of Other Cities’ Outdoor Dining Policies

31.96 PLANNING COMMISSION

AGENDA REPORT
DATE: April 12, 2024
AGENDA OF: April 18, 2024
DEPARTMENT: Economic Development & Housing and Planning & Community Development
ITEM NO: Municipal Code Amendments to Title 24 - Zoning Ordinance Chapters 24.10 and Chapter 24.12: Private Property Outdoor Seating (PL/ED) Including Updates to the Local Coastal Program
Implementation Plan. Environmental Review: Exempt per CEQA Guidelines Sections 15061(b)(3) and 15183.

RECOMMENDATION: Motion to recommend that the City Council approve the amendments to Municipal Code Title 24 - Zoning Ordinance Chapters 24.10 and

24.12 to update regulations for private property outdoor seating associated with eating and/or drinking establishments, including associated updates to the LCP, and finding that the changes are exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) and 15183.

BACKGROUND
In response to the State’s business restrictions and significant economic impacts from the COVID19 pandemic, the City Manager, acting in his capacity as the Emergency Services Director, issued two related Executive Orders to establish the Temporary Outdoor Expansion Program (temporary program) to address the ability for businesses to expand commercial activity in the public right of way and other outdoor spaces (Executive Order 2020-11 executed on June 4, 2020 and Executive Order 2020-15, issued on July 30, 2020). On December 8, 2020, the City Council adopted Emergency Ordinance 2020-27, incorporating the earlier Executive Orders allowing for the outdoor expansion of commercial activity in the public right of way and other outdoor spaces and extending the timeframe to October 1, 2021. This timeframe was further extended to December 31, 2021, and there have been subsequent extensions to this expiration date.

At the October 25, 2022 City Council meeting, the City Council approved an extension of the temporary permits for private property through March 31, 2024 and directed staff to work with the Outdoor Dining City Council ad-hoc Subcommittee (Subcommittee) to develop ordinance changes and improvements to the permit process needed to streamline the permanent approval of private property outdoor seating including working with Coastal Commission for approval of permits in the coastal zone. Staff began working with the Subcommittee to revise the permitting process for outdoor seating in 2023.

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On February 27, 2024, the City Council unanimously approved an extension of the Temporary Outdoor Expansion Program permits for private property businesses to May 31, 2025. This extension is intended to provide businesses with a one-year transition period to obtain their permanent approvals once the updates to the proposed policy are in effect.

The following staff report and recommendation applies to the permitting process for outdoor seating on private property only.

DISCUSSION
Existing and proposed processes
The Zoning Ordinance currently allows restaurants to create outdoor seating areas on private property with approval of an Administrative Use Permit and Design Permit, a process that requires over seven thousand dollars in permit application fees, involves a public hearing with the Zoning Administrator, and takes approximately three months from application to entitlement. Currently, design and operating requirements for an outdoor dining space are reviewed case by case, based on the findings for these two permits. The proposed process would allow both eating and drinking establishments (restaurants and bars) to create outdoor seating areas through a more streamlined process.

Under the proposed process, outdoor seating areas would not require an Administrative Use Permit if they are consistent with the proposed operational standards and would not require a Design Permit if consistent with proposed design standards. Therefore, an outdoor seating area that meets all standards would skip the discretionary process altogether and proceed with a building permit.

A business seeking to create an outdoor seating space that does not fall within these standards would be required to obtain an Administrative Use Permit and/or Design Permit for approval.

As for the building permit process, basic outdoor seating spaces that are 300 square feet or less in size and do not include any permanent overhead structures, permanent furniture, or permanent heaters are proposed to undergo a simple building permit review with reduced fees based on hourly review time. Outdoor seating areas greater than 300 square feet or that include one of the permanent fixtures listed above would require a standard building permit review that includes a review of occupancy and fixture counts. Standard building permit review fees would apply and vary based on criteria such as square footage, size of an overhead structure, or, in certain instances, contract bid amount. In addition, a simple building review would have a shortened review timeline of five to 10 working days compared to the 10-to-15-day standard review timeline.

These proposed changes to the permitting process will not only ease the transition for businesses with temporary outdoor seating areas but will also streamline and standardize the creation of new outdoor seating spaces in the future.

Proposed Operational Standards
The proposed operational standards consider the potential impacts of an outdoor seating area on the surrounding area with the intent to curb potential issues related to safety, noise, cleanliness, alcohol consumption, and compatibility with surrounding uses. The standards limit outdoor seating hours to no earlier than 8 a.m. and no later than 10 p.m., which is consistent with the City’s noise ordinance and supports compatibility with any nearby residential uses. The operational standards for alcohol service mirror those typically required for indoor alcohol serving establishments while

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also including criteria specific to outdoor use, for example requiring signage indicating alcoholic beverages must be kept within the seating area. Other operational standards require the seating and surrounding area to be maintained in a clean condition; require the seating area to be used only in conjunction with the associated eating or drinking establishment; require the seating area to maintain an appropriate noise level and not create any other nuisances; and require security measures such as installing security cameras and lights, filing a trespass letter with the police department, and active monitoring of the seating and surrounding areas. Additional analysis of the City’s entertainment standards will be taking place through a separate forthcoming process.

Proposed design standards
Design standards seek to ensure that outdoor dining patios have a quality design that is compatible with the surrounding area and interacts well with the pedestrian environment. These standards regulate the height and material of the outdoor seating area enclosure so that patios have a quality design compatible with the existing site and so that they will interface well with the public view.

Patio furniture must be of good quality and be compatible with the design of the associated building and site. Patio covers open to the elements above have a simpler review, whereas solid patios must be considered as roofs, which have more stringent requirements under state building and fire codes.

Advertising signs are not allowed. The outdoor seating area must be lit, and the standards regulate the brightness and height of lighting and require lighting to stay on the subject property.

Landscaping standards support an aesthetically pleasing design that interacts well with the public right-of-way. Since many patios result from the removal of on-site parking, the resulting parking lot must meet parking and driveway design standards to ensure the resulting parking lot continues to be functional.

Removal of parking spaces
Several of the temporary outdoor seating areas are located within the parking lot of the associated establishment. Passage of AB 2097 and the resulting local parking regulation amendments to the zoning ordinance removed the parking requirement for most businesses within half a mile of a major transit stop, which covers most areas of the city. However, a few areas, such as the commercial node around the intersection of Seabright Avenue and Murray Street, do not fall within this parking exemption area. This node includes several businesses with temporary outdoor seating areas within the parking lot for the business. Therefore, to allow these temporary spaces to become permanent, as well as future outdoor seating spaces more than a half mile from a major transit stop, the proposed amendments include amending the parking requirements to allow any private property outdoor seating area citywide to be established without having to replace parking removed for the seating area. The proposed amendment would also require any spaces removed to be replaced with bicycle parking at a ratio of six bicycle spaces per vehicle space removed, and/or for the business to enroll in the City’s non-automobile use program.

