Agenda packet — Santa Cruz City Council, December 10, 2024 (part 6 of 7)

Exhibit E
Supplementary Provisions

1. Debarment And Suspension per Federal Executive Order 12549, 51 Fr 6370, February 21, 1986
Consultant certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 40 CFR Part 32 to participate in the Project. Suspension and debarment information can be accessed at http://www.sam.gov. Consultant represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement.

2. Debarment And Suspension per CA State Water Resources Control Board A. Contractor must not allow subcontracting with excluded parties. For any work related to this Agreement, Contractor must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program. The State Water Board’s List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml.

B. The contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000.

As such, the Contractor is required to verify that none of the Contractors, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).

C. The Contractor must comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C and must include a requirement to comply with these regulations in any subcontract.

D. If it is later determined that the Contractor did not comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment.

E. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its subcontracts.

F. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

1. The Contractor certifies, by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared negligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

2. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to the bid.

3. The Contractor also certifies that it and its principals:
a. Have not within a three-year period preceding this bid been convicted of or had a

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civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 1.07.E.3.a of this certification; and c. Have not within a three-year period preceding this bid had one or more public transactions (federal, state or local) terminated for cause or default. Where the Contractor is unable to certify to any of the above, such owner shall attach an explanation to the bid;
d. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment;
e. The Contractor shall incorporate the foregoing requirements in all subcontracts.

3. Equal Employment Opportunity
A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, ancestry, religious creed, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status . The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or

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pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. Contractor will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or Contractor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance provided; however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

H. Contractor, and its subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

I. Contractor, and its subcontractors must comply with all applicable federal civil rights regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech. (Executive Order 13798).

4. Consultant Cap
Contracts and subcontracts with firms for services that are awarded using the procurement requirements in Subpart D of 2 CFR Part 200 are not affected by this limitation unless the terms of the contract provide the City with responsibility for the selection, direction and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.10.

The salary rate (excluding overhead) paid to individual consultants retained by Consultant as a subcontractor shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices).

Information on how to calculate the maximum daily rate and the daily pay limitation is available at the Office Of Personnel Management’s Fact Sheet: How to Compute Rates of Pay and

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Sheet: Expert and Consultant Pay. Specifically, to determine the maximum daily rate, follow these steps:

1. Divide the Level IV salary by 2087 to determine the hourly rate. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85).

2. Multiply the hourly rate by 8 hours. The product is the maximum daily rate.

5. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Consultant is prohibited to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Consultant is also prohibited to purchase:

A. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

B. Telecommunications or video surveillance services provided by such entities or using such equipment.

C. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management exclusion list.

6. Lobbying Restrictions
This Agreement is subject to the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

A. By executing this Agreement, the Consultant certifies, to the best of its knowledge and belief, that:

1. No Federal appropriated funds have been or will be paid, by or on behalf of the recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Consultant shall complete and submit the linked Standard Form -- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The Consultant shall include the language of this certification in any subcontracts exceeding $100,000.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

7. Whistleblower Protections
This Agreement is subject is to whistleblower protections, including the protections established at 41 U.S.C. 4712 providing that an employee of the recipient or a subrecipient may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a covered person or body information that the employee reasonably believes is evidence of gross mismanagement of a Federal grant or subaward, a gross waste of Federal funds, an abuse of authority relating to a Federal grant or subaward, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal grant or subaward. These covered persons or bodies include:

1. A Member of Congress or a representative of a committee of Congress.

2. An Inspector General.

3. The Government Accountability Office.

4. A Federal employee responsible for contract or grant oversight or management at the relevant agency.

5. An authorized official of the Department of Justice or other law enforcement agency.

6. A court or grand jury.

7. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

Consistent with 41 U.S.C. 4712(d), the recipient and subrecipients shall inform their employees in writing, in the predominant language of the workforce or organization, of employee whistleblower rights and protections under 41 U.S.C. 4712. Additional information about whistleblower protections, including protections for such employees may be found at the EPA Office of Inspector General’s Whistleblower Protection page.

8. Access to Records
In accordance with 2 CFR 200.337, EPA and the EPA Office of Inspector General (OIG) have the right to access any documents, papers, or other records, including electronic records, of the Consultant which are pertinent to this Agreement in order to make audits, examinations, excerpts,

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and transcripts. This right of access also includes timely and reasonable access to the recipient and subrecipient’s personnel for the purpose of interview and discussion related to such documents.

This right of access shall continue as long as the records are retained.

9. Funding Agency Indemnification
To the extent permitted by law, the Consultant shall indemnify, defend, and hold harmless the State Water Resources Control Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with: (1) the Work on the Project; (2) the carrying out of any of the transactions contemplated by the Contract Documents; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Consultant for use in any disclosure document utilized in connection with any of the transactions contemplated by the Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Consultant shall also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the City, and shall cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the City in any contract or subcontract. To the fullest extent permitted by law, the Consultant agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of the Agreement.

10. Prohibition Of Trafficking, Commercial Sex Acts, Forced Labor Consultant and its subConsultants and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement.

11. Scientific Integrity Policy
Consultants and its subconsultants must comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.

25.48 ORDINANCE NO. 2024-20

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTER 6.110, SECTION 6.110.070, “PROHIBITION OF GASPOWERED LEAF BLOWERS” BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

WHEREAS, on September 13, 2022 the City Council adopted the City’s Climate Action Plan 2030; and
WHEREAS, the City’s Climate Action Plan 2030 commits the City to reducing greenhouse gas emissions by 40% from 1990 levels by 2030; and
WHEREAS, the City’s Climate Action Plan 2030 specifically identifies passing a ban on gas-powered small off-road engines, which includes gas-powered leaf blowers, by 2024; and WHEREAS, the City’s Climate Action Plan 2030, commits the City to exploring and mitigating equity impacts of electrifying and upgrading off-road equipment; and WHEREAS, the Monterey Bay Air Resources District’s (MBARD) Landscape Equipment Exchange Program (LEEP) provides financial assistance in the form of rebates to residents and businesses in Monterey, Santa Cruz, and San Benito Counties to replace gasoline-powered landscaping equipment with new zero-emission electric alternatives; and WHEREAS, recognizing the financial costs associated with switching to electric leaf blowers, the City worked with MBARD to confirm the availability of LEEP rebates for City of Santa Cruz residents and businesses; and
WHEREAS, on June 25, 2024, the City Council adopted Ordinance No. 2024-10, establishing a citywide ban on gas-powered leaf blowers with an effective date of January 1, 2025; and
WHEREAS, recent guidance from the California Air Resources Board (CARB) prohibits the availability of LEEP rebates for residents in cities with enacted bans on gas-powered leaf blowers, restricting access to LEEP rebates for City of Santa Cruz residents beginning on the ordinance effective date of January 1, 2025; and
WHEREAS, on October 15, 2024, the Health in All Policies City Council Committee reviewed the potential impacts of CARB’s recent guidance, and recommended postponing the ordinance’s effective date to July 1, 2025; and
WHEREAS, postponing the ordinance effective date to July 1, 2025 will allow the City to conduct additional research on residents’ use of gas-powered leaf blowers and their potential need for financial assistance to switch to electric leaf blowers; and

26.1 ORDINANCE NO. 2024-20
2 WHEREAS, postponing the ordinance effective date to July 1, 2025 will provide City of Santa Cruz residents an additional six months to access LEEP rebates.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:
(NOTE: All other portions of this section not included remain in force, unchanged) Section 1. That Santa Cruz Municipal Code Section 6.110.070, Effective Date, of Chapter 6.110 is amended as follows:

6.110.070 Effective Date
The prohibitions of this chapter shall become effective on July 1, 2025.

PASSED FOR PUBLICATION this 19th day of November, 2024, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

26.2 ORDINANCE NO. 2024-20
3 PASSED FOR FINAL ADOPTION this 10th day of December, 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. 2024-20 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

That I caused the attached legal notice/advertisement to be published in the Santa Cruz Good Times, a weekly newspaper published and circulated in the County of Santa Cruz, and adjudged a newspaper of general circulation by the Superior Court of California in and for the County of Santa Cruz, under Proceeding No. 68833; and that the legal notice/advertisement was published in the above-named newspaper on the following date(s), to wit:

November 27, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 27th day of November, 2024, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator

26.4 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 25th day of November, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-20, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—3.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 25th day of November, 2024, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

26.5 ORDINANCE NO. 2024-21

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 18.15 - ENERGY CODE, ADOPTING LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE, PART 6 OF THE CALIFORNIA BUILDING

CONSTRUCTION AND FIRE PREVENTION CODE
WHEREAS, The State of California has a goal to achieve carbon neutrality by 2045; and WHEREAS, The California Air Resources Board (CARB) has introduced zero-emission appliance standards with a phased implementation beginning in 2027 to reduce greenhouse gas emissions and improve air quality, with an expectation that all new space and water heaters sold in California meet zero-emission standards by 2030; and WHEREAS, The City adopted its Climate Action Plan 2030 (CAP 2030) in 2022 with a legal target to reduce emissions 40% from 1990 levels by 2030 and an aspirational target of carbon neutral by 2035, 10 years earlier than the State target; and WHEREAS, The CAP 2030 contains three measures related to existing building energy use which accounts for 24% of greenhouse gas emissions regulated by CARB, including Measure BE-2, to electrify 31% of existing residential buildings by 2030 and 53% by 2035; Measure BE3, to electrify 26% of existing commercial buildings by 2030 and 45% by 2035; and Measure BE-5 is to increase resiliency through equitable energy efficiency and local solar programs; and WHEREAS, Considering that 96% of the City’s building stock is residential and 87% of residential buildings are single family homes older than 1978, large renovations are one of the best opportunities to make improvements to single family homes resulting in reduce energy use and emissions and improved comfort and satisfaction; and
WHEREAS, Public Resources Code Section 25402.1 (h)(2) allows local agencies to adopt local amendments that are cost-effective and that require greater energy reduction/conservation than the California Energy Code; and
WHEREAS, the California Energy Codes and Standards Statewide Utility Program, has determined specific modifications to the 2022 State Energy Code for each climate zone that are cost-effective; and that such modifications will result in designs that consume less energy than they would under the 2022 State Energy Code; and
WHEREAS, staff has reviewed the “2024 Existing Building Cost-Effectiveness Study” and associated data, and find them sufficient to illustrate compliance with the requirements set forth under California Administrative Code Chapter 10-106; and WHEREAS, based on these studies, the City finds the proposed local amendments to the 2022 California Energy Code to be cost-effective and consume less energy than permitted by Title 24, Part 6; and

27.1 ORDINANCE NO. 2024-21
2 WHEREAS, the 2022 California Energy Code offers compliance options that were established through the public rulemaking process of the code update; and WHEREAS, the Council expressly declares that the proposed amendments to the Energy Code are reasonably necessary because of local climatic, topological, and geological conditions; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public comment and through a publicly noticed public hearing process; and WHEREAS, The municipal code amendments are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022, and therefore, no further environmental review under the California Environmental Quality Act (CEQA) is required; the amendments are exempt from CEQA under the general rule, 15061(b)(3), because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment; and, this ordinance is exempt per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources, since the proposed ordinance would institute regulatory requirements intended to protect the environment and natural resources.

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

Section 1. Section 18.15.040 of Chapter 18.15 of the Santa Cruz Municipal Code is hereby amended to read as follows:

18.050.040 ENERGY CODE – MODIFICATIONS.

The following sections of the code as adopted in Section 18.15.030 are hereby modified as follows:

Section 100.1(b) of the CEnC is amended to add the following:

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

MAJOR ADDITION is any change to an existing building that increases conditioned floor area by 350 or more square feet in a one-year period.

MAJOR ALTERATION is any construction or renovation to an existing structure other than a repair whose altered components cover 350 or more square feet in a one-year period.

A project that consists only of roof and/or fenestration replacement is not considered a major alteration.

NET FREE AREA (NFA) is the total unobstructed area of the air gaps between louver and grille slats in a vent through which air can pass. The narrowest distance between two slats,

27.2 ORDINANCE NO. 2024-21
3 perpendicular to the surface of both slats is the air gap height. The narrowest width of the gap is the air gap width. The NFA is the air gap height multiplied by the air gap width multiplied by the total number of air gaps between slats in the vent.

Section 130.0 of the CEnC is amended to read as follows:
a) The design and installation of all lighting systems and equipment in nonresidential and hotel/motel buildings, outdoor lighting, and electrical power distribution systems within the scope of Section 100.0(a), shall comply with the applicable provisions of Sections 130.0 through 130.6.

NOTE: The requirements of Sections 130.0 through 130.6 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 130.0 through 130.6 also apply to additions and alterations to existing buildings.

Subchapter 4 of the CEnC is amended to add Section 130.6 to be numbered, entitled, and to read as follows:
130.6 Electric Readiness Requirements for Systems Using Gas or Propane Where nonresidential systems using gas or propane are installed, construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electric heating appliance by including the following, as certified by a registered design professional or licensed electrical contractor:
a) Branch circuit wiring, electrically isolated and designed to serve all electric heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors. b) Labeling of both ends of the unused conductors or conduit that includes the terms “For Future Electrical Appliance.”
c) Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection.
d) Connected subpanels, panelboards, switchboards, busbars, and transformers that are sized to serve the future electric heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code. e) Physical space for future electric heating appliances, including equipment footprint, and if needed, a pathway reserved for routing of ductwork to heat pump evaporator(s), all of which shall be depicted on the construction drawings. The footprint necessary for future

27.3 ORDINANCE NO. 2024-21
4 electric heating appliances may overlap with non-structural partitions and with the location of currently designed gas-fueled equipment.

Section 140.0 of the CEnC is amended to read as follows:

Nonresidential and hotel/motel buildings shall comply with all of the following:
a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).
b) The requirements of Sections 120.0 through 130.6 (mandatory measures for nonresidential and high-rise residential and hotel/motel buildings).
c) Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2. for the climate zone in which the building will be located. Climate zones are shown in Figure 100.1-A.

NOTE to Section 140.0(c): The Commission periodically updates, publishes, and makes available to interested persons and local enforcement agencies precise descriptions of the Climate Zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.

NOTE to Section 140.0: The requirements of Sections 140.1 through 140.10 apply to newly constructed buildings. Section 141.0 specifies which requirements of Section 140.1 through 140.10 also apply to additions or alterations to existing buildings.

Section 140.1 of the CEnC is amended to read as follows:

The following conditions are necessary for a building to comply with the performance approach:

1. The time-dependent valuation (TDV) energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a); and

2. The source energy budget calculated for the proposed design building under Subsection (b) has a source energy compliance margin, relative to the energy budget calculated for the standard design building under Subsection (a), of at least 7 percent for all nonresidential occupancies.

EXCEPTION 1 to 140.1 item 2 A source energy compliance margin of at least 7 percent is not required when nonresidential occupancies are designed with single zone spaceconditioning systems complying with Section 140.4(a)2. (a) – (c): Subsections 140.1 (a) – (c) are adopted without modification.

27.4 ORDINANCE NO. 2024-21
5 Section 150.0 of the CEnC is amended as follows:

Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(w).

NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The City of Santa Cruz amendments to sections 150.0 (t) do not apply to additions or alterations. (a) – (s): Subsections 150.0(a) – (s) are adopted without modification. (t) Heat pump space heater ready. Systems using a gas or propane furnace to serve individual dwelling units shall include the following:

1. A dedicated 240-volt branch circuit wiring shall be installed within 3 feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amps minimum. The blank cover shall be identified as “240V ready.” All electrical components shall be installed in accordance with the California Electrical Code.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future heat pump space heater installation. The reserved space shall be permanently marked as “For Future 240V use.”

3. A designated exterior location for a future heat pump compressor unit with either a drain or natural drainage for condensate and adequate space to maintain the equipment in accordance with California Mechanical Code 304.1 & California Electrical Code 110.26.
(u) – (v): Subsections 150.0(u) – (v) are adopted without modification.

Section 150.0(w) is added to read as follows:
(w)Mandatory Requirements for Existing Building Additions and Alterations. Existing Building Additions and Alterations shall meet the requirements of Items 1 through 3 below, as applicable:

1. Major addition. Any major addition shall require installation of a set of measures from the Measure Menu Table, Table 150.0-I to achieve a total score that is equal to or greater than 9. In addition, all mandatory measures listed in Table 150.0-I shall be installed. Measure verification shall be explicitly included as an addendum to the Certificate of Compliance to be filed pursuant to 2022 Title 24 Section 10-103.

Installed measures shall meet the specifications in Table 150.0-J.

27.5 ORDINANCE NO. 2024-21
6 2. Major alteration. Any major alteration shall require installation of a set of measures from the Measure Menu Table, Table 150.0-I to achieve a total score that is equal to or greater than 9. In addition, all mandatory measures listed in Table 150.0-I shall be installed. Measure verification shall be explicitly included as an addendum to the Certificate of Compliance to be filed pursuant to 2022 Title 24 Section 10-103.

Installed measures shall meet the specifications in Table 150.0-J.

3. Combination alterations and additions. Any project that includes an addition and alteration whose altered components cover 350 square feet or greater shall require installation of a set of measures from the Measure Menu Table, Table 150.0-I to achieve a total score that is equal to or greater than 9. In addition, all mandatory measures listed in Table 150.0-I shall be installed. Measure verification shall be explicitly included as an addendum to the Certificate of Compliance to be filed pursuant to 2022 Title 24 Section 10-103. Installed measures shall meet the specifications in Table 150.0-J.

4. Water heating system electric readiness. Any project that includes a major addition, major alteration, or combination alteration and addition that requires water heating system electric readiness shall meet Item A below:
a. Systems using gas or propane water heaters to serve individual dwelling units shall designate a space at least 2.5 feet by 2.5 feet wide and 7 feet tall suitable for the future installation of a heat pump water heater (HPWH). All electrical components shall be installed in accordance with the California Electrical Code. The space shall include the following:
i. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit, within 3 feet from the water heater and accessible to the water heater with no obstructions; and
ii. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated; and
iii. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words “Future Use”; and
iv. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance. v. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.

Exception 1 to Section 150.0(w): The project is the result of a repair as defined by Title 24 Part 2 Section 202.

27.6 ORDINANCE NO. 2024-21
7 Exception 2 to Section 150.0(w): If compliance costs exceed 20% of total project valuation or due to conditions specific to the project, it is technically infeasible to achieve compliance through any available set of measures, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.
(1) Application. Based on the following, the applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. The applicant may not petition for relief from any requirement of the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code. Circumstances that constitute hardship or infeasibility shall include one of the following:
i. That the cost of achieving compliance is disproportionate to the overall cost of the project;
ii. That it is technically infeasible to achieve compliance through all packages due to conditions specific to the project; That strict compliance with these standards would create or maintain a hazardous condition(s) and present a life safety risk to the occupants.
(2) Granting of exemption. If the chief building official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of this chapter and that granting the requested exemption will not cause the building to fail to comply with the 2022 California Energy Code (Title 24, Part 6) and referenced standards, or the 2022 California Green Building Standards (Title 24, Part 11) of the California Building Standards Code, the chief building official shall determine the minimum feasible threshold of compliance reasonably achievable for the project. If an exemption is granted, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the chief building official.
(3) Denial of exemption. If the chief building official determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied, and the applicant shall be notified of the decision in writing. The project and compliance documentation shall be modified to comply with the standards for compliance.
(4) Appeal. Any aggrieved applicant or person may appeal the determination of the chief building official regarding the granting or denial of an exemption or compliance with any other provision of this chapter. An appeal of a determination of the chief building official shall be filed in writing with the Board of Building and Fire Appeals.

27.7 ORDINANCE NO. 2024-21
8 Exception 3 to Section 150.0(w): If the dwelling unit has previously installed measures from the Measure Menu, Table 150.0-I, and compliance can be demonstrated to the building official, then these measures shall not be required to be newly installed, and appropriate credit shall be included in the applicable compliance calculations.

Exception 4 to Section 150.0(w): The applicant may request an exemption to any requirements of this chapter which would impair the historic integrity of any building listed on a local, state, or federal register of historic structures, as determined by the Planning Director or designee and as regulated by the California Historic Building Code (Title 24, Part 8). In making a determination of exemption, the Planning Director or designee may require the submittal of an evaluation by an architectural historian or similar expert.

Exception 5 to Section 150.0(w): An alteration that consists solely of seismic safety improvements.

Exception 6 to Section 150.0(w): Buildings which are temporary (such as construction trailers).

Exception 7 to Section 150.0(w): An alteration that consists solely of roof and/or fenestration projects.

Exception 8 to Section 150.0(w): Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety 12 Code (commencing with Section 17000 of the Health and Safety Code).

Exception 9 to Section 150.0(w): One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(1) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(2) The space has exterior access from the proposed or existing single-family dwelling. (3) The side and rear setbacks are sufficient for fire and safety.

Exception 10 to Section 150.0(w): Where the project includes an accessory dwelling unit or junior accessory dwelling unit that is attached to the primary dwelling unit, either as a new addition or converted from within the space of the primary dwelling unit, and there is not an additional combination alteration/addition to the primary dwelling unit of at least 350 square feet, then the primary dwelling unit is exempt from the requirements.

27.8 ORDINANCE NO. 2024-21
9 New Table 150.0-I is added to read as follows:

Table 150.0-I: Measure Menu
Measures
Table 150.0-J
ID Points
Water Heating Package E1 1
Induction Cooktop E2 1
Heat Pump Clothes Dryer E3 1
Air Sealing E4 2
Duct Sealing E5 3
R-49 Attic Insulation E6 4
Windows E7 4
R-13 Wall Insulation E8 5
New Ducts + Duct Sealing E9 6
R-19 Floor Insulation E10 9
R-30 Floor Insulation E11 10
Heat Pump Water Heater (HPWH) E12 12
Solar PV + Electric Ready Pre-Wire E13 13
Heat Pump Space Heater E14 18
Utility Room, Kitchen & Laundry-Related
Electric Ready Pre-Wire M1 Mandatory
Panel-Related Electric Ready Pre-Wire M2 Mandatory
Note: the measures in the Measure Menu table shall conform to the specifications in Table 150.0-J
New Table 150.0-J is added to read as follows:

Table 150.0-J: Measure Specifications
ID Measure Specification
General Measures
E1 Water Heating Package: Add exterior insulation meeting a minimum of R-6 to existing storage water heaters. Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.

Water heaters 20 gallons or less, or water heaters that are not able to add exterior insulation may not take credit for this measure.

Exception 1: Water heater blanket is not required on water heaters less than 20 gallons.

Exception 2: Water heater blanket not required if application of a water heater blanket voids the warranty on the water heater.

27.9 ORDINANCE NO. 2024-21
10 Exception 3: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than 2022 California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.

Exception 4: Water heaters with factory installed insulation of R-24 or greater E2 Heat Pump Space Heater: Replace all existing gas and electric resistance space heating systems with an electric-only heat pump system.

E3 Induction Cooktop: Replace existing gas and electric resistance stove top with inductive stove top and cap the gas line.

E4 Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Verification shall be conducted by a certified HERS Rater that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten for Pre-1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for 1992-2010 vintage buildings. Compliance can also be demonstrated with blower door testing conducted by a certified HERS Rater no more than three years prior to the permit application date showing compliance with condition (a) or (b).

If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.

Reducing the air leakage of a building can reduce the building’s drying potential. When improving the air sealing of a building, consider if there is a need to add continuous ventilation to the building (if not already present).

E5 Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2022 Title 24 Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the alteration or addition permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table. Dwelling units without ductwork or where the ducts are in conditioned space may not take credit for this measure.

E6 R-49 Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.020 or insulation installed at the ceiling level shall have a thermal resistance of R-49 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling.

Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.

Exception: In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.

27.10 ORDINANCE NO. 2024-21
11 E7 Windows: Replace at least 50% of existing windows with high performance windows with an area-weighted average U-factor no greater than 0.30.

E8 R-13 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.

E9 New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-8 ducts that meet the requirements of 2022 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the alteration or addition permit application date.

E10 R-19 Floor Insulation: Raised-floors shall be insulated such that the floor assembly has an assembly U-factor equal to or less than U-0.037, or shall be insulated between wood framing with insulation having an R-value equal to or greater than R-19. This measure cannot be combined with measure R-30 Floor insulation.

E11 R-30 Floor Insulation: Raised-floors shall be insulated such that the floor assembly has an assembly U-factor equal to or less than U-0.028, or shall be insulated between wood framing with insulation having an R-value equal to or greater than R-30. This measure cannot be combined with measure R-19 Floor insulation.

E12 Heat Pump Water Heater (HPWH): Replace existing electric resistance or natural gas storage water heater with a heat pump water heater.

E13 PV and Electric Ready Pre-Wire: Install a solar PV system that meets the requirements of 2022 Title 24 Section 150.1(c)14.

In addition to the solar PV system, comply with the water heating system electric readiness requirements per Section 150.0(w)4and the heat pump space heaters requirements per Section 150.0(t) and one of the following:

A. Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s), or B. EV Charger Ready as specified in the California Green Building Code, Title 24, Part 11, Section A4.106.8.1, which otherwise applies to new construction.

Exception 1: In buildings where the designated space requirement specified in Section 150.0(n)1 can be demonstrated to the building official as infeasible, the electric readiness components per Section 150.0(n)1 are not required.

Mandatory Measures
M1 Utility Room, Kitchen & Laundry-Related Electric Ready Pre-Wire: Where the project includes a kitchen remodel, comply with the electric cooktop ready requirement, as specified in Section 150.0(u). Where the project includes a laundry room remodel, comply with the electric clothes dryer ready requirement, as specified in Section 150.0(v). Where the project includes a utility room remodel, comply with the water heating system electric readiness requirements per Section 150.0(w)4and the heat pump space heater electric readiness requirements per Section 150.0(t):

Exception 1: If an electrical permit is not otherwise required for the project other than compliance with this measure.

Exception 2: If a utility service upgrade is not otherwise required for the project other than compliance with this measure.

Exception 3: In buildings where the designated space requirement specified in Section 150.0(w)4can be demonstrated to the building official as infeasible, the electric readiness components per Section 150.0(w)4are not required.

27.11 ORDINANCE NO. 2024-21
12 M2 Panel-Related Electric Ready Pre-Wire: Where the project includes a new electrical panel and electrical service upgrade to 200A or more, comply with the water heating systems electric readiness requirements per Section 150.0(w)4 and the heat pump space heater electric readiness requirements per Section 150.0(t).

Exception 1: In buildings where the designated space requirement specified in Section (150.0(w)4can be demonstrated to the building official as infeasible, the electric readiness components per Section 150.0(w)4 are not required.

Section 150.1 of the CEnC is amended to read as follows:
(a) Section (a) is adopted without modification.
(b) Performance Standards. A building complies with the performance standards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by the Alternative Calculation Methods Approval Manual.

1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on source energy and time-dependent valuation (TDV) energy. The Energy Design Rating 1 (EDR1) is based on source energy. The Energy Design Rating 2 (EDR2) is based on TDV energy and has two components, the Energy Efficiency Design Rating, and the Solar Electric Generation and Demand Flexibility Design Rating. The total Energy Design Rating shall account for both the Energy Efficiency Design Rating and the Solar Electric Generation and Demand Flexibility Design Rating. The proposed building shall separately comply with the Source Energy Design Rating, Energy Efficiency Design Rating and the Total Energy Design Rating. A building complies with the performance approach if the TDV energy budget calculated for the proposed design building is no greater than the TDV energy budget calculated for the Standard Design Building with an EDR1 compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

EXCEPTION 1 to Section 150.1(b)1. A community shared solar electric generation system, or other renewable electric generation system, and/or community shared battery storage system, which provides dedicated power, utility energy reduction credits, or payments for energy bill reductions, to the permitted building and is approved by the Energy Commission as specified in Title 24, Part 1, Section 10-115, may offset part or all of the solar electric generation system and demand flexibility Energy Design Rating required to comply with the Standards, as calculated according to methods established by the Commission in the Residential ACM Reference Manual.

EXCEPTION 2 to Section 150.1(b)1. A newly constructed building that does not require a PV system in accordance with section 150.1(c)14 does not need a Source Energy compliance margin of at least 9, relative to the Source Energy Design Rating 1 calculated for the Standard Design building.

27.12 ORDINANCE NO. 2024-21
13 2. Additions and Alterations to Existing Buildings. The Energy Budget for additions and alterations is expressed in terms of TDV energy.

3. Section (b)(3) is adopted without modification.
(c) Section (c) is adopted without modification.

Section 150.2(a) [ENERGY EFFICIENCY STANDARDS FOR ADDITIONS AND ALTERATIONS TO EXISTING SINGLE FAMILY RESIDENTAL BUILDINGS] is modified to read as follows:

Additions. Additions to existing single-family residential buildings shall meet the requirements of Sections 110.0 through 110.9, Sections 150.0(a) through (n), (p), (q), (w), and either Section 150.2(a)1 or 2.

Section 150.2(b) [ENERGY EFFICIENCY STANDARDS FOR ADDITIONS AND ALTERATIONS TO EXISTING SINGLE FAMILY RESIDENTAL BUILDINGS] is modified to read as follows:

Alterations. Alterations to existing single-family residential buildings or alterations in conjunction with a change in building occupancy to a single-family residential occupancy shall meet either Item 1 or 2 below.

1. Prescriptive approach. The altered component and any newly installed equipment serving the alteration shall meet the applicable requirements of Sections 110.0 through 110.9 and all applicable requirements of Sections 150.0(a) through (l), 150.0(m)1 through 150.0 (m)10, 150.0(p) through (q), and 150.0 (w); and

2. Performance approach. The altered component(s) and any newly installed equipment serving the alteration shall meet the applicable requirements of Subsections A, B, and C below.

A. The altered components shall meet the applicable requirements of Sections 110.0 through 110.9, Sections 150.0(a) through (l), Sections 150.0(m)1 through 150.0 (m)10, Sections 150.0(p) through (q), and Section 150.0(w). Entirely new or complete replacement mechanical ventilation systems as these terms are used in Section 150.2(b)1L, shall comply with the requirements in Section 150.2(b)1L.

Altered mechanical ventilation systems shall comply with the requirements of Section 150.2(b)1M. Entirely new or complete replacement space-conditioning systems, and entirely new or complete replacement duct systems, as these terms are used in Sections 150.2(b)1C and 150.2(b)1Diia, shall comply with the requirements of Sections 150.0(m)12 and 150.0(m)13.

Section 160.4 of the CEnC is amended to remove subsection (a) as follows:
(a) Reserved.

27.13 ORDINANCE NO. 2024-21
14 Sections (b) to (f) are adopted without amendments.

Section 160.9 Sections (a) to (c) of the CEnC are adopted without amendments. Sections (d) and (e) are added as follows:
(d) Systems using gas or propane water heaters to serve individual dwelling units shall include the following:

1. A dedicated 125-volt, 20-amp electrical receptacle that is connected to the electric panel with a 120/240-volt 3 conductor, copper branch circuit rated to 30 amps, within 3 feet from the water heater and accessible to the water heater with no obstructions.

A. Both ends of the unused conductor shall be labeled with the word “spare” and be electrically isolated.

B. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in (A) above shall be included and labeled with the words “Future 240V Use.”

2. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance.

3. Construction drawings that indicate the reserved location of the future heat pump water heater with minimum interior dimensions of 39” x 39” x 96.”

4. A ventilation method that incorporates one of the following:

A. A space reserved for the future heat pump water heater with a volume of at least 700 cu. ft.

B. A space reserved for the future heat pump water heater that vents to a communicating space in the same pressure boundary via permanent openings with a minimum total net free area of 250 sq. in., so that the total combined volume connected via permanent openings is 700 cu. ft. or greater. The permanent openings shall be:
i. Fully louvered doors with fixed louvers consisting of a single layer of fixed flat slats; or
ii. Two permanent fixed openings, consisting of a single layer of fixed flat slat louvers or grilles, one commencing within 12 inches from the top of the enclosure and one commencing within 12 inches from the bottom of the enclosure.

27.14 ORDINANCE NO. 2024-21
15 C. A space reserved for the future heat pump water heater that includes two 8” capped ducts, venting to the building exterior.
i. All duct connections and building penetrations shall be sealed. ii. Exhaust air ducts and all ducts that cross pressure boundaries shall be insulated to a minimum insulation level of R-6 in compliance with California Mechanical Code 502.0.
iii. Airflow from termination points shall be diverted away from each other. (e) Central Heat Pump Water Heater Electric Ready. Water heating systems using gas or propane to serve multiple dwelling units shall meet the requirements of 160.9(e) and include the following for the future heat pump:

1. A system input capacity of the gas or propane water heating system that is determined as the sum of the input gas or propane capacity of all water heating devices associated with each gas or propane water heating system.

2. A space reserved that includes and complies with the following:

A. Heat Pump. The minimum space reserved shall include space for service clearances, air flow clearances, and compliant working spaces. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 2.0 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 48 inches. ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum space reserved for the heat pump shall be 3.6 square feet per input 10,000 BTU/ HR of the gas or propane water heating system, and the minimum dimension of reserved spaces shall be 84 inches.

B. Tanks. The minimum space reserved shall include space for service clearances and keep outs. Additionally, unless the space reserved is sufficient to support a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the space reserved shall comply with the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum space reserved for the storage and temperature

27.15 ORDINANCE NO. 2024-21
16 maintenance tanks shall be 4.4 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum physical space reserved for the storage and temperature maintenance tanks shall be 3.1 square feet per input 10,000 BTU/HR. of the gas or propane water heating system.

3. Ventilation, which shall be provided by including the following:

A. A physical space reserved for the heat pump located outside, or B. A pathway reserved for future routing of supply and exhaust air via ductwork from the reserved heat pump location to an appropriate outdoor location. Penetrations through the building envelope for louvers and ducts shall be planned and identified for future use. Additionally, unless the reserved pathway and penetrations are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the reserved pathway and penetrations through the building envelope shall be sized to comply with one of the following:
i. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, the minimum air flow rate shall be 70 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.
ii. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, the minimum air flow rate shall be 420 CFM per input 10,000 BTU/HR of the gas or propane water heating system and the total external static pressure drop of ductwork and louvers shall not exceed 0.17” when the future heat pump water heater is installed.

4. Condensate drainage piping. An approved receptacle that is sized in accordance with the California Plumbing Code to receive the condensate drainage shall be installed within 3 feet of the reserved heat pump location, or piping shall be installed from within 3 feet of the reserved heat pump location to an approved discharge location that is sized in accordance with the California Plumbing Code. Additionally, unless the condensate drainage receptacles and piping are sized to serve a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project, the condensate drainage shall comply with the following:

A. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, condensate drainage shall be sized for 0.2 tons of refrigeration capacity per input 10,000 BTU/HR.

27.16 ORDINANCE NO. 2024-21
17 B. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, condensate drainage shall be sized for 0.7 tons of refrigeration capacity per input 10,000 BTU/HR.

5. Electrical.

A. Physical space shall be reserved on the bus system of the main switchboard or on the bus system of a distribution board to serve the future heat pump water heater system including the heat pump and temperature maintenance tanks. In addition, the physical space reserved shall be capable of providing adequate power to the future heat pump water heater as follows:
i. Heat Pump. For the Heat Pump, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 0.1 kVA per input 10,000 BTU/HR. b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 1.1 kVA per input 10,000 BTU/HR. c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.
ii. Temperature Maintenance Tank. For the Temperature Maintenance Tank, the physical space reserved shall comply with one of the following:
a. If the system input capacity of the gas water heating system is less than 200,000 BTU/HR, provide 1.0 kVA per input 10,000 BTU/HR. b. If the system input capacity of the gas water heating system is greater than or equal to 200,000 BTU/HR, provide 0.6 kVA per input 10,000 BTU/HR. c. The physical space reserved supplies sufficient electrical power required to power a heat pump water heater system that meets the total building hot water demand as calculated and documented by the responsible person associated with the project.

The building electrical system shall be sized to meet the future electric requirements of the electric ready equipment specified in sections 160.9(a) – 160.9(e). To meet this requirement the building main service conduit, the electrical system to the point specified in each subsection, and any on-site distribution transformers shall have sufficient capacity to supply

27.17 ORDINANCE NO. 2024-21
18 full rated amperage at each electric ready appliance in accordance with the California Electric Code.

Section 170.1 of the CEnC is adopted with amendments as follows:

A building complies with the performance approach if the TDV energy budget calculated for the proposed design building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally,

1. The source energy budget of a newly constructed low-rise multifamily building shall be at least 10% lower than that of the Standard Design Building.

2. The source energy budget of a newly constructed high-rise multifamily building shall be at least 4% lower than that of the Standard Design Building.

Sub-sections (a) to (d) are adopted without amendments.

Section 3. This ordinance shall take effect and be in full force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 19th day of November, 2024, by the following vote:

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

27.18 ORDINANCE NO. 2024-21
19 PASSED FOR FINAL ADOPTION this 10th day of December, 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. 2024-21 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

November 27, 2024
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 27th day of November, 2024, Santa Cruz, California ____________________________
Julia Wood
Deputy City Clerk Administrator

27.20 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 25th day of November, 2024, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2024-21, to wit:

1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—19.

27.21 City Council

AGENDA REPORT
DATE: 11/21/2024
AGENDA OF: 12/10/2024
DEPARTMENT: Planning and Community Development
SUBJECT: 190 West Cliff Drive: CP18-0043 (APN 004-081-12) – Rescind Prior Council Approvals for a Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request, Encroachment Permit, and Tentative Map to Construct a Four-Story Mixed Use Project with Underground Parking, Ground Level Commercial, and 89 Residential Condominiums on a Parcel in the RTB/PER/CZ-O/SP-O (Motel Residential Performance Overlay, Shoreline Protection Overlay and Coastal Zone Overlay) Zone District.

The Council Approved These Permits on October 22, 2019. (Environmental Determination: Statutory Exemption, 15061(b)(4)) (Applicant/Filed: Cliff Bay Partners, LLC / February 27, 2018) (PL) RECOMMENDATION: Motion to adopt a resolution acknowledging the environmental determination and rescinding Resolution No. NS-29,589, without prejudice, thus repealing the approvals for the Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map based on the findings included in the attached draft resolution.

BACKGROUND: On October 22, 2019, the City Council approved a project proposal to construct a four-story, mixed-use project consisting of two levels of underground parking, ground level commercial space, and 89 residential condominium units at the northwest corner of Bay and West Cliff Drives (190 West Cliff Drive) which was and is still a surface parking lot serving the Dream Inn hotel. The staff report from that hearing is attached for reference. The project plans that were presented can be found here:
https://www.cityofsantacruz.com/government/city-departments/planning-and-communitydevelopment/planning-division/active-planning-applications-and-status/significant-projectapplications/190-west-cliff.

The project is located in the Coastal Appeal Zone and, following Council approval, the project was appealed to the Coastal Commission by four parties. On July 12, 2023, the Coastal Commission considered the appeals from Jim Conway and Anita Webb, Save Santa Cruz Westside, Gillian Greensite, and Patricia Forrest and found “no substantial issue” was raised by the project or appeals. As such, the Commission did not take jurisdiction over the action and the Council’s approvals were upheld.

Subsequent to the Commission’s action, Save Santa Cruz Westside filed an action with the courts challenging the Commission’s “no substantial issue” determination. That court case is

28.1 titled Save Santa Cruz Westside v. California Coastal Commission, Case No. 23CV02170, and still pending.

The project applicant submitted a letter dated July 29, 2024 (attached) stating that since the project was initially pursued in 2018-2019, many things have changed. Construction costs, interest rates, and general inflation have substantially increased project costs. The letter stated that these factors and other market changes have made construction of the approved project infeasible, and the letter indicated that the applicant is abandoning the project approvals and withdrawing the application.

DISCUSSION: Section 24.04.165 of the Zoning Code states that “An application may be withdrawn by the applicant prior to final action on the matter. Said withdrawal must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application.” In this case, final action on the matter has been completed. Thus, the applicant cannot technically withdraw the application at this point.

In most instances, an applicant could just not act on the project, and the approvals would eventually expire. In this instance, the court case against the Coastal Commission is still pending. The plaintiff has refused to withdraw their case against the Commission based on the applicant’s letter. Thus, the state Attorney General’s Office would be forced to continue expending time and resources on a case that, should they be successful in their defense of the lawsuit, would uphold permit approvals that the applicant has no interest in pursuing. During the course of the legal defense, the state would likely seek assistance from the City of Santa Cruz (City) and the applicant, neither of whom are interested in committing time to an abandoned project.

The most expedient way to terminate the lawsuit and avoid frivolous time expenditures by the state, City, and applicant is to rescind the permit approvals. The Councilmember Handbook contains a process for rescinding a prior approval, whereby “any Councilmember, with the exception of the presiding officer, may make a motion to rescind a prior Council Action.” As this item has been agendized and noticed to the public, the Council can act on the item and formally rescind the permits at this hearing, should it choose to do so.

Section 24.04.170 of the Zoning Code states that “Whenever any permit is denied or withdrawn, no new application for the same or substantially the same project may be filed for a period of one year from the date of said denial or withdrawal. Where an application has been denied without prejudice, application for the same or substantially the same project may be filed within said period of one year.” While the applicant has not indicated an interest in submitting a new application for a project that is substantially the same, rescinding the approvals “without prejudice” would allow for an application that is substantially the same to be submitted within a year. Even if the approvals were rescinded with prejudice, this would not preclude a new application from being pursued for a different project. The applicant has indicated that they do not intend to submit for a substantially similar project, but to avoid any confusion or argument, staff recommends that the Council rescind the approvals without prejudice.

The applicant has been consulted and agrees with the recommended actions.

28.2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Section 15061(b)(4) of the CEQA Guidelines states that actions are exempt from CEQA when “the project will be rejected or disapproved by the local agency.” In this case, rescinding the approvals amounts to rejecting the project. Thus, the action is exempt from CEQA.

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 approved project is consistent with HiAP pillars of public health and sustainability in that it repurposes a surface parking lot into a mixed-use project in an urbanized area in close proximity to transit, recreation, goods, and services, thereby increasing the likelihood of transit use and active transportation such as biking and walking to everyday destinations, which promotes public health. The approved project is consistent with equity in that it would provide eight for-sale homes to very-low income households and two for-sale homes to low-income households. Thus, rescinding the approvals would run counter to HiAP goals. However, given that the project applicant has indicated that the project will not be constructed, rescinding the approvals will have no effect on HiAP principles.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Should the Council rescind the approvals of the project, the surface parking lot would remain, and the action would have no effect on the City’s current revenue streams.

Prepared and Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION RESCINDING 190 WEST CLIFF APPROVALS.DOCX

2. RESOLUTION NO. NS-29,589, ADOPTED 10.22.19.PDF

3. LETTER FROM APPLICANTS ABANDONING PROJECT APPROVALS.PDF

4. OCTOBER 22, 2019 STAFF REPORT TO CITY COUNCIL, 190 WEST CLIFF.DOC

28.3 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RESCINDING RESOLUTION NO. NS-29,589, WITHOUT PREJUDICE, ADOPTED OCTOBER 22, 2019 AND REPEALING THE APPROVALS OF A COASTAL PERMIT,

DESIGN PERMIT, SPECIAL USE PERMIT, DENSITY BONUS REQUEST TO EXCEED

HEIGHT, ENCROACHMENT PERMIT FOR STREET AND INTERSECTION IMPROVEMENTS, AND A TENTATIVE MAP TO CONSTRUCT A FOUR-STORY MIXEDUSE PROJECT CONSISTING OF TWO LEVELS OF UNDERGROUND PARKING, GROUND LEVEL COMMERCIAL, AND 89 RESIDENTIAL CONDOMINIUM UNITS ON A

PARCEL LOCATED IN THE RTB(PER)/CZ-O/SP-O (MOTEL RESIDENTIAL

PERFORMANCE OVERLAY, SHORELINE PROTECTION OVERLAY AND COASTAL

ZONE OVERLAY) ZONE DISTRICTS
(APPLICATION NO. CP18-0043)
WHEREAS, Cliff Bay Partners LLC, applicants for property located at 190 West Cliff Drive (“applicant”), also known as Assessor’s Parcel Number 004-081-12 have applied for a Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map to construct a four-story mixed use project consisting of two levels of underground parking, ground level commercial, and 89 residential condominium units; and
WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Titles 23 and 24, the Subdivision and Zoning Ordinances; and
WHEREAS, the application underwent environmental review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, the Planning Commission conducted a public hearing on August 15, 2019, and recommended approval; and
WHEREAS, the City Council made requisite findings and approved the applications on October 22, 2019; and
WHEREAS, the Council’s action was appealed to the Coastal Commission, who on July 12, 2023, found “no substantial issue” was raised by the project or appeals, meaning the Commission did not take jurisdiction over the action and the Council’s approvals were upheld; and WHEREAS, the applicant submitted a letter dated July 29, 2024 stating that they intend to withdraw and abandon their project approvals; and
WHEREAS, to achieve the applicant’s intent of formally withdrawing their application after the final action is completed, the Council held a duly noticed public hearing on December 10, 2024 to consider whether to rescind the prior approvals; and

28.4 RESOLUTION NO. NS2
WHEREAS, Section 15061(b)(4) of the CEQA Guidelines states that actions are exempt from CEQA when “the project will be rejected or disapproved by the local agency,” thus this action is exempt from CEQA.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that the Council hereby rescinds, without prejudice, the October 22, 2019 approvals for Permit Application No. CP18-0043.

PASSED AND ADOPTED this 10th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

28.5 RESOLUTION NO. NS-29,589

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

APPROVING A COASTAL PERMIT, DESIGN PERMIT, SPECIAL USE PERMIT, DENSITY

BONUS REQUEST TO EXCEED HEIGHT, ENCROACHMENT PERMIT FOR STREET AND INTERSECTION IMPROVEMENTS, AND A TENTATIVE MAP TO CONSTRUCT A FOURSTORY MIXED-USE PROJECT CONSISTING OF TWO LEVELS OF UNDERGROUND PARKING, GROUND LEVEL COMMERCIAL, AND 89 RESIDENTIAL CONDOMINIUM UNITS ON A PARCEL LOCATED 1N THE RTB(PER)/CZ-0/SP-0 (MOTEL RESIDENTIAL

PERFORMANCE OVERLAY, SHORELINE PROTECTION OVERLAY AND COASTAL ZONE OVERLAY) ZONE DISTRICTS (APPLICATION NO. CP18-0043) WHEREAS, Cliff Bay Partners LLC, applicants for property located at 190 West Cliff Drive ("applicant"), also known as Assessor's Parcel Number 004-081-12 have applied for a Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map to construct a four-story mixed use project consisting of two levels of underground parking, ground level commercial, and 89 residential condominium units; and
WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Titles 23 and 24, the Subdivision and Zoning Ordinances; and
WHEREAS, the application has undergone environmental review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, the planning Commission conducted a public hearing on August 15, 2019, and recommended approval; and
WHEREAS, the City Council now makes the following findings:

Coastal Permit, Section 24.08.250

1. Maintain views between the sea and the first public roadway parallel to the sea.

The project will not affect coastal views because the property is located on the inland side of West Cliff Drive, the first public roadway parallel to the sea. Additionally, the existing Dream Inn Hotel borders the shoreline and stands between the project site and the ocean. Photo simulations included in the staff report have been produced to help with visualization of the project. Therefore, the site does not affect views between the sea and the first public roadway.

2. Protect vegetation, natural habitats and natural resources consistent with the Local Coastal Land Use Plan.

28.6 RESOLUTION NO. NS-29,589
The project site is not located within any sensitive natural habitat or resource areas as mapped in the General Plan and the Local Coastal Program. The site is currently an at-grade, paved parking lot with associated areas of landscaping that include some large, mature trees. A total of 55 existing trees are located on the project site, of which 17 are heritage trees pursuant to City regulations. The project would retain five existing trees in place, including one deodar cedar, one Canary Island Pine, and two coast redwoods along Bay Street, and one Canary Island date palm along West Cliff Drive. In addition, the existing Mexican fan palm on the project site will be relocated to the central paseo area on the project site. City regulations require tree replacement for removal of a heritage tree to consist of replanting three 15-gallon or one 24-inch size specimen for each heritage tree approved for removal. In-lieu fees may also be accepted that to go to the City's Tree Trust Fund for off-site planting of trees. The project's proposed tree and planting plan includes a total of 33 new trees:

Two 24-inch box European fan palms
Three 24-inch box cabbage trees
. Five 36-inch box goldenrain trees •
Nine 36-inch box Brisbane box trees
Fourteen 24-inch box California fan palms
The proposed tree planting would meet the 2:1 replanting ratio with 24- and 36-inch box trees for all of the removed trees. The tree and planting plan notes that the project would comply with the coastal zone heritage tree removal requirements, which require a two-for-one or more replacement for heritage trees removed in the coastal zone. Other new landscape plants proposed throughout the project would be coastal native and regionally adapted, with a focus on minimizing water use. A condition of approval also requires that an arborist evaluate the feasibility of relocating any heritage trees planned for removal.

3. Be consistent with any applicable design plans and/or area plans incorporated into the Local Coastal Land Use Plan.

The project is consistent with the 2030 General• Plan and Beach and South of Laurel 'Comprehensive Area Plan in that it will expand an important visitor-serving use, provides residential units, and maximizes the development potential of an underutilized infill site. The development is also consistent with the following Beach and South of Laurel Plan policies:
• Provide significant opportunities for Beach Commercial area • redevelopment of underutilized land that will provide attractive retail, entertainment, lodging and support uses that will appropriately extend the operational activities of the Beach. (LU 2.6)
• Develop a comprehensive program to ensure general upgrading of entire Beach area lodging inventory. (ED 5.8)
• Multi-level, large scale development to optimize use of opportunity sites; • Locating parking lots to the rear of structures, and wherever possible underground or • within structures; •
• Balconies, terraces, courtyards, and similar outdoor spaces to take advantage of views and create street vitality;

28.72 RESOLUTION NO. NS-29,589
The proposed project is consistent the Beach and South of Laurel Design Guidelines as articulated in the staff report, as well as with the purpose of the Motel Residential Performance Overlay district, which is "to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development." Overall, the project is consistent with the City's vision for. development in the Beach Area in that it provides the expansion of a higher-end visitor serving hotel facility in addition to addressing much needed housing.

4. Maintain public access to the coast along any coastline as set forth in the Local Coastal Land Use Plan.

The project involves construction of a four-story, mixed-use project consisting of two levels of underground parking, ground level commercial space, and 89 residential condominium units on a privately-owned lot on the inland side of West Cliff Drive, the roadway adjacent to the coast in this area. The project includes a plaza that will be open to the public, permitting public access to the site that is currently a private parking lot. The plaza will be a public open space during the daytime hours, providing indoor and outdoor dining. Improved street realignment, sidewalk widening, bike lane improvements, and the addition of a roundabout at the corner of West Cliff and Bay Street will improve public access to the coast.

5. Be consistent with the Local Coastal Land Use Plan goal of providing visitor-serving needs as appropriate.

The proposed expansion of the Dream Inn hotel ancillary facilities will provide new visitorserving needs, providing food and retail uses for visitors, the new residents of the development, as well as existing residents in the West Cliff area. Due to its location in the beach areas, the project will draw visitors to tourist destinations along the coast, including the Boardwalk and wharf.

6. Be consistent with the Local Coastal Land Use Plan goal of encouraging coastal development uses as appropriate.

The project is consistent with the Local Coastal Land Use Plan goal of redeveloping an underutilized piece of land in the Beach Commercial area that will provide attractive retail, entertainment, and lodging support uses that will compliment the Dream Inn use and appropriately extend the operational activities of the Beach area.

Shoreline Protection Overlay District Review Criteria. Section 24.10.2430

7. The project protects trees and vegetation and sensitive wildlife habitat.

The project site is not located within any sensitive natural habitat or resource areas as mapped in the General Plan and the Local Coastal Program. The site is currently an at-grade, paved 3 28.8
RESOLUTION NO. NS-29,589
parking lot with associated areas of landscaping that include some large, mature trees. A total of 55 existing trees are located on the project site, of which 17 are heritage trees pursuant to City regulations. The project would retain a total of five existing trees in place, including one deodar cedar, one Canary Island Pine, and two coast redwoods along Bay Street, and one Canary Island date palm along West Cliff Drive. In addition, the existing Mexican fan palm on the project site would be relocated to the central paseo area on the project site. New California fan palms would also be added to the central paseo. New Brisbane box and Goldenrain trees would be planted along West Cliff Drive and Bay Street. Other new landscape plants proposed throughout the project would be coastal native and regionally adapted, with a focus on minimizing water use. A condition of approval also requires that an arborist evaluate the feasibility of relocating any heritage trees planned for removal.

8. The project is consistent with the following criteria for bluff or cliff development:
• The development is sited and designed to assure stability and structural integrity of its expected economic life span and minimize alterations to natural land forms. • The development will not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas. • The development minimizes alteration of cliffs, bluff tops, faces or bases, and will not interfere with sand movement.
• The development which proposes use of retaining walls shall be allowed only to stabilize slopes. Sea walls at the toe of sea cliffs to check marine erosion shall be allowed only where there is no less environmentally damaging alternative. • The development within one hundred feet of any cliff or bluff line shall follow the recommendations of an approved geologic report by a registered geologist. The area where such a report is required may be increased where the issue of slope stability requires a greater distance from any cliff or bluff line.

New structures and excavation associated with the project are located inland from the first public roadway parallel to the sea and is not located directly on a coastal bluff or cliff.

Nevertheless, multiple detailed geotechnical analyses have been prepared and reviewed, as detailed in the environmental documentation and staff reports, including but not limited to a report entitled "Evaluation of Potential Impact of Excavation of the 190 West Cliff Drive Project Site on Coastal Bluff Stability." These reports conclude that cliff stability will not be affected by the project. As is standard practice, recommendations from those reports will be incorporated into the construction plans, and a condition of approval requires that a qualified geotechnical engineer review the plans for consistency with geotechnical and geologic reports. A qualified geotechnical engineer, must also prepare a review letter prior to occupancy. The condition of approval also expressly allows for staff to request additional or supplemental geotechnical analyses should the need for such reports arise.

9. The project provides maximum erosion protection, using accepted engineering practices and other methods and specifications set forth in this title; 4 28.9
RESOLUTION NO. NS-29,589
The project site does not contain steep slopes. Erosion control measures will be required as part of the grading permit. Plans submitted for building permits will be required to demonstrate compliance with the revised Chapter 6B of the City's Best Management Practices Manual — Storm Water BMPs for Private and Public Development Projects. Required documentation will include a Storm Water Control Plan following the guidance in Chapter 6B demonstrating compliance with the water quality treatment and runoff retention requirements, and an Operation and Maintenance Plan for stormwater control measures incozporated in to the project design. Site plans shall contain notes and details on stormwater control measures incoiporated in the project design.

10. The project maintains public view corridors between the sea and the first public roadway parallel to the sea and maintain natural views of the coastline; The project will not affect coastal views because the property is located on the inland side of West Cliff Drive, the first public roadway parallel to the sea. Additionally, the existing Dream Inn Hotel borders the shoreline and stands between the project site and the ocean. Therefore, the site does not impact views between the sea and the first public roadway

11. The project protects paleontological resources as prescribed in the Land Use Plan; The site is not located within a mapped sensitive paleontological area. A condition of approval requires work to be stopped in the unlikely event that resources are discovered during construction.

12. Protect and enhance free public access to or along the beach, and sign such access when necessary;
The project facilitates public use and enjoyment of free public access opportunities in close proximity to the Wharf, Boardwalk, Marine Sanctuary Visitor Center, and West Cliff Drive Path by providing ancillary facilities for the existing Dream Inn hotel and improving pedestrian and bicycle access.

13. Include mitigation measures prescribed in any applicable environmental document; The project contains various standard conditions of approval related to environmental quality, as well as the following condition of approval: "The project shall be consistent with applicable Mitiga'tion Measures from the General Plan 2030 EIR, including but not limited to those specifically identified in the environmental review documents prepared for this project as well as those included as conditions herein."

14. The project is compatible with the established physical scale of the area.

The proposed development meets the floor area ratio (FAR) established by the RVC land use designation as well as the development standards for the R-T(B)/PER zone district with the exception of height. FAR is established to control scale and massing on a site. The RVC land use designation allows a FAR from 0.25 to 3.5. With a proposed FAR of 2.016, the project 5 28.10
RESOLUTION NO. NS-29,589
is well within the FAR requirements and has limited the mass and scale of the structures on the site. With the exception of height, the R-T(B)/PER zone district standards are all being met, including setbacks, open space, and siting standards consistent with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. While the maximum height of buildings in the R-T(B) zoning district is 36-feet, California State Density Bonus Law allows for waivers or reduction in development standards. For the subject project, the applicants are proposing a waiver to the district height standard to allow for an additional story, bringing the overall height of the building to 47-feet. With a significant variety of scale surrounding the site, the proposed structure maintains compatibility and harmony .with the neighboring uses. The proposed 47-foot height will be similar to the multiple-family residential condominium complex across Bay Street that is 48-feet in height, but will fall well below the 83-foot tall Dream Inn structure across West Cliff Drive. While the neighboring 21- foot tall hotel to the north as well as the 12-foot mobile homes are much smaller in scale, the proposed structure maintains 25 to 28-foot setbacks to avoid looming over the neighboring small scale uses.

The proposed building has been designed in a Spanish Colonial Revival style and is consistent with the previously listed Beach/South of Laurel Area Plan design guidelines. Additionally, the overall building mass is broken up by architectural treatments, including decks, trellises and overhangs. Rooftop equipment is incorporated into the roof design and screened from adjacent properties. Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view.

15. The project is consistent with the design review guidelines of this title and the policies of any applicable area plan.

The project is consistent with the 2030 General Plan and Beach and South of Laurel Comprehensive Area Plan in that it will expand an important visitor-serving use, provides residential units, and maximizes the development potential of an underutilized infill site. The development is also consistent with the following Beach and South of Laurel Plan policies:
• Provide significant opportunities for Beach Commercial area redevelopment of underutilized land that will provide attractive retail, entertainment, lodging and support uses that will appropriately extend the operational activities of the Beach. (LU 2.6)
• Develop a comprehensive program to ensure general upgrading of entire Beach area lodging inventory. (ED 5.8)
• Multi-level, large scale development to optimize use of opportunity sites; • Locating parking lots to the rear of structures, and wherever possible underground or within structures;
• Balconies, terraces, courtyards, and similar outdoor spaces to take advantage of views and create street vitality;
The proposed building has been designed in a Spanish Colonial Revival style and is consistent with the Beach/South of Laurel Area Plan design guidelines. Additionally, the overall building mass is broken up by architectural treatments, including decks, trellises and overhangs.

Rooftop equipment is incorporated into the roof design and screened from adjacent properties.

28.11 RESOLUTION NO. NS-29,589
Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view. • 16. The project is consistent with the policies of the Local Coastal Program, the General Plan, and the California Coastal Act.

The subject parcel has a Regional Visitor Commercial (RVC) General Plan designation. This designation applies to areas that "emphasize a variety of commercial uses that serve Santa Cruz residents as well as visitors. Mixed-use development is strongly encouraged in RVC districts". Specifically, the General Plan RVC designation calls out the Beach Area to "emphasize visitor-serving commercial uses such as hotels, motels, restaurants, and amusement parks, as well as residential and mixed-use developments in the Beach Area neighborhoods". The General Plan allows a floor area ratio (FAR) for the RVC land use designation of up to 0.25 to 3.5. The project's FAR is 2.016, which is within the allowed FAR established in the General Plan. The proposed mixed-use project is consistent with the policies of the General Plan, including the following:
• Land Use Development Policy LU3.4 - In neighborhoods near visitor areas, give priority to uses that serve both visitors and residents. • Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
• Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards • require a lower density.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Density bonus units • Mobility Development Policy M1.1 - Reduce automobile dependence. by encouraging appropriate neighborhood and activity center development. • Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
• Economic Development Policy 1.1.2 - Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city.
• Economic Development Policy 1.1.3 - Encourage the development of year-round businesses and visitor activities, resources, and destinations that can also attract and engage local residents.
• Economic Development Policy 1.5 - Encourage the development of new lodging facilities, particularly those targeting a higher-end market and those providing additional visitor amenities.
• Economic Development Policy 1.5.1 - Encourage the development offacilities that would accommodate conferences and conference-goers in conjunction with existing or new hotel development.
• Economic Development Policy 5.1.2 - Coordinate and expand Beach Area services and employment.
7 28.12
RESOLUTION NO. NS-29,589
• Economic Development Policy 5.2 - Provide for residents 'daily shopping needs in local-serving neighborhood commercial centers.
• Economic Development Policy 5.2.1 - Encourage neighborhood shopping in nodes of commercial development that serve residential areas and have adequate transit, pedestrian, and bicycle access.
• Economic Development Policy 5.2.2 - Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial. • Economic Development Policy 5.4.1 - Pursue multi-story development of surface parking lots for parking and other uses.

The Beach and South of Laurel Comprehensive Area Plan (B/SOL Plan) was adopted by the City Council in October 1998. The project site is located in the "Beach Commercial" subarea that also includes the Santa Cruz Beach Boardwalk, motels, bed and breakfast inns, and commercial uses. The area also contains permanent residential units and mobile homes. The purpose of the B/SOL Plan is to:

1. Propose a sensitive and realistic program for neighborhood preservation and revitalization targeted to the Beach Flats, Beach Hill, and South of Laurel areas;

2. Establish a comprehensive program for managing:
• Traffic and transportation,
• Tourism and maritime assets, and
• Expansion of the season and linkage with the Downtown; and

3. Enhance the historic resort attributes of the Beach area for residents and visitors. -
The B/SOL Plan generally provides land use, transportation, and design recommendations.

According to the Plan, the basic policy direction for the Beach area is provided in the City's General Plan, which designates the area as Regional Visitor Commercial. The B/SOL Plan indicates that the project site provides an opportunity for potential residential development.

The project is consistent with the 2030 General Plan and B/SOL Plan in that it will provide important visitor-serving uses, and maximizes the development potential of an underutilized infill site. The development is also consistent with the following Beach and South of Laurel Plan policies:
• Provide significant opportunities for Beach Commercial area redevelopment of underutilized land that will provide attractive retail, entertainment, lodging and support uses that will appropriately extend the operational activities of the Beach. (LU 2.6)
• Develop a comprehensive program to ensure general upgrading of entire Beach area lodging inventory. (ED 5.8)
• Multi-level, large scale development to optimize use of opportunity sites; • Locating parking lots to the rear of structures, and wherever possible underground or within structures;
• Balconies, terraces, courtyards, and similar outdoor Spaces to take advantage of views and create street vitality;

28.13 RESOLUTION NO. NS-29,589
The proposed project is consistent with the purpose of the Motel Residential Performance Overlay district which is "to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development." Overall the project is consistent with the City's vision for development in the Beach Area in that it provides the expansion of a higher-end visitor serving hotel facility in addition to addressing much needed housing.

Design Permit, Section 24.08.430

17. The site plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical development. If located in the Coastal Zone, a site plan shall also be consistent with policies of the Local Coastal Program.

The subject 'parcel has a Regional Visitor Commercial (RVC) General Plan designation. This designation applies to areas that "emphasize a variety of commercial uses that serve Santa Cruz residents as well as visitors. Mixed-use development is strongly encouraged in RVC districts".

Specifically, the General Plan RVC designation calls out the Beach Area to "emphasize visitorserving commercial uses such as hotels, motels, restaurants, and amusement parks, as well as residential and mixed-use developments in the Beach Area neighborhoods". The General Plan allows a floor area ratio (FAR) for the RVC land use designation of up to 0.25 to 3.5. The project's FAR is 2.016, which is within the allowed FAR established in the General Plan. The proposed mixed-use project is consistent with the policies of the General Plan, including the following:
• Land Use Development Policy LU3.4 - In neighborhoods near visitor areas, give priority to uses that serve both visitors and residents. • Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations. • Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Density bonus units • Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development. • Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
• Economic Development Policy 1.1.2 - Support the development and expansion of businesses that make a balanced contribution to the cultural, environmental, and economic health of the city.
9 28.14
RESOLUTION NO. NS-29,589
• Economic Development Policy 1.1.3 - Encourage the development of year-round • businesses and visitor activities, resources, and destinations that can also attract and engage local residents.
• Economic Development Policy 1.5 - Encourage the development of new lodging - facilities, particulaky those targeting, a higher-end market and those providing additional visitor amenities.
• Economic Development Policy 1.5.1 - Encourage the development of facilities that would accommodate conferences and conference-goers in conjunction with existing or new hotel development.
• Economic Development Policy 5.1.2 - Coordinate and expand Beach Area services and employment.
• Economic Development Policy 5.2 - Provide for residents' daily shopping needs in local-serving neighborhood commercial centers.
• Economic Development Policy 5.2.1 - Encourage neighborhood shopping in nodes of commercial development that serve residential areas and have adequate transit, pedestrian, and bicycle access.
• Economic Development Policy 5.2.2 - Support the development of neighborhood gathering places in conjunction with local-serving neighborhood commercial. • Economic Development Policy 5.4 - Pursue multi-story development of surface parking lots for parking and other uses.

1. Propose a sensitive and realistic program for neighborhood preservation and revitalization targeted to the Beach Flats, Beach Hill, and South of Laurel areas;

2. Establish a comprehensive program for managing:
• Traffic and transportation,
• Tourism and maritime assets, and
• Expansion of the season and linkage with the Downtown; and

3. Enhance the historic resort attributes of the Beach area for residents and visitors.

The B/SOL Plan generally provides land use, transportation, and design recommendations.