Coastal Act and Local Coastal Program Consistency Analysis The proposed amendments to outdoor seating regulations are consistent with the implementation of several LCP policies that encourage development design to be compatible with the surrounding area, to preserve and enhance public views, to encourage compatibility between commercial and residential uses, enhance pedestrian and visitor experience, and promotes the use of alternative transportation over automobiles.

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The proposed design standards support the goals of neighborhood compatibility and enhancement of public views the following policies by creating specific design criteria that will regulate the scale, design, and public view of outdoor seating areas:
 Community Design Element 1.1.2. Develop design criteria to ensure compatibility of infill development with existing neighborhoods and proposed development patterns (including intensities and land uses.) (See policies under CD 4.3)  Community Design Element 2.1.3. Protect the Monterey Bay National Marine Sanctuary and the shoreline and views to and along the ocean, recognizing their value as natural and recreational resources. (See policies under EQ 2.1, EQ 4.1 and L 3.7.)  Community Design Element 2.2. Preserve important public views and viewsheds by ensuring that the scale, bulk and setback of new development does not impede or disrupt them.
 Community Design Element 3.6. In pedestrian areas, require building design to be responsive to the pedestrian environment. These areas include but are not limited to Downtown, South of Laurel, the Beach, wharf, shoreline, and commercial shopping areas.  Land Use Element 1.6. Minimize, when practical, obstruction of important views and viewsheds by new development. In the Coastal Zone, development shall be sited and designed to and along the ocean and in scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and to restore visual quality in visually degraded areas. (See policies under CD 2.2.) Proposed use standards consider the potential for outdoor seating areas to be located adjacent to residential uses, and standards place limitations on hours, noise, cleanliness, and safety to help these spaces be compatible with residential uses consistent with Land Use Element policy 2.4.3.  Land Use Element 2.4.3. Review Zoning Ordinance provisions and establish guidelines for buffers between commercial and adjacent residential uses and where separation of traffic and parking from residential uses is not feasible provide guidelines for cooperation between uses.

Regarding the visitor experience, Land Use Element 2.7.2 seeks to improve commercial areas to encourage year-round visitation, and well-designed and regulated outdoor seating patios will help to achieve this goal. Land Use Element policy 2.7.3.3 seeks to prioritize visitor-serving uses such as restaurants in the Seabright Avenue-Murray Street commercial node, and the proposed regulations will support the existing restaurants in this area to streamline their transition from temporary outdoor seating areas to permanent.
 Land Use Element 2.7.2. Improve the character and quality of visitor-serving commercial areas to encourage more off-season and overnight visits. (See policies under goal ED 5)  Land Use Element 2.7.3.3. Within the Seabright/Murray Street neighborhood commercial designations, give priority to commercial uses that also serve visitors to Seabright Beach such as food markets, eating establishments, and marine-related hardware stores.

Regarding parking and alternative transportation, eliminating existing parking spaces for an outdoor seating area will make the land use more pedestrian- and transit-oriented, as supported by Land Use Element policy 5.3. The proposed parking variation requires a site that removes automobile spaces to be replaced with additional bicycle parking or to enroll in the City’s nonautomobile use program, consistent with Circulation Element policy 6.4.6.

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5  Land Use Element 5.3. Provide for high-density development and mixed uses, where appropriate, as well as transit- and pedestrian-oriented land use patterns to reduce dependence on the automobile and support the use of mass transit and other alternative transportation modes. (See Policies L 2.9, H 5.3.2 and H 5.4.)  Circulation Element 6.4.6. Consider a reduction in parking requirements for employers, developments, businesses and major destination centers implementing effective alternative transportation programs. (See policies L 5.6, C 6.4.6)

COMMUNITY OUTREACH
Due to the impacts of this policy on participating businesses and on residential areas near outdoor seating areas, staff developed a thorough outreach program for both the general public and permit holders. Following three internal subcommittee meetings between staff and City Council, the engagement process began in September 2023. The first included the subcommittee and staff meeting with a small group of businesses whose early conversations with City Council were part of the formation of this subcommittee. This step was followed by a community meeting for residents in close proximity to temporary outdoor seating areas to share input on the proposed ordinance, and a meeting with all active permit holders to collect feedback from the business community.

Residents in close proximity were made aware of this community meeting through noticing to those within a 200 ft distance of one of the following temporary permit holders: Brady’s Yacht Club, La Posta, and Bantam – these establishments were selected due to their immediate proximity to residential zoning. Additionally, the community at large was noticed through social media posts via Instagram and Facebook as well as staff contacting those who had expressed concerns about the impacts of temporary permits. This first meeting held the evening of Monday, September 11th, had 23 attendees including three temporary permit holding businesses. Over the course of the meeting attendees were given a presentation by staff about the proposed new permitting process and were invited to complete a survey following the presentation. Additionally, the subcommittee gave attendees the opportunity to speak to their distinct experience and provide any ideas on conditions of use they saw as pertinent to the success of outdoor seating both in use and reduction of impact.

The community survey was available from Monday, September 11 through Friday, September 22 and received 508 responses. The highest number of survey takers were those in the Seabright/Midtown/Eastside area, 197 responses, or 39% of survey takers. Survey responses largely were in support of outdoor dining. In general, those surveyed expressed support for a continuation of all outdoor programs and urged that any process developed by the City be affordable and streamlined for businesses to continue. Of the total respondents, 61% of survey takers noted that they had “no concerns” about outdoor dining on private property. Among those who expressed concerns, the impacts of noise, live entertainment, hours of operation, the loss of neighborhood parking due to seating areas occupying portions of previously designated parking lots and impacts of delivery vehicles blocking neighborhood street were broached. According to the survey, hours of operation and noise were overall the highest-level concerns; in addition to design and aesthetics, trash and safety/disorderly conduct were ranked lowest.

A meeting was also held for temporary permit holders, on the morning on Wednesday, September 13th, and had twelve total attendees. The 21 permit holders had been notified of the meeting via

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6 email and the meeting information was posted on the project page on the City website. Over the course of the meeting business owners were given a presentation by staff about the proposed permitting process and were invited to participate in an open forum about the potential conditions of approval. Though many businesses expressed concern about the need for permits, all shared that they planned to proceed with making their patios permanent. Following the meeting discussion, attendees were invited to complete a survey on the presentation to provide more information about different aspects of the outdoor seating policy like operating hours and the most important elements of outdoor dining to their business. All permit holders were sent the presentation and survey to complete following the meeting. The permit holder survey received 11 responses, permit and construction costs were ranked as the highest concern, followed by building code required upgrades while noise control and entertainment permits were listed as lowest priority. Of the responders, 8 said they planned to proceed with the permitting process to apply for permanent outdoor seating, one said no, and two did not respond. The following feedback from this initial meeting was incorporated in the proposed new permitting process by staff. This includes the development of a guidebook to lead businesses through the process, define the design standards that will be required, and provide an overview of the reduction of total permits required.