Provide significant opportunities for Beach Commercial area redevelopment of underutilized land that will provide attractive retail, 10 28.15
RESOLUTION NO. NS-29,589
entertainment, lodging and support uses that will appropriately extend the operational activities of the Beach. (LU 2.6)
• Develop a comprehensive program to ensure general upgrading of entire Beach area lodging inventory. (ED 5.8)
• Multi-level, large scale development to optimize use of opportunity sites; • Locating parking lots to the rear of structures, and wherever possible underground or within structures;
• Balconies, terraces, courtyards, and similar outdoor spaces to take advantage of views and create street vitality;
The proposed project is consistent with the purpose of the Motel Residential Performance Overlay district which is "to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses. The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development." Overall the project is consistent with the City's vision for development in the Beach Area in that it provides the expansion of a higher-end visitor serving hotel facility in addition to addressing much needed housing.

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

The "Beach and South of Laurel Plan Design Guidelines," adopted by the City in October 1998, is both an appendix to the B/SOL Area Plan and part of the City's certified LCP. The purpose of the Guidelines is to "promote development that respects the physical and environmental characteristics of the community and site, and which reflects functional and attractive site planning and high quality design." Guidelines are provided for the Beach Commercial area in which the proposed project is located, which recommends the use of Victorian, Spanish Colonial Revival, or other traditional architectural themes.

The proposed building has been designed in a Spanish Colonial Revival style and is consistent with the Beach/South of Laurel Area Plan design guidelines by providing a design that incorporates a variety of exterior finish materials. The Spanish Colonial Revival design incorporates a variety of exterior finish materials including: white smooth troweled plaster and rammed earth walls, synthetic wood siding and trellises, metal railing system, brown aluminum windows, and decorative exterior lighting.

19. Design of the site plan shall respect design principles in terms of maintaining a balance of scale, form and proportion, using design components, which are harmonious, materials and colors that blend with elements of the site plan and surrounding areas. Location of structures should take into account maintenance of view; rooftop mechanical equipment shall be incorporated into roof design or screened from adjacent properties. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters shall be accessible and screened. 11 28.16
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The proposed development meets the floor area ratio (FAR) established by the RVC land use designation as well as the development standards for the R-T(B)/PER zone district with the exception of height. FAR is established to control scale and massing on a site. The RVC land use designation allows a FAR from 0.25 to 3.5. With a proposed FAR of 2.016, the project is well within the FAR requirements and has limited the mass and scale of the structures on the site. With the exception of height, the R-T(B)/PER zone district standards are all being met, including setbacks, open space, and siting standards consistent with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. While the maximum height of buildings in the R-T(B) zoning district is 36-feet, California State Density Bonus Law allows for waivers or reduction in development standards. For the subject project, the applicants are proposing a waiver to the district height standard to allow for an additional story, bringing the overall height of the building to 47-feet. With a significant variety of scale surrounding the site, the proposed structure maintains compatibility and harmony with the neighboring uses.

The proposed 47-foot height will be similar to the multiple-family residential condominium complex across Bay Street that is 48-feet in height, but will fall well below the 83-foot tall Dream Inn structure across West Cliff Drive. (The Dream Inn structure is located between the project site and the Monterey Bay, therefore, views of the bay are very limited from the project site and surrounding area. This positioning and associated views were considered as part of the design of the project.) While the neighboring 21-foot tall hotel to the north as well as the 12- foot mobile homes are much smaller in scale, the proposed structure maintains 25 to 28-foot setbacks to avoid looming over the neighboring small-scale uses.

The proposed building has been designed in a Spanish Colonial Revival style and is consistent with the previously listed Beach/South of Laurel Area Plan design guidelines. Additionally, the overall building mass is broken .up by architectural treatments, including decks, trellises and overhangs. Rooftop equipment is incorporated into the roof design and screened from adjacent properties. Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view.

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

The project abuts a variety of uses, including a small-scale hotel, large-scale hotel, mobile home park, and a large-scale multiple-family residential condominium complex. With a significant variety of scale surrounding the site, the proposed structure maintains compatibility and harmony with the neighboring uses. The proposed 47-foot height will be similar to the multiple-family residential condominium complex across Bay Street that is 48-feet in height, but will fall well below the 83-foot tall Dream Inn structure across West Cliff Drive. While the neighboring 21-foot tall hotel to the north as well as the 12-foot mobile homes are much smaller in scale, the proposed structure maintains 25 to 28-foot setbacks to avoid looming over the neighboring small-scale uses. These setbacks are significantly larger than the minimums required by the zoning ordinance.

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RESOLUTION NO. NS-29,589

21. The orientation and location of buildings, structures, open spaces and other features of the site plan shall be such as to maintain natural resources including significant trees and shrubs to the extent feasible, maintain a compatible relationship to and preserve solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.

The site is currently an at-grade, paved level parking lot with associated areas of landscaping that include some large, mature trees. The project has been designed to be setback enough from Bay Street to retain four significant existing trees, including one deodar cedar, one Canary Island Pine, and two coast redwoods. One Canary Island date palm along West Cliff Drive will be retained in the front setback, and an existing Mexican fan palm on the project site will be relocated to the proposed central paseo. All the remaining trees are proposed to be removed due to the construction footprint and grading required for the new structure. A condition of approval requires an arborist to evaluate the feasibility of relocating any heritage trees before they are removed.

With a significant variety of scale surrounding the site, the proposed structure maintains compatibility and harmony with the neighboring uses through site orientation. The proposed 47-foot height will be similar to the multiple-family residential condominium complex across Bay Street that is 48-feet in height, but will fall well below the 83-foot tall Dream Inn structure across West Cliff Drive: While the neighboring 21-foot tall hotel to the north as well as the 12- foot tall mobile homes are much smaller in scale, the proposed structure maintains 25 to 28- foot setbacks to avoid looming and shading over the neighboring small-scale uses to the west and north of the site. A solar study has been included with the attached plan set.

22. The site plan shall be situated and designed to protect views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan shall restore and enhance visual quality of visually degraded areas.

The project site is not located adjacent to the coastline or within any scenic view area Photo simulations attached to the staff report have been produced to help with visualization of the project and to demonstrate that the project will not affect public views of the coast.

23. The site plan shall minimize the effect of traffic conditions on abutting streets through careful layout of the site with respect to location, dimensions of vehicular and pedestrian entrances, exit drives and walkways; through the adequate provision of off-street parking and loading facilities; through an adequate circulation pattern within the boundaries of the development; and through the surfacing and lighting of off-street parking facilities.

The proposed site plan includes a "U”-shaped building, with access to the project site provided from two new driveways running along the western and northern perimeters of the site: one from West Cliff Drive and one from Bay Street. A parking garage with three levels (one at grade and two below ground) will be located on site, providing parking for 421 vehicles. Under City parking requirements, without any credits for shared parking or implementation of auto reduction programs, the project would be required to provide 481 onsite parking spaces. The City's Municipal Code allows a 10 percent reduction for Non-Automotive Use Programs (per 13 28.18
RESOLUTION NO. NS-29,589
section 24.12.290.7) and a 10 percent reduction for Cooperative Parking Facilities (per City Code 24.12.290.4). The parking demand accounts for all uses at the hotel as well as the residential units, which qualifies it for a reduction for cooperative parking. The shared use/cooperative parking facilities reduction accounts for the parking facilities at a single site being used for multipurpose trips being made to the site (i.e. visitors that stay at the hotel and • attend a conference, visit the spa and/or eat at the restaurant), as well as trips being made to individual uses at different times of the day or week. The Applicant has submitted a • Transportation Demand Management (TDM) Plan (attached) that outlines measures tO be implemented, including provision of onsite bicycle parking and free employee bus passes, among other strategies to be developed with the City. With implementation of this program and the shared parking provisions, a 20 percent reduction in required parking would result in a total of 385 spaces required for the project. With 421 spaces provided on the site, and 18 • spaces existing on the Dream Inn Hotel site, the overall project has a surplus of 54 parking • spaces. While not counted as part of the analysis, it should be noted that additional commercial valet spaces could be incorporated into the drive aisles on level P2.

Two trash rooms are proposed on site: a 903 square foot room for residential trash; the other a 542 square foot room for commercial trash. Both are centrally located on the ground level and can be accessed by way of a driveway that serves as access to a service dock. The trash rooms accommodate a dumpster and recycling bins. The Public Works Department has reviewed and approved the on-site circulation, including the proposed trash room layout and interface with the street. All parking facilities will have lighting for safety.

A condition of approval requires an internal traffic management plan to be submitted and approved by the Public Works Department

24. The site plan shall encourage alternatives to travel by automobile where appropriate, through the provision of facilities for pedestrians and bicyclists, including covered parking for bicycles and motorcycles where appropriate. Public transit stops and facilities shall be accommodated as appropriate, and other incentive provisions considered which encourage non-auto travel.

A Transportation Demand Management Plan was prepared with measures designed to reduce the residential, hotel, and retail population's automobile usage by increasing the use of biking, walking, carpooling and transit (shuttle and bus), and a condition of approval requires compliance with this. The project location near the beach, West Cliff path, and Boardwalk visitor-serving facilities will result in many pedestrian trips between the hotel, residences, and these surrounding facilities. A total of 347 bicycle parking spaces will be provided, including bike racks on grade with a capacity for 66 bicycles; the remaining bicycle parking (i.e., longterm bicycle spaces for residents and staff bicycle parking) will be located in a secure storage space on Parking Level P 1 . This exceeds the required amount of bicycle parking spaces (137 spaces) per Section 24.12.250 of the City's Municipal Code. The project is also adjacent to transit routes and beach shuttle operations. A condition of approval requires an internal traffic management plan to be submitted and approved by the Public Works Department. 14 28.19
RESOLUTION NO. NS-29,589

25. The site shall provide open space and landscaping which complement buildings and structures. Open space should be useful to residents, employees, or other visitors to the site. Landscaping shall be used to separate and/or screen service and storage areas, separate and/or screen parking areas from other areas, break up expanses of paved area, and define open space for usability and privacy.

Based on the R-T(B)/PER zoning district standards, 400 square feet of usable open space per dwelling units is required to be provided on site. With 89 residential units proposed, a total of 35,600 square feet of usable open is required. The project would provide a total of 64,766 square feet of open space. Three public open space areas totaling 28,334 square feet would be located on level 1, and 29,108 square feet of private open space would be located on levels 1 through 4 and the roof. The public open space primarily consists of a central "coastal paseo" plaza on the southern portion of the site fronting West Cliff Drive. Common open spaces areas, totaling 7,324 square feet, would be located on levels 1 and 2. Private open space for the residential units includes two courtyards on level 2 at the rear of the site, a roof deck and pool at the northeastern corner of level 3, and rooftop decks above the residential units on the top floor. Parking and expanses of paved areas are screened from view as the required off-street parking is provided via underground basement garages.

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

The applicant will be required to obtain a building permit for the new building. The structure will be required to meet all applicable regulations of the California Building Code pertaining to noise, vibration, and other factors affecting indoor and exterior environmental quality. A noise analysis was prepared that analyzed operational noise, construction noise, and construction vibration. Operational noise is predicted to comply with the City of Santa Cruz noise standards and not predicted to result in significant noise impacts at nearby noise-sensitive receptors; but noise may be audible during certain conditions. Construction noise and vibration will be performed during daytime hours and be temporary in nature. Construction noise and vibration is predicted to comply with City of Santa Cruz criteria, as well as Caltrans and Federal Transit Administration recommended guidelines. A condition requiring a construction plan has been included, and part of that plan will establish noise reduction standards. Other conditions of approval also protect against nearby noise impacts, such as operational. limitations on the outdoor patio/courtyard. The project respects the privacy of the abutting residents by orienting most balconies and outdoor spaces toward West Cliff Drive and Bay Street. Balconies oriented toward the mobile home park maintain increased setbacks of 25 to 28 feet.
15 28.20
RESOLUTION NO. NS-29,589 •

27. Signs shall complement the site plan and avoid dominating the site and/or existing buildings on the site or overwhelming the buildings or structures to which they are attached. Multiple signs on a given site should be of a consistent theme.

The applicant will be required to prepare a .final signage plan for the project and submit it for Design Permit review and approval by the Planning and Building Divisions prior to occupancy.

A project condition requires a signage plan that has a consistent style and material that integrates with the architectural design of the building.

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

The proposed building will be designed to meet and, according to the applicants, exceed the City's Green Building Program requirements. Some project details already included in the design include solar panels and landscaping bio-swales. New planted trees and landscaping will reduce the heat island effect. A condition of approval has been included that requires the applicant to achieve a minimum LEED Gold Certification from the US Green Building Council.

29. The site plan shall incorporate water-conservation features where possible, including in the design of types of landscaping and in the design of water-using fixtures. In addition, water restricting showerheads and faucets shall be used, as well as water-saving toilets utilizing less than three gallons per flush.

The building will require issuance of a building permit and water-saving elements will be required consistent with the City's Water Conservation Ordinance. A project condition requires detailed landscape and irrigation plans to be submitted at the time of the building permit application for review by both the Planning and Water Departments. The landscaping and irrigation plans will need to comply with all requirements of the City's Water Efficient Landscape Ordinance, prior to 'approval and issuance of the building permit.

The project will be required to comply with City's mandatory Green Building Program and CAL Green of the California Building Code), including requirements for high-efficiency appliances and low-water usage fixtures plumbing fixtures. The Building Division will verify that the project has incorporated such water conservation features through the building permit plan check process. A condition of approval has been included that requires the applicant to achieve a minimum LEED Gold Certification from the US Green Building Council.

30. In all projects in Industrial (I) Zones, building design shall include measures for reusing heat generated by machinery, computers and artificial lighting.

Due to the project location, this finding is not applicable.

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RESOLUTION NO. NS-29,589

31. In all projects hi Industrial (I) Zones, all buildings and structures shall be so designed and oriented to make use of natural lighting wherever possible.

Due to the project location, this finding is not applicable.

32. Heating systems for hot tubs and swimming pools shall be solar when possible but in all cases energy efficient
The project includes solar panels for pool and spa heating.

33. Enhance the West Cliff Drive streetscape with appropriate building mass, modulation, articulation, coloring and landscaping that is compatible with and would not diminish the visual prominence of the public open space.

The project site is located on West Cliff Drive, with the proposed ground floor commercial spaces as well as the "Central Coastal Paseo" plaza directly across from the Dream Inn hotel.

The proposed building has been designed in a Spanish Colonial Revival style with the overall building mass being broken up by architectural treatments, including decks, trellises and overhangs. The commercial spaces are an extension of the hotel amenities, and include a spa, fitness gym, café, retail market, restaurant Market Hall, and hotel administrative offices. While these commercial spaces are designed as amenities for the hotel, they will be open and available for the on-site residents as well as the general public. The Central Coastal Paseo will be a public open space during the daytime hours, providing indoor and outdoor dining. The site is not adjacent to any specific public open space, and therefore would not diminish the visual prominence of such.

Special Use Permit, Section 24.08.050

34. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;
As further described in the staff reports, the proposed project is consistent with the City General Plan, Local Coastal Plan and adopted Beach/South of Laurel Area Plan, which call for Regional Visitor Commercial uses on the project site in the City's beach-tourist area. This designation applies to areas that "emphasize a variety of commercial uses that serve Santa Cruz residents as well as visitors. Mixed-use development is strongly encouraged in RVC districts". Specifically, the General Plan RVC designation calls out the Beach Area to "emphasize visitor-serving commercial uses such as hotels, motels, restaurants, and amusement parks, as well as residential and mixed-use developments in the Beach Area neighborhoods". Indoor and outdoor recreation facilities and other facilities related to hotel or motel facilities are permitted with the approval of a Special Use Permit and Design Permit in the R-T(B)/PER zoning district. The project is consistent with the 2030 General Plan and B/SOL Plan in that it will provide important visitor serving uses, and maximizes the development potential of an underutilized infill site. With the goal of the Motel Residential 17 28.22
RESOLUTION NO. NS-29,589
Performance Overlay district being "to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development", the proposed mixed-use project provides amenities to the existing Dream Inn as well as includes residential units to meet the purpose of the district.

35. That any additional conditions stipulated as necessary in the public interest have been imposed;
• Additional conditions have been added to the approval in order to ensure the commercial and residential activities do not negatively impact surrounding residential uses, including but not limited to conditions related to noise, transportation demand management, heritage tree protection/relocation, installation of pedestrian/bike/vehicular improvements, etc.

3.6. That such use or structure will not constitute a nuisance or be detrimental to the public welfare of the community; and
The project meets all district development standards and the overall building mass is broken up by architectural treatments, including decks, trellises and overhangs. Rooftop equipment is incorporated into the roof design and screened from adjacent properties. Utility installations such as trash enclosures, storage units, and parking are designed into the building, making them accessible but screened from view. Hotel visitors and residents of the site will be using multiple uses on the site, creating overlap and reducing the number of trips as well as a reduction in parking. The outdoor public seating spaces are oriented away from nearby residences and separated from those adjacent residential uses by building areas. Conditions of approval address use and operation of the public spaces. Taking all of these into consideration, the proposed uses incorporated in to the project will not constitute a nuisance or be detrimental to the public welfare of the community. Additional conditions have been added to the approval in order to ensure the development does not constitute a nuisance or would be detrimental to the public welfare of the community.

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

Not applicable.

Tentative Subdivision Map, Section 23.16.050

38. The proposed tentative map is consistent with the applicable general and specific plans.

The proposed tentative map is consistent with the applicable general and specific plans in that the subject parcel has a Regional Visitor Commercial (RVC) General Plan designation, which "emphasizes a variety of commercial uses that serve Santa Cruz residents as well as visitors.

Mixed-use development is strongly encouraged in RVC districts". Specifically, the General 18 28.23
RESOLUTION NO. NS-29,589
Plan RVC designation calls out the Beach Area to "emphasize visitor-serving commercial uses such as hotels, motels, restaurants, and amusement parks, as well as residential and mixed-use developments in the Beach Area neighborhoods".

The goal of the R-T(B)/PER (Motel Residential Performance Overlay) Zone District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development. Residential development density is limited to 1,450 square feet per dwelling unit, allowing for up to 66 units on site.

However, a Density Bonus is being requested as part of the application, which entitles the project to a 35% increase in the number of market rate units that are allowed, increasing the unit count to 89.

39. The design or improvements of the proposed subdivision are consistent with applicable general and specific plans.

The design and improvements of the proposed subdivision are consistent with the policies of the General Plan in that the site plan has been designed to intensify the residential land use of an underutilized parcel in an area served by municipal services. The design and improvements for the proposed mixed-use project are consistent with the following policies of the General Plan:
• Land Use Development Policy LU3.4 - In neighborhoods near visitor areas, give priority to uses that serve both visitors and residents. • Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
• Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Density bonus units • Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development. • Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
• Economic Development Policy 5.4.1 - Pursue multi -story development of surface parking lots for parking and other uses.

40. The site is physically suitable for the type of development proposed.

The site is currently a flat, at-grade paved parking lot with associated areas of landscaping that include some large, mature trees. The applicant has submitted adequate documentation, including but not limited to an arborist report, archeological reconnaissance, geotechnical feasibility plan review, traffic study, atid a preliminary grading plan and storm water 19 28.24
RESOLUTION NO. NS-29,589
management analysis for the site, that all indicate that the site is physically suitable for the proposed mixed-use development.

41. The site is physically suitable for the proposed density of development.

Based on the conclusions of the studies and plans submitted by the applicants, which include but are not limited to an arborist report, archeological reconnaissance, geotechnical feasibility plan review, traffic study, and a preliminary grading plan and storm water management analysis for the site, the proposed density of development is appropriate for the site. Thus, the site is .physically suitable for the proposed density. •

42. The design of the subdivision or proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
• The project site is developed and is located within a developed urban area. The site does not contain mapped sensitive habitat, nor does it connect to other habitat areas. City regulations require tree replacement for removal of a heritage tree to consist of replanting three 15-gallon or one 24-inch size specimen for each heritage tree approved for removal. The project's proposed tree and planting plan includes a total of 33 new trees:
• Two 24-inch box European fan palms
• Three 24-inch box cabbage trees
• Five 36-inch box goldenrain trees
Nine 36-inch box Brisbane box trees
• Fourteen 24-inch box California fan palms
The proposed tree planting would meet the 2:1 replanting ratio with 24- and 36-inch box trees for all of the removed trees. The tree and planting plan notes that the project would comply with the coastal zone heritage tree removal requirements, which require a two-for-one or more replacement for heritage trees removed in the coastal zone. Other new landscape plants proposed throughout the project would be coastal native and regionally adapted, with a focus onminimizing water use. Additionally, a standard condition of approval has been included that tree and vegetation removal occur between September 1 and January 31 of any given year to avoid the bird nesting season unless a survey is completed to confirm no nests are present before a tree is removed.

43. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

The project site is within a developed area that is currently served by municipal services, including utility systems, water service, and City Police and Fire Service areas, and therefore will not cause serious public health problems to future residents of the development. The preliminary subdivision design has been reviewed by the Public Works Department. All street and infrastructure improvements associated with the development will be reviewed and inspected by Public Works staff.

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44. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or the use of, property within the subdivision.

No public access or use easements exist on the subject parcel. Therefore, the proposed subdivision layout will not conflict with any public easements.

Density Bonus, Section 24.16.270

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

The housing development is eligible for a 35% density bonus, including waivers, as the proposal commits to providing 10 affordable units: eight units available to very low income households (i.e., households currently earning between $39,100 and $73,700 depending on household size) and two units available to low income (i.e., households currently earning between $62,650 and $118,100 depending on household size) or moderate income households (i.e., households earning between $73,100 an $137,800 depending on household size). With the 35% density bonus, the project can accommodate 89 total residential units (including the 10 affordable units). All financing mechanisms for implementation and monitoring costs will be provided by the applicants.

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

Not applicable.

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

Not applicable.

48. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care center, the development conforms to the standards included in Section

24.16.235.

Not applicable.

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

Not applicable.
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28.26 RESOLUTION NO. NS-29,589

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

Not applicable.

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

A "base-case.' project was prepared by the applicant showing how the maximum number of units allowed by the General Plan (absent the density bonus) could be accommodated on the site while meeting all zoning ordinance standards. Studying that base case, the average unit sizes for recent multiple-family residential projects, as well as the physical volumes of the proposed project under the 36-foot height limit, it is found that the additional 23 units allowed through the Density Bonus could not physically be accommodated without the added fourth story square footage. Therefore, the underlying zoning height standard would physically preclude the construction of the project with the requested Density Bonus.

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

Not applicable.

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

The mixed-use development is in the coastal zone and is consistent with the Santa Cruz local coastal program and the Beach-South of Laurel Area Plan LCP Policies, including but not limited to:
• Provide significant opportunities for Beach Commercial area redevelopment of underutilized land that will provide attractive retail, entertainment, lodging and support uses that will appropriately extend the operational activities of the Beach. (LU 2.6)
• Develop a comprehensive program to ensure general upgrading of entire Beach area lodging inventory. (ED 5.8)
22 28.27
RESOLUTION NO. NS-29,589
• Multi-level, large scale development to optimize use of opportunity sites; • Locating parking lots to the rear of structures, and wherever possible underground or within structures;
• Balconies, terraces, courtyards, and similar outdoor spaces to take advantage of views and create street vitality;
The project will not affect coastal views because the property is located on the inland side of West Cliff Drive, additionally, the existing Dream Inn Hotel borders the shoreline and stands between the project site and the ocean. Therefore, the site does not impact views between the sea and the first public roadway. The project site is not located within any sensitive natural habitat or resource areas as mapped in the General Plan and the Local Coastal Program. The site is currently an at-grade, paved parking lot with associated areas of landscaping that include some large, mature trees. Seventeen heritage trees are located on the site, six of which will be retained. City regulations require tree replacement for removal of a heritage tree to consist of replanting three 15-gallon or one 24-inch size specimen for each heritage tree approved for removal. The project's proposed tree and planting plan includes a total of 33 new trees:
• Two 24-inch box European fan palms
• Three 24-inch box cabbage trees
• Five 36-inch box goldenrain trees
• Nine 36-inch box Brisbane box trees
• Fourteen 24-inch box California fan palms
The proposed tree planting would meet the 2:1 replanting ratio with 24- and 36-inch box trees • for all of the removed trees. The tree and planting plan notes that the project would comply with the coastal zone heritage tree removal requirements, which require a two-for-one or more replacement for heritage trees removed in the coastal zone. New landscaping proposed throughout the project will be coastal native and regionally adapted, with a focus on minimizing water use.

The project includes a plaza that will be open to the public, permitting public access to the site that is currently a private parking lot. The plaza will be a public open space during the daytime hours, providing indoor and outdoor dining. Iniproved street realignment, sidewalk widening, bike lane improvements, and the addition of a roundabout at the corner of West Cliff and Bay Street will improve public access to the coast. The proposed expansion of the Dream Inn hotel ancillary facilities will provide new visitor-serving needs, providing food and retail uses for visitors, the new residences of the development, as well as existing residences in the West Cliff area. Due to its location in the beach areas, the project will draw visitors to tourist destinations along the coast, including the Boardwalk and wharf. As proposed, the project is consistent with applicable policies of the Local Coastal Program, which seek to minimize the impact of development on coastal resources and provide visitor-serving uses in the beach area.

Section 24.16.262 of the Zoning Ordinance allows for the additional height requested by the project, so long as the project is consistent with other specific requirements of the Local Coastal Program. As described throughout the project findings herein and the staff reports, the project is consistent with applicable Local Coastal Program requirements. 23 28.28
RESOLUTION NO. NS-29,589
With Respect to the California Environmental (Malitv Act

54. As further detailed and documented in the staff reports and associated attachments, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 for projects consistent with a community plan or zoning. The California Environmental Quality Act (CEQA) allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR (Public Resources Code Section 21083.3) for projects that are consistent with General Plan and local zoning designations and regulations. Pursuant to section 21083.3(b), if a development project is consistent with the general plan of a local agency for which an environmental impact report was certified, the application of CEQA shall be limited to effects on the environment which are "peculiar to the parcel or to the project" and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report. Subsection (d) further indicates that an effect of a project upon the environment shall not be considered "peculiar to the parcel or to the project," "if uniformly applied development policies or standards" have been previously adopted by the city or county, with a finding based upon substantial evidence, which need not include an environmental impact report, that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. Under these provisions of CEQA, a project that is consistent with a General Plan that was adopted pursuant to a certified EIR, could be potentially partially or wholly exempt from CEQA.

Section 15 .183 of the State CEQA Guidelines provides further guidance related to Public Resources Code section 21083. Specifically, if a project is consistent with an agency's General Plan for which an EIR has been certified, the agency shall limit its examination of environmental effects to those which the agency determines are peculiar to the project or the parcel, were not analyzed as significant effects in a prior EIR with which the project is consistent, are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR, or are previously identified significant effects which are determined to have a more severe adverse impact than discussed in the prior EIR.

An "Environmental Checklist Review" evaluated the impact categories covered in the City's General Plan EIR to determine whether the project's impacts have been adequately analyzed in the General Plan 2030 EIR or whether any new, significant impacts peculiar to the project or project site would result. Based on this review, it has been determined that the City's General Plan 2030 EIR have adequately addressed any potential environmental impacts from the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that Permit Application No. CPI 8-0043 requesting approval of the project is hereby approved subject to the Conditions of Approval attached hereto as Exhibit "A".

28.2924
APPROVED:

DISQUALIFIED: None.

ATTEST:- P114 Ilk
e Bush, Qity k Administrator
RESOLUTION NO. NS-29,589
BE IT FURTHER RESOLVED, by the City Council of the City of Santa Cruz, that approval of these permits includes direction to construct a roundabout at the intersection of Bay Street and West Cliff Drive.
'PASSED AND ADOPTED this 22" day of October, 2019, by the following vote:

AYES: Councilmembers Meyers, Mathews; Vice Mayor Cummings; Mayor Watkins.

NOES: Councilmembers Krohn, Glover, Brown.

ABSENT: None.
25 28.30
RESOLUTION NO. NS-29,589
EXHIBIT "A"

CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT
190 West Cliff Drive — CP18-0043
Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map to construct a four-story mixed use project consisting of two levels of underground parking, ground level commercial, and 89 residential condominium units on a parcel located in the RTB(PER)/(Motel Residential Performance Overlay)/CZ-0 (Coastal Zone Overlay)/SP-0 (Shoreline Protection Overlay) zone districts.

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

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

3. This permit shall be exercised within three (3) years of the date of final approval or it shall become null and void.

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

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

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

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

7. The project shall be cons stent with applicable Mitigation Measures from the General Plan 2030 EIR, including but not limited to those specifically identified in the environmental review documents prepared for this_project as well as those included as conditions herein.

8. The development of the site shall be in substantial accordance with the approved plans submitted and on file in the Department of Planning and Community Development of the City of Santa Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to plans or exceptions to completion may be granted only by the City authority which approved the project. Staff continue working with Clearview Court to minimize the shade with the design of the building.

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

6.12 of the Santa Cruz Municipal Code. Be aware that private companies offering refuse or FRM ZON-05.1
Meeting history ... 28.31

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
debris box services are not allowed to operate within the City limits, except under certain limited circumstances detailed in Chapter 6.12.160.

10. Future uses shall submit a disclosure statement for Zoning Administrator review prior to issuance of any occupancy permit regarding materials and chemicals to be used and disposed of from the site.

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

12. Prior to issuance of a building_r ermi the applicant shall provide evidence that they are ursuin LEED Gold Certification throu u the US Green Building Council. A summ of the proposed points shall be included with the submittal. Recognizing that formal certificationmay occur after certificates of occupancy are issued, the applicant shall provide evidence that the project has attained LEED Gold Standard Certification (at a minimum) through the US Green Building Council immediately following _ompletion of the c certification process.

13. The developer shall provide for a location on the proposed structure to allow for the installation of communication equipment so as to not diminish Wi-Fi or TV (dish) accessibility to Clearview Court Mobile Home Park.

14. ._ The sound wall proposed alon the western and northern property lines shall be 8-feet in height.

15. The Community Development Director is authorized, at the r uest of the a mlicant, to eliminate the rooftop deck areas (including associated features such as stairwells, railings, trellises etc. if further anal sis determines that the would be otentiall inconsistent with the Height Limits Modifications section of the Zoning Ordinance.

FRM ZON-05.1 Page 2 of 12
PC 8-15-19 28.32

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
PRIOR TO BUILDING PERMIT ISSUANCE:

16. All final working drawings shall be submitted to the Zoning Administrator for review and approval in conjunction with building permit application. The plans submitted for building permits shall have the same level of articulation, detailing, and dimensionality as shown in the approved plans. All approved exterior finishes and materials shall be clearly notated on the building permit plans.

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

18. Plans submitted for building permit issuance shall include civil plans and documents prepared by a licensed civil engineer that include dedications, architectural plans prepared by a California licensed architect, and landscape plans. All plan sheets shall be internally consistent.

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

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

21. Plans submitted for building permit issuance shall include electric vehicle charging stations as required per Section 24.12.241 of the Zoning Ordinance.

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

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

FRM ZON-05.1 Page 3 of 12
PC 8-15-19 28.33

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043

23. A Professional Archaeologist shall be retained to provide a pre-construction briefing to supervisory personnel of any excavation contractor as well as to comply the requirements under the City's accidental discovery program (such as the need to stop excavation in the event of a discovery, the procedures to follow regarding discovery protection and notification of the project proponent and archaeological team) as set forth in Section 24.12.430 of the Municipal Code. The pre-construction briefing shall discuss any archaeological objects that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the project proponent and archaeological team. An ALERT Sheet should also be developed to provide the information presented during the briefing along with contact information for an unexpected discovery.

24. The building permit plans shall include a construction plan that indicates site access areas, staging areas, and parking areas for construction vehicles during all phases of construction. The hours of construction shall comply with Chapter 9.36 of the Municipal Code. The construction plan shall be submitted for approval by the Zoning Administrator and Public Works Department that will at a minimum:
• Establish a reasonable route and number of truck trips to be permitted going to and from the site during demolition and grading activities, • Provide a parking plan for construction-related vehicles that minimizes parking on residential streets,
• Hauling of excavated materials shall be limited to between the hours of 7:00 AM and 4:00 PM
• Utilize properly muffled vehicles and equipment on the construction site., • • Delineate areas of the site where stationary equipment will be in place away from sensitive noise receptors to the maximum extent feasible, and Describe notification of adjacent residents of the construction schedule and a point of contact to address construction questions or concerns.

25. All trees shall be a minimum 15-gallon size.

26. Bike parking shall be provided in accordance with Section 24.12.250-252 of the City's Zoning Ordinance.

27. All utilities and transformer boxes shall be placed underground in accordance with the provisions of Section 24.12.700 through 24.12.740 of the Zoning Ordinance.

28. A drainage plan shall be submitted in conjunction with application for building permits.

29. The plans shall identify the location and size of the heating structure for the pool and spa. •The equipment shall be located within an enclosed structure and shall be located away from residences and shall not be visible from the public way. If feasible, the heating equipment shall be solar-generated. Noise levels from the heating unit shall be considered in determining the necessary sound ratings for nearby residential construction.