Revised Approach Based on Community Feedback
Following feedback from businesses and community members, the subcommittee and staff began work on revisions to the proposed permitting process to further streamline and reduce the costs and timeline required for transitioning to permanent approval. Over the course of six months, staff conducted comprehensive research, including contacting other cities to learn about their processes, and researching city and state policies. These revisions included the removal of Planning Permits for conforming projects and the conception of the hourly Building Permit process vs. the standard Building Permit process for qualifying projects.

On March 13, 2024, the Subcommittee on Outdoor Dining hosted a community meeting to update businesses and residents on the proposed changes and streamlining of the permit process and to give feedback to the City Council Subcommittee and City staff. In preparation for this meeting stakeholders were sent the draft operational standards, draft development standards, and draft guidebook on the proposed new permitting process to review. Noticing for this public meeting involved notifying the 21 temporary permit holders in addition to the list of survey respondents, past meeting attendees, and all others that asked to be updated on this process.

Business owners and other stakeholders were given one week from this meeting date to further review the draft materials and to provide any feedback. Staff received two emails from the community voicing support for the continuation of outdoor dining generally and received feedback from three business owners. The primary feedback provided by these operators were concerns about the potential cost of some of the requirements, such as the installation of security cameras and the overall cost of working with an architect to develop the required plans needed to submit for a building permit. An additional concern was raised over the potential that additional building improvements (such as additional restrooms) could be triggered by the increase in occupancy from the outdoor seating area.

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7 NEXT STEPS
If recommended by the Planning Commission, this item will be scheduled for a hearing with the City Council in May. Two readings are required, and if approved by the City Council, the ordinance would become effective outside the Coastal Zone 30 days after the final approval by the City Council. Because portions of the proposed ordinance are part of the Local Coastal Program Implementation Plan, Coastal Commission approval will be required prior to the ordinance taking effect inside the Coastal Zone. Planning staff will submit the ordinance to the Coastal Commission for review following final approval by the City Council.

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 proposed changes to private property outdoor seating regulations support the HiAP strategy as these revisions support the creation of accessible spaces that promote the efficient and sustainable reuse of land, outdoor activity, community gathering, and also help support local businesses. Therefore, the proposal is consistent with the three pillars of the HiAP.

ENVIRONMENTAL REVIEW
The zoning code amendments fall within the analyzed development potential in the City’s existing 2030 General Plan EIR using the existing zoning and General Plan and, therefore, pursuant to Section 15183 of the California Environmental Quality Act Guidelines, no further environmental review under the California Environmental Quality Act (CEQA) is required. Additionally, the amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3) as a project that, with certainty, does not have an effect on the environment.

Submitted by:

Clara Stanger
Senior Planner – Advance Planning
Josephine Buchanan
Economic Development Coordinator
Approved by:

Matthew VanHua
Principal Planner – Advance Planning
Rebecca Unitt
Economic Development Manager
Attachments:

1. Proposed Ordinance, Strikeout/Underline

2. Proposed Operating Standards

3. Proposed Design Standards

4. Draft Guidebook for Establishments

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING OPERATING STANDARDS • The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m. seven days a week.
• The outdoor seating area shall be permitted only in conjunction with the establishment that is operating in the associated building and to which the outdoor seating area is appurtenant.
• The outdoor seating area and all its contents shall at all times be maintained in a clean and attractive condition.
• 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.
• Operator shall be responsible for maintaining the outdoor seating area and any surrounding property under control of the operator free of litter. • No “live entertainment” or “incidental live entertainment” as defined in section

24.12.1100(a)(4) and (5) of the Santa Cruz Municipal Code is allowed unless expressly permitted through another process such as an entertainment permit or use permit.

Limited outdoor entertainment may be permitted for no more than three consecutive days or five days per year subject to the provisions of 24.12.195.5. • All uses shall operate in conformance with chapter 9.36 of the Santa Cruz Municipal Code (noise).
• Amplified sound shall only be permitted outside of the building when set to a low volume for ambient background music.
• Barbeques, grills, stoves, or other outdoor cooking appliances shall not be located within the outdoor seating area.
• Any major public special events on the premises shall be conducted in accordance with chapter 10.64 of the municipal code, with requisite permit applications being filed in accordance with the timelines outlined therein.
• The outdoor seating area shall be closed to the public when the business is closed to prevent trespassing and/or criminal behavior.
• Prior to issuance of a building permit, the applicant, in conjunction with the property owner, shall submit a maintenance and management plan to address potential nuisance impacts associated with interior/exterior areas adjacent to the tenant space outlining measures to address trash/litter removal, graffiti, landscape maintenance, abandoned vehicles, and noise and loitering, subject to approval by the Planning Director or designee.
o The management plan shall assign a “Neighbor Liaison” staff to provide a single point of contact between the use and neighbors and City staff. • Unless otherwise authorized by the City, all parking spaces and delivery zones shall be continuously maintained on the site in a condition that allows access by customers, vendors, and employees of the use.

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING OPERATING STANDARDS • Prior to occupancy of the outdoor seating area, the applicant shall file a trespass letter with the Santa Cruz Police Department (SCPD) in accordance with Santa Cruz Municipal Code section 9.60.012 providing SCPD the authority to remove trespassers on the premises when closed to the public.
• Final building plans shall include exterior security lights that provide coverage for the entire outdoor seating area while meeting the performance standards in the Zoning Ordinance.
• Final building plans shall include exterior security cameras that provide 360-degree coverage around the perimeter of all egress and ingress into the outdoor seating area.

The security camera system shall have the capability to provide the recordings to police within 24 hours and have the capacity to store video for a minimum of 30 days. • For establishments approved to serve alcohol:
o All local, state and federal laws, rules and regulations applying to the sale and consumption of alcohol shall be complied with.
o Alcoholic beverages shall only be consumed on alcohol licensed premises under the control of the licensee(s).
o At all times when the premises is exercising the privileges of their alcohol license, an employee of the premises shall enter and monitor the activity within any outdoor patio area(s) on a regular basis, but no less than once every thirty (30) minutes.
o A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s), which shall state, NO ALCOHOLIC BEVERAGES BEYOND THIS POINT. Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch height.
• An Administrative Use Permit must be obtained to deviate from any of these operating standards.

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING DEVELOPMENT STANDARDS 1 Building Permit Process: Size

1. An outdoor sea�ng area that does not exceed 300 square feet qualifies for an hourly building permit review.

2. Outdoor sea�ng areas exceeding 300 square feet must be evaluated through a standard building permit review that includes evalua�on of occupancy and fixture counts.

A design permit is not required for an outdoor seating area that meets the following development standards:

Perimeter fencing

1. The outdoor sea�ng area facing a public right-of-way and within 20 feet of the public right-ofway or located between the building line and the public right-of-way shall be delineated from the public right-of-way by a barrier consis�ng of railings, fences, planter boxes, or a combina�on of railings, fences, or planter boxes that are three feet six inches in height (42”). a. Excep�on: a wind barrier may be installed on top of the perimeter fencing facing a public right-of-way and may extend above the three-foot-six-inch height limita�on up to six feet from grade. The en�re enclosure fence/wall shall be set back from the property line at least three feet.

2. For sea�ng areas approved to serve alcohol, the top of the enclosure fence/wall facing a public area shall be topped with a surface that is not flat or that is narrow enough to prevent alcoholic beverage placement.

3. The perimeter fencing for any por�on of an outdoor sea�ng area facing the public right-of-way and located more than 20 feet from the right-of-way, behind the front line of the building, in the exterior side yard, or in the rear frontage of a double frontage lot described above shall have a height no greater than eight feet, with any por�on of the fencing above three and a half feet having an open architectural, decora�ve, or ornamental feature such as la�ce or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.

4. The perimeter fencing for any por�on of an outdoor sea�ng area located behind the building and not facing the public right of way shall have a height no greater than eight feet, with any por�on of the fencing above six feet having an open architectural, decora�ve, or ornamental feature such as la�ce or other similar design or material. “Open” means that no more than 50% of the design shall be opaque.

5. Notwithstanding sec�ons i. through v., perimeter fencing within the Coastal Zone shall be visually transparent above 3.5 feet when within the public line of view of the ocean.

Deck structures and raised platforms

1. All commercial decks accessible to customers must be consistent with 18.06.060 Commercial Decks and/or Pla�orms and 24.12.120 Projec�ons into Required Yard Areas, Setbacks and Easements.

2. Decks must provide accessible access such as ramps.

3. Decks or raised pla�orms at 30” in height or more above adjacent grades require guardrails.

4. There must be an even transi�on between the sidewalk or ground level path and the deck/pla�orm.

5. The deck/pla�orm must have a slope less than 1:48.

6. The deck/pla�orm entrance must be at least 48 inches wide.

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING DEVELOPMENT STANDARDS 2 Furniture

1. An outdoor seating area shall include appropriate outdoor furniture including seating, tables, and trash and recycling receptacles.

2. All furniture shall be durable, well maintained, and of a high quality, suitable for outdoor use.

3. Accessible seating is required to be identified on the site or floor plans pursuant to California Building Code sections 11B-221 & 11B-226. Accessible seating and tables must comply with California Building code section 11B-226 dining facilities.

4. Portable outdoor heaters are allowed with appropriate permitting and inspection by the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05. a. All heaters shall be listed and approved by UL, FM or other approved testing agencies. b. Propane heaters shall not be placed under any flammable materials such as umbrellas and shade sails and may only be used with proper spacing and a permit from the fire department pursuant to Santa Cruz Municipal Code Chapter 19.05. c. Only UL-listed and approved portable outdoor gas-fired heating appliances (propane heaters) utilizing a fuel gas container that is integral to the appliance shall be used. d. Propane heaters shall not be located beneath, or closer than 5 feet to combustible decorations and combustible overhands, awnings, sunshades, or similar attachments. e. Propane heaters shall not be located within 5 feet of exits or exit discharges. f. All heating elements must be properly rated for outdoor use.

Overhead structures

1. Overhead structures including but not limited to roofs, patio covers, awnings, shade sails, or fixed umbrellas require a full Building Permit review that includes evaluation of occupancy counts and fixture counts.

2. Types of Overhead Structures:
a. Umbrellas
i. Fixed umbrellas include large umbrellas that typically cover multiple tables or large seating areas. The canopy of a fixed umbrella may be collapsible to be stowed when not needed for sun or rain protection but the umbrella structure itself cannot be removed due to the support post being permanently attached to the floor of the seating area.
ii. Moveable umbrellas include market or bistro style umbrellas that typically cover one table. Moveable umbrellas typically consist of a canvas umbrella material attached to a pole in the middle and will fit through the hole in an outdoor dining table. Moveable umbrellas may also be cantilevered and attached to a weighted base that can be moved away for storage when not needed. b. Roofs are overhead structures that are constructed of a solid material that does not allow sunlight or the elements to come through.
i. Roofs shall be constructed of wood, metal, or other high-quality and fireresistive materials. ii. Roofs may require fire prevention devices such as sprinklers or sufficient distance from the building as required by Building and Fire codes. c. A patio cover is an overhead structure, such as a pergola, that consists of rafters that are open to allow sunshine and the elements to come through. i. Patio covers shall be constructed of durable materials including but not limited to wood or metal.

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING DEVELOPMENT STANDARDS 3 ii. Patio covers shall be overhead only without sides in order to allow full visibility into the space.
iii. Patio covers shall preserve and maintain visibility through the patio space and allow some passage of light from the open sky to the patio space. d. A shade sail is a flexible fabric tensioned between several anchor points on a pole, roof, or a wall. A shade sail is defined as a permanent overhead structure because the anchor points must be fixed in place.
e. An awning is an overhead structure attached to the exterior of the building and extending over the outdoor seating area without support columns. Awnings are typically constructed of a sheet of canvas or other material stretched on a frame or can be a thin metal sheeting attached to a frame to provide shade or protections from rain over the seating area. Awnings can either be retractable or fixed. Awnings that incorporate support columns are considered canopies.

3. Temporary membrane structures, including but not limited to tents and canopies, are not allowed.

4. The height of the overhead structure shall not exceed 15 feet and shall maintain a minimum of eight feet clearance from grade to the bottom of the overhead structure.

5. Overhead elements such as support posts for lighting, string lights, portable heaters and umbrellas shall provide a minimum vertical clearance of seven feet.

6. Awning and shade sail materials shall meet NFPA 701, CPAI-84 standards. All overhead structures should maintain the outdoor nature of the patio as much as possible.

7. Impervious areas (such as permanent outdoor eating area roofs) could be subject to the City's Stormwater Requirements. Plan sheets/submittals shall demonstrate that the project will meet the requirements in Chapter 6B of the City's Best Management Practices Manual-Storm Water BMPs for Private and Public Development Projects.

Lighting

1. Outdoor seating areas shall be lit.

2. Lighting, if overhead, shall be a minimum of 10 feet overhead, no taller than the height of the building, and in no case more than 15 feet above grade.

3. Lighting shall be downlit, fully shielded, and shall not be directed off site. Lighting shall illuminate only the outdoor seating area.

4. Lighting shall not blink, flash, flicker, or change intensity.

5. Individual exterior luminaires shall not exceed 1,260 lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed 3000 Kelvin.

6. Posts for overhead lighting shall be adequately secured and can be incorporated into perimeter fencing.

7. All lighting shall be properly rated for outdoor use.

Materials

1. Materials and colors of paving, perimeter fencing, chairs, tables, display stands, lighting, umbrellas, awnings, and other furniture and fixtures shall be compatible with the exterior materials and colors of the building to which the outdoor seating area is appurtenant.

2. Materials for outdoor seating areas located within an area or specific plan shall be consistent with all applicable design standards of that plan and outdoor seating areas on sites subject to the objective design standards pursuant to 24.12.185 shall be consistent with the standards pursuant to 24.12.185.16.a.