30. Plans submitted for building permits shall demonstrate compliance with Storm Water Best Management Practice (BMP) and Low Impact Development (LID) requirements for Private and FRM ZAN-05.1 Page 4 Of 12
PC 8-15-19

28.34 CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
Public Development projects contained in "Chapter 6B of the Best Management (BMP) Practices Manual for the City's Storm Water Management Program". All implemented LID measures shall be shown on the plans. A final Storm Water Control Plan (SWCP), Operations & Maintenance Plan and signed Maintenance Agreement shall also be submitted with the plans.

The SWCP shall demonstrate that the project meets the applicable requirements in the City's Storm Water BMPs for Private and Public Development Projects.

31. Handicap access shall be provided in accordance with California Building Code.

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

33. Final colors shall be approved by the Zoning Administrator prior to application for building permits.

34. The owner shall comply with the inclusionary housing requirements as outlined in Section Chapter 24.16 of the Zoning Ordinance, as well as enhanced affordability requirements resulting from the applicant's request for a density bonus, pursuant to Chapter 24.16 of the Zoning Ordinance. A Participation Agreement establishing compliance with inclusionary housing requirements shall be entered into prior to recordation of the final subdivision map and recorded prior to either sale of the first subdivision lot or final occupancy of the first unit, whichever occurs first. For the affordable units, staff shall_pursue a preference for those who live or work in Santa Cruz, to the extent possible according to Fair Housing Law.

35. The applicant shall be responsible for filing a Notice of Intent (NOI) with the State Regional Water Quality Control Board (RWQCB) and for developing a Storm Water Pollution Prevention Plan (SWPPP) prior to commencement of any soil disturbing activities at the site.

Prior to issuance of a building permit, the applicant shall provide the City with proof of coverage under the state's Construction Activities Storm Water General Permit, including a copy of the letter of receipt and Waste Discharger Identification (WDID) number issued by the State Regional Water Quality Control Board (SWQCB) that acknowledges the property owner's submittal of a complete Notice of Intent (NOI) package.

Planning, Building, and Public Works permits associated with the Coastal Development Permit approval referenced herein, shall be the responsibility of the Pemiittee or successors and assigns; and that the same risk, liability, and indemnification criteria outlined above shall apply to the City's cessation or relocation of access or services.

36. Prior to issuance of a building permit, the property owner shall file with the county recorder a deed restriction stating that:
b. Coastal Hazards Risk. By acceptance of the Coastal Development Permit CP18-0043 issued on , 2019 by the Santa Cruz City Council, the Permittee FRM ZON-05.1 . Page 5 of 12
PC 8-15-19 28.35

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
acknowledges and agrees on behalf of themselves and all successors and assigns, to all of the following: '
i. Coastal Hazards. That the site is subject to coastal hazards including but not limited to episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, tsunami, tidal scour, coastal flooding, landslides, bluff and geologic instability, bluff retreat, liquefaction and the interaction of same, many of which will worsen with future sea level rise.
ii. Assume Risks. To assume the risks to the Permittee and the property that is subject of this CDP of injury and damage from such coastal hazards in connection with this permitted development
iii. Waive Liability. To unconditionally waive any claim of damage or liability against the City, its officers, agents, and employees for injury or damage from such coastal hazards.
iv. Indemnification. To indemnify and hold harmless the City, its officers, agents, and employees with respect to the City's approval of the development against and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such coastal hazards. v. Property Owners Responsible. That any adverse effects to the property caused by the permitted development shall be fully the responsibility of the property owners.
vi. Services and Access Not Guaranteed. That the City may, due to the nature of the coastal hazards or other related circumstances, cease to provide access or services to the subject property; that any costs related to the provision of new or relocated access or services to the property, should the City cease to provide access or services in the manner approved through the initial Planning, Building, and Public Works permits associated with the Coastal Development Permit approval referenced herein, shall be the responsibility of the Permittee or successors and assigns; and that the same risk, liability, and indemnification criteria outlined above shall apply to the City's cessation or relocation of access or services.

37. An exterior lighting plan shall be provided which shall indicate that all exterior building lighting and landscape lighting is shielded to contain the light source in a downward direction to minimize off-site glare. Sufficient exterior lighting shall be provided at the sidewalk, within recessed areas, and within the parking garages to provide security and safety to pedestrians at night.

38. Fees. The following fees shall be paid prior to building permit issuance in addition to all other fees required for building permit issuance:
(a) The applicant shall pay required Traffic Impact Fees (TIF), currently estimated at $504,350 based on the applicant's traffic impact analysis report and 131 net new PM Peak Hour Trips, unless phased or deferred payment terms are approved by the Planning and Public Works Directors. Changes to the project, net new PM Peak Hour Trips and/or the per trip fee may change the amount of the TlF. The final TIP amount will be determined by the City based on the final building permit plans. • FRM ZON-05.1 Page 6 of 12
PC 8-15-19

28.36 CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
(b) The applicant shall pay the Park and Recreation Facility Tax pursuant to Chapter 5.72 of the City of Santa Cruz Municipal Code based on the final building permit plans.

39. Construction of a Mini-Roundabout shall be part of the project a mroval, not a traffic si w al.

The design, construction and row dedication of the approved Bay-West Cliff MiniRoundabout shall be the responsibility of the applicant. The City and applicant shall enter into a reimbursement agreement relating to the construction of public facilities or improvements beyond the scope of the impacts of the development project in accordance with Sections 10.85.050 and 10.85.060 of the Municipal Code.

40. A Sewer Impact R ort for the roiect must be completed and a mroved prior to the issuance of the building permit. Fair Share contribution must be paid prior to building permit issuance.

41. Prior to issuance of a building permit, an internal traffic management plan shall be approved by the Public Works Department. Any physical improvements required, such as striping or signage, shall be included in the construction drawings submitted with the building permit and installed prior to issuance of a certificate of occupancy.

42. The applicant shall pay required Public Works On-Site and Off-Site Public Improvements Inspection Fee based on the final building permit

43. Tree and vegetation removal shall occur between September 1 and January 31 of any given year to avoid the bird nesting season. If that schedule is not practical, a qualified biologist shall be hired to conduct a pre-construction nesting bird surveys no more than two weeks (14 days) prior to vegetation removal. If any active bird nests are observed, the biologist will designate a buffer zone around the nest tree or shrub as follows: 200 feet for nesting raptors and 50 feet for all other bird species. This buffer zone may be adjusted if the biologist determines that other factors may help shield the active nest, such as vegetative screening between the nest and the vegetation removal site that reduces the nesting bird's ability to see the activity. No vegetation removal will take place within the buffer zone until the biologist has determined that all chicks have fledged and are able to feed on their own.

44. Tree replacement for removal of a heritage tree shall consist of replanting three 15-gallon or one 24-inch size specimen for each heritage tree approved for removal. In-lieu fees may also be accepted that to go to the City's Tree Trust Fund for off-site planting of trees.

45. The applicant shall provide Planning and Building Community Development Department staff with verification that a qualified geotechnical engineer has reviewed the plans for consistency with the project geotechnical and geologic reports, prior to issuance of a building permit. If deemed necessary, additional or supplemental geotechnical analyses may be requested by Planning and Community Development or Public Works staff. A final review letter shall be provided by the geotechnical engineer prior to final inspection.

46. A project-level noise assessment shall be submitted as part of the building permit plan check process. The window and door schedules shall clearly note the STC ratings for all exterior windows and doors. The ratings shall comply with all building codes and shall take into consideration all on-site noise generating equipment, such as the pool/spa equipment, etc.

FRM ZON-05.1 Page 7 of 12
PC 8-15-19 28.37

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043

47. Requirements for the approval of grading:
• All grading shall be done in accordance with the latest City of Santa Cruz Municipal Code, Chapter 24.27.
• All work shall be in accordance with recommendations specified in the geotechnical investigation report prepared.
• All clearing, site preparation or earth work shall be performed under inspection by the Soils Engineer and to the satisfaction of the Soils Engineer. • Dust caused by the grading operations shall be controlled by proper watering. • A grading permit from the Chief Building Official will be required prior to commencement of work.
• A pre-grading conference at the site is required prior to the start of grading with the following people present: owner, contractor, engineer, soils engineer, and City Inspector, or their representatives.
• The engineer will inspect the site after grading has been completed, and inform the City of Santa Cruz whether grading was done in conformance with the grading plans. • Plans set forth in the schedule, location, and type of planting shall be submitted to the Planning Department for approval upon completion.
• Work shall be done in accordance with approval plans on file in the Building Department. • Grading shall be done during periods of dry weather, and protective measures shall be incorporated during grading to prevent siltation from any grading project halted due to rain.

DURING CONSTRUCTION:

48. During all grading and subsurface excavations (including utility-line trenching) an archaeologist and a Native American observer, authorized by the Planning Department, shall be present to collect and catalog any material uncovered. The cost for this service shall be paid by the • applicant.

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

FRM ZON-05.1

Page 8 of 12 ends

PC 8-15-19

28.38 CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043

50. Work shall be halted and resources examined in the event of encountering paleontological resources during construction. If the find is significant, the city will require the treatment of the find in accordance with the recommendations of the evaluating paleontologist. Treatment may include, but is not limited to, specimen recovery and curation or thorough documentation.

51. The plan for erosion control approved as part of this application shall be submitted and all work installed by November 1.

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

53. Prior to site grading or any disturbance all trees and/or tree stands indicated for preservation or approved plans shall be protected through fencing or other approved barricade. The Tree Protection Plan included as part of the arborist report (Arborist Report and Tree Preservation Plan 190 West CliffDrive, Santa Cruz, CA. May 9, 2018. Prepared by Michael L. Bench) shall be adhered to. Such fencing shall protect vegetation during construction and shall be installed to the satisfaction of the Director of Planning and Community Development prior to construction. A signed contract with a certified arborist shall be provided prior to building permit issuance to ensure that the arborist report recommendations are implemented. Prior to removal of any heritage tree, the applicant shall provide evidence to the Zoning Administrator and City Arborist that they have consulted with a tree moving expert to determine the feasibility of moving the trees, as long as the moving of the tree(s) does not affect the feasibility of the project. If it is determined that any heritage trees are feasible to relocate, relocation shall occur under the supervision of the project arborist and City Arborist.

54. No alteration. of grade shall occur within the drip line of any tree or tree stand marked for preservation.

55. No equipment storage, filling/stockpiling or storage and/or dumping of construction-related materials shall occur within the drip line of any tree and/or tree stand marked for preservation.

56. Trees damaged in the course of construction shall be repaired in accordance with accepted arboreal methods. All required tree repair shall be completed and accepted by the City of Santa Cruz prior to occupancy of the premises.

57. Any tree marked for preservation which is subsequently removed shall be replaced by two (2) specimen trees of a variety and at locations specified by the Director of Planning. All such trees shall be replaced prior to occupancy of the premises.

58. Construction activities shall be limited to the hours of 7:00 AM to 6:00 PM, Monday through Friday, provided however, that construction processes (e.g., concrete pouring) that require extended hours and days shall be reviewed and approved by the Building Official. The developer shall develop and implement a program to notify surrounding businesses and residents of construction schedules and duration of activities that could result in vibration and noise disturbances, and designate a contact person regarding complaints. Additionally, construction activities involving work on the interior of the building that does not result in FRM ZON-05.1 Page 9 of 12
PC 8-15-19 28.39

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043
audible levels of noise at the surrounding property lines may occur outside of the specified hours.

PRIOR TO BUILDING PERMIT FINAL/OCCUPANCY:

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

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

Such maintenance shall be secured through an 18-month bond prior to occupancy.

61. The applicant shall submit a parking management plan outlining the details of the Valet system, subject to the approval of the director of Public Works. The management plan shall be submitted and approved prior to occupancy.

62. The applicant shall prepare a signage plan for the project and submit it for design permit review and approval before occupancy of structure.

63. Prior to Final Occupancy, the undergrounding of overhead utilities on West Cliff Drive shall be completed per the approved plan.

64. Prior to Final Occupancy, the transportation improvements at the Bay-West Cliff intersection, West Cliff Drive and Bay Street shall be constructed and operational per the approved plan.

65. Prior to Final Occu_pancy, dedications for transportation and offsite improvements shall be complete per the approved plan.

OPERATIONAL CONDITIONS:

66. The property owner shall be responsible for the on-going maintenance of the building and site in good condition including maintenance of exterior materials, landscaping, sidewalks, street furniture, lighting, open space areas, upper floor balconies free of clutter, appropriate window treatments, and the parking garages.

67. This permit does not allow for the service of alcohol or live entertainment with future commercial uses. Any proposed alcohol or live entertainment uses shall obtain approval of a separate Use Permit and/or entertainment permit. Dedicated restaurant seating for the Market Hall and Café shall be limited to the areas specified on the site plan and will not be permitted in the common public Coastal Paseo area which shall remain available to the general public.

68. All outdoor seating areas shall comply with noise limitations specified in Section 24.14.260 of the Zoning Ordinance.

69. Amplified music in the paseo courtyard is not permitted if it is audible from any off-site residential property and shall comply with Zoning Ordinance standards.

FRM ZON-05.1 Page 10 of 12
PC 8-15-19 28.40

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043

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

71. No signs shall be installed on the site without prior approval of a Master Sign Program.

72. The applicants shall implement the measures and strategies listed in the Transportation Demand Management Plan (190 West Cliff Drive Mixed-Use Transportation Demand Management (TDM) Plan. June 18, 2018. Prepared by Fehr Peers) and as approved by the Public Works Department. The TDM strategies shall result in trip generation at 10% below the predicted ITE rates. After one full calendar year following the initial issuance of a certificate of occupancy, the developer shall be responsible for conducting parking and trip counts by a third-party firm and in a form approved by Public Works. Should the resulting TDMs not achieve a 10% reduction below predicted rates, additional TDM measures shall be required. Annual trip counts shall be required until three consecutive years achieve the 10% reduction in demand. The applicant shall implement the recommended TDM strategies from the Fehr and Peers report for employees and residents. The applicant shall pay the standard hourly rate for the review of the reports.

73. The valet system shall be available 24 hours a day, and shall be mandatory for hotel guests.

74. The Coastal Paseo area shall be designed and maintained to be closed during hours when the associated businesses are closed, subject to Zoning Administrator discretion. The plans shall include details for sliding gates, doors, or other features proposed to close the spaces.

75. Security cameras shall be provided in the parking garages, stairwells, and plazas. Recordings shall be accessible to police within 24 hours with a 30-day retention capability.

76. Ground floor glassshall not be reflective, tinted, mirrored or otherwise screened from public view.

77. Deck railings on the side of the buildings facing Clearview Court shall be an opaque material.

78. Approval of this Special Use Permit allows indoor/outdoor recreation facilities and other commercial uses that are related to the existing hotel at 175 West Cliff Drive to occupy designated tenant spaces subject to approval of a Zoning Clearance. The Zoning Administrator may, at his/her discretion, refer certain uses to the Planning Commission as part of an application for a Special Use Permit to obtain confirmation that a proposed use is consistent with the RT(B)/PER Zone District."
SUBDIVISION CONDITIONS:

79. The Tentative Subdivision Map shall be exercised by filing a Final Map within thirty-six (36) months of the date of final approval, unless extended by city ordinance or state law, or it shall become null and void.

FRM ZON-05.1 Page 11 of 12
PC 8-15-19 28.41

CONDITIONS OF APPROVAL
For 190 West Cliff Drive — CP18-0043

80. The final map of the subdivision shall be submitted showing compliance with all the provisions of Title 23 of the Santa Cruz Municipal Code, or with approved exceptions thereto..

81. All utility easements shall be provided as shown on the approved tentative map on file to meet the requirements of the utility companies and of the Director of Public Works.

82. All sewer laterals shall be in accordince with the Standard Detail (3471-A-1) and shall be capped at the property line in a manner approved by the Director of Public Works.

83. Storm drainage facilities shall be installed in accordance with the specifications of the Director of Public Works.

84. All necessary easements shall be acquired prior to City Council acceptance of the final subdivision map.

85. Each unit/lot shall have separate utility service.

86. Electroliers shall be installed in the subdivision as shown on the approved tentativemap, and in accordance with the specifications of the Director of Public Works.

87. Standard fire hydrants shall be installed in accordance with the specifications of the City Fire Department and the Director of Public Works.

88. Permanent monuments shall be furnished and installed by the subdivider as required by the Director of Public Works.
• 89. All plans and profiles of improvements shall be approved by the Director of Public Works prior to the filing of the final map, and the construction of said improvements shall be in accordance with the City specifications and shall be inspected by the Director of Public Works or his authorized agent.

90. The reproducible mylars of the plans and profiles for said improvements shall be furnished to the Public Works Department and shall become the property of the City of Santa Cruz at the time of approval.

91. Prior to the approval of the final map, Covenant, Conditions and Restrictions (CC&Rs), containing the provisions set forth in Section 23.37.010.1 of the Subdivision Ordinance, shall be filed with the City Planning Director.

92. No permits or work shall commence on the subject property until approval of the final map.

93. An 18-inch easement shall be granted to the Clearview Court Mobile Home Park along the ' western property, as shown on the approved plans. This easement will be in addition to the existing 6-foot easement that currently exists along the western property line. • FRM ZON-05.1 Page 12 of 12
PC 8-15-19 28.42

ENSEMBLE
July29,2024

VIA E-MAIL
Lee Butler
Directorof Planning & Community Development
Planning & Community Development Department
Cityof SantaCruz
809 CenterStreet, Room 101
Santa Cruz, CA 95060
Re: ApplicationCP1S-OO43-l9OWestCliffProiect
Waiver of Permit Exoiration Deadline
Dear Lee:

On behalf of Cliff Bay Partner (the project applicant), the entire Ensemble team, and our investors, I wanted to expressoursinceregratitudeand appreciation forallof staff'sefforts in connection with the City's review and approval of the 190 West Cliff Project. We are proud of the collective effort it took over many years to create the type of mixed-use project that balances the need for housing in the CoastalZone,as well as the need for visitor-serving amenities, public improvements, and other community benefits. Although we ultimately could not satisfy everyone despite receiving the City's approval in October 2019 and the Coastal Commission's determination that the appeals did not raise a Substantial lssue in July 2O23,it was not for lack of trying.

Sincethe CoastalCommission denied the appeals in July2023,there has been no impedimentto moving forward with the project legally. But as you know, we have not attempted to exercise our entitlements by submitting for a building permit. Market conditions have changed dramatically since this Project was first conceived almost a decade ago. Based on pricing exercises conducted over the past couple of years and again more recently, the current combination of high interest rates, inflation, construction costs, and other marketchanges havesubstantially increased development coststo the pointthatmoving forward with the project is notfeasible.

It isan extremely unfortunate resultthatwewere unabletoexecuteon aprojectthatwould have delivered 89 newfor-sale homes, including B homesforvery-low incomefamiliesand 2 homesfor low-incomefamilies-homesthatbutforthe lengthyappeals processwould already have been builtand occupied.This is nottheoutcomewewere hoping for, but it isthe realitywearefacing at thistime.

Section 24.04.160 of the City's Zoning Ordinance provides that our permits expire and become null and void 36 monthsfrom thedate of theywereapproved, subjecttothe stayarising from the CoastalCommission's lengthyappeals process. Sincewe have no intentto exercise our permits, +1 (562) 257-1O1O
+1 (BBB) 428-2228
444W Ocean Blvd, Suite 650
Long Beach, CA 90802
info@ensem ble.net
www.ensemble.net

28.43 ENSEMBLE
and because we are the beneficiaries of the provisions in the City's code related to tolling and permit expiration deadlines, please acceptthis letterasourformalnoticethatweare herebywithdrawing and abandoning the projectapprovalsandwaiving the permitexpiration deadline. Wesee no need to waste the Coastal Commission's resources on litigation (which we believe is frivolous in any event) on a project that is not going to be built.

Accordingly, we consider our permits for the 190 West Cliff project, inclusive of the Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request, Encroachment Permit, and Tentative Map (Application Number CPl8-0043), to be null and void as of the date of this letter. The City and any other interested parties may rely on this letter as formal notice of our withdrawal and waiver.

As you are aware, there is also an indemnification agreement in place in connection with the project. ln light of this letter and our decision, we do not see a need to formally request a release from those obligations butof coursedo notexpecttheCitytospend anytimeorresourcesonthe project movingforward.

As it relates to the pending litigation, as the City is aware, we did not file an answer and will not be participating anyfurther in the litigation whichwe believe is moot. lf you have any questions, please do not hesitate to contact me dírectly Very rS,
Cc: Matt Huffaker, City Manager
Tony Condotti, City Attorney
+1 (562) 257-1O1o
+1 (888) 428-2228
444W Ocean Blvd. Suite 650
Long Beach, CA 90802
inf [email protected]
www.ensemble.net
Babaoff

28.44 CITY COUNCIL

AGENDA REPORT
DATE: October 7, 2019
AGENDA OF: October 22, 2019
DEPARTMENT: Planning and Community Development
SUBJECT: 190 West Cliff Drive: CP18-0043 (APN 004-081-12) - Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to Exceed Height, Encroachment Permit for Street and Intersection Improvements, and Tentative Map to Construct a Four-story Mixed Use Project Consisting of Two Levels of Underground Parking, Ground Level Commercial, and 89 Residential Condominium Units on a Parcel Located in the RTB(PER)/CZ-O/SP-O (Motel Residential Performance Overlay, Shoreline Protection Overlay and Coastal Zone Overlay) Zone District. The Planning Commission Heard the Item on August 15, 2019 and Recommended Approval of the Project (Environmental Determination:

Statutory Exemption) (Applicant/Filed: Cliff Bay Partners, LLC/ 2/27/2018) (PL) RECOMMENDATION: Resolution acknowledging the environmental determination and approving the Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map based on the findings included in the attached draft City Council resolution and Conditions of Approval in Exhibit “A” of the resolution.

BACKGROUND: This project involves a proposal to construct a four-story, mixed-use project consisting of two levels of underground parking, ground level commercial space, and 89 residential condominium units. The parcel is 95,055 square feet and zoned RTB(PER)/(Motel Residential Performance Overlay)/CZ-O (Coastal Zone Overlay)/SP-O (Shoreline Protection Overlay). The purpose of the Motel Residential Performance Overlay district is to establish and control uses to ensure development which protects neighborhood integrity while supporting appropriate uses.

The goal of the RTB/PER District is to limit the future development of hotel or motel rooms in the district, but to allow ancillary hotel support facilities as well as additional residential development. To encourage development which is attractive to both permanent residents and tourists, emphasis is placed on compatibility of design, landscaping, and a comprehensive review of site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. Indoor and outdoor recreation facilities and other facilities related to hotel or motel facilities are permitted with the approval of a Special Use Permit and Design Permit.

The project also requires approval of a Coastal Permit because the site is located within the CZ-O (Coastal Zone Overlay) and SP-O (Shoreline Protection Overlay) district.

28.45 During the project’s preliminary application review phase, a community meeting was held in June 2017. After changing architects in response to the initial community feedback, the formal project application was subsequently submitted to the City in February of 2018. After formal submittal, two community meetings were held, the first on December 3, 2018 and the second on July 10, 2019. Both meetings were noticed with signs on the property, mailed notices to property owners and tenants within 1,000 feet of the project site, emails to interested parties, and information on the City’s website. The community meetings were attended by the project development team, several City staff members, and members of the Planning Commission subcommittee. Approximately 150 members of the public attended the December meeting, while approximately 60 attended the July meeting. Formal comments were submitted by the public at the meetings and City staff noted key issues raised during the meeting. In addition to the community meetings, a project webpage was created and posted to the City of Santa Cruz website which allows for members of the public to submit comments to the project planner. The following key issues were raised by members of the public during the above described outreach methods:
 Slope stability due to excavation for the underground garage  Traffic Impacts, specifically the West Cliff Dr./Bay Avenue intersection and cut-through traffic on neighboring streets
 Impact of a roundabout and access for emergency vehicles and response times  The level of CEQA environmental review
 Vibration impacts from construction on the Clearview Court mobile homes  Noise amplification from the new structure
 Shadow impacts on Clearview Court
 Parking impacts
In addition to these concerns, staff received many comments in support of the location, commercial uses, and design of the project. Correspondence received to date is included in the Planning Commission Staff Report (Attachment 2) and Attachment 6 to this report. The Planning Commission Staff Report attachment includes more detailed notes from the December 2018 and July 2019 community meetings, along with a series of environmental review documents that were presented to the Planning Commission. The project applicant also held many meetings with the surrounding neighbors that staff did not attend. Residents at Clearview Court Mobile Home Park indicated at the July meeting that they had raised concerns with the applicant that had not been addressed. In response, staff asked the applicant to provide a summary of the Clearview Court Mobile Home Park’s concerns and the applicant’s response to those concerns. The document provided by the applicant is included as Attachment 8.

Planning Commission
On August 15, 2019, the Planning Commission held a public hearing for the project. Thirty-one members of the public spoke at the hearing, with ten supporting the project and twenty-one opposing the project. The Commission recommended (3-2-2) that the City Council approve the project, including approval of:
 Acknowledgment of the environmental determination
 Coastal Permit

28.46  Design Permit
 Special Use Permit
 Density Bonus Request to exceed height
 Encroachment Permit for street and intersection improvements; and  Tentative Map
A detailed analysis and description of the above-mentioned permits recommended for approval can be found in the attached Planning Commission Staff Report. Also, the Action Summary for the August 15, 2019 Planning Commission is attached.

A number of issues were brought up during the Planning Commission hearing, including impacts to Clearview Court Mobile Home Park such as shadows, exhaust, construction vibration, and noise. Other issues mentioned included traffic, intersection improvements (roundabout vs signal/bike lanes), building mass and height, commercial compatibility in the area, cliff stability due to excavation, parking, and delay of emergency services. Supporters of the project pointed out the housing crisis and the need for housing in Santa Cruz, especially the enhanced affordability levels included as part of the density bonus (more fully discussed on pages 17-19 of the attached Planning Commission Staff Report), the street improvements to improve traffic, bike and pedestrian safety, the need for density as it is green and gets people out of their cars, and the project’s consistency with the General Plan and Zoning.

The majority of Planning Commissioners supported the project, complementing the site design and architecture. Other comments included:
 Providing housing is a high priority for the City.
 Concern with height of the building, specifically staircases and rooftop decks. Some Commissioners supported the use of the rooftop for open space.  The application of State Density Bonus Law was questioned, and whether more affordable units should be required.
 Desire to limit vacation rentals at the development.
 Noise and vibration study should be conducted to determine if there will be impacts on neighboring Clearview Court.
 Raising the height of the perimeter sound wall from 6 feet to 8 feet was suggested.  Recommend an on-site traffic management plan be developed.  Cruzio Wi-Fi installation for Clearview Court residents to use.  A welcoming development with public plaza.
 Concern with the accuracy of the renderings along the southern elevation.  Well-designed west elevation, open space breaks up the massing adjacent to Clearview Court.
 Support the eight quality very-low income units.
 West Side is not immune to housing needs.
 Support project as there is a lack of multi-family housing compared with single-family homes in Santa Cruz.
 Support economic aspects in regards to the Dream Inn Hotel being unionized.  Project would contribute to economic development of the city.  Dream Inn employees would have access to affordable units.  Beautiful project.

28.47  Appreciate undergrounding of utilities.
 State mandates CEQA streamlining, CEQA checklist is sufficient and an Environmental Impact Report (EIR) is not needed.
 Tree removal concerns, would like to see tree sizes increased to 48-inch box.  Geotech conducted is sufficient - trust local Gary Griggs review.  The site is a transition area between beach commercial and west side residential, the project is a good hybrid.

The Planning Commission’s motion to recommend approval included the following additional recommendations:

1. Staff is directed to augment the California Environmental Quality Act (CEQA) Checklist as follows:
 Incorporation of a Noise Impact analysis to include vibration impacts on surrounding development during construction.
 Linking General Plan 2030 Environmental Impact Report mitigation measures and uniformly applied development standards to impacts associated to the project.

2. The Conditions of Approval shall be revised to include the following additions:
 Revise condition number 46 to include “Prior to removal of any heritage tree, the applicant shall consult with a tree moving expert to determine the feasibility of moving the trees, as long as the moving of the tree(s) does not affect the feasibility of the project.
 Deck railings on the side of the buildings facing Clearview Court shall be an opaque material.
 An internal traffic management plan shall be developed.  The project buildings shall be LEED Gold Standard Certified (at a minimum).  The developer shall assure the availability of access to Wi-Fi to Clearview Court and shall not be reduced from its present level.

3. The Planning Commission requested that staff include the following in the staff report to City Council:
 Clarify the interpretation of Zoning Code Section 24.10.617.2(4)(c) regarding third story step backs.

DISCUSSION: A detailed analysis and description of the project can be found in the attached Planning Commission staff report (Attachment 2 – note that attachments to that Planning Commission staff report are available from the August 15, 2019 Planning Commission agenda at http://www.cityofsantacruz.com/planningcommission). Staff has addressed the recommendations of the Planning Commission since the August public hearing as described below. Also included are discussions regarding two other topics of interest, the intersection of Bay Avenue and West Cliff Drive and the density bonus request as it relates to inclusionary housing requirements.

Additional information on these topics is also contained in the attached Planning Commission staff report.

28.48 Conditions of Approval
Per the recommendations of the Planning Commission, the following conditions have been revised or added to the conditions of approval attached to this staff report:
 Condition number 46 has been revised to include the following language, “Prior to removal of any heritage tree, the applicant shall provide evidence to the Zoning Administrator and City Arborist that they have consulted with a tree moving expert to determine the feasibility of moving the trees, as long as the moving of the tree(s) does not affect the feasibility of the project. If it is determined that any heritage trees are feasible to relocate, relocation shall occur under the supervision of the project arborist and City Arborist.”  Final building plans shall indicate that the deck railings on the side of the buildings facing Clearview Court shall be an opaque material.
 Prior to issuance of a building permit, an internal traffic management plan shall be approved by the Public Works Department. Any physical improvements required, such as striping or signage, shall be included in the construction drawings submitted with the building permit and installed prior to issuance of a certificate of occupancy.  Prior to issuance of a building permit, the applicant shall provide evidence that they are pursuing LEED Gold Certification through the US Green Building Council. A summary of the proposed points shall be included with the submittal. Recognizing that formal certification may occur after certificates of occupancy are issued, the applicant shall provide evidence that the project has attained LEED Gold Standard Certification (at a minimum) through the US Green Building Council immediately following completion of the certification process.  The developer shall provide for a location on the proposed structure to allow for the installation of communication equipment so as to not diminish Wi-Fi or TV (dish) accessibility to Clearview Court Mobile Home Park.

These conditions have been added to the conditions of approval and are underlined to distinguish them from the original conditions considered by the Planning Commission. Additionally, the Public Works Department has provided Planning staff with some revised conditions to clarify conditions that were discussed at the Planning Commission meeting. Those conditions have also been underlined.

Zoning Code Section 24.10.617.2(4) – Third Story Setback Interpretation During the Planning Commission hearing there was some discussion as to the interpretation of Zoning Code Section 24.10.617.2(4)(c). The section addresses the required setbacks for any third story elements and is one of five standards related to siting in the RTB(PER)/(Motel Residential Performance Overlay) zone district:

4. Siting.
a. Development shall be designed to create plazas and pedestrian spaces featuring amenities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

28.49 b. Building facades shall be articulated with wall offsets, recesses openings ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.
c. Any third story element of residential or support development shall be stepped back from the two story element by at least fifteen feet, from the property lines at the streets. d. Buildings design shall be encouraged to include significant building modulation and roof form articulation as specified within the Design Guidelines. e. All required front setback areas shall be landscaped in accordance with the standards or the Design Guidelines.

The Planning Commission requested that the City Council staff report include a clarification of how staff has interpreted Section 24.10.617.2.4(c), as it is poorly written. This interpretation was discussed by staff early on in the project review process. While the first part of the sentence indicates that the third story element should be setback from the two story element by fifteen feet, the second part of the sentence cites the stepback as being measured “from the property lines at the streets,” which significantly changes the meaning of the section. Staff has interpreted this as the third story element maintaining a minimum fifteen foot setback from the property lines that border the two streets. With a proposed setback of 15’-9” for the third story elements, staff has determined that the project meets the section. It should also be noted that an upper floor stepback will still occur, as setback requirements are based on height, with one foot of setback required for each three feet of height. As an example, the first and second floors along Bay Street will be setback approximately 8 feet, with the third floor setback 15’-9”, for a stepback of over 7 feet.

An alternative interpretation, such that the third story element is required to be setback an additional 15 feet from the second story element, would mean that the inclusion of “from the property lines at the streets” would have no meaning. As that text was included, it was intended to have meaning. Thus, a literal interpretation of the code is that the third story must be stepped back from the second story, which is then qualified by the final phrase such that the stepback is applicable to areas along streets and must achieve a setback of at least 15 feet from the property line at the street. Further, in practical terms, if a 15-foot stepback of the third story from the second story were required, the third story element would need to be setback anywhere from approximately 23 to 30 feet from the property line at the street. Not only would this be a fairly excessive setback from the street, it could result in an unintended consequence of pushing the massing toward the neighboring residential properties where additional setbacks provide a buffer between the new development and the smaller-scale buildings that are adjacent. That being said, the third floor elements bordering the residential Clearview Court Mobile Home Park are setback to 28’-2” (rear) and 25’-6” (interior side), more than doubling the 11’-8” setback required by code.