3. Materials shall be specifically intended for outdoor use or that are proven durable.

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PROPOSED PRIVATE PROPERTY OUTDOOR SEATING DEVELOPMENT STANDARDS 4 a. Use materials that can withstand wind, rain, and solar exposure. b. Utilize non-corroding metals or protective coatings. c. If wood is used, ensure it is finished.

4. Avoid lightweight materials that appear temporary and will deteriorate quickly such as plastic chains, plastic buckets and other similar materials.

5. Barbed wire, razor wire, and chain link fences shall not be permitted.

6. Perimeter fencing adjacent to parking stalls shall include reflective materials.

7. A wind barrier shall be constructed of transparent materials, such as acrylic or plexiglass.

8. Materials for umbrellas shall meet NFPA 701, CPAI-84 standards.

Signage

1. Signage or other advertising matter shall not be installed on or within the outdoor seating area except for the following required signage:
a. For establishments approved to serve alcohol pursuant to Chapter 24.12, Part 12:
i. Signage as required by the California Department of Alcoholic Beverage Control.
ii. A sign shall be posted in a conspicuous space at the entrance/exit points of any outdoor patio area(s) onto any public area(s) that shall state, “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.”  Said sign shall measure no less than seven inches by eleven inches (7 x 11) and contain lettering no less than one (1) inch in height.
b. Signage providing notice of private property/no trespassing with a size no greater than one square foot in area.
c. Accessibility and directional signage as required by the building code section 11B-216 Landscaping

1. On sites subject to the objective design standards pursuant to 24.12.185, placement of a patio facing any public frontage shall not reduce landscaping along that frontage to less than 12 square feet of planted area for each 30 linear feet of building frontage counted by rounding up to the next increment of planted area, consistent with 24.12.185.8.b.

2. Consistent with objective design standards for mixed use projects pursuant to 24.12.185, the seating patio shall be set back at least five feet from the rear property line when the site is 100 feet or greater in depth and abut a residentially zoned parcel at the rear property line to allow for a landscaped buffer, consistent with 24.12.185.8.b.iii.

3. Where the enclosure fencing exceeds three and a half feet in height to provide for a wind barrier, the entire fence shall be set back at least three feet from the public right of way and the setback shall be fully landscaped.

4. Where possible, utilize existing site landscaping for shade and to add visual interest.

5. Trees or hedges shall not be located within perimeter walls when adjacent to a public right of way.

6. Any planter boxes or permanent landscape elements shall be integrated into a patio by:
a. Adding landscaping to the perimeter enclosure, or
b. Adding freestanding plantings within a patio space, or c. Adding landscaping to a building wall that frames a patio space.

Parking and driveway

1. When an outdoor seating area includes conversion of any part of an existing parking lot, the following shall apply:

31.109

PROPOSED PRIVATE PROPERTY OUTDOOR SEATING DEVELOPMENT STANDARDS 5 a. The resulting parking lot shall meet all parking and driveway design standards pursuant to 24.12.280 and all applicable off-street loading facilities standards pursuant to

24.12.295.
b. The site shall provide adequate bicycle parking spaces pursuant to 24.12.250. c. Trash enclosures and refuse pick up locations must remain accessible for service.

2. The outdoor seating area shall not be located within the clear corner triangle as defined in section 24.22.202. Clear vision areas shall be protected on driveways and corner lots pursuant to

24.22.206.

3. Outdoor seating areas adjacent to a driveway shall be designed in accordance with AASHTO Green Book sight distance standards.

31.110

PRIVATE PROPERTY

OUTDOOR SEATING

GUIDEBOOK
cityofsantacruz.com/privatepropertyoutdoordining

CITY OF SANTA CRUZ
Prepared by:

City of Santa Cruz
Economic Development &
Housing Department
Planning & Community
Development Department
Published: TBD
DRAFT 4/8/24 31.111
No Use Permit Required
Outdoor Seating Allowed “By
Right”
Building Permit Required
Two paths for review
Hourly Review -
moveable furnishings, no
overhead structures, 300
SF or less in size
Standard Review -
permanent furnishings,
overhead structures,
seating area over 300 SF
Parking replacement not required
The Temporary Outdoor Expansion Program began as an
emergency ordinance to allow businesses to quickly and
easily set up operations outdoors throughout the pandemic.

In the years since, al fresco dining has become an incredible success for businesses and residents to enjoy. In response to the widespread success of this program the City has been working to create a streamlined process for permanent
approval of outdoor seating on private property.

This guidebook was developed to serve as a companion to this streamlined process. Within this new process you will be able to explore two different outdoor seating scenarios and decide which path is best for your business. These two approaches are differentiated by the scale of the outdoor seating area and the addition of certain permanent elements such as overhead structures.

Below you can explore the two approaches to permit
approval - hourly review or standard building review - in addition to learning about the operating and development standards to make your space a safe and comfortable
experience for your patrons.

Streamlining the
Approach

SUMMARY OF STREAMLINING
DRAFT 4/8/24 31.112
Design Elements &
Review Process Hourly Review Standard Review
Scale 300 SF or Less Greater than 300 SF
Overhead Structures
(Shade Sails, Awnings, Patio Covers, Fixed
Umbrellas)
X Yes
Moveable Furniture
(Tables, chairs, portable heaters, cafe umbrellas) Yes X Moveable Heaters Yes X
Permanent Heaters X Yes
Occupancy and Fixture Count Review Required No Yes
If the outdoor seating area includes any items that qualify for the Standard Review process, then the entire seating area must comply with those review requirements.

Review Process
Comparison
DRAFT 4/8/24 31.113

MOVABLE TABLES & CHAIRS

MOVABLE UMBRELLAS & HEATERS
SCALE
All furniture shall be durable, well maintained, and of a high quality, suitable for outdoor use. Use materials that can withstand wind, rain, and solar exposure.

The outdoor seating area shall not exceed 300 square feet to qualify for hourly building permit review.

Moveable umbrellas shall provide a minimum vertical
clearance of seven feet.

Moveable umbrellas include market or bistro style umbrellas that typically cover one table.

Moveable umbrellas may also be cantilevered and attached to a weighted base that can be moved away for storage
when not needed
Portable outdoor heaters are allowed with appropriate
permitting and inspection by the fire department.

Hourly
Review
Outdoor seating areas that qualify for the hourly review process are those that meet the below criteria.

The Building Permit application will be reviewed through the City’s Building division on an hourly basis.

Qualifying designs for hourly building permit review include:

PERIMETER FENCING
Perimeter fencing must be installed for any business serving alcohol.

Fences may not exceed 7 feet in height to qualify for the hourly review process. DRAFT 4/8/24 31.114

DEVELOP YOUR DESIGN

SUBMIT FOR BUILDING PLAN REVIEW

BUILD OUT PHASE
Prepare your site plan for submittal to the Building Counter.

Site plans must include:

Accurate measurements of outdoor seating area
Accessible seating and pathways
All furnishings and materials to be used
Submit the building permit application and plans for review Hourly review will be conducted by Building primarily
and will include Planning, Fire, Public Works, and Police if needed.