A letter from the attorney representing the applicant, Frank Petrilli with Arent Fox, dated October 9, 2019 addresses this issue and is included with Attachment 6 to this report.

28.50 Rooftop Decks
The subject of rooftop decks was discussed at the Planning Commission hearing, and a letter from attorney Miles Dolinger representing Save Santa Cruz Westside (Attachment 6) was received questioning the additional height of the building due to the rooftop decks. This issue was also discussed in the October 9, 2019 letter from the applicant’s attorney (also included with Attachment 6).

There are roof structures proposed that extend above the 47-foot height, including stairway housing for access to rooftop decks and trellises that house photovoltaic panels. Additionally, a 42-inch safety railing would be required around each rooftop deck per building code requirements. A total of 27 rooftop decks are proposed, totaling 13,077 square feet, with the average deck being approximately 484 square feet in size. Section 24.12.150 of the Zoning Ordinance allows architectural features to exceed the height limit, including “cupolas, scenery lofts, or other roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building.” Additionally, the Beach and South of Laurel (B/SOL) Plan Design Guidelines call for “Flat roofed buildings (to) incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare box appearance”.

Staff considered an argument that the clause “used solely to operate and maintain a building” applies to any of the height exceptions listed. An application of that final clause to all elements of the height exception would mean that the first two items in the list, cupolas and scenery lofts, would be allowed only if they contain “equipment used solely to operate and maintain a building.” However, the definitions of cupolas and scenery lofts in the zoning ordinance clearly would not allow for equipment used to operate or maintain a building. Thus, the final clause cannot be applied to the entire list of items.

Staff also considered an argument that the clause “used solely to operate and maintain a building” applies only to the latter portion of the entire exception – to “elevators, stairways, tanks, ventilating fans, or other similar equipment.” However, on close analysis, that interpretation did not work either. Applying that logic would mean that stairways are considered “equipment,” and common understanding and use of stairways does not consider them equipment.

In staff’s careful and thorough consideration of the height exception, isolating the clause “used solely to operate and maintain a building” to where it actually located, tied to the “other equipment” in the list, became not only the most straightforward but also the only accurate way to apply the clause given that other applications of the clause would result in inherent inconsistencies in definitions or common usage of terms. Thus, it became clear that the intent of the height exception is to allow for a range of architectural features to exceed the height limit, including stairways and separately including equipment used solely to operate and maintain a building. In the project proposal, stairwells, railings around rooftop open space, and solar panels on trellises would all qualify for this height exception.

Thus, based on the analysis of Zoning Ordinance Section 24.12.150 and supported by the B/SOL Design Guidelines, staff’s interpretation is that the stairway housing, trellises, solar panels, and safety railings would all fall under the Height Limits Modifications (24.12.150) section of the

28.51 ordinance and would therefore be permitted. Rooftop decks have been an efficient way to provide open space for multi-family developments in urban areas, and several recent city projects have been approved with rooftop decks, including 716 Darwin Street, 555 Pacific Avenue, 1129 Soquel Avenue, and the Pacific/Front/Laurel Mixed-Use development. The interpretation was discussed at the Planning Commission hearing, and the majority of the commissioners agreed with staff’s interpretation and supported the use of the rooftop for open space.

Density Bonus
A Density Bonus is being requested as part of this application, which is explained in detail in the attached Planning Commission staff report (Attachment 2, pages 17-19). The subject of Density Bonus Law and inclusionary housing was discussed at the Planning Commission meeting, with one of the commissioners questioning the City’s interpretation of the law. It was argued that, with the application of California’s State Density Bonus statute in conjunction with the City’s 15% inclusionary housing ordinance, 18 affordable units should be provided as part of this project instead of the ten proposed. The rationale was that these are two separate programs with separate requirements, hence eight very low-income affordable units should be provided pursuant to State Density Bonus law, and ten inclusionary units should be provided pursuant to the City’s inclusionary ordinance.

Staff consulted with the City Attorney as well as the City’s affordable housing attorneys Golfarb and Lipman as part of the review of the project, and it was determined that the City cannot “stack” the density bonus on top of our inclusionary requirements. In 2013, the California Court of Appeal in a decision titled Latinos Unidos Del Valle De Napa Y Solano v. County Of Napa held that it is legally impermissible under the density bonus statute for a city or county to use its inclusionary ordinance to increase the minimum number of affordable units over that called for by the statute in order to qualify a housing project for a density bonus. In doing so, the court invalidated a section of the Napa County density bonus ordinance that stated “These density bonus units will be provided, at the request of the applicant, when that applicant provides target units in addition to the affordable units required by [Napa 20% inclusionary ordinance] Section

18.107.080.” The court held that the Napa ordinance was inconsistent with the state density bonus law and therefore invalid, reasoning that “…allowing the County to increase the number of affordable units required for a density bonus would conflict with subdivision (f) of section 65915, which bases the amount of density bonus on the percentage of affordable housing units in the project.” In summary, according to the Latinos Unidos decision, a developer is allowed to include affordable inclusionary units in the number of affordable target units necessary to qualify for a density bonus. This decision has not been modified or overruled by any subsequent decision, and the California legislature has not amended Section 65915 to negate the decision’s holding.

Cities have very limited discretion when reviewing density bonus applications. Cities are generally obligated to grant a density bonus and incentives, concessions, waivers, or reductions in development standards to the developer, so long as the proposed development complies with the applicable affordability requirements and the waivers or concessions/incentives meet certain standards. Projects that include a specified amount of affordable housing are entitled to a density bonus, even if the density bonus would allow a project to exceed the maximum density under the City’s zoning code.

28.52 Environmental Review
In analyzing a proposed project, the City may consider whether existing environmental documents already provide an adequate analysis of potential environmental impacts. An earlier analysis may be used where, pursuant to tiering, program environmental impact report (EIR), or other California Environmental Quality Act (CEQA) provisions, it can be determined that one or more effects have been adequately analyzed in an earlier EIR (State CEQA Guidelines section 15063(c)(3)(D)). If an earlier analysis is used, the Initial Study checklist discussion should identify: a) the earlier analyses and state where they are available for review; b) identify which effects were adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis; and c) describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

CEQA also allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR for a development project that is consistent with the General Plan.

Public Resources Code section 21083.3 and its parallel CEQA Guidelines provision, section 15183, provide for streamlined environmental review for projects consistent with the General Plan for which an EIR was certified. Pursuant to section 21083.3(b), if a development project is consistent with the general plan for which an environmental impact report was certified, the application of CEQA shall be limited to effects on the environment which are “peculiar to the parcel or to the project” and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report. Subsection (d) further indicates that an effect of a project upon the environment shall not be considered “peculiar to the parcel or to the project,” “if uniformly applied development policies or standards” have been previously adopted by the city or county, with a finding based upon substantial evidence, that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards would not substantially mitigate the environmental effect. Under these provisions of CEQA, a project that is consistent with a General Plan that was adopted pursuant to a certified EIR, could be potentially partially or wholly exempt from further CEQA analyses.

Section 15183 of the State CEQA Guidelines provides further guidance related to Public Resources Code section 21083. Specifically, if a project is consistent with an agency’s General Plan for which an EIR has been certified, the agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located; (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent; (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan, or zoning action; or
(4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (State CEQA Guidelines section 15183(b).)

28.53 Guidelines section 15183, subdivision (c) further provides that “if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards,…, then an additional EIR need not be prepared for the project solely on the basis of that impact.” “[D]evelopment policies or standards need not apply throughout the entire city or county, but can apply only within the zoning district in which the project is located…such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent planning document such as a zoning ordinance.” (Guidelines, § 15183, subd. (f).)
On June 26, 2012, the Santa Cruz City Council adopted the General Plan 2030 after certifying an EIR for the plan. The General Plan 2030 EIR includes the Draft EIR volume (September 2011) and the Final EIR volume (April 2012). The General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR.

The General Plan EIR is a “program” EIR prepared pursuant to State CEQA Guidelines Section 15168, which reviewed environmental impacts associated with future development and buildout within the City’s planning area that would be accommodated by the General Plan. A program EIR can be used for subsequent projects implemented within the scope of the program/plan.

Typically, potential site-specific or new significant impacts that were not addressed in the program EIR would be evaluated in an Initial Study, leading to preparation of a documented Exemption, Negative Declaration, Mitigated Negative Declaration, or EIR. Mitigation measures adopted for the General Plan also would be a part of future development projects, as relevant, and supplemented, as may be necessary, with any site-specific mitigation measures identified in the project-specific environmental review process.

As indicated above, pursuant to Public Resources Code section 21083.3, certain (or potentially all) aspects of a development project that are consistent with a General Plan for which an EIR was certified may be exempt from additional CEQA analyses (i.e., negative declaration, mitigated negative declaration, or EIR) of issues that were adequately covered in the General Plan EIR. The project site is designated Regional Visitor Commercial (RVC) in the City’s General Plan 2030 and is zoned Motel Residential Performance Overlay (RTB/PER). The proposed mixed-use project is consistent with the General Plan land use designation. According to the General Plan, this designation “applies to areas that emphasize a variety of commercial uses that serve Santa Cruz residents as well as visitors. Mixed-use development is strongly encouraged in RVC districts.” The General Plan allows a floor area ratio (FAR) for the RVC land use designation of up to 0.25 to 3.5. The project’s FAR is 2.016, which is within the allowed FAR established in the General Plan.

While the General Plan 2030 EIR considered the impacts of repurposing, intensifying, and redeveloping existing developed parcels in the City as a whole, specific future development of the project site was not noted or specifically evaluated in the General Plan 2030 EIR, and there were no site-specific impacts identified for the project site. However, as part of the overall estimated buildout, the EIR considered construction of new housing units and non-residential uses in the City with an estimated buildout of 3,350 new residential units and approximately 1,090,000 square feet of commercial uses throughout the City by the year 2030. Since adoption

28.54 of the General Plan, approximately 1,645 residential units, including single-family homes and accessory dwelling units, and 595,000 square feet of commercial space have been constructed or approved throughout the City. Thus, the proposed 89 residential units and 15,790 square feet of commercial space would be within the remaining residential and commercial buildout estimates considered in the city-wide General Plan EIR impact analyses.

The proposed project is located within the “Beach Area” neighborhood area that was identified in the General Plan EIR for the purposes of evaluating potential growth. The General Plan EIR identified additional development in the Beach Area to include 54 residential units, approximately 21,872 square feet of commercial space, and 230 hotel/motel rooms. Since adoption of the General Plan, approximately 6 housing units, 19,100 square feet of commercial space, and 346 hotel/motel units have been constructed, are under construction, or have been approved in the Beach Area. While the proposed project would exceed the buildout estimates considered in the General Plan EIR for the Beach Area, these numbers were estimates, not caps, and the project would still be within city-wide buildout estimates in the General Plan EIR. The B/SOL Plan also identified the project site as an “opportunity” site for future residential development. No estimate of future development was made for the project site in the BSOL Plan, although the Plan identified approximately 100 new residential units in the Beach Commercial area in which the project site is located, and a total of 397 new residential units in the Beach/South of Laurel Area Plan area.

With the general plan being inherently general, the exceedance of such buildout estimates are expected in some areas, while they will fall well below estimates in other areas. Thus, the question is not whether a project exceeds the buildout estimates in a certain area. Rather, some of the key questions (as enumerated above) are whether any new impacts not studied in the general plan would arise as a result of a development that exceeds estimated buildout assumptions for the specific area or whether said development would result in a “more severe adverse impact than discussed in the prior EIR.”
The purpose of the environmental checklist that was prepared is to evaluate the impact categories covered in the City’s certified General Plan EIR to determine whether the project’s impacts have been adequately analyzed in the EIR or whether any new significant impacts peculiar to the project or project site would result. Where an impact resulting from the project was adequately analyzed previously, the review provides a cross-reference to the pages in the General Plan EIR where information and analysis may be found relative to the environmental issue listed under each topic. The checklist also identifies whether the project involves new significant impacts or substantially more severe impacts than analyzed in the General Plan EIR or new significant impacts not peculiar to the site or project. As indicated above, an impact would not be considered “peculiar” to the site or project if uniformly applied development policies or standards will substantially mitigate an environmental effect. Therefore, the following review includes mitigation measures identified in the General Plan EIR that would be applicable to the site or project and/or relevant applicable development policies or standards that will be applied to the project.

Dudek, the environmental consultants who prepared the CEQA checklist, prepared a Noise Analysis (Attachment 4) following the Planning Commission hearing which also includes a section on vibration impacts. The analysis concludes that noise generated in association with the proposed project’s parking is anticipated to include noise both directly from the parking activities

28.55 and from mechanical ventilation equipment. Parking activities could be audible under certain conditions, however they are typically short term and sporadic in nature and, therefore, would not substantially contribute to the overall acoustical environment. Mechanical ventilation fans for the subterranean parking structure are assumed to be located or vented to the rooftop and shielded by the proposed parapet wall, as is typically the case with this type of development. Noise generated by the subterranean parking structure mechanical ventilation fans is not expected to exceed the City’s thresholds and criteria established in the zoning regulations. Condition No. 5 requires project compliance with the City’s noise standards, which is a requirement for all projects.

Operational noise associated with the project is predicted to comply with the City of Santa Cruz noise standards and will in fact be required to do so. It is not predicted to result in significant noise impacts at nearby noise-sensitive receptors. Therefore, the project would not result in significant permanent noise increases not otherwise addressed in the General Plan EIR.

There would be a temporary increase in existing noise levels during grading and construction of the project. Noise impacts resulting from construction would depend on the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive receptors, as well as existing ambient noise levels. Noise generated during construction would vary throughout the construction period and on any given day, depending on the construction phase and the type and amount of equipment used at the construction site. The highest noise levels would be generated during grading of the site, with lower noise levels occurring during building construction and finishing. Sensitive noise receptors are located at the residences adjacent to the project site.

However, as explained in the General Plan EIR, construction sound levels would be intermittent and varied through a single day as well as the duration of project construction. Further, General Plan policies 3.1.3 and 3.1.5 seek to ensure that construction noise impacts are minimized on surrounding land uses. Accordingly, construction noise was deemed to be a less than significant impact. Condition #22 includes standard measures that have been included on similar projects with prolonged construction, and the construction management plan will be required to comply with General Plan policies 3.1.3 and 3.1.5.

Project-related construction noise levels were analyzed using Federal Transit Administration (FTA) recommended guidelines, as is often done when no local quantitative thresholds (either ordinance or General Plan noise element) exist for construction noise. In conclusion, it was found that typical construction noise during allowable daytime hours would be short-term in nature and would not exceed FTA guidance-based standards.

Section 24.12.262 of the Zoning Ordinance exempts construction activities from vibrationrelated performance standards. Nevertheless, Dudek evaluated the vibration impacts of the project’s construction using Caltrans and FTA recommended guidelines. The vibration section of the analysis concluded that vibration generated during construction would not exceed thresholds established for nuisance levels to people or damage to structures.

In addition to the information provided by the noise/vibration analysis being incorporated into the CEQA checklist, the document has been revised to clearly identify the application of General Plan 2030 Environmental Impact Report mitigation measures and uniformly applied development standards to impacts associated to the project.

28.56 Based on the thorough CEQA review, it has been determined that the City’s General Plan 2030 EIR has adequately addressed the following issues, and no further environmental review is required pursuant to Public Resources Code section 21083.3: energy; hydrology and water quality (conflict with plans); population and housing; public services; recreation; and utilities (wastewater treatment and solid waste disposal).

The following site-specific impacts have been analyzed and determined to be less than significant and/or less than significant with General Plan policies, zoning regulations and/or development standards that are uniformly applied to development projects throughout the City: aesthetics (visual character and light and glare); air quality (project emissions); biological resources (nesting birds); cultural resources (archaeological resources); geology and soils; greenhouse gas emissions; hydrology/water quality (drainage and water quality); noise increases; transportation/traffic; utilities; and cumulative impacts. The analyses are included with attachments to this report, including but not limited to the updated CEQA checklist prepared by Dudek, the new noise and vibration analysis prepared by Dudek, the Planning Commission staff report, the attachments to the Planning Commission staff report (incorporated as attachments herein), and this staff report. Thus, pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183, no further environmental analysis is required.

West Cliff Drive/Bay Avenue Intersection
The City’s Public Works Department requested qualitative evaluation of the “pros” and “cons” of traffic signal control versus a mini-roundabout from the traffic consultant. The study suggests that each alternative carries costs and benefits, with the traffic signal alternative providing better intersection performance, longer waits for pedestrians and bicyclists, and with slightly longer delays for vehicles during peak periods. The mini-roundabout alternative provides improved corridor performance during nonpeak periods and less delay during peak periods as compared with traffic signal control. The mini-roundabout also provides less delay for bikes and pedestrians and slower vehicular speeds through the intersection, which is desirable in this corridor context. While both alternatives would meet the objectives of improving the level of service for the intersection, Public Works staff is recommending the installation of a miniroundabout based on the following reasons:
 Reduced flows and delays
 Slower but more consistent traffic flow
 Safer than a signal
 Better pedestrian experience (avoids pedestrian grouping while waiting for a signal)  Less greenhouse gas emissions
Summary and Recommendation
This project involves a proposal to construct a four-story, mixed-use project consisting of two levels of underground parking, ground level commercial space, 89 residential condominium units, and street and intersection improvements. The development will implement the City’s vision for the beach area as expressed by the General Plan and the Beach and South of Laurel Comprehensive Area Plan by replacing a parking lot with ancillary hotel support facilities, providing much needed residential units, and optimizing the use of the site to accommodate additional visitors to the beach area. The project has been thoughtfully designed to be attractive to both permanent

28.57 residents and tourists, with emphasis placed on compatibility of design, landscaping, and site planning in compliance with the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. With a request for a Density Bonus, the project will maximize residential density while providing eight very-low income and two low/moderate income units which will be a significant addition to the City’s affordable housing stock. As discussed in more detail in the Planning Commission staff report and environmental documents, the project would construct a variety of improvements in the public right of way that would improve pedestrian and vehicular flow and safety in the area. Staff has evaluated both a roundabout as well as a signal at the West Cliff Drive and Bay Avenue intersection and is recommending the roundabout as the preferred alternative. As conditioned, the proposed project meets the requirements of the Zoning Ordinance and provides a development that is compatible with the surrounding area in terms of its use, scale, and design. A thorough environmental analysis has been conducted, and mitigation measures have been incorporated as conditions of approval.

Therefore, staff recommends that the City Council acknowledge the environmental determination and approve the Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map for the proposed project based on the Findings below and the Conditions of Approval in Exhibit A.

FISCAL IMPACT: The project will generate a property tax increase due to the proposed improvements for the vacant property. Sales tax generation from commercial uses could also have a positive fiscal impact for the City. The applicants have submitted application fees to cover staff costs associated with processing these discretionary permits. The project will also generate plan check and building permit fees to the City of Santa Cruz, as well as pay traffic impact fees.

Prepared by:

Ryan Bane
Senior Planner
Submitted by:

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

Martin Bernal
City Manager
Attachments:

1. Resolution

1.a Conditions of Approval

2. August 15, 2019 Planning Commission Staff Report (Note: The Planning Commission staff report itself is attached herein. The 24 attachments referenced in the Planning Commission staff report are not provided with this Council packet but are part of the public record under consideration and are available from the August 15, 2019 Planning Commission agenda that can be referenced at http://www.cityofsantacruz.com/planningcommission.)

3. August 15, 2019 Planning Commission Action Summary

4. Noise/Vibration Analysis prepared by Dudek dated 9-24-19

5. Updated CEQA Checklist prepared by Dudek

6. Correspondence Received Since the Planning Commission Hearing

7. Project plans

8. Applicant’s Community Outreach Summary and Responses

28.58 From: Jack Farrell
To: City Council
Subject: [CAUTION: Verify Sender Before Opening!] Public Comment on Agenda Item 28 Date: Monday, December 9, 2024 6:04:15 AM
Attachments: Letter of Support - 190 W Cliff Dr - HAA.docx Good morning,
Please find attached correspondence on 190 W Cliff Drive for tomorrow's agenda.

Sincerely,
Jack Farrell he/him
Research Attorney
267-218-1147

28.59 YIMBY Law
2261 Market Street STE 10416
San Francisco, CA 94114
[email protected]
1 12/09/2024
Santa Cruz City Council
809 Center Street
Santa Cruz, CA 95060
[email protected]
Via Email
Re: 190 West Cliff Drive
Dear Santa Cruz City Council,
YIMBY Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and affordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws, including the Housing Accountability Act (HAA). As you know, the Planning Commission has an obligation to abide by all relevant state housing laws when evaluating the above captioned proposal, including the HAA. Should the City fail to follow the law, YIMBY Law will not hesitate to file suit to ensure that the law is enforced.

The above-captioned project, 190 West Cliff, involves a four story mixed use development with 89 units, 10 of which are affordable with 8 affordable to Very Low Income residents. The project is consistent with local zoning rules and received approvals from this Council in 2019. It would have broken ground recently were it not for ongoing appeals and suits by local opponents.1 Regardless of the legitimacy of their challenge, they had enough money and spite to render the project infeasible.2
1 Save Santa Cruz Westside v. California Coastal Commission, Case # 23CV02170, available at https://trellis.law/doc/212447077/case-management-status-conference-statement-partyrespondent-california-coastal-commission 2 Santa Cruz Sentinel. (2024, August 2). Developer withdraws plans for West Cliff Drive development. Retrieved from https://www.santacruzsentinel.com/2024/08/02/developerwithdrawals-plans-for-west-cliff-drive-development/

28.60 YIMBY Law, 2261 Market Street STE 10416, San Francisco, CA 94114 2 This Council now proposes to rescind approvals of the project, but withdrawal of the proposal doesn’t abrogate the fact that such rescission would be illegal. California Government Code § 65589.5, the Housing Accountability Act, prohibits localities from denying housing development projects that are compliant with the locality’s zoning ordinance or general plan at the time the application was deemed complete, unless the locality can make findings that the proposed housing development would be a threat to public health and safety. Rescinding prior approvals, even for a project that is not moving forward, would constitute a disapproval under California law, and violate the Housing Accountability Act.3 By all metrics, the proposal is compliant with California law and local standards. A Density Bonus was being sought in order for the Project proponent to be granted waivers to which they are entitled under California state Density Bonus Law, California Government Code § 65915(e), so long as there are no specific, adverse impacts, upon health, safety, or the physical environment, and there are no feasible methods to satisfactorily mitigate or avoid the specific adverse impacts. The HAA, § 65589.5 (j)(3) specifies that the receipt of a density bonus does not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. With the requested concessions and/or waivers available under State Density Bonus Law, the above-captioned project is zoning and general plan compliant.

Whether the rescission eases litigation or administration for the Coastal Commission or for any other reason, it does so in violation of the HAA. Should the City finalize said violation, YIMBY Law will not hesitate to take legal action to ensure that the law is enforced.

I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a resident of California who is affected by the shortage of housing in our state and would be eligible to apply for residency in the proposed housing development project.

Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
3 CA Gov. Code 65589.5(h)(6).

28.61 Brittany Inclan
From: Russell Weisz <[email protected]>
Sent: Monday, December 9, 2024 3:10 PM
To: City Council; Fred Keeley; Sandy Brown; Renee Golder; Sonja Brunner; Shebreh KalantariJohnson; Scott Newsome; Martine Watkins Subject: Agenda Item 28, December 10, 2024
Dear Mayor and Council Members,
Regarding: Rescision of prior resolution, No. NS-29,589.

Please rescind the permits, but first remove any mention of "without prejudice" from the resolution. This phrase is an obstacle to resolving the litigation in place. The resolution should also mention the lawsuit against the project approvals.
thanks,
Russell Weisz
319 Laguna St Santa Cruz 95060
831-246-1770

28.62 Brittany Inclan
From: Babak Naficy <[email protected]>
Sent: Monday, December 9, 2024 3:20 PM
To: City Council
Cc: Fred Keeley; Sandy Brown; Renee Golder; Sonja Brunner; Shebreh Kalantari-Johnson; Scott Newsome; Martine Watkins
Subject: Rescission of Project Approvals: 190 West Cliff Drive Attachments: CCC 190 Cliff Letter Re Rescission.pdf
Enclosed please find correspondence RE: 190 West Cliff Drive, Santa Cruz (CP18-0043) Proposed Rescission of Approvals, including Coastal Development Permit, Special Use Permit, Density Bonus Request, Encroachment Permit, and Tentative Map
-----Original Message-----
From: Adrian Pearson <[email protected]>
Sent: Monday, December 9, 2024 12:01 PM
To: Babak Naficy <[email protected]>
Subject: emails for council individuals FYI
Babak: If you need the email list of mayor and council members, here it is. -Adrian [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

28.63 1
890 Monterey St
Suite H
San Luis Obispo
California 93401
ph: 805-593-0926
fax: 805-593-0946
[email protected]
Law Offices of Babak Naficy
Via Email
December 9, 2024
City Council
City of Santa Cruz
809 Center Street, Room 10
Santa Cruz, CA 95060
[email protected]
Re: 190 West Cliff Drive, Santa Cruz (CP18-0043)
Proposed Rescission of Approvals, including Coastal Development Permit, Special Use Permit, Density Bonus Request,
Encroachment Permit, and Tentative Map
Honorable members of the City Council,
I represent Save Santa Cruz Westside (“SSCW”) in the case of Save Santa Cruz Westside v. California Coastal Commission, et al. (Santa Cruz Superior Court, Case No. 24CV-0351.) This case, in which the City of Santa Cruz and Cliff Bay Partners, LLC are named as real parties in interest, challenges the City and Coastal Commission’s approval of the 190 West Cliff Drive Project.

In light of the applicant’s decision no longer to pursue the Project, we concur with the City’s conclusion that the Project approvals should be rescinded. Rescission of Project approvals will assure the public and members of SSCW that the Project (or one substantially like it) cannot be revived if the lawsuit is dismissed.

Contrary to the staff report’s statement, in my experience, project entitlements and permits are routinely rescinded if a developer indicates it no longer intends to pursue the project. If entitlements and permits are not rescinded, it would be possible to revive the whole or aspects of the project before the expiration of the permits. As the staff report explains, this is the reason SSCW refused to dismiss the case unless the City rescinds all approvals.

Unlike the staff report, the draft Resolution makes no reference to the pending lawsuit or explain the basis for the City’s decision to rescind Project approvals. For the sake of clarity, I

28.64 2
urge you to revise the resolution to clarify that the basis for the City’s decision to take formal action to rescind the project approvals is also to ensure the lawsuit against the Coastal Commission and the City is rendered moot and can therefore dismissed.

I also ask that the individual permits and approvals being rescinded be listed individually to ensure there is no confusion about which permits or approvals are affected by this action. By so doing, you can ensure that years from now, there will be no confusion about the scope of your action or which permits or approvals are affected by your action today.

You should note that the staff’s contention that you may rescind project approvals “without prejudice” appears to be inconsistent with City Code Section 24.04.170, which authorizes the City only to “deny” a project without prejudice. The action the City is contemplating today is not to “deny” the Project; it is to rescind project approvals based on the applicant’s decision no longer to pursue the Project.

Moreover, the applicant’s decision to abandon the project cannot be considered a “withdrawal” because the Project was formally approved long ago. According to the Code Section 24.04.165 “[a]n application may be withdrawn by the applicant prior to final action on the matter.” Accordingly, a project application may not be “withdrawn” after it has been approved.

In closing, I respectfully ask the Council to make the following revisions to the Draft Resolution:

1. Remove all references to "without prejudice" because City Code §24.04.170 does not authorize the Council to rescind project approvals without prejudice under the circumstances of this case.

2. Add a clause between the references to the July 12, 2023, Coastal Commission action and the applicant's withdrawal letter of July 29, 2024, referencing the pending lawsuit, as follows:
"WHEREAS the Save Santa Cruz Westside challenged the Coastal Commission’s finding of “no substantial issue” by filing a petition for writ of mandate in Santa Cruz Superior Court, naming the City of Santa Cruz and Cliff Bay Partners LLC as real parties.

28.65 3

3. List all permits and approvals, which also appears in the preamble to the Resolution, in the final clause beginning with “NOW, THEREFORE, BE IT RESOLVED …”

Sincerely,
Babak Naficy
Babak Naficy,
Counsel for SSCW

28.66 Brittany Inclan
From: Gillian Greensite <[email protected]>
Sent: Monday, December 9, 2024 3:42 PM
To: Fred Keeley; Sandy Brown; Renee Golder; Sonja Brunner; Shebreh Kalantari-Johnson; Scott Newsome; Martine Watkins; City Council
Subject: Agenda Item 28, 12/10/24
Dear Mayor Keeley, Vice-Mayor Golder and City Council Members, This item appears straightforward enough. The applicant states in their letter that, “we consider our permits to be null and void as of the date of this letter. The City and any other interested parties may rely on this letter as formal notice of our withdrawal and waiver."
Council is tasked with rescinding prior approvals for the project which is consistent with the applicant's actions and request.

Given that, it is unclear why staff has drafted the Resolution with the added phrase “without prejudice” to the action to rescind. That leaves the door open. It is not conducive to a clean statement of intent nor to a resolution of current litigation. This is to request that you strike that phrase from the Resolution.

With respect to the letter from YIMBY law. The content of that letter addresses the situation of a council not approving a development. That concern does not apply in this case. The applicant has withdrawn the project.

Respectfully submitted,
Gillian

28.67 Brittany Inclan
From: Adrian Pearson <[email protected]>
Sent: Monday, December 9, 2024 3:44 PM
To: City Council
Cc: Fred Keeley; Sandy Brown; Renee Golder; Sonja Brunner; Shebreh Kalantari-Johnson; Scott Newsome; Martine Watkins
Subject: Agenda Item 28, December 10, 2024
REGARDING:

December 10, 2024, City Council meeting
Agenda Item number 28 (190 West Cliff Drive)
Rescision of prior resolution, No. NS-29,589
(application no. CP18-0043)
To the Mayor and Council Members:

We request the City Council's assistance in helping to wrap up current court litigation involving this project, and we advise that the draft Resolution in your Agenda Packet must be modified if you wish to accomplish this goal cleanly and effectively.

Specifically, all instances in which the term "without prejudice" appears in the draft Resolution must be removed in order to be in compliance with the City's ordinances. The City has authority to rescind its prior approvals for this project, and we support this action, but the City has no authority to "rescind without prejudice" in this matter, according to its own ordinance.

Each of you should receive a letter in your agenda packet from attorney B. Naficy explaining these facts.

If you did not receive this letter from legal counsel, please notify me immediately and I will provide a copy. Or you may request it from the office of Mr. Naficy ([email protected]).

Accordingly, please edit the language of the draft Resolution, removing all mentions of "without prejudice," with the goal of preventing additional litigation.

The City expects the public to obey its ordinances, and the public rightfully expects the City to comply with its own ordinances.

In addition, we ask that you repair the omission in the chronology of relevant events listed in the draft Resolution to reflect that a lawsuit is pending. Following the Coastal Commission hearing on July, 12, 2023, suit was filed in Santa Cruz Superior Court on September 11, 2023, concerning the approval of this project. That case is currently active and the City is a named Real Party of Interest (case number 23CV02170). These facts should be listed in the Resolution for that document to be complete.

We urge you to take these steps outlined above to provide a correct and accurate Resolution document on which the Council can vote to rescind all project permits previously approved on October 22, 2019, and in doing so allow the legal matter to properly resolve.

Sincerely,

28.68 Adrian Pearson

28.69 City Council

AGENDA REPORT
DATE: 12/05/2024
AGENDA OF: 12/10/2024
DEPARTMENT: Fire/Police/Planning and Community Development SUBJECT: Fiscal Year (FY) 2024 Development Impact Fee Annual Reports for Childcare and Public Safety Impact Fees, Consideration of Additional Updates to the Public Safety and Childcare Impact Fees, and Consideration of Additional Nexus Studies for New or Updated Impact Fees.

Location: Citywide. CEQA: Exempt 15061(b)(3) & 15306 (FD/PD/PL) RECOMMENDATION: Motion to:
1) Accept and approve the attached FY 2024 Impact Fee Report for the Childcare and Public Safety Impact Fees;
2) Provide direction to staff on potential amendments to the exemptions from the Childcare and Public Safety Impact Fees; and
3) Provide direction regarding preparation of possible nexus studies for future impact fees.

BACKGROUND:

On April 27, 2021, the City Council adopted the Childcare Impact Fee (CIF) and Public Safety Impact Fee (PSIF) as defined in Santa Cruz Municipal Code (SCMC) Chapters 18.48 and 18.49.

The fees were effective as of June 26, 2021. California Government Code Section 66006 requires annual reporting requirements for development impact fees to occur within 180 days after the close of the fiscal year and includes specific reporting requirements as more fully described in the attached Fiscal Year (FY) 2024 Development Impact Fee Annual Reports for Childcare Impact Fee and Public Safety Impact Fee.