Permit is issued after any necessary revisions are made.

Applicant can begin build out of outdoor seating area
or make any needed changes to the temporary
outdoor seating area based on approved plans for
permanent installation.

Hourly
Review
Permitting Process
BEGIN OPERATIONS!
After final inspections and sign off on the building
permit you are set to begin permanent operation of
the outdoor seating area.

Timeline for Hourly Review:

Application Review -
estimate of 1 to 2 hours
plan review
Comments returned to
applicant and applicant
resubmits revisions if
needed (1-2 hour review
again)
Estimate of 1 week
turnaround time
DRAFT 4/8/24 31.115

TABLES & CHAIRS

OVERHEAD STRUCTURES
SCALE
Furniture can either be permanently installed or moveable and shall be durable, well maintained, and of a high quality, suitable for outdoor use. Use materials that can withstand wind, rain, and solar exposure.

The outdoor seating area exceeds 300 square feet and must take into account occupancy and fixture count requirements.

Seating area may include permanent overhead structures
including but not limited to:

Awnings - attached to the exterior of the building and
extending over the outdoor seating area without support columns
Patio Covers - overhead structures such as a pergola that consist of rafters that are open to allow sunshine and the elements to come through
Fixed Umbrellas - cannot be removed due to the support
post being permanently attached to the floor of the seating area
Shade Sails - is defined as a permanent overhead structure because the anchor points must be fixed in place
Roofs - overhead structures that are constructed of a solid material that does not allow sunlight or the elements to come through
Standard
Review
Outdoor seating areas that qualify for the standard review process are those that meet the below criteria. The Building Permit application will be reviewed through the typical building permit review process. Outdoor seating areas that include any of the following items will qualify for standard building permit review.

Fences over 7 feet in height require building permit review Overhead gas or electric heaters - shall be properly rated for outdoor use
DRAFT 4/8/24 31.116

SUBMIT FOR BUILDING PLAN REVIEW

DEVELOP YOUR DESIGN

BUILD OUT PHASE
Hire a licensed design professional to prepare your site plan for submittal to the Building Department. Site plans must include:

Occupancy calculations
Accessible seating and pathways
All furnishings and materials to be used
Your design professional submits the building permit
application and plans for review
Building permit review will be conducted by all
departments including Building, Planning, Fire, Public
Works, and Police
Permit is issued after any necessary revisions are made Applicant can begin build out of outdoor seating area
or make any needed changes to the temporary
outdoor seating area based on approved plans for
permanent installation.

Standard
Review
Permitting Process
BEGIN OPERATIONS!
After final inspections and sign off on the building
permit you are set to begin permanent operation of
the outdoor seating area.

Plumbing fixture counts
Engineering for overhead
structures
Timeline for Standard Review:

Application Review - 15
working days
Comments returned to
applicant and applicant
resubmits revisions if
needed
Estimate of 3 week
turnaround time for first
review
DRAFT 4/8/24 31.117
Final building plans shall include exterior security
cameras that provide 360-degree coverage around
the perimeter of all egress and ingress into the
outdoor seating area. The security camera system
shall have the capability to provide the recordings to
police within 24 hours and have the capacity to store
video for a minimum of 30 days.

Amplified sound shall only be permitted outside the
building when set to a low volume for ambient
background music.

No “live entertainment” or “incidental live entertainment” is allowed unless expressly permitted through another
process such as an entertainment permit or use permit.

Limited outdoor entertainment may be permitted for no
more than three consecutive days or five days per year.

FULL OPERATING STANDARDS
Alcoholic beverages shall only be consumed on alcohol
licensed premises under the control of the licensee(s).

Operating Standards
Highlights

ABC LICENSING

HOURS OF OPERATION

SECURITY
The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m. seven days a week.

SOUND

MAINTENANCE
The outdoor seating area and all its contents shall at all times be maintained in a clean and attractive condition.

Review the full operational requirements here, variation from these standards is permissable but requires a use
permit.

Read the full standards here DRAFT 4/8/24 PLACEHOLDER

31.118
Outdoor Seating Design
Standards Components

SIZE & LOCATION

DECKS & RAISED PLATFORMS

OVERHEAD STRUCTURES

LIGHTING

PERIMETER FENCING

MATERIALS

SIGNAGE

LANDSCAPING

PARKING & DRIVEWAY STANDARDS
DRAFT 4/8/24 31.119
Components of an outdoor space - hourly review
Style and design
components of outdoor
seating are consistent with
the structure.

Landscaping elements
throughout.

Movable tables
and chairs.

Seating area is lit, but not
from overhead structure
Area does not include an
overhead structure or any
permanent features.

DRAFT 4/8/24 31.120
Components of an outdoor space - standard review Overhead structure that maintains the outdoor
nature of the patio due to
open sides.

Fixed gas or electric
heaters, properly rated for
outdoor use.
42"
42" max height of non
transparent material.

Landscaping elements
throughout
Overhead lighting
Style and design
components of outdoor
seating are consistent with
the structure.

DRAFT 4/8/24 31.121
Building Permit Preliminary Review Meeting
To assist businesses in identifying the best path for approval of their outdoor seating areas you can request a preliminary review meeting with Building staff at the Building Counter before applying for your building permit. The goal is to give you the information you need to make informed decisions about how to proceed with your project.

What do I need to prepare for the meeting?
Draft plans for outdoor seating area - can be rough sketch but should have accurate dimensions
You can submit a request for public records on the City’s website here to obtain any building plans the City may have on file for your property. For more information on this process see Appendix A in this document.

Prepare a list of specific questions for Building staff to answer while they review your proposed floor plan. This is not a plan check, you will need to formally submit plans for review in order to start the review process.

Building staff can provide an initial building permit fee estimate.

DRAFT 4/8/24
HOW DO I GET STARTED?

31.122
cityofsantacruz.com/privatepropertyoutdoordining
WHAT’S THE NEXT STEP?

PRIVATE

PROPERTY

OUTDOOR DINING

GUIDEBOOK

FOR ALL PROGRAM

INFORMATION
VISIT OUR WEBSITE!
Prepare your plans
Submit your
Building Permit application
Review the Outdoor Seating
Operating Standards.

Review the Outdoor Seating
Development Standards.

DRAFT 4/8/24
Schedule a preliminary
review meeting with Building
(optional)

PLACEHOLDER

31.123
Appendices
A. How to request building plans the City has on file for your business
B. Examples of furnishings and overhead structures and
corresponding review requirements
C. Accessibility Information - parking, path of travel, furniture requirements
DRAFT 4/8/24 31.124
Appendix A: Requesting Building Plans
Begin by reaching out to [email protected] to see if the city has building plans for your business.

If current plans exist, these can be used to determine the site’s existing occupancy count and determine if any additional plumbing fixtures and accommodation modifications will be required.

If up to date plans exist, these can be discussed at your Preliminary Meeting with building and can be used as a starting point in the development of you site plan.