Government Code Section 66006 also requires that the City produce a report on the developer impact fees and make it available to the public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City shall mail them notice of the time and place of the meeting at least 15 days prior to the meeting. The report is available at the public counters at the Departments of Planning and

29.1 Community Development, Fire, and Police, as of November 22, 2024. The report will remain at the public counters through the end of January 2025 for members of the public to view.

In addition to the regular annual reporting, this report also responds to two Council directives – first to review the affordable housing exemption from the PSIF and CIF (Council direction from November 14, 2023) and second to consider additional impact fees for new development (Council direction from October 22, 2024).

In November 2023, the City contracted with MGT Impact Solutions (MGT) and Finance DTA (DTA) to review and update the PSIF including updating: 1) demographic assumptions, 2) facility needs and costs, 3) cost allocation, and 4) the fee schedule. Staff will return with the Public Safety Impact Fee Nexus Study in 2025.

DISCUSSION:

Planning and Community Development Department – CIF
From July 1, 2023, to June 30, 2024, the total CIF in Fund 218 collected, administrative fees, and impact fees was $21,031.31. While this report focuses on FY 2024, the CIF fund balance also includes revenues from FY 2021 to 2024. As of November 18, 2024, the total CIF available balance is approximately $199,371.56.

Staff received previous City Council direction at the December 13, 2022 City Council Meeting to utilize the funds collected from the CIF to help fund the pre-development and development costs associated with the childcare facility in the Library and Affordable Housing Project being contemplated for Lot 4 at the northeast corner of Cedar and Cathcart Streets. The Library and Affordable Housing Project is expected to commence construction circa May of 2025, and funds allocated would be expended by FY 2026.

As this report occurs on an annual basis, staff will report back to Council as to the disbursements of the CIF towards the childcare facility within the Library Affordable Housing Project on at least an annual basis, and Council could direct staff to re-purpose any unencumbered funds as part of those annual reports. After the total amount of fund disbursement to the childcare component of the Library Affordable Housing Project is specified through a future report to and action by the Council, funding would then go towards the previously identified approach of preparing a childcare facility assessment.

Fire Department and Police Department – PSIF
The Fire and Police Departments will allocate the PSIF funds for new fire and police facilities, apparatuses, vehicles, and equipment to adequately serve the residents and employees in new development. Funds will be expended within five years of their receipt.

From July 1, 2023 to June 30, 2024, the PSIF collected administrative fees, and impact fees totaling:
 Public Safety Impact Fee – Police Fund (Fund 215): $19,496.46  Public Safety Impact Fee – Fire Fund (Fund 217): $18,004.33

29.2 As of November 18, 2024, the total PSIF approximate available balance:
 Public Safety Impact Fee – Police Fund (Fund 215): $251,553.12.  Public Safety Impact Fee – Fire Fund (Fund 217): $141,542.75.

PSIF and CIF Exemptions
In April 2021, City Council adopted exemptions from the requirements for fees as defined in CIF (SCMC 18.48.050) and PSIF (SCMC 18.49.050). Since FY 2022, six multifamily projects totaling 453 units have qualified for exemptions due to meeting the 100 percent affordability criteria. Had these projects not qualified for any exemption, the City may have collected approximately $687,000, with a breakdown of $139,000 in CIF, $277,000 in PSIF for Police, and $271,000 PSIF for Fire. These exempted projects summarized in Table 1 include:
 818 Pacific (70 units),
 532 Cedar/525 Center (65 units),
 314 Jessie (50 units),
 415 Natural Bridges (20 units),
 902 Pacific (128 units), and
 119 Coral (120 units).

Table 1: Summary of Exempted Projects from CIF and PSIF Exempted Projects due
to 100% Affordability
Component
Building
Issued
Date
# of
Units
Estimated
Impact
Revenue
for
PSIF-Fire
Estimated
Impact
Revenue for
PSIF-Police
Estimated
Impact
Revenue for
CIF
818 Pacific (Pac South) 6/28/2022 70 $59,000 $60,000 $27,000 532 Cedar/525 Center 8/24/2022 65 $54,000 $55,000 $26,000 314 Jessie 4/13/2023 50 $26,000 $27,000 $12,000
415 Natural Bridges 5/11/2023 20 $8,000 $9,000 $5,000
902 Pacific (Pac North) 3/21/2024 128 $85,000 $86,000 $50,000 119 Coral 8/14/2024 120 $39,000 $40,000 $19,000
453 $271,000 $277,000 $139,000
Council gave direction to staff on November 14, 2023 to review the PSIF exemptions for 100 percent affordable projects and to return to Council with that information to assist Council in determining whether to continue, modify, or eliminate said exemptions. In addition to reviewing the exemptions for 100 percent affordable housing, staff has also reviewed the other CIF and PSIF exemptions in SCMC Sections 18.48.050 and 18.49.050, respectively. The bulleted list below provides information on potential exemptions that the Council may want to consider modifying. The direction provided by Council at this meeting will determine whether City staff returns with any ordinance modifications related to the current PSIF and CIF exemptions.

29.3  (CIF Only): Exemption for Childcare or School Facility. Childcare facilities and any school or day care facility for children including preschools and kindergarten through grade twelve.

While staff recommends maintaining this exemption, the Council may want to consider adding an additional exemption related to this. Specifically, the Council asked that staff explore what options the workforce housing projects have for reducing fees. The school district is currently pursuing a housing project on Swift Street. As the school district likely provides more child supervision than all other childcare entities in the City combined, it stands to reason that the school district’s housing project should be exempted from the CIF. The current code would not allow for that, but at the direction of the Council, staff could return with a code amendment authorizing school district housing projects to be exempt from the CIF.
 (CIF and PSIF) Exemption for Affordable Housing Projects. For purposes of this exemption, affordable housing projects are projects where one hundred percent of the units, excluding managers units, within the development are dedicated to lower income households. The affordable units within the development are subject to a recorded affordability restriction for a minimum of fifty-five years or per local inclusionary requirements, whichever is greater.

New 100 percent affordable housing developments, while increasing the demand for childcare and public safety services, do not currently contribute impact fees to support these essential community services that address the complexities that surround increased density, access constraints, and public service call volumes. Staff is seeking direction from Council as to whether they would like to modify this current exemption. To assist in that analysis, Table 1 above lists the CIF and PSIF fees that would have applied to 100 percent affordable projects that recently received building permits. Further, Table 2 below lists the upcoming, 100 percent affordable projects, along with the approximate CIF and PSIF that would apply should the Council seek to collect 100 percent of the standard CIF or PSIF. Of note, the Council can seek to collect the full amount of impact fees identified in the fee study or some fraction thereof, such as 25%, 50%, or 75%. As a reduction in fees can assist affordable housing projects in being built, staff recommends retaining some level of fee reduction for 100% affordable projects, either in the CIF or PSIF. Should the Council want to fully fund one but not the other, staff would recommend that the PSIF be fully funded by affordable housing projects and that the CIF have either no fee or a reduced fee for affordable housing projects. This is because the PSIF directly offsets costs to the City, whereas the CIF represents funds that the City would not otherwise have to pay. In making its decision, the Council should be aware that Police and Fire are preparing new nexus studies that could increase the per square foot charges for the PSIF, and those changes are expected to be brought to the Council

29.4 next year. For context, an attachment includes a list of additional impact fees collected for the two projects at Jessie Street and Pacific Station North.

Table 2: Summary of Upcoming Projects that Would be Exempt from CIF and PSIF Exempted Projects due to
100% Affordability
Component*
# of
Units
Estimated
Impact
Revenue for
PSIF-Fire
Estimated
Impact
Revenue for
PSIF-Police
Estimated
Impact
Revenue for
CIF
136 River (Outdoor World) 51 $27,000 $28,000 $15,000
119 Lincoln (Library Project) 124 $69,000 $70,000 $36,000 *Projects at 850 Almar (38 units) and 831 Water (140 units) would also be exempt, but the exact fees have not been calculated at this time.
 (CIF and PSIF) Exemption for Accessory dwelling units and junior accessory dwelling units.

State law (Government Code § 65852.2(f)) prohibits cities from applying impact fees to accessory dwelling units (ADUs) of less than 750 square feet. However, cities can apply impact fees to ADUs 750 square feet or greater in size. In 2024, through mid-November, the City has received building permit applications for 35 ADUs 750 square feet or greater in size. To assist the Council in determining whether they would like to apply the CIF and PSIF to ADUs 750 square feet or greater in size, estimated CIF and PSIF totals for ADU projects of varying sizes are included in Table 3, with estimates at 100 percent of the standard CIF and PSIF. As is the case with the affordable housing exemption, the Council can seek to collected the full amount of impact fees identified in the fee study or some fraction thereof, such as 25%, 50%, or 75%. As noted above, the PSIF per square foot fees may increase next year.

Table 3: Summary of Sample of ADUs a 750 ft2 or Greater to be Exempted Projects from CIF and PSIF
Sample ADU Size*
Estimated
Impact
Revenue for
PSIF-Fire
(Max 1,597 ft2)
Estimated
Impact
Revenue for
PSIF-Police
(Max 1,597 ft2)
Estimated
Impact
Revenue for
CIF
(Max 614 ft2)
750 ft2 $431 $431 $373
950 ft2 $545 $545 $373
1,200 ft2 $689 $689 $373
* Assumes calculation with Single Family Residential fee of CIF at $0.607/ft2 and PSIF at $0.574/ft2

29.5 Junior ADUs are capped at 500 square feet, and they are conversions of existing space, not new space, so they would continue to be exempt from the CIF.

Additional Fee Studies under Review for Future Consideration Additional studies are currently being developed by staff and MGT for consideration in Spring 2025 for the following analysis:
 Finance Department – Incorporating recommendations from the Long Range Finance Plan by creating a Citywide merchant fee pass through program;  Fire Department – Develop First Responder Fee;
 Public Works Department – Review and analyze “sidewalk in lieu” fees and “ariel  undergrounding” fees; and
 Parks and Recreation Department – Quimby Parkland Dedication Requirements and InLieu Fee Calculation, and Parks and Recreation Facilities Tax Additional Impact Fee Considerations
On October 22, 2024, Council gave direction for staff to consider additional impact fees that could be applied to new development. Staff considered potential fees and determined that the following have the best candidates for additional or updated impact fees, beyond those previously discussed:
 The Parks and Recreation Department currently charges Quimby Act fees for residential development on subdivided parcels and applies a Parks and Recreation Facilities Tax to all other residential development. In October 2023, the City contracted with MGT to review and update the Quimby Parkland Dedication Requirements (and associated InLieu Fee calculation) (SCMC 23.28) and the Parks and Recreation Facilities Tax (SCMC

5.72). Preliminary results show that the existing fee and tax do not cover the full cost of providing parks and recreation infrastructure to occupants of new residential dwellings.

Consequently, staff are working with MGT to identify options that will address the gap between the funding instruments and the current cost of parks and recreation infrastructure. The Parks and Recreation Department will return to Council in Spring 2025 to present findings, discuss options and recommend action on this topic.  For the Economic Development and Housing Department, Council could direct staff to explore a possible impact fee on private development to support public art programming and facilities. This has been a high priority of the City Arts Commission as increasing population density will increase the need for space for arts and culture event and installation spaces.
 For the Public Works Department, Traffic Impact Fees (TIF) are fees assessed on commercial and residential development projects based on new net traffic generated by those uses. TIF Fees are used to address needed traffic improvements at key intersections for circulation and alternative transportation improvements. Funding is divided up

29.6 between specific projects identified on a priority list (85%), alternative transportation (15%), and intersection and neighborhood traffic (5%). Council has authorized a Caltrans grant that would allow the City to revise the TIF, with the expectation that more funding would go towards multimodal transportation options. No direction is needed at this time from the Council regarding the TIF.

Options for Reducing Fees for Workforce Housing Projects In the October 22, 2024 hearing on updated development fees, Council directed staff to “look into workforce housing projects that are also paid for from another tax base.” SCMC Section

24.16.300 specifies that “residential units affordable to low or very-low-income households, excluding units developed as inclusionary units,” may be eligible for certain fee waivers. In the last eight years, only two 100 percent affordable projects have sought fee waivers or deferrals (708 Water and 350 Ocean), even though at least eight such projects have proceeded with construction during that time.

While low-income housing typically serves working households, the term “workforce housing” is typically considered to apply to incomes above the low-income range, typically from 80 percent area median income to either 120 percent or 150 percent of area median income. The SCMC does not currently have provisions that would allow fee waivers for workforce housing, unless the project qualifies under some other exemption, such as the following exemption that is included for the PSIF and CIF:

Public Project. Projects undertaken by a public agency except projects undertaken by a private developer on public property, and except property not used exclusively for a governmental purpose.

Each project would need to be evaluated individually to determine if it would qualify for the abovenoted exemption. Public entities often partner with private developers to complete projects, thus removing eligibility for the above exemption.

Public projects such as Pacific Station South and Pacific Station North – two 100 percent affordable housing projects sponsored and co-developed by the City – paid all impact fees, though they were exempted from the PSIF and CIF due to the projects’ 100-percent affordability.

The projects create impacts, such as traffic impacts, that the City seeks to address through infrastructure improvements. The impact fees collected, such as the traffic impact fee, help to fund those City improvements. Frequently, public projects and public private partnership projects qualify for additional state and federal funding. Pacific Station North secured both an Infill and Infrastructure grant and an Affordable Housing Sustainable Communities grant, bringing more than $50 million in funding to the project and contributing over $10 million in state-funded public infrastructure improvements to the downtown area.

Some public entities have argued that they are funded through taxpayer monies, and they should therefore be exempted from fees such as impact fees. However, those entities are typically

29.7 funded through separate sources that are not shared with the City. In other words, exempting other public entities from impact fees would cause the City to use its own money, rather than that of the project proponent, to fund infrastructure improvements needed to address impacts from the project. For that reason, staff does not recommend expanding exemptions applicable exclusively to public projects.

Should the Council want to provide for workforce housing fee exemptions, the SCMC would need to be modified. While SCMC Section 24.16.300 does need to be modified in the future to clarify the process, staff would not recommend expanding exemptions to include workforce housing at this time. While workforce housing is an important need in the community, it does not provide nearly the same level of subsidy as that needed for low and very low-income projects, and as demonstrated by recent projects, even most of the 100 percent affordable projects that serve very low and low-income households do not seek such fee waivers.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

This has no impact on the natural environment, because it does not create any physical change to the environment. Therefore, it is not considered a project under CEQA. However, if it were considered a project, it would be exempt from review under the CEQA Guidelines Section 15061(b)(3) (known as the “Common Sense” exemption) in that it would not reasonably be seen to create a significant impact on the environment. It would also be exempt under Section 15306 (Information Collection) of the CEQA Guidelines in that it relates to analysis and provision of information to the Council.

HEALTH IN ALL POLICIES (HiAP): The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of health, equity, and sustainability when reviewing projects and policy options. The impact fees for CIF and PSIF will assist the City in dedicating funding towards public safety, childcare, and, through achievement of greater fiscal sustainability, broader equity, public health, and sustainability efforts. The CIF and PSIF directly support the City’s HiAP pillars of equity, public health and sustainability through dedicated City funding towards sustaining essential fire and police facilities, apparatuses, vehicles, and equipment, and childcare resources to adequately serve existing and new residents, City employees and visitors.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION:

An increase in the Public Safety Impact Fees and Childcare Impact Fees would result in increased revenues in their respective Special Revenue Funds. Public Safety Impact Funds are transferred into the General Fund to offset the costs of the public safety efforts of the City.

Childcare Impact Fees collected are used in accordance with Chapter 18.48 of the Santa Cruz Municipal Code, to offset increased childcare needs generated by new development.

29.8 Prepared By:

Catherine Brothers
Principal Management Analyst
Megan Nutt
Principal Management Analyst
Viviane Pearson
Principal Management Analyst
Submitted By:

Bernie Escalante
Police Chief
Robert Oatey
Fire Chief
Lee Butler
Planning and Community
Development Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FY24 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR CHILDCARE IMPACT FEE.PDF

2. FY24 DEVELOPMENT IMPACT FEE ANNUAL REPORTS FOR PUBLIC SAFETY IMPACT FEE - POLICE AND FIRE.PDF

3. SUMMARY OF FEES COLLECTED FOR JESSIE STREET AND PACIFIC STATION NORTH PROJECTS.DOC

29.9 29.10

29.11 29.12

29.13 29.14

29.15 29.16

29.17 SUMMARY OF SELECT FEES COLLECTED FOR
JESSIE STREET AND PACIFIC STATION NORTH PROJECTS*
Selected Fees by Department
902 Pacific (Pac North)
B23-0557
128 Units
314 Jessie Street
B22-0409
50 Units
Parks and Recreation
Development Fee
$339,789 $82,743
Planning and Community Development
General Plan Maintenance
$250,000 $67,438
Planning and Community Development
Green Building Program
$50,000 $50,000
Public Works
Traffic Impact Fee
$62,000 $109,992
Planning and Community Development
Technology Surcharge
$24,000 $3,590
Water Department
System Development Charges & Sewer
Connection Fees
$616,616 $99,667
Subtotal Fees Paid for Permit $1,342,405 $413,430
Estimated Revenue for PSIF – Fire $85,000 $26,000
Estimated Revenue for PSIF – Police $86,000 $27,000
Estimated Revenue for CIF $50,000 $12,000
Subtotal Fees with Estimated Revenue
for PSIF and CIF
$221,000 $65,000
Potential Grand Total for Permit $1,563,405 $478,430
Potential Estimated Percentage
Increase with CIF and PSIF
+16.5% +15.7%
*Does not include fees for service or other permit fees.

29.18 City Council Meeting
December 10, 2024
Item # 29
Childcare and Public Safety Impact Fees
Annual Reports &
Consideration of
Impact Fee Updates

29.19 5
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Childcare Impact Fee Public Safety Impact
Fee - Police
Public Safety Impact
Fee - Fire
FY 2021 FY 2022 FY 2023 FY 2024
$21,031
$19,884 $91,583 $89,508
Revenue: Ending Balances by Impact Fee from
FY 2021 to FY 2024
$19,496 $18,004
$19,884 $16,109 $16,642

29.20 5
Exemption Consideration: 100% Affordable
Housing Projects (PSIF & CIF)
Current Exemption: 100% of units dedicated to lower income Staff Recommendation: Retain some reduction
• PSIF: Remove exemption
• CIF: Option for tiered

29.21 5
Potential Revenue for Exempted 100% Affordable
Projects Since June 2021
Public Safety
Impact Fee
(Fire)
Public Safety
Impact Fee
(Police)
Childcare
Impact
Fee
$271,000 $277,000 $139,000
Projects Units

29.22 • 150 Felker (35 units)?
• 130 Center (233 units)?
5 Future 100% Affordable Project Exemptions
Sample
Exemptions
Exempted
Units
Public
Safety
Impact Fee
(Fire)
Public
Safety
Impact Fee
(Police)
Childcare
Impact
Fee
Library
Project –
119 Lincoln
124 Units $69,000 $70,000 $36,000
Outdoor
World –
136 River
51 Units $27,000 $28,000 $15,000
Future Projects that May Be Exempt:
• 831 Water (140 units)
• 915 Water (83 units)
• 850 Almar (38 units)

29.23 5
Example: Ocean Street Apartments (Mixed Use)
• New development increased density by 3x
• Calls for Service from January to December 2023:

Police: 85 calls Fire: 23 calls
2018 Aerial View 2024 Aerial View + Ocean St Apartments

29.24 5
Exemption Consideration: Accessory Dwelling
Units (ADUs)
Current Exemption: All ADUs
Staff Recommendation:
• PSIF: Apply to ADUs >750 sq. ft.
• CIF: Option for tiered for ADUs >750 sq. ft

29.25 5
Options for Reducing Fees for Workforce Housing
Projects
• CIF: If directed by Council, can exempt school district housing projects
Additional Impact Fee Considerations

29.26 5
Consideration: Public Art Impact Fee
Image from Downtown Plan Expansion
Chinatown Gate, a placemaking sculpture on River Street Activated arts performance space

29.27 5
 100% Affordable Housing Exemption: Retain some reduction • PSIF: Remove exemption
• CIF: Tiered
 ADUs Exemption: Retain some fee reduction
• PSIF: Apply to ADUs >750 sq. ft.
• CIF: Tiered for ADUs >750 sq. ft.
 Workforce Housing Projects
• CIF: Exempt school district housing projects?
 Public Art Impact Fee?
Feedback Requested

29.28 City Council Meeting
December 10, 2024
Item # 29
Childcare and Public Safety Impact Fees
Annual Reports &
Consideration of
Impact Fee Updates

29.29 5
Summary of Exempted Projects from PSIF & CIF

29.30 5
Example ADUs >750 ft2 Exempted from CIF & PSIF

29.31 City Council

AGENDA REPORT
DATE: 11/26/2024
AGENDA OF: 12/10/2024
DEPARTMENT: Planning and Community Development
SUBJECT: Ordinances Related to Accessory Dwelling Units to Maintain Consistency with State Law, Remove Owner-Occupancy Requirements for Existing Accessory Dwelling Units, and to Allow for the Condominium Mapping and Separate Sale of Accessory Dwelling Units and Their Associated Primary Dwellings. Ordinances Include: Emergency Ordinance Amending Santa Cruz Municipal Code Chapters 18.15, 24.08, 24.10, 24.12, and

24.16; Ordinance Amending Santa Cruz Municipal Code Chapters 23.04,

23.12, 23.37, 24.08, 24.10, and 24.16 and Adding New Section 24.16.165; Ordinance Amending Santa Cruz Municipal Code Chapters 24.08, 24.10, and Chapter 24.12; and Ordinance Amending Santa Cruz Municipal Code Section 18.15.040. Amendments to Chapter Sections 24.08.810a,

24.08.2140, 24.08.2200, 24.10.210, 24.10.310, 24.10.410, 24.10.510,

24.10.565, 24.10.603, 24.10.611, 24.10.619, 24.10.627, 24.10.632,

24.10.636, 24.10.1210, 24.12.240, and 24.12.250 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. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15183 as a Project Consistent with the General Plan for Which an EIR Was Certified). (PL)
RECOMMENDATION: Motion to:
1) Adopt an Emergency Ordinance acknowledging the environmental determination and amending Santa Cruz Municipal Code Chapters 18.15, 24.08, 24.10, 24.12, and 24.16 to update the City’s local accessory dwelling unit regulations ensuring they remain valid and conform to the requirements of new state laws SB 1211 and AB 2533, which take effect January 1, 2025; 2) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapters 23.04, 23.12, 23.37, 24.08, 24.10, and 24.16 and Adding New Section 24.16.165, related to accessory dwelling units; 3) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapters 24.08, 24.10, and 24.12 related to accessory dwelling units and comprising parts of the LCP IP;
4) Direct the City Manager to submit the LCP IP amendments to the California Coastal Commission for approval, should they be formally adopted as part of a second reading; and

30.1 5) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapter 18.15 related to accessory dwelling units.

BACKGROUND: On October 22, 2024, the City Council adopted ordinances to modify the City’s accessory dwelling unit (ADU) regulations to keep the regulations consistent with state law, improve clarity of existing standards, and to require rented ADUs to enroll in the Residential Rental Inspection Service. A combination of direction from City Council at this meeting, new state laws, and feedback from the California Department of Housing and Community Development (HCD) prompted the need for this separate, follow-up package of amendments.

Two additional changes to the ADU regulations that were initially included in the draft ordinance considered by City Council in October included removing owner-occupancy requirements for ADUs constructed prior to 2020 and allowing for the separate sale of ADUs. The Council did not support these changes at the first reading of the ordinances on October 8, 2024, but during the second reading, Council directed staff to reintroduce these two changes as part of this separate package of amendments.

In September 2024, the governor approved two state laws related to ADUs: Assembly Bill (AB) 2533 and Senate Bill (SB) 1211. AB 2533 relates to legalization of unpermitted ADUs and junior ADUs (JADUs), and SB 1211 makes changes to parking requirements, the number of allowed ADUs, and the standards that can be applied to statewide exemption ADUs. These new state laws take effect January 1, 2025, and the City’s local regulations must reflect these changes by that date to avoid a lapse in enforceability of the City’s ADU ordinance. Therefore, the portions of the proposed amendments that must be in effect by January 1, 2025 are also proposed as an emergency ordinance to be effective immediately.

In addition, the California Coastal Commission and the California Department of Housing and Community Development (HCD) recently developed a new review process seeking to streamline review of changes to ADU ordinances that are also part of a Local Coastal Program (LCP). The new process requires the City to submit a draft of any ordinance that includes ADU-related LCP amendments to HCD, which should complete their review prior to approval by City Council and subsequent submittal of the ordinance amendments to the Coastal Commission. This new process was instituted after the proposed ordinance amendments were heard by the Planning Commission and HCD completed their review only a few days before the ordinance was approved by City Council. HCD’s review did include a few comments that are now addressed in this new package of ordinance amendments.

Therefore, the amendments proposed here address City Council direction on owner-occupancy and separate sale of ADUs, new state laws changes, and comments from HCD’s review of the previous ordinance. The amendments come in the form of several ordinances:
• One emergency ordinance amending various sections of the municipal code to ensure that the City’s ADU regulations remain consistent with state law changes made by SB1211 and AB2533, since there will be a gap between when the state law goes into effect and when a permanent ordinance is adopted and in effect.

30.2 • One ordinance permanently amending section 18.15 of the municipal code, exempting statewide exemption ADUs from the City’s local amendments to the state energy code for new buildings. These amendments require approval from the California Energy Commission before they can take effect.
• Two ordinances permanently amending sections of the municipal code to implement all proposed changes, including the two new state laws, comments from HCD, removal of owneroccupancy requirements, and separate sale of ADUs. One of these ordinances amends sections of the municipal code within the LCP and will need approval from the Coastal Commission prior to taking effect within the coastal zone.

DISCUSSION:

Removal of Owner Occupancy Requirement
Historically, the City’s ADU regulations required owner occupancy for properties with ADUs.

This means that the property owner was required to live on the property, either in the primary dwelling or in the ADU. In 2019, state SB 13 (Wieckowski) passed into law and prohibited local jurisdictions from imposing owner-occupancy requirements for ADUs approved between January 1, 2020 and January 1, 2025. In 2023, AB 976 (Ting) expanded on this legislation by eliminating the 2025 sunset date, thus prohibiting local jurisdictions from requiring owneroccupancy for properties with newly proposed ADUs in perpetuity.

At the October 22, 2024 City Council meeting, communications received from state legislators indicated that the intent of the law was to eliminate owner occupancy requirements altogether, not just for those created in 2025 and beyond. In addition, several community members expressed concerns about equity for property owners who had constructed their ADUs prior to 2020 compared to those with ADUs constructed in 2020 and later. The City Council approved the removal of owner-occupancy requirements for ADUs constructed in 2025 and beyond, expanding on the municipal code’s regulations that waived owner-occupancy for properties with ADUs constructed between 2020 and 2025. Council gave staff direction to bring back for review amendments to remove owner occupancy requirements for properties with ADUs constructed prior to 2020, and those changes are included in the proposed ordinances.

Separate Sale of ADUs
In 2023, state bill AB 1033 (Ting) created new legislation that allows local jurisdictions the option to adopt an ordinance permitting ADUs and their associated primary dwellings to be sold separately as condominiums. An AB 1033 implementing ordinance would support the creation of a new type of ownership housing unit that is more affordable by nature. In a time where nearly all new development in Santa Cruz is rental housing, such an ordinance could provide a new opportunity to create smaller ownership units, making the city’s housing market more diverse and accessible.

While Council had originally rejected the proposed AB 1033 implementing ordinance at the October 8, 2024 meeting, at the second reading on October 22, 2024, Council directed staff to return with the proposal for further consideration. While a thorough analysis of the proposed amendments is in the attached reports for the September 5th Planning Commission meeting and October 8th City Council meeting, additional information relating to this topic is provided below.

30.3 The results of the National Community Survey for Santa Cruz, completed earlier this year, were recently released and found the availability of affordable quality housing as one of the City’s lowest performing areas among survey participants, with only three percent finding the cost of housing as either excellent or good. Respondents also had an overall poor view of the variety of housing options, with only 10 percent finding the variety of housing as either excellent or good.

This data points strongly to a desire in the City’s population for more types of, and more affordable, housing.

While the City of San Jose has recently pioneered the sale of ADUs in California, several large cities throughout the nation, including Seattle, Washington, Portland, Oregon, and Austin, Texas have already had such programs in place for longer. Seattle has especially robust data on this topic. According to the City of Seattle’s Accessory Dwelling Units 2023 Annual Report, the share of ADUs that were developed into condominiums held steady at one to three percent of the total number of ADUs through 2016. However, starting in 2017, that number started to rise, and in 2022, 44 percent of ADU permits were for ADU condominiums.

Importantly, the report found that the median price of an ADU sold as a condominium in 2022 was $757,500, the associated primary dwelling sold for $1.18 million, and newer detached single-family homes sold for a median price of $1.6 million. Given the relatively comparable cost of housing in Seattle, these numbers may provide an approximation of the types of prices that ADU and primary dwelling condominiums could sell for in Santa Cruz.

When the price of the condominium and primary dwelling are combined, they exceed that of a typical single-family home, and this could suggest that this mechanism contributes an unknown amount to the upward pressure on housing prices. Regarding this larger amount, the data does not detail factors such as lot size (where a primary dwelling with a condo ADU may already be on a larger lot than a typical single-family home to better accommodate both units and thus be more expensive than the median to begin with). In any case, the Seattle data clearly shows that the price of an ADU condominium or a primary dwelling condominium alone are each substantially lower than a single-family home and provide new ownership housing options that are more affordable and attainable than single-family homes.

State Law Consistency
The proposed amendments ensure that the City’s ADU regulations continue to be consistent with state law. The proposal brings the regulations into alignment with state law changes made by SB 1211 and AB 2533 and incorporates feedback from HCD on their review of the recently approved, LCP-amending ADU ordinance. One change involves excluding statewide exemption ADUs from the City’s local amendments to the state energy code. Because this specific change needs to be submitted to the California Energy Commission for approval once adopted by City Council, a separate ordinance has been created for this amendment. The attached agenda report for the November 21, 2024 Planning Commission meeting includes a full discussion of these changes and the General Plan and Local Coastal Program consistency analysis for the proposed amendments.

Planning Commission Recommendation
The Planning Commission originally heard and recommended approval of the proposed amendments related to owner occupancy and separate sale of ADUs at the September 5, 2024 meeting. A discussion of their feedback can be found in the attached agenda report for the October 8, 2024 City Council meeting. At the November 21, 2024 Planning Commission

30.4 meeting, the Commission recommended approval of the other components of the proposed amendments that are needed to maintain compliance with state law. Commissioners specifically expressed support for exempting statewide exemption ADUs from the requirements of the energy reach code.

Community Outreach
The Department of Planning and Community Development held a virtual community meeting on August 15, 2024, consistent with the department’s Community Outreach Policy. Approximately 30 community members attended the meeting. Staff presented an overview of proposed amendments and obtained feedback from attendees. In addition, staff gave a presentation to the Santa Cruz County Association of Realtors on August 23, 2024 to provide an overview of ADU regulations and potential modifications to the regulations. Staff gave another presentation to the Santa Cruz Women’s Council of Realtors on November 13, 2024 that included information on what had been approved in the initial ADU amendments and what is being considered in the follow-up amendments. Questions and comments from the attendees focused on the Residential Rental Inspection Service, the process for owner-occupancy requirements to be removed from deed restrictions, legalizing unpermitted ADUs, how the separate sale of ADUs would apply to SB 9 developments (both could be utilized on a lot, as long as both sets of regulations are adhered to), and what parking requirement would apply to ADU condominiums.

NEXT STEPS: Should the emergency ordinance be approved by City Council (needing a fivevote majority), the emergency ordinance would remain effective for up to 45 days, until January 24, 2025. Should the regular ordinance in this package that includes the same amendments as those in the emergency ordinance be approved by Council on December 10, 2024 and at a second reading on January 14, 2025, then they would be permanently in effect on February 13, 2025, after the 45 days runs out. Because this hearing was noticed, the emergency ordinance can be extended by Council vote up to a further 22 months and 15 days, pursuant to Government Code Section 65858(b). Staff will request that the City Council extend the emergency ordinance at least one month until the regular ordinance can take effect. Should the LCP amending ordinance be approved by City Council at the December 10, 2024 hearing, it would come back for a second reading on January 14th, and if adopted on that date, it would be in effect outside the coastal zone 30 days after final adoption. The ordinance would be in effect within the coastal zone after Coastal Commission approval. Should the ordinance approving amendments to the energy code be approved at the December 10, 2024 hearing, it would come back for a second reading on January 14th, and if adopted on that date, it would be in effect after 30 days and after approval by the California Energy Commission.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed amendments are exempt from CEQA pursuant to Section 15183 as a project consistent with the General Plan for which an EIR was certified. The General Plan contemplates and encourages ADU development, for example in Land Use Policy LU3.8, in various Housing Element goals and objectives, and as further described in the attached November 21, 2024 Planning Commission staff report.

30.5 proposed changes to ADU regulations support the HiAP approach as these revisions support the creation of both rental and ownership ADUs that are typically more affordable than single family homes, allow for new types of housing ownership , and can provide seniors with an additional option for aging in place. The changes also support streamlined production of ADUs that create new infill housing units, which is an efficient and sustainable use of land. Therefore, the proposal is consistent with the three HiAP pillars.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Proposed updates to clarify and streamline ADU regulations and to ensure continued consistency with state law may result in reduced staff time for permit application review, improving the efficiency of Planning services and thus reducing expenses. Creating a new option for mapping ADUs and their associated primary dwellings as condominiums may result in more permit applications that would generate additional revenue in the form of permit fees, though those fees are structured to cover staff costs associated with such reviews. Reduced permitting fees associated with not requiring a tentative parcel map approval for ADU condominium projects resulting in four or fewer condominium lots would decrease the potential revenue per project but could lower the barrier to obtaining permits, resulting in more permit applications and thus more revenue. Additional property tax revenue associated with new housing units would likely be counteracted by additional costs associated with providing services to the new residents.

Prepared By:

Clara Stanger
Senior Planner
Matt VanHua
AICP Principal Planner
Submitted By:

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

Matt Huffaker
City Manager
ATTACHMENTS:

1. EMERGENCY ORDINANCE ACCESSORY DWELLING UNIT AMENDMENTS - CLEAN.DOCX

2. EMERGENCY ORDINANCE ACCESSORY DWELLING UNIT AMENDMENTS - TRACK CHANGES.DOCX

3. ORDINANCE FOR ACCESSORY DWELLING UNIT REGULATIONS AMENDMENTS, LCP - CLEAN.DOCX

4. ORDINANCE FOR ACCESSORY DWELLING UNIT REGULATIONS AMENDMENTS, LCP - TRACK CHANGES.DOCX

5. ORDINANCE FOR ACCESSORY DWELLING UNIT REGULATIONS AMENDMENTS, NON-LCP - CLEAN.DOCX

6. ORDINANCE FOR ACCESSORY DWELLING UNIT REGULATIONS AMENDMENTS, NON-LCP - TRACK CHANGES.DOCX

7. ORDINANCE FOR CHANGES TO ENERGY CODE RELATED TO ACCESSORY DWELLING UNITS - CLEAN.DOCX

8. ORDINANCE FOR CHANGES TO ENERGY CODE RELATED TO ACCESSORY DWELLING UNITS - TRACK CHANGES.DOCX

30.6 9. AGENDA REPORT FROM SEPTEMBER 5, 2024 PLANNING COMMISSION MEETING.DOCX

10. AGENDA REPORT FROM OCTOBER 8, 2024 CITY COUNCIL MEETING.PDF

11. AGENDA REPORT FROM NOVEMBER 21, 2024 PLANNING COMMISSION MEETING.DOCX

30.7 EMERGENCY ORDINANCE NO.

AN EMERGENCY ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTERS 18.15 – ENERGY CODE, 24.08 – LAND USE PERMITS AND FINDINGS, 24.10 – LAND USE DISTRICTS, 24.12 – COMMUNITY DESIGN, AND 24.16 – AFFORDABLE HOUSING PROVISIONS TO MAINTAIN

CONSISTENCY WITH NEW STATE REGULATIONS FOR ACCESSORY DWELLING UNITS. AMENDMENTS TO SECTIONS 24.08.810a, 24.08.2140, 24.08.2200, 24.10.632, AND

24.12.250 ARE PART OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (LCP IP) AND WILL BE EFFECTIVE OUTSIDE THE COASTAL ZONE ONLY (CEQA:

EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3), 15183, AND 15308, AND CONSISTENT WITH THE 2030 CLIMATE ACTION PLAN NEGATIVE DECLARATION).

WHEREAS, accessory dwelling units contribute needed housing to the community’s housing stock and provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security; and WHEREAS, on September 19, 2024, SB 1211 (Skinner) was signed into law, making changes to requirements for parking associated with accessory dwelling unit development, increasing the number of statewide exemption accessory dwelling units allowed on sites with multi-family buildings, and limiting the standards that can be applied to statewide exemption accessory dwelling units; and
WHEREAS, on September 28, 2024, AB 2533 (Carrillo) was signed into law, creating new limits on when a local jurisdiction could deny a permit to legalize an unpermitted accessory dwelling unit and extending those limitations to junior accessory dwelling units; and WHEREAS, amendments to municipal code requirements related to accessory dwelling units must be in effect prior to January 1, 2025 to maintain consistency with and continue to be valid under state law; and
WHEREAS, Public Resources Code Section 25402.1 (h)(2) allows local agencies to adopt local amendments that are cost-effective and that require greater energy reduction/conservation than the California Energy Code; and
WHEREAS, the California Energy Codes and Standards Statewide Utility Program has determined specific modifications to the 2022 State Energy Code for each climate zone that are cost-effective; and that such modifications will result in designs that consume less energy than they would under the 2022 State Energy Code; and
WHEREAS, staff has reviewed the “2024 Existing Building Cost-Effectiveness Study” and associated data, and find them sufficient to illustrate compliance with the requirements set forth under California Administrative Code Chapter 10-106; and

30.8 WHEREAS, based on these studies, the City finds the proposed local amendments to the 2022 California Energy Code to be cost-effective and consume less energy than permitted by Title 24, Part 6; and
WHEREAS, the 2022 California Energy Code offers compliance options that were established through the public rulemaking process of the code update; and WHEREAS, the Council expressly declares that the proposed amendments to the Energy Code are reasonably necessary because of local climatic, topological, and geological conditions; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public comment and through a publicly noticed public hearing process; and WHEREAS, The municipal code amendments to Chapter 18.15 are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022, and therefore, no further environmental review under the California Environmental Quality Act (CEQA) is required; the amendments are exempt from CEQA under the general rule, 15061(b)(3), because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment; and, this ordinance is exempt per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources, since the proposed ordinance would institute regulatory requirements intended to protect the environment and natural resources.

WHEREAS, the amendments to Santa Cruz Municipal Code Chapters 24.08, 24.10, 24.12, and 24.16 fall 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, Pursuant to Government Code Section 65858, the City Council based on that least a four-fifths vote, may adopt as an urgency measure, an interim ordinance to protect the public safety, health and welfare; and
WHEREAS, Based upon the above-described facts and circumstances, and for these same reasons, the City Council finds that this ordinance is necessary as an emergency measure for preserving the public peace, health and safety, and therefore that it may be introduced and adopted at one and the same meeting and shall take effect immediately upon its adoption, consistent with the City Charter Section 608.

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

Section 1. Section 18.15.040 of Chapter 18.15 of the Santa Cruz Municipal Code regarding Energy Code – Modifications is hereby amended to read as follows:

18.15.040 ENERGY CODE – MODIFICATIONS.

30.9 Text prior to language amending Section 150 of the CEnC, starting with “The following sections of the code as adopted in Section 18.15.030 are hereby modified as follows:” and ending with “(a) – (c): Subsections 140.1 (a) – (c) are adopted without modification” remain unchanged Section 150.0 of the CEnC is amended as follows:

Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(w).

NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings.

Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The City of Santa Cruz amendments to sections 150.0 (t) do not apply to additions or alterations or the following types of new construction statewide exemption accessory dwelling units:

1. One accessory dwelling unit per lot with a proposed single-unit building, including a singlefamily dwelling, or a townhome, or a detached residential condominium or apartment unit on a lot with multiple single-unit buildings, if all of the following apply:
i. The accessory dwelling unit is within the proposed space of a single-unit building. ii. The accessory dwelling unit has an exterior entrance separate from that of the primary dwelling unit.
iii. The side and rear setbacks are sufficient for fire and safety.

2. One detached, new construction accessory dwelling unit per lot that meets the following standards:
i. The accessory dwelling unit shall be located on a lot with a proposed or existing single-unit building, including a single-family dwelling, or a townhome, or a detached residential condominium or apartment unit on a site with multiple single-unit buildings.
ii. The accessory dwelling unit size shall not exceed 800 square feet in floor area. iii. Interior side yard and rear yard setbacks shall be at least four feet. iv. The accessory dwelling unit shall meet one of the following height limitations as measured to the roof peak:

1. A height of 16 feet; or

2. A height of 18 feet if the accessory dwelling unit is on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. This height can be increased an additional two feet to twenty feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

3. One junior accessory dwelling unit per lot zoned to allow single-family dwellings and within the walls of a proposed single-unit building, including a single-family dwelling, townhome, or detached residential condominium or apartment unit on a lot with multiple detached single-unit dwellings.

Text describing or amending sections 150.0(a) through EXCEPTION 2 to Section 150.1(b)1 of the CEnC remain unchanged.

30.10 EXCEPTION 3 to Section 150.1(b)1. The following types of new construction statewide exemption accessory dwelling units are not required to meet the performance standards in 150.1(b)1:

1. A height of 16 feet; or

The remainder of Section 18.15.040 remains unchanged.

Section 2. Section 24.08.810 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies Outside the Coastal Zone) is hereby amended to read as follows:

24.08.810 PROCEDURE.

30.11 greater than or equal to thirty percent and less than fifty percent and is consistent with the findings in Section 24.08.820, unless the slope development permit is accompanied by an application that must be heard by a higher body. Projects on or within twenty feet of a slope of fifty percent or greater must be considered at a public hearing by the zoning administrator and must also be consistent with the findings in Section 24.08.820 unless the project is exempted from such a permit per Section 24.14.030(1)(g).

Section 3. Section 24.08.810a of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies In the Coastal Zone) is hereby amended to read as follows:

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030a, except for statewide exemption accessory dwelling units as defined in Part 2 of Chapter 24.16, must apply for a slope modification permit. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty percent slope and is consistent with the findings in Section 24.08.820a, unless the slope modification permit is accompanied by an application which must be heard by a higher body. Should a project be closer than ten feet to a thirty percent slope, then it must be considered at a public hearing by the zoning board as a variance which must also be consistent with the findings in Section 24.08.820a.

Section 4. Section 24.08.2140 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Exemptions from Watercourse Development Permit is hereby amended to read as follows:

24.08.2140 EXEMPTIONS.

Section 24.08.2140 through Subsection 24.08.140.5 remains unchanged. Subsection 24.08.2140.6 is amended to read as follows:

6. A statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16. Despite the statement in section 24.08.2140 that exemptions do not apply to projects that are not exempt from coastal permit requirements, in the coastal zone, this exemption applies even if the statewide exemption accessory dwelling unit requires approval of a coastal permit; however, in this case, the statewide exemption accessory dwelling unit shall be consistent with the development standards of the Citywide Creeks and Wetlands Management Plan.

Section 5. Section 24.08.2200 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Purpose of Watercourse Variance is hereby amended to read as follows:

24.08.2200 PURPOSE.

30.12 requires approval of a coastal permit shall otherwise conform with all other goals, policies and objectives of City-Wide Creeks and Wetlands Management Plan.

Section 6. Section 24.10.632 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-T(D) Subdistrict D – Beach Residential Zoning District is hereby amended to read as follows:

24.10.632 DISTRICT REGULATIONS.

Subsections 24.10.632.1 through 24.10.632.2 remain unchanged.

Subsections 24.10.632.a.1 through 24.10.632.4 remain unchanged.

Section 7. Section 24.10.4060 of Chapter 24.10 of the Santa Cruz Municipal Code regarding New Construction on Sites Abutting Overlay District Boundaries is hereby amended to read as follows:

24.10.4060 NEW CONSTRUCTION ON SITES ABUTTING OVERLAY
DISTRICT BOUNDARIES.

The purpose of the following provisions is to ensure that new development which occurs on the boundaries of a designated Neighborhood Overlay District is compatible and supportive of the public policy goals established for these districts. These provisions apply to all sites abutting a Neighborhood Conservation Overlay District.

In addition to the regulations of the underlying zoning districts, all development, redevelopment, and building expansions, except accessory dwelling units, on sites abutting Neighborhood Conservation Overlay Districts shall comply with the following:

Subsections 24.10.4060.1 through 24.10.4060.5 remain unchanged.

Section 8. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

30.13 Subsection 24.12.250.1 remains unchanged. The text of Subsection 24.12.250.2 remains unchanged. The rows of the table of Subsection 24.12.250.2 regarding “Multifamily residential (3 or more units)” and “Parking District No. 1 – Residential uses” are amended as follows:

Multifamily
residential
(3 or more units)
Housing
developments with 3
or more units
See classification
column
Class 1 – 1 space per
unit – garages or
secure accessible
indoor areas count
Class 2 – 1 space per
4 units, minimum 2
spaces
Parking District No. 1
– Residential uses
Multifamily housing See classification
column
1 Class 1 bicycle
parking space per unit
1 Class 2 bicycle
parking space per 15
units
Subsections 24.12.250.3 through 24.12.250.6 remain unchanged.

Section 9. Section 24.16.020 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Basic On-Site Inclusionary Housing Requirements is hereby amended to read as follows:

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

Subsection 24.16.020.1 remains unchanged.

2. The following residential developments are exempt from the requirements of this chapter:
a. Residential developments developed pursuant to the terms of a development agreement executed prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any affordable housing requirements included in the development agreement or any predecessor inclusionary housing requirements in effect on the date the development agreement was executed.
b. Residential developments for which a complete application was filed with the city prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
c. Residential developments if exempted by California Government Code Section 66474.2 or 66498.1; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete. d. Residential developments replacing dwelling units that have been destroyed by fire, flood, earthquake, or other acts of nature, so long as no additional dwelling units are created by the residential development; and provided, that such residential

30.14 developments comply with any inclusionary housing requirements previously applied to the dwelling units being replaced.
e. Accessory dwelling units.
f. Rental residential developments with two to four dwelling units.

Subsections 24.16.020.3 through 24.16.020.6 remain unchanged.

7. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section.

Section 10. Section 24.16.125 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Definitions of Accessory Dwelling Units is hereby amended to read as follows:

24.16.125 DEFINITIONS
Section 24.16.125 through Subsection 24.16.125.8 remain unchanged.

9. “Statewide exemption accessory dwelling unit” shall mean an accessory dwelling unit that conforms to any of the following subsections a-d below. None of the standards in Sections

24.16.141 or 24.16.142 shall apply to a statewide exemption accessory dwelling unit.

Subsections 24.16.125.9.a through 24.16.125.9.c remain unchanged. Subsection

24.16.125.9.d is amended to read as follows:
d. Multiple detached accessory dwelling units that are located on a lot with a multiunit building, including a residential condominium or apartment building with two or more attached units. Accessory dwelling units shall meet the following standards:
i. The number of permitted detached accessory dwelling units equals:

1. On a lot with an existing multi-unit building, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

2. On a lot with a proposed multi-unit building, not more than two detached accessory dwelling units.
ii. Rear and interior side yard setbacks shall be at least four feet. If the existing multi-unit building has a rear or interior side yard setback of less than four feet, the existing multi-unit building will not be required to be modified to meet this setback.

30.15 iii. The accessory dwelling units shall meet one of the following height limitations as measured to the roof peak:

1. A height of 16 feet; or

2. A height of 18 feet if the accessory dwelling unit is on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. This height can be increased an additional two feet to 20 feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

3. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-unit, multistory building.

Section 11. Section 21.16.130 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Permit Procedures is hereby amended to read as follows:

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq, except that statewide exemption accessory dwelling units shall not be subject to the development standards in 24.16.141 and 24.16.142.

Subsection 24.16.130.2 remains unchanged.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant in accordance with the 60- day time period set forth in Section 24.16.130.2 above.

Subsections 24.16.130.4 and 24.16.130.5 remain unchanged.

6. The City shall not deny a building permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to noncompliance with any requirement of this Part.

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

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

9. To promote flexibility in siting of accessory dwelling units, nothing in this Part shall prohibit an applicant from pursuing a discretionary permit to construct an accessory dwelling unit on a lot that has a buildable area of at least eight hundred square feet with at least four foot side and rear yard setbacks for an attached or detached accessory dwelling unit with application of all site development standards or waivers as provided in Section 24.16.141 but where the applicant chooses to place the accessory dwelling unit in a location that does not meet such standards or waivers.

Section 12. Section 21.16.140 of Chapter 24.16 of the Santa Cruz Municipal Code regarding General Development Standards is amended to read as follows:

24.16.140 GENERAL DEVELOPMENT STANDARDS.

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

1. Number of Accessory Dwelling Units per Parcel.
a. For parcels including a proposed or existing single-unit building, including a singlefamily home, townhome, or multiple detached dwellings, but not including any multifamily structures: One non-exempt accessory dwelling unit shall be allowed on each lot in addition to any statewide exemption accessory dwelling units. Each lot may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170.
b. For lots developed with one or more multi-unit buildings, including an apartment or condominium building with two or more dwelling units: no non-exempt accessory dwelling units shall be allowed. The number of statewide exemption accessory dwelling units allowed on each lot equals:
i. For units converted from existing non-habitable space, as defined in Section

24.16.129.9.c: at least one conversion accessory dwelling unit. Up to twenty-five percent of the number of existing dwellings in the multi-unit building may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. ii. For newly constructed units, as defined in Section 24.16.129.9.d:

1. On a lot with an existing multi-unit building, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units

30.17 allowable pursuant to this clause shall not exceed the number of existing units on the lot.

2. On a lot with a proposed multi-unit building, not more than two detached accessory dwelling units.

2. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
a. One or more single-unit buildings, as defined in Section 24.16.125.8, exists on the lot or will be constructed concurrently and in conjunction with the accessory dwelling unit; b. Consistent with the provisions of Sections 24.16.125.9.c and 24.16.125.9.d, the lot contains an existing multi-unit building, as defined in Section 24.16.125.4, or a proposed multi-unit building that will be constructed concurrently and in conjunction with the accessory dwelling unit.

Subsections 24.16.140.3 through 24.16.140.5 remain unchanged.

Section 13. Section 21.16.141 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Site Development Standards is hereby renamed Site Development Standards For NonExempt Accessory Dwelling Units and amended to read as follows:

24.16.141 SITE DEVELOPMENT STANDARDS FOR NON-EXEMPT ACCESSORY DWELLING UNITS.

Despite any directly conflicting zone district site development standards, all non-exempt accessory dwelling units shall comply with the following site development standards. All other zone district site development standards not listed here shall apply to non-exempt accessory dwelling units. These standards shall not apply to statewide exemption accessory dwelling units.

Subsections 24.16.141.1 through 24.16.141.9 remain unchanged.

10. If the application of all site development standards results in a buildable area that physically precludes the creation of any attached or detached accessory dwelling unit of up to 800 square feet with at least four foot interior side and rear yard setbacks, then the applicant may waive any one or more of the following site development standards only to the extent that it increases the buildable area to allow such an accessory dwelling unit:
a. Percentage of primary dwelling, and/or
b. Lot coverage, and/or
c. Floor area ratio, and/or
d. Open space, and/or
e. Front setbacks.

30.18 Section 14. Section 21.16.142 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Accessory Dwelling Unit Design Standards is hereby renamed Non-Exempt Accessory Dwelling Unit Design Standards and amended to read as follows:

24.16.142 NON-EXEMPT ACCESSORY DWELLING UNIT DESIGN STANDARDS Non-exempt accessory dwelling units shall comply with the following design standards. These standards shall not apply to statewide exemption accessory dwelling units.

1. Municipal Code Requirements. All non-exempt accessory dwelling units shall meet the objective design standards set forth in this Code, including landscape and tree removal and/or replacement requirements.

2. The following standards apply to non-exempt accessory dwelling units that that do not meet one or more of the standard setbacks for the zone district in which they are proposed:
a. The entrance to the accessory dwelling unit, access stairs, and second story decks shall face the interior of the lot unless the accessory dwelling unit is adjacent to an alley or a public street.
b. When an accessory dwelling unit is adjacent to an alley or a public street, the accessory dwelling unit shall be oriented toward the alley or street with the front access door and windows facing the alley or street. The entry facing the alley or street shall include a minimum of 12 square feet of flat, unenclosed, covered area, which may be a projection from the building, or inset, or a combination of the two.
c. Windows that do not meet the standard zone district side or rear setback and that face an adjoining residential property shall be designed to obscure views of that property by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

3. Connections Between Units. Non-exempt accessory dwelling units shall not create access between units except a connection between the accessory dwelling unit and the primary dwelling via common access to a shared garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

4. The application to construct a non-exempt accessory dwelling unit on a property that is designated as a historic resource by the National Register of Historic Places, the State of California, or by the City, including any property that has been determined to be eligible for the City’s historic building survey list but the property owner has elected to not list the property (opt-out), shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties as confirmed in a report prepared by a professional historic consultant who is listed on the Department of Planning and Community Development’s approved consultant list.

Section 15. Section 21.16.150 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Use Standards is hereby amended to read as follows:

24.16.150 USE STANDARDS.

Subsections 24.16.150.1 and 24.16.150.2 remain unchanged.

30.19 3. Neither an accessory dwelling unit nor an associated primary dwelling shall be used on a transient occupancy basis or for short-term/vacation rental purposes with a term of 30 or fewer days.
a. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as short-term/vacation rental purposes, may continue the use.

4. For properties developed with attached accessory dwelling units, any portion of the accessory dwelling unit that in the future is remodeled to become part of the primary dwelling shall meet the zone district development standards that apply to the primary dwelling.

5. Occupancy.

Subsections 24.16.150.5.a through 24.16.150.5.d (formerly 24.16.150.8.a through 24.16.150.8.d) remain unchanged.

Section 16. Section 21.16.160 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Zoning Incentives is hereby amended to read as follows:

24.16.160 ZONING INCENTIVES.

The following incentives are to encourage construction of accessory dwelling units:

1. Affordability Requirements for Fee Waivers. Accessory dwelling units proposed to be rented at affordable rents, as established by the city, may have development fees waived per Part 4 of this chapter. Existing dwelling units shall be relieved of the affordability requirement upon payment of fees in the amount previously waived plus the difference between that amount and the fees in effect at the time of repayment.

Subsections 24.16.160.2 and 24.16.160.3 remain unchanged.

Section 17. If any section or portion of this emergency 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 18. Amendments to Sections 24.08.810a, 24.08.2140, 24.08.2200, 24.10.632, and

24.12.250 are part of the Local Coastal Program Implementation Plan (LCP IP) and will be in effect outside the coastal zone only. Within the coastal zone, the existing LCP IP as certified by the California Coastal Commission will continue to apply.

Section 19. This emergency ordinance shall take effect immediately and shall expire 45 days from the date of its adoption, unless further extended by action of the City Council or replaced by a regular ordinance amending the same code sections.

30.20 PASSED FOR ADOPTION as an emergency ordinance this 10th day of December, 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. 202X-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

30.21 EMERGENCY ORDINANCE NO.

CONSISTENCY WITH NEW STATE REGULATIONS FOR ACCESSORY DWELLING UNITS. AMENDMENTS TO SECTIONS 24.08.810a, 24.08.2140, 24.08.2200, 24.10.632, AND

24.12.250 ARE PART OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (LCP IP) AND WILL BE EFFECTIVE OUTSIDE THE COASTAL ZONE ONLY (CEQA:

EXEMPT PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3), 15183, AND 15308, AND CONSISTENT WITH THE 2030 CLIMATE ACTION PLAN NEGATIVE DECLARATION).

30.22 WHEREAS, based on these studies, the City finds the proposed local amendments to the 2022 California Energy Code to be cost-effective and consume less energy than permitted by Title 24, Part 6; and
WHEREAS, the 2022 California Energy Code offers compliance options that were established through the public rulemaking process of the code update; and WHEREAS, the Council expressly declares that the proposed amendments to the Energy Code are reasonably necessary because of local climatic, topological, and geological conditions; and
WHEREAS, the requirements specified in this Ordinance were reviewed via public comment and through a publicly noticed public hearing process; and WHEREAS, The municipal code amendments to Chapter 18.15 are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022, and therefore, no further environmental review under the California Environmental Quality Act (CEQA) is required; the amendments are exempt from CEQA under the general rule, 15061(b)(3), because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment; and, this ordinance is exempt per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources, since the proposed ordinance would institute regulatory requirements intended to protect the environment and natural resources.

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

Section 1. Section 18.15.040 of Chapter 18.15 of the Santa Cruz Municipal Code regarding Energy Code – Modifications is hereby amended to read as follows:

18.15.040 ENERGY CODE – MODIFICATIONS.

30.23 Text prior to language amending Section 150 of the CEnC, starting with “The following sections of the code as adopted in Section 18.15.030 are hereby modified as follows:” and ending with “(a) – (c): Subsections 140.1 (a) – (c) are adopted without modification” remain unchanged Section 150.0 of the CEnC is amended as follows:

Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(w).

NOTE: The requirements of Sections 150.0 (a) through (v) apply to newly constructed buildings.

Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations. The City of Santa Cruz amendments to sections 150.0 (t) do not apply to additions or alterations. or the following types of new construction statewide exemption accessory dwelling units:

1. A height of 16 feet; or

Text describing or amending sections 150.0(a) through EXCEPTION 2 to Section 150.1(b)1 of the CEnC remain unchanged.

30.24 EXCEPTION 3 to Section 150.1(b)1. The following types of new construction statewide exemption accessory dwelling units are not required to meet the performance standards in 150.1(b)1:

1. A height of 16 feet; or

The remainder of Section 18.15.040 remains unchanged.

24.08.810 PROCEDURE.

30.25 zoning administrator under Section 24.14.030(1)(c) without a hearing if the project is on or within twenty feet of a slope greater than or equal to thirty percent and less than fifty percent and is consistent with the findings in Section 24.08.820, unless the slope development permit is accompanied by an application that must be heard by a higher body. Projects on or within twenty feet of a slope of fifty percent or greater must be considered at a public hearing by the zoning administrator and must also be consistent with the findings in Section 24.08.820 unless the project is exempted from such a permit per Section 24.14.030(1)(g).

Section 3. Section 24.08.810a of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies In the Coastal Zone) is hereby amended to read as follows:

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030a, except for statewide exemption accessory dwelling units as defined in Part 2 of Chapter 24.16, must apply for a slope modification permit except for approval of a statewide exemption accessory dwelling unit that waives the distance from slope standard pursuant to Section 24.16.141.11. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty percent slope and is consistent with the findings in Section

24.08.820a, unless the slope modification permit is accompanied by an application which must be heard by a higher body. Should a project be closer than ten feet to a thirty percent slope, then it must be considered at a public hearing by the zoning board as a variance which must also be consistent with the findings in Section 24.08.820a.

Section 4. Section 24.08.2140 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Exemptions from Watercourse Development Permit is hereby amended to read as follows:

24.08.2140 EXEMPTIONS.

Section 24.08.2140 through Subsection 24.08.140.5 remains unchanged. Subsection 24.08.2140.6 is amended to read as follows:

6. A statewide exemption accessory dwelling unit, as defined in Section 24.16.125.9, that is approved with a waiver of the required distance from a watercourse or wetland as described in Section 24.16.141.11Part 2 of Chapter 24.16. Despite the statement in section 24.08.2140 that exemptions do not apply to projects that are not exempt from coastal permit requirements, in the coastal zone, this exemption applies even if the statewide exemption accessory dwelling unit requires approval of a coastal permit; however, in this case, the statewide exemption accessory dwelling unit shall be consistent with the development standards of the Citywide Creeks and Wetlands Management Plan to the extent that it shall not be required to be moved.

Section 5. Section 24.08.2200 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Purpose of Watercourse Variance is hereby amended to read as follows:

30.26 24.08.2200 PURPOSE.

The purpose of this part is to allow variation from the watercourse setbacks or development standards as outlined in Sections 24.08.2130 and 24.08.2180. A watercourse variance shall not be required for a statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16, to vary from a watercourse setback; however, a statewide exemption accessory dwelling unit that requires approval of a coastal permit shall otherwise conform with all other goals, policies and objectives of City-Wide Creeks and Wetlands Management Plan.approved with a waiver of a watercourse setback pursuant to Section 24.16.141.11.

24.10.632 DISTRICT REGULATIONS.

Subsections 24.10.632.1 through 24.10.632.2 remain unchanged.

Subsections 24.10.632.a.1 through 24.10.632.4 remain unchanged.

Section 7. Section 24.10.4060 of Chapter 24.10 of the Santa Cruz Municipal Code regarding New Construction on Sites Abutting Overlay District Boundaries is hereby amended to read as follows:

24.10.4060 NEW CONSTRUCTION ON SITES ABUTTING OVERLAY
DISTRICT BOUNDARIES.

Subsections 24.10.4060.1 through 24.10.4060.5 remain unchanged.

30.27 Section 8. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

Subsection 24.12.250.1 remains unchanged. The text of Subsection 24.12.250.2 remains unchanged. The rows of the table of Subsection 24.12.250.2 regarding “Multifamily residential (3 or more units)” and “Parking District No. 1 – Residential uses” are amended as follows:

Multifamily
residential
(3 or more units)
Housing
developments with 3
or more units, plus
any associated
accessory dwelling
units
See classification
column
Class 1 – 1 space per
unit – garages or
secure accessible
indoor areas count
Class 2 – 1 space per
4 units, minimum 2
spaces
Parking District No. 1
– Residential uses
Multifamily housing,
including any
accessory dwelling
units
See classification
column
1 Class 1 bicycle
parking space per unit
1 Class 2 bicycle
parking space per 15
units
Subsections 24.12.250.3 through 24.12.250.6 remain unchanged.

Section 9. Section 24.16.020 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Basic On-Site Inclusionary Housing Requirements is hereby amended to read as follows:

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

Subsection 24.16.020.1 remains unchanged.

30.28 with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete. d. Residential developments replacing dwelling units that have been destroyed by fire, flood, earthquake, or other acts of nature, so long as no additional dwelling units are created by the residential development; and provided, that such residential developments comply with any inclusionary housing requirements previously applied to the dwelling units being replaced.
e. Accessory dwelling units.
f.e. Rental residential developments with two to four dwelling units.

Subsections 24.16.020.3 through 24.16.020.6 remain unchanged.

7. For the purposes of calculating the number and type of inclusionary units required by this section, rental accessory dwelling units constructed either as part of the initial development or anytime thereafter, shall be subject to the requirements of subsection (5).

The inclusionary requirement for accessory dwelling units constitutes a separate inclusionary requirement than that of the primary residential use, such that only accessory dwelling units shall count toward the inclusionary requirement calculation for the accessory dwelling units on the lot, and only the residential units comprising the primary residential use shall count toward the inclusionary requirement calculation for the primary residential use on the lot. The accessory dwelling unit inclusionary requirement shall be met with accessory dwelling units or as otherwise permitted under Section 24.16.030, including, but not limited to payment of the in-lieu fee.

87. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section.

Section 10. Section 24.16.125 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Definitions of Accessory Dwelling Units is hereby amended to read as follows:

24.16.125 DEFINITIONS
Section 24.16.125 through Subsection 24.16.125.8 remain unchanged.

9. “Statewide exemption accessory dwelling unit” shall mean an accessory dwelling unit that conforms to any of the following: subsections a-d below. None of the standards in Sections

24.16.141 or 24.16.142 shall apply to a statewide exemption accessory dwelling unit.

Subsections 24.16.125.9.a through 24.16.125.9.c remain unchanged. Subsection

24.16.125.9.d is amended to read as follows:

30.29 d. Not more than twoMultiple detached accessory dwelling units that are located on a lot that haswith an existing or proposed multi-unit building, including a residential condominium or apartment building with two or more attached units. Each aAccessory dwelling units shall meet the following standards:
i. The number of permitted detached accessory dwelling units equals:

2. On a lot with a proposed multi-unit building, not more than two detached accessory dwelling units.
i. ii. Rear and interior side yard setbacks shall be at least four feet. If the existing multi-unit building has a rear or interior side yard setback of less than four feet, the existing multi-unit building will not be required to be modified to meet this setback.
ii. iii. The accessory dwelling units shall meet one of the following height limitations as measured to the roof peak:

1. A height of 16 feet; or

2. A height of 18 feet if the accessory dwelling unit is on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. This height can be increased an additional two feet to 20 feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

3. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-unit, multistory building.

Section 11. Section 21.16.130 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Permit Procedures is hereby amended to read as follows:

24.16.130 PERMIT PROCEDURES.

Subsection 24.16.130.2 remains unchanged.

30.30 denial and corresponding comments must be provided to the applicant in accordance with the 60- day time period set forth in Section 24.16.130.2 (4) above.

Subsections 24.16.130.4 and 24.16.130.5 remain unchanged.

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

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

89. To promote flexibility in siting of accessory dwelling units, nothing in this Part shall prohibit an applicant from pursuing a discretionary permit to construct an accessory dwelling unit on a lot that has a buildable area of at least eight hundred square feet with at least four foot side and rear yard setbacks for an attached or detached accessory dwelling unit with application of all site development standards or waivers as provided in Section 24.16.141 but where the applicant chooses to place the accessory dwelling unit in a location that does not meet such standards or waivers.