Any existing plans the City has on record can be sent to you via a public records request:

Click here to complete the request form.
*Note: if there have been any building modifications made that did not go through building review, either by yourself or a previous operator, you may need to make addition modifications to your space to accommodate occupancy above 300 Sq. Ft of outdoor seating on private property. DRAFT 4/8/24

PLACEHOLDER

31.125
Begin by filling out and signing the affidavit form, on the record request webpage. *Note: if there have been any building modifications made that did not go through building review, either by yourself or a previous operator, you may need to make additional modifications to your space to accommodate occupancy above 300 Sq. Ft of outdoor seating on private property. DRAFT 4/8/24
From there, the city Planning Department will send the signed form to the property owner as well as the architect or engineer who prepared the plans to obtain authorization forms to release the plans.

The California Public Records Request Act allows for 10 calendar days to determine the identity of the signer, or provide a 14 day extension for further searching.

From here the architect/engineer has 30 days to sign off or deny the release of these plans.

If there is no response, these records will be disclosed to the requestor.

Appendix A: Requesting Building Plans
Record Request Steps:
cont.

31.126
Appendix B: Permitted Furnishings &
Overhead Structures
The following examples are a broad scope of the allowable overhead structures and furnishings for outdoor seating on private property, with notes on their corresponding review requirements. All structures and furnishings will need to be reviewed by the Building Department, who will determine the level of review required for any installation.

Umbrellas, Awnings & Shade Sails
Movable umbrellas that cover a single
table are permitted under hourly review.

Umbrellas that cover multiple tables or that are
fixed to the ground require standard build review.

This also applies to overhead awnings and shade
sails, that are permanent installations. DRAFT 4/8/24 31.127 Appendix B: Permitted Furnishings &
Overhead Structures
Not Permitted
Tents (temporary membrane structures) of any kind are not permitted.

Canopies or any overhead structure with fully enclosed sides or walls are not permitted in private property outdoor seating areas.

Patio covers shall preserve and maintain visibility through the patio space and allow some passage of light from the open sky to the patio space. All fixed overhead structures, including electric string lights, require a standard building review.

Overhead Structures
DRAFT 4/8/24
cont.

31.128
Appendix C: Accessibility Requirements
Open-air Dining and Curbside Pickup Disability Access
Considerations: This tool offers disability access tips for businesses to consider when conducting operations outdoors. This tool is not intended to be all-inclusive and should be used as a starting point for businesses to refer to for general guidance.

For further consult regarding accessibility compliance, hire a Certified Access Specialist (CASp).

Business owners can also refer to the Americans with Disabilities Act and the California Building Code for specific technical requirements to facilitate compliance.

DRAFT 4/8/24 31.129
City
Permanent Program
Created to Transition from
Temporary?
All Permits Required
Is Outdoor Dining
Adjacent to Residential
Permitted Differently?
Hours of Operation Parking Requirements SF Threshold or other limitations City of Santa Cruz yes Building permit only ‐ 300 sf or less allows for streamlined hourly review no 7am‐10pm every day no replacement parking required none ‐ building code determines allowable size County of Santa Cruz
Yes, modified codes under
Sustainability update. In
effect in fall 2024.

Administrative use permit for those adding more than 12 seats, minor use permit for under 12 seats. Must identify if this project will create an "intensification of use", or more than a 10% increase in traffic trips. Building permit is also required.
not specified not specified not specified Planning permit review level based on threshold of 12 seats City of Capitola
No, only the program for
outdoor dining in the public
right of way was
streamlined
If proposed with alcohol use this would trigger a conditional use permit. If added to an existing building requires a minor design permit, around $2,000, reviewed at the staff level. If part of new construction requires a full design permit, reviewed by planning commission, around $4,000. Both of these are deposit that is billed hourly for staff time.
not specified not specified
Outdoor dining on private property has
the same parking requirements as
indoor dining‐ 1:60 sf of dining area
not specified
City of Scotts Valley
No programs were
developed as a result of
temporary expansions from
Covid‐19 ‐ the temporary
program expired in 2022.

If a business has additional private property that is not parking only a building permit is required. New construction or the removal of parking would trigger a design review permit ($3,548) which is subject to PC review.
not specified not specified Non public use: 1 space/250 sq ft not specified City of Watsonville
The program was not
expanded, a process
already existed
A minor design review ($1,741) reviewed by the zoning administrator is required. If a business is proposing an expansion that removes more than 25% of required parking a special use permit would be required, reviewed by planning commission.
not specified not specified 25% of required parking must be maintained scale is controlled by setback and parking requirements.

City of Fremont yes
Outdoor commercial patio permit and space is limited to less than 750 sf for principally permitted uses; building permit for any permanent structures; businesses subject to conditional use permits must modify their use permits to allow outdoor dining. Approvals Run with Operator.
no not specified
no more than 4 parking spaces can be
converted to outdoor dining; no
replacement parking required
Less than 750 sf or no more than 4
parking spaces; furniture must be
removed each night when business
closed.

City of Los Angeles yes
Building permit required for outdoor seating area, separate permits required for any electrical, mechanical, or plumbing work; alcohol expansion permit through
City Planning’s Building Permit Clearance Fee plus surcharges No later than 10:30 p.m.
on Sundays‐Thursdays and
11:00 p.m. on Fridays‐
Saturdays, if abutting or
across an alley from a
residential zone
no hours of operations
limits unless near
residential
At least one parking space must be
provided, unless the restaurant
contains 3,000 square feet or less of
floor area; the outdoor dining area is
1,000 square feet or less; or as
otherwise prohibited by state or
federal law
no size limits; background music in
outdoor dining area only permitted via
a discretionary Conditional Use Permit
City of Monterey no architectural review, depending on the intensity of changes either reviewed at staff level or public hearing. and building permit. not specified not specified not specified not specified City of Pacifica yes Outdoor commercial use permit ‐ issued by Planning and requires annual renewal ‐ streamlined process for small outdoor seating areas no An outdoor commercial
permit shall only permit
outdoor commercial uses
which shall not exceed
the normal hours of
operation for the
permittee or any of the
other businesses
identified on the outdoor
commercial permit, and
shall be further limited to
the hours of 7:00 a.m. to
10:00 p.m.