Section 12. Section 21.16.140 of Chapter 24.16 of the Santa Cruz Municipal Code regarding General Development Standards is amended to read as follows:

24.16.140 GENERAL DEVELOPMENT STANDARDS.

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

30.31 b. For lots developed with an existing or proposedone or more multi-unit buildings, including an apartment or condominium building with two or more dwelling units: no non-exempt accessory dwelling units shall be allowed in addition to any statewide exemption dwelling units. The number of statewide exemption accessory dwelling units allowed on each lot equals:
i. For units converted from existing non-habitable space, as defined in Section

24.16.129.9.c:two new construction and at least one conversion accessory dwelling unit. Up to twenty-five percent of the number of existing dwellings in the multi-unit building may be added as conversion accessory dwelling units. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.
ii. For newly constructed units, as defined in Section 24.16.129.9.d:

2. On a lot with a proposed multi-unit building, not more than two detached accessory dwelling units.

2. Existing Development on Lot. One of the following conditions must be present in order to approve an application to create an accessory dwelling unit:
a. One or more single-unit buildings, as defined in Section 24.16.125.8, exists on the lot or will be constructed concurrently and in conjunction with the accessory dwelling unit; b. Consistent with the provisions of Sections 24.16.125.9.c and 24.16.125.9.d, tThe lot contains an existing multi-unit building, as defined in Section 24.16.125.4, or a proposed multi-unit building that will be constructed concurrently and in conjunction with the accessory dwelling unit.

Subsections 24.16.140.3 through 24.16.140.5 remain unchanged.

6. Accessory dwelling units shall meet the inclusionary requirements described under Section

24.16.020.8.

24.16.141 SITE DEVELOPMENT STANDARDS FOR NON-EXEMPT ACCESSORY DWELLING UNITS.

30.32 Despite any directly conflicting zone district site development standards, all non-exempt accessory dwelling units shall comply with the following site development standards. All other zone district site development standards not listed here shall apply to non-exempt accessory dwelling units. These standards shall not apply to statewide exemption accessory dwelling units.

Subsections 24.16.141.1 through 24.16.141.9 remain unchanged.

10. If the application of all site development standards results in a buildable area that physically precludes the creation of any attached or detached accessory dwelling unit of up to 800 square feet with at least four foot interior side and rear yard setbacks, including both statewide exemption accessory dwelling units and non-exempt accessory dwelling units, then the applicant only may waive any one or more of the following site development standards only to the extent that it increases the buildable area to allow such an accessory dwelling unit:
a. Percentage of primary dwelling, and/or
b. Lot coverage, and/or
c. Floor area ratio, and/or
d. Open space, and/or
e. Front setbacks.

11. If waiver of all the standards listed in Section 24.16.141.10 results in a buildable area that physically precludes the creation of a statewide exemption accessory dwelling unit, then the following site development standards shall be waived only to the extent that the waiver increases the buildable area to allow construction of a statewide exemption accessory dwelling unit. Such waivers are limited to the following:
a. First, the applicant may waive any one or more of the following standards:
i. Exterior side yard setback, and/or
ii. Distance between buildings, and/or
iii. Second floor area of a structure on a substandard lot, and/or iv. Distance from 30 percent or greater slopes.
b. If waiver of all standards in Section 24.16.141.11.a. results in a buildable area that physically precludes the creation of a statewide exemption accessory dwelling unit, then the applicant may waive any one or more of the following standards:
i. The management and development setbacks of a watercourse, but not the riparian setback, when recommendations in a report prepared by a professional biologist with a background in riparian biology are followed and included on the building permit plans. The report recommendations shall not include a requirement to move the building; and/or
ii. The required distance from a heritage tree, or any street tree growing in the public right of way protected under Municipal Code Chapter 13.30, if a report prepared by a professional consulting arborist determines that the reduced distance does not require removal of the tree or any other action that would require approval of a heritage tree permit pursuant to Municipal Code Chapter 9.56 or street tree permit pursuant to Municipal Code Chapter 13.30 and when the building permit plans incorporate all recommendations from the report.

30.33 c. If waiver of all the standards in Section 24.16.141.11.b. results in a buildable area that physically precludes the creation of a statewide exemption accessory dwelling unit, then the applicant may waive any one or more of the following standards:
i. The required distance from a heritage tree or any street tree growing in the public right of way protected under Municipal Code Chapter 13.30, if a report prepared by a professional consulting arborist determines that the tree must be removed or that any other action must be taken that would otherwise require a heritage tree permit pursuant to Municipal Code Chapter 9.56 or street tree permit pursuant to Municipal Code Chapter 13.30. In this case, the statewide exemption dwelling unit is exempt from heritage tree permit and street tree permit requirements. Instead, the building permit plans shall include replacement tree(s) with a location and species specified in the arborist report, or the applicant shall pay an in-lieu fee, as described in the City's heritage tree regulations of Municipal Code Chapter 9.56, street tree regulations of Municipal Code Chapter 13.30, associated City Council resolutions, and associated implementing standards.
ii. The riparian setback of a watercourse, when recommendations in a report prepared by a professional biologist with a background in riparian biology are followed and included on the building permit plans. The report recommendations shall not include a requirement to move the building; and/or
iii. Distance from a wetland as determined pursuant to Section 24.16.141.9.b, when recommendations in a report prepared by a professional biologist with a background in wetland biology are followed and included on the building permit plans. The report recommendations shall not include a requirement to move the building; and/or iv. Distance from a sensitive habitat or vegetation area as determined pursuant to Section

24.16.141.9.e, when recommendations in a report prepared by a professional biologist with a background in sensitive habitat biology are followed and included on the building permit plans. The report shall not include a requirement to move the building; and/or
v. Distance from an archaeological resource recommended in a report prepared by a professional archaeologist. The applicant shall submit an additional review by the archaeologist with recommendations for archaeological resource protection based on the proposed location of the accessory dwelling unit. The additional review shall not include a requirement to move the building. The recommendations from the additional review shall be followed and included on the building permit plans. d. If waiver of all the standards in Section 24.16.141.11.c results in a buildable area that precludes creation of a statewide exemption accessory dwelling unit, then the applicant may waive the following standards in the following order:
i. Clear vision area
ii. Clear corner triangle
Section 14. Section 21.16.142 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Accessory Dwelling Unit Design Standards is hereby renamed Non-Exempt Accessory Dwelling Unit Design Standards and amended to read as follows:

24.16.142 NON-EXEMPT ACCESSORY DWELLING UNIT DESIGN STANDARDS

30.34 All Non-exempt accessory dwelling units, or the type of accessory dwelling unit if specified below, shall comply with the following design standards:. These standards shall not apply to statewide exemption accessory dwelling units.

3. Connections Between Units. Non-exempt Aaccessory dwelling units shall not create access between units except a connection between the accessory dwelling unit and the primary dwelling via common access to a shared garage, laundry room, or storage area; provided, that each unit meets the definition of dwelling unit found in Section 24.22.320.

4. The application to construct an non-exempt accessory dwelling unit on a property that is designated as a historic resource by the National Register of Historic Places, the State of California, or by the City, including any property that has been determined to be eligible for the City’s historic building survey list but the property owner has elected to not list the property (opt-out), shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties as confirmed in a report prepared by a professional historic consultant who is listed on the Department of Planning and Community Development’s approved consultant list.

Section 15. Section 21.16.150 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Use Standards is hereby amended to read as follows:

24.16.150 USE STANDARDS.

Subsections 24.16.150.1 and 24.16.150.2 remain unchanged.

3. The use of the accessory dwelling unit shall be in effect only so long as the property is in compliance with the ordinance as codified.

30.35 43. Neither an accessory dwelling unit nor an associated primary dwelling shall be used on a transient occupancy basis or for short-term/vacation rental purposes with a term of 30 or fewer days.
a. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as short-term/vacation rental purposes, may continue the use.

5. For properties with accessory dwelling units that are located in a permit parking program district, the primary dwelling and the accessory dwelling unit combined shall qualify only for the number of residential parking permits that would have been available to the primary dwelling.

No additional permits will be granted for the accessory dwelling unit. The property owner shall offer the tenant of an accessory dwelling unit a residential parking permit if requested by the tenant.

64. For properties developed with attached accessory dwelling units, any portion of the accessory dwelling unit that in the future is remodeled to become part of the primary dwelling shall meet the zone district development standards that apply to the primary dwelling.

7. If rented, the accessory dwelling unit and primary dwelling unit shall be registered with the residential rental dwelling unit inspection and maintenance program.

85. Occupancy.

Subsections 24.16.150.5.a through 24.16.150.5.d (formerly 24.16.150.8.a through 24.16.150.8.d) remain unchanged.

Section 16. Section 21.16.160 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Zoning Incentives is hereby amended to read as follows:

24.16.160 ZONING INCENTIVES.

The following incentives are to encourage construction of accessory dwelling units:

1. Affordability Requirements for Fee Waivers. In addition to any inclusionary housing requirements as set forth under Section 24.16.010 et seq., aAccessory dwelling units proposed to be rented at affordable rents, as established by the city, may have development fees waived per Part 4 of this chapter. Existing dwelling units shall be relieved of the affordability requirement upon payment of fees in the amount previously waived plus the difference between that amount and the fees in effect at the time of repayment.

Subsections 24.16.160.2 and 24.16.160.3 remain unchanged.

30.36 Section 17. If any section or portion of this emergency 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 18. Amendments to Sections 24.08.810a, 24.08.2140, 24.08.2200, 24.10.632, and

PASSED FOR ADOPTION as an emergency ordinance this 10th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

30.37 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTER 24.08 – LAND USE PERMITS AND FINDINGS, CHAPTER

24.10 – LAND USE DISTRICTS, SECTION 24.12.240 – NUMBER OF PARKING SPACES REQUIRED, AND SECTION 24.12.250 – BIKE PARKING REQUIREMENTS TO

MAINTAIN CONSISTENCY WITH STATE REGULATIONS FOR ACCESSORY DWELLING UNITS. AMENDMENTS TO CHAPTER 24.08, CHAPTER 24.10, AND SECTIONS 24.12.240 AND 24.12.250 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. (CEQA: EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15183 AS A PROJECT CONSISTENT WITH THE GENERAL PLAN FOR WHICH AN EIR WAS CERTIFIED.)
WHEREAS, accessory dwelling units contribute needed housing to the community’s housing stock and provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security; and WHEREAS, on September 19, 2024, SB 1211 (Skinner) was signed into law, making changes to requirements for parking associated with accessory dwelling unit development, increasing the number of statewide exemption accessory dwelling units allowed on sites with multi-family buildings, and limiting the standards that can be applied to statewide exemption accessory dwelling units; and
WHEREAS, amendments to municipal code requirements related to accessory dwelling units are needed to maintain consistency with state law; and WHEREAS, at its November 7, 2024 meeting, the Santa Cruz Planning Commission cancelled the meeting due to lack of a quorum and rescheduled review of the proposed amendments to the meeting of November 21, 2024; and
WHEREAS, at its November 21, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed additions and modifications to the Santa Cruz Municipal Code and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan; and
WHEREAS, at its November 21, 2024 meeting, the Santa Cruz Planning Commission considered the modifications to the Santa Cruz Municipal Code as modifications to the Local Coastal Program and found that (1) the proposed amendment is deemed to be in the public interest; (2) the proposed General Plan and/or Local Coastal Program amendment is consistent and compatible with the rest of the General Plan and LCP and any implementation programs that may be affected; (3) the potential impacts of the proposed amendment have been assessed and have

30.38 ORDINANCE NO.
been determined not to be detrimental to the public health, safety, or welfare; and (4) the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and WHEREAS, at its November 21, 2024 meeting, the Santa Cruz Planning Commission passed a motion that recommended the City Council approve the proposed amendments as well as any additional changes needed to comply with state ADU law; and WHEREAS, the proposed amendments to the Santa Cruz Municipal Code fall 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.

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

Section 1. Section 24.08.810a of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies In the Coastal Zone) is hereby amended to read as follows:

24.08.810a PROCEDURE.

Section 2. Section 24.08.2140 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Exemptions from Watercourse Development Permit is hereby amended to read as follows:

24.08.2140 EXEMPTIONS.

Certain types of projects that clearly would not impact riparian resources and support the goals of the City-Wide Creeks and Wetlands Management Plan are exempted from the watercourse development permit requirements (in the coastal zone, the following list of projects are exempt only if the criteria of Section 24.08.230.1 regarding coastal permit exemptions are met). Such projects should incorporate applicable best management practices in the project design. In situations where it is unclear whether a project is eligible for an exemption under this section, the determination would be made by the zoning administrator in accordance with the goals of the City30.39 ORDINANCE NO.

Wide Creeks and Wetlands Management Plan. The following projects are eligible for an exemption:

1. Development and structural improvements to include the following:
a. Any development on parcels that have been identified within a Category “C” watercourse in the City-Wide Creeks and Wetlands Management Plan. b. Development projects within a Category “B” watercourse located outside of the designated riparian corridor and development setback area (in the remaining management area).
c. Any development adjacent to a closed culverted section of a watercourse. d. Any development on a parcel that either:
i. Has an established road right-of-way between the subject parcel and the watercourse (where the development would occur); or
ii. Has a separate parcel with legal development that is located between the subject parcel and the watercourse (where the development would occur). e. Interior remodeling of an existing legal structure within the existing structure footprint. f. Repair and maintenance of existing legal structures. g. Demolition of existing structures outside the riparian corridor, in accordance with city demolition regulations; provided, that no mechanized machinery is utilized and no disturbance occurs within the riparian corridor.
h. Reconstruction of a damaged nonconforming structure where nonconformance only relates to watercourse setbacks, provided applicable watercourse development standards are implemented.

2. Exterior improvements, to include the following:
a. Exterior treatments such as painting, roofing, surface treatments, window replacement, etc., that do not increase the density or intensity of land use, or increase surface coverage.
b. Exterior safety lighting in the development setback area such as low-level walkway lighting, motion detector security lighting, driveway lighting, and entry lighting that is hooded and directed downward, away from the watercourse. Lighting shall be prohibited within the designated riparian corridor.
c. Open-style fencing (e.g., wire strand or split rail) that permits the free passage of wildlife limited to the outer edge of the riparian corridor. Fencing must otherwise meet the regulations in Section 24.12.160.
d. Installation of pervious surfaces (outside of the riparian corridor), including at-grade decks, patios, and walkways, when the total square footage is less than twenty-five percent of the development setback area; provided, that the pervious surfaces meet those requirements specified in the Watercourse Development Standards. The total percentage allowed includes both existing and new surfaces.

3. Landscaping and vegetation, to include the following:
a. Landscaping with non-native vegetation using noninvasive species, within the development setback area, as recommended in the City-Wide Creeks and Wetlands Management Plan.
b. Minor vegetation removal as defined in Section 24.08.2110, except for mature eucalyptus trees in known monarch butterfly habitat areas. c. Thinning of riparian vegetation within a flood or high fire hazard area, except for mature eucalyptus trees in known monarch butterfly habitat areas, when required by

30.40 ORDINANCE NO.
the fire department for public safety with review and approval of a fire-vegetation management plan or when required by the public works department for flood protection maintenance with review and approval of a maintenance plan. d. Removal of tree(s) that are hazardous or likely to have an adverse effect upon the structural integrity of a building, utility, or public right-of-way, or a tree that has the physical condition of health such as disease or infestation which warrants alteration or removal, in accordance with Chapter 9.56 of this code and with a plan prepared by a qualified professional.
e. Removal of impervious surfaces outside of the riparian corridor. f. Mowing and grazing on public lands (outside of the riparian corridor in the Coastal Zone), consistent with an adopted parks or fire management plan.

4. Roads, public facilities and utilities, to include the following:
a. Road maintenance of existing legal public roads, private roads and driveways (no expansion or improvements).
b. Construction of public trails and bridges on public lands, consistent with an adopted parks master plan or management plan, including the location and siting of trails and bridges.
c. Installation and improvements to non-structural BMPs within the development setback area.
d. Repair, maintenance, or minor alteration of existing public utility, drainage, flood control, and water storage and provision facilities, including pumps and other appurtenant structures where there is no or negligible expansion of use.

5. Other projects, to include the following:
a. Projects that concurrently are reviewed and approved by another authorizing permitting agency (CDFG, NOAA, USFWS or ACOE) for maintenance, flood protection, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment, provided proof of permit approval is submitted to the planning director.
b. Removal of fish passage barriers and installation of in-stream aquatic habitat enhancement structures, in accordance with a plan for said activities prepared by a qualified professional and approved by the planning director. c. Interpretative signage designed to provide information about the value and protection of the resource that is limited to the outer edge of the riparian corridor, and must meet other city sign regulations.
d. Installation of new and maintenance of existing water flow gauges. e. Water quality testing.
f. Continued operation and maintenance of existing cemetery plots.

30.41 ORDINANCE NO.

Section 3. Section 24.08.2200 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Purpose of Watercourse Variance is hereby amended to read as follows:

24.08.2200 PURPOSE.

The purpose of this part is to allow variation from the watercourse setbacks or development standards as outlined in Sections 24.08.2130 and 24.08.2180. A watercourse variance shall not be required for a statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16, to vary from a watercourse setback; however, a statewide exemption accessory dwelling unit that requires approval of a coastal permit shall otherwise conform with all other goals, policies, and objectives of City-Wide Creeks and Wetlands Management Plan.

Section 4. Section 24.10.210 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-S Residential Suburban District is hereby amended to read as follows:

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

4. Small and large family daycare homes in residential units.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.230.
d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

30.42 ORDINANCE NO.

8. Supportive and transitional housing in single-family dwellings.

9. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

Section 5. Section 24.10.310 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-1Single Family Residence District is hereby amended to read as follows:

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster homes (six or fewer persons).

3. Small and large family daycare homes in residential units.

4. Community garden.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.330.

6. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

7. Supportive and transitional housing in single-family dwellings.

8. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

Section 6. Section 24.10.410 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-L Multiple Residence – Low-Density District is hereby amended to read as follows:

24.10.410 PRINCIPAL PERMITTED USES.

30.43 ORDINANCE NO.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (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.)

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities including daycare (except family daycare homes), retirement homes and foster homes (six or fewer).

3. Small and large family daycare homes in residential units.

4. Two-family dwellings, subject to the density requirements in the General Plan.

5. Community garden.

6. Single-family dwellings, subject to the density requirements in the General Plan.

7. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
b. Park and recreational facilities.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.430.

8. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

9. Supportive and transitional housing.

10. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

30.44 ORDINANCE NO.

Section 7. Section 24.10.510 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-M Multiple Residence – Medium-Density District is hereby amended to read as follows:

24.10.510 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

3. Community garden.

4. Small and large family daycare homes in residential units.

5. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section 24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.530.

6. Supportive and transitional housing.

7. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

30.45 ORDINANCE NO.

8. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 8. Section 24.10.565 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-H Multiple Residence – High-Density District is hereby amended to read as follows:

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and 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.) Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Small community care residential facilities including daycare (except family daycare homes), foster homes, and retirement homes, with six or fewer persons. (800A)

3. Small and large family daycare homes in residential units.

4. Supportive and transitional housing.

5. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

6. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 9. Section 24.10.603 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-T(A) Subdistrict A – Medium-Density Residential is hereby amended to read as follows:

24.10.603 PRINCIPAL PERMITTED USES.

30.46 ORDINANCE NO.

1. The following uses may be subject to approval of a design permit per Section 24.08.410 and 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. Duplexes. (810)
b. Small and large family daycare homes in residential units. c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums. (830)

2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

3. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 10. Section 24.10.611 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-T(B) Subdistrict B – Motel Residential is hereby amended to read as follows:

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

2. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

4. Single-family and duplex dwellings (800, 810).

5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

30.47 ORDINANCE NO.

Section 11. Section 24.10.619 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-T(C) Subdistrict C – Beach Commercial is hereby amended to read as follows:

24.10.619 PRINCIPAL PERMITTED USES.

1. The following uses are allowed, subject to a design permit for new construction per Section 24.08.410 and 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):

Uses for Active Frontage.
a. Food and beverage stores (except liquor stores) (240); b. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280); Residential Uses.
c. Flexible density unit (FDU) housing as part of a mixed-use project; d. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the R-T(A) District regulations (830);
e. Multiple dwellings, townhouse dwelling groups and condominiums when ground-floor units are designed as live-work units consistent with Section 24.12.185(13) and subject to the RT(A) District regulations (830); f. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820); g. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
h. Single-room occupancy (SRO) housing (860);
i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);
j. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required.

30.48 ORDINANCE NO.
k. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit. l. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Commercial Uses.
k. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);
l. Off-site parking fewer than five spaces (930);
m. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.620.

Section 12. Section 24.10.627 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-T(D) Subdistrict D – Beach Residential is hereby amended to read as follows:

24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per Section 24.08.410, Conservation Overlay District (Section 24.10.4000) and 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. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more (830, 840);
b. Single-family and duplexes (800, 810);
c. Storage and equipment structures, if ancillary to principal residential use; d. Small and large family daycare homes in residential units;

30.49 ORDINANCE NO.
e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; g. Supportive and transitional housing in single-family home or duplex. h. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 13. Section 24.10.632 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-T(D) Subdistrict D – Beach Residential Zoning District is hereby amended to read as follows:

24.10.632 DISTRICT REGULATIONS.

1. General.

Dwelling Unit Type
Provision 1-
Family
Detached
Duplex Triplex 4 or
More Units
Other
Uses
a. Height of
buildings
• Principal
(feet)
22 22 22 30 30
• Accessory
(stories and feet)
1 and
15 1 and
15 1 and
15 1 and
15 1 and
15 b. Minimum
lot area (net)
(square feet)
3,000 3,600 7,200 8,000 8,000
c. Minimum
lot area (net) per
dwelling unit
(square feet)
– 1,800 1,600 1,600 –
d. Minimum
lot width (feet)
40 40 80 80 80
e. Usable
open space per
– 400 400 400 –

30.50 ORDINANCE NO.

Dwelling Unit Type
Provision 1-
Family
Detached
Duplex Triplex 4 or
More Units
Other
Uses
dwelling unit
(square feet)
Dwelling Units
First
Story
Second
Story
Other
Uses
f. Front yard (feet) 5* 10* 10*
g. Rear yard (feet) 10 15 15
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

2. Minimum Distance Between Buildings on the Same Lot. Between main buildings, including accessory dwelling units, six feet or one foot of setback for each two feet of height of the tallest building, or portions thereof, whichever is greater; between main buildings and onestory accessory buildings, six feet; between accessory buildings, six feet.

3. Other Requirements/Standards.
a. Design. All development, except accessory dwelling units, is subject to a design permit and must be in compliance with adopted design guidelines. Other regulations which may be applicable to site design in this zone are set forth in general site design standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan.
a.1. New buildings shall employ California Bungalow or Victorian architectural style as a basis for design.
a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.
a.3. Buildings shall be wood frame construction with horizontal wood siding.

30.51 ORDINANCE NO.
a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style. a.5. Roof materials shall be composition or wood shingle. b. Parking. All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-of-way, and meet the requirements of Section 24.12.240, in addition to the following requirements:
b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.
b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet. b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.
b.4. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:
• At least fifty percent of new units are two bedrooms or more; • For units which meet the city’s definition of “affordable”; and • If development is deemed compatible with surrounding neighborhood. c. Siting. All development shall be sited to create a harmonious street edge, and to blend into rather than dominate the street.
c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement. d. Height. Multiple-story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques. d.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet,

30.52 ORDINANCE NO.
• Second-story elements of buildings must be set back ten feet. e. Landscaping, in compliance with the design standards, is required. Landscaping shall be maintained in an attractive condition.
e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.
e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.
e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.
e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.

4. All new development adjacent to a “CON – Neighborhood Conservation District” Overlay Zone shall comply with Section 24.10.4060, standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

Section 14. Section 24.10.636 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-T(E) Subdistrict E – Beach Medium/High Density Residential is hereby amended to read as follows:

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require a design permit per Section

24.08.410 as well as other requirements of the municipal code:
a. Duplex dwellings.
b. Multiple dwellings, townhouse dwelling groups and condominiums. c. Small and large family daycare homes in residential units. d. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures. e. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; f. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

30.53 ORDINANCE NO.

Section 15. Section 24.10.1210 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the P-A Professional and Administrative Office District is hereby amended to read as follows:

24.10.1210 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright if a design permit is obtained for new structures (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):

Uses for Active Frontage.
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
c. Professional offices (400);
d. Professional/personal services (except contractors’ yards and mortuaries) (310); e. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); f. Museums and art galleries (600);
Residential Uses.
g. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit;
h. Duplexes together with an allowed commercial use (820); i. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.
j. Multiple dwellings and condominiums, together with an allowed commercial use and subject to minimum land area requirements of R-M District (830); k. One to two units above ground floor office use with no additional parking required (810); l. Small and large family daycare homes in residential units;

30.54 ORDINANCE NO.

Commercial Uses.
m. Off-site parking fewer than five spaces (930);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter

24.12 requiring no public hearing.

Section 16. Section 24.12.240 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

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

Use Spaces Required
Automobile or machinery sales and service
garages
1 for each 400 square feet
of floor area
Banks without automatic teller machines 1 for each 400 square feet of floor area
Banks with automatic teller machines 1 for each 400 square feet of floor area; plus 1.5 for each
machine
Business and professional offices, excluding
medical and dental offices
1 for each 300 square feet
of floor area
Billiard parlors 1.5 for each table
Community care residential facilities, including,
but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential treatment facilities
1 for every 5 guests, plus
1 for each employee on the shift
with the maximum number of
personnel
Houses of worship 1 for each 3.5 seats in the
sanctuary
Dance halls and assembly halls without fixed
seats, exhibition halls, except assembly rooms in
conjunction with auditoriums
1 for each 3 persons of
design occupancy load
Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or
manager
Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
provided in all assembly rooms

30.55 ORDINANCE NO.

Use Spaces Required
Furniture and appliance stores, household
equipment
1 for each 800 square feet
of sales floor area
Hospitals 1 for each bed, plus 1 for
each employee on the shift with
the maximum number of
personnel
Hotels, motels 1 for each unit intended
for separate occupancy, plus 1 for
the resident owner or manager
Manufacturing plants, bottling plants, processing
plants, packaging plants, furniture repair
1 for each 500 square feet
of floor area
Medical and dental clinics and offices 1 for each 200 square feet of floor area
Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift
with the maximum number of
personnel
Physical fitness facilities
Physical fitness facilities with more than 15,000
square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces. 1 space for each 250
square feet of floor area
Physical therapy 1 space per 200 square
feet of floor area. In addition, 1
space per 50 square feet of pool
(water) area
Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat, duplex,
triplex, multiple mobilehomes,
community housing projects,
other multifamily dwelling units

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

30.56 ORDINANCE NO.

Lodging, rooming houses
and bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls,
dormitories

0.75 space for each guest or occupant
Senior housing
development
1 for each 3 dwelling units or rooms intended for
separate occupancy, plus an area of land equal to the
required off-street parking for multifamily units, not
including required open space, which could be converted to parking should the retirement center change to a
multifamily residential use
Flexible density unit
(FDU)
1 space for each dwelling unit
Single-room occupancy
dwelling unit, less than 300
square feet

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

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

On parcels located inside the Coastal Zone and
within the designated areas shown in the LCP Figure
“ADU Parking Required” (which follows this table), at
least 1 off-street parking space shall be required for each ADU, and all off-street parking requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are
removed to accommodate an ADU.

30.57 ORDINANCE NO.
replaced. If other parking areas on a site (e.g., a driveway or other nonstructural parking area) are removed to
provide for an ADU, off-street replacement parking spaces shall be required for the primary (non-ADU) residential use.

Junior accessory dwelling
units
0 parking spaces are required for each junior
accessory dwelling unit. All off-street parking
requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are removed to accommodate a junior
accessory dwelling unit.

Use Spaces Required
Restaurants and other
establishments selling food and
beverages on the premises (including
bars and nightclubs without live
entertainment)
1 for each 120 square feet of floor area
Restaurants with counter
and/or take-out service or drive-in
facilities
1 for each 120 square feet of floor area, plus 1
for each 50 square feet of floor area devoted to
counter/take-out service
Research and development
facilities
1 for each 325 square feet of floor area, or 1 for
every 2 employees (maximum shift), whichever is
greater
Retail stores, shops, service
establishments, including shopping
centers other than furniture and
appliance stores
1 for each 250 square feet of floor area
Schools:
• Elementary and junior high 1 for each employee
• High schools 1 for each employee, plus 1 for each 10
students
Colleges (business, beauty,
etc.) and universities
1 for each employee, plus 1 for each 3 students
Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
Sports arenas, auditoriums,
assembly halls, and meeting rooms
1 for each 3.5 seats of maximum seating
capacity

30.58 ORDINANCE NO.

Use Spaces Required
Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
Tutoring facilities 1 for each 250 square feet of floor area Wholesale establishments,
warehouses, service and
maintenance center, communications
equipment buildings
1 for each 1,000 square feet of floor area
Recycling collection
facilities
• Independent 2 spaces
• In conjunction with other
uses that provide required parking
0 spaces
Unspecified uses of
buildings, structures, or premises
Where the parking requirement for a particular
use is not specifically established in this section, the parking requirements for each use shall be determined
by the zoning administrator, and such determination
shall be based upon the requirements for similar uses.

Public uses not specifically established in this section shall meet the parking requirement as established by
the planning commission. The planning commission
shall take into account the proposed use and parking
availability in the vicinity of the use.

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

30.59 ORDINANCE NO.

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

3. Unbundled Parking. All residential development has the option to rent or sell off-street parking spaces separately from the rental or purchase of dwelling units for the life of the dwelling units, such that potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s). Unbundled parking will qualify for a reduced parking requirement when executed in conformance with the requirements of Section 24.12.290(3)(e).

4. The following exceptions may be granted for specific types of residential projects:
a. Exceptions to parking requirements may be granted to publicly subsidized housing units, affordable housing projects, and projects for special needs or senior tenants where such requirements are in conflict with state or federal regulations or funding policies. b. SRO parking requirements may be reduced by one-quarter space for each dwelling unit if the project is either located:

30.60 ORDINANCE NO.
(1) Within one-quarter mile or one thousand three hundred twenty feet of an alternative parking facility and spaces are available and can be committed to residents; or (2) Within one-quarter mile or one thousand three hundred twenty feet of access to public transportation such as a bus stop.
c. Parking requirements for mixed-use developments in the I-G District, as permitted under Section 24.10.1510(2)(k)(3), may be reduced by a maximum of four-tenths space for each dwelling unit as a part of an on-site shared parking plan. d. In addition to the allowances afforded through accessory dwelling unit regulations in Part 2 of Chapter 24.16, existing covered parking may be converted into additional units if all the requirements for the underlying zoning district can be met and replacement parking can be provided that meets the other parking requirements herein.

5. No more than forty percent of the front setback of a residential property developed with up to four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking. No portion of the front setback of a residential property developed with more than four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking (See also Section 24.12.185(6)). No more than fifty percent of the front setback of a residential property may be paved or covered with any impervious surface.

Section 17. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

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

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

Example
Number of
Bicycle Parking
Spaces Required
Classification
Class 1 = Long-Term
Class 2 = Short-Term
Industrial Warehousing,
manufacturing
1 per 7,500
square feet,
minimum 2
spaces
80% Class 1
20% Class 2

30.61 ORDINANCE NO.

Example
Number of
Bicycle Parking
Spaces Required
Classification
Class 1 = Long-Term
Class 2 = Short-Term
Office and financial
institutions
General office, medical,
clinic, research and
development, banks
1 per 1,500
square feet,
minimum 2
spaces
20% Class 1
80% Class 2
Retail/service or
other commercial
Grocery store, hardware
store, personal services,
handicraft
1 per 1,000
square feet,
minimum 2
spaces
20% Class 1
80% Class 2
Restaurant/bar Restaurant, deli, coffee
shop, bar/tasting rooms
1 per 500 square
feet, minimum 2
spaces
20% Class 1
80% Class 2
Multifamily
residential
(3 or more units)
Housing developments
with 3 or more units
See classification
column
Class 1 – 1 space per unit –
garages or secure
accessible indoor areas
count
Class 2 – 1 space per 4
units, minimum 2 spaces
Commercial
recreation
Sports arenas, theaters See classification
column
Class 1 – 1 per 10,000
square feet
Class 2 – 1 per 40 seats,
minimum 10
Civic uses (civic,
cultural, public, and
religious assembly)
Library or museum,
places of public or
religious assembly
1 per 1,000
square feet
10% Class 1
90% Class 2
Schools 1 per 5 students 20% Class 1
80% Class 2*
*Must be in secure area
such as bike cage or within
gated school grounds,
preferably with weather
protection such as roof
Park-and-ride lots 1 per 10 auto
parking spaces,
minimum 2
spaces
100% Class 1
Transit centers See classification
column
30 Class 1 spaces
12 Class 2 spaces

30.62 ORDINANCE NO.

Example
Number of
Bicycle Parking
Spaces Required
Classification
Class 1 = Long-Term
Class 2 = Short-Term