Allows removal of no more than 2
parking spaces or more than ten (10)
percent of the total onsite parking
spaces, whichever is greater for private
property outdoor dining but can use
other areas that are not used for
parking if available,
no permanent structures may be
constructed; Permittee may offer live
entertainment with amplified and non‐
amplified sound between 4:00 p.m.
and 8:00 p.m. on Thursday, and 12:00
p.m. to 8:00 p.m. on Friday through
Sunday and federal holidays, as part
of the outdoor commercial permit. All
sources of sound generated from a
designated outdoor commercial area
shall be limited so as not to be audible
beyond one hundred seventy‐five
(175) feet from the limits of the
designated outdoor commercial area
at all times
City of San Bruno yes Administrative Planning Approval and building permit if necessary no not specified parking requirements remain ‐ no
offsets for outdoor dining unless
paying in‐lieu fees
no permanent structures may be
constructed 31.130
City of San Diego yes Building permit only no
For outdoor dining areas
located withing 150 feet
of a residential use,
serving alcohol, food and
beverages is allowed
between 7 am and 9 pm
Sunday through Thursday
and between 7 am to 10
pm Friday and Saturday
no replacement parking required none ‐ building code determines allowable size
City of San Jose yes
Adjustment Permit for limited hours of operation (7am‐9pm mon‐ thurs and 7am‐10pm fri‐sun) and outdoor seating areas limited to 50 occupants or 800 sf or Administrative Permit for larger areas or expanded hours of operation (6am‐12am all week)
yes, outdoor seating within
150 feet of residential
must be completely
separated by a non‐
residential building or by a
distance of no less than
100 feet including a public
street with a
Within 150 feet of
residential 7am‐9pm mon‐
thurs 7am‐10pm fri‐sun
requires adjustment perit or
administrative use permit to remove
required parking
50 occupants and 800 SF for lowest
threshold permit
City of Santa Barbara yes outdoor dining permit, building permit, design review in some instances; coastal development permit in coastal zone not specified not specified no parking required in high quality transit areas but parking modification required in other areas not specified San Luis Obispo parklets only ‐ no private property program Planning Review Process and building permit no not specified parking requirements remain ‐ no offsets for outdoor dining not specified City of Palo Alto
parklets only ‐ no private
property program. The
temporary program for
those operating on private
property ended on March
31, 2024.

31.131
Private Property Outdoor Seating
Subcommittee on Outdoor Seating
Councilmembers Brunner, Newsome, Kalantari-Johnson
Economic Development & Housing Department
Planning & Community Development Department
August 13, 2024

31.132
Background
• COVID-19 emergency permit program for outdoor dining. • Temporary permits were extended to explore permanent policies to streamline approval through the creation of the Outdoor Dining Subcommittee.
• Private property permits are currently extended through 5/31/25
• Currently 22 businesses hold active temporary permits:

Mission West Humble Sea Inc.

Brady's Yacht Club Toya Sushi
Seabright Deli Companion bakeshop
Linda’s Seabreeze Cafe MJA Vineyards
De La Hacienda Taqueria Santa Cruz Mountain Vineyard
Tramonti Woodhouse Brewery
La Posta Restaurant Shanty Shack
Bantam Parish Publick House
Beach Hut Deli Achilles by the Sea
The Jury Room Flower Bar
The Rush Inn Upper Crust Pizza

31.133
Community Outreach & Policy Development
June
2023
Sept
2023
Dec
2023
Mar
2024
June
2024
7 Subcommittee
meetings
June 2023-May 2024
3 Community
outreach meetings
Sept 2023, Mar 2024
1 Community survey
Sept 2023
4 Public hearings
April, June, August 2024

31.134
Where We Started:

Existing Process
AUP – Zoning Administrator Hearing or
SUP- Planning Commission Hearing if nonconforming
Design Permit
Building Permit
Permit Costs and Timelines:
• Use and design permits: $7,412
and 3 months
•Building permit: based on valuation
and ~3 week turn around for first
review

31.135
Initial Streamlined Process:

Not within 50 ft
of residential
zone
AUP – staff
level review
Building
Permit
Within 50 ft of
residential zone
AUP – Zoning
Administrator
Hearing
Building
Permit
Initial Streamlined Process:
•Administrative Use Permit
& Building Permit
•Different levels of review based
on proximity to residential

31.136
Proposed Process
No Planning Use or Design Permit
Cost reduction over $7,000
Removes three-month planning
permit timeline
Existing Process
AUP – Zoning Administrator Hearing or
SUP- Planning Commission Hearing if nonconforming
Design Permit
Building Permit
X
X

31.137
Proposed Process
Building
Permit
Hourly Review – 300 SF or
less and no permanent
structures
Standard Review – more
than 300 SF and
permanent structures
Permit Costs and Timelines:
• Hour Review: $142/hr fee for ~1-2
hours review and ~1 week turnaround
for approval
• Standard Review: Permit fee based on
valuation and ~3 week turn around for
first review

31.138
• Outdoor seating allowed “by right” - no use permit required • Business must comply with Operating Standards and Design Standards • Deviation from standards allowed with Use Permit or Design Permit •Parking spaces removed must be replaced with bike parking or non-automobile program participation
• Building Permit always required
• State law requires this for any private property development • Two Levels of Review:
• Hourly Review for uncovered outdoor seating areas up to 300 sf • Standard Building Permit Review for overhead structures and areas over 300 sf Revised Permit Process Proposal:

31.139
Next Steps Under Proposed Process
No discretionary permits needed – building permit only
300 SF or less & no permanent structures – hourly review • Prepare site plan of outdoor seating area – can be hand drawn • Submit to Building for hourly review – estimate of 1 week turnaround Over 300 SF and/or permanent structures – standard review • Prepare architectural plans of seating area and interior space • Calculations for occupancy, egress, and plumbing fixtures • Engineering for any applicable permanent structures
• Submit to Building for standard review – estimate of 3 week turnaround for 1st review

31.140
What other cities are doing
14 Cities Surveyed
Discretionary Permits
Required in 13 of 14
cities surveyed
City of San Diego is only
city requiring building
permit only
Residential Proximity:

San Jose & San Diego enforce hours
restrictions within 150 feet of
residential.

Limited to 9:00pm on weeknights &
10:00pm on weekends
Local Jurisdictions in Santa Cruz
County have not streamlined
permitting process for private
property outdoor seating.

Discretionary permits and parking still
required in addition to building permits.

31.141
Planning Commission Recommendations

1. Recommended Council approve the ordinance changes

2. Further recommended the City Council consider providing additional time for businesses to move into permanent approval
• Staff has prepared an extension for temporary permits to July 1, 2026

3. Requested a definition for the term “low volume” in the operating standards and to specify that when temporary restrooms are used during remodels, hand washing stations shall be provided.

4. Recommended that the City Council Subcommittee reach out to State Representatives to advocate for more streamlined regulations for outdoor seating at the State level • Staff recommends the Building Official prepare a letter for the Mayor to send to State Representatives

31.142
Staff Report Recommendations

1. Acknowledge the environmental determination and introduce for publication an ordinance amending Chapter 24.10 and Sections 24.12.190, 24.12,290, and

24.12.1108, and adding Sections 24.10.2342 and 24.12.191 to streamline permitting for private property outdoor seating areas for eating and drinking establishments.

2. Acknowledge the environmental determination and introduce for publication an ordinance amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from May 31, 2025, to July 1, 2026.

31.143
Q&A and Comments

31.144

32.1 32.2

32.3 32.4

32.5 32.6

32.7 32.8

32.9 32.10

32.11 32.12

33.1 33.2

33.3

Santa Cruz City CouncilAugust 13, 2024

Santa Cruz City Council
August 13, 2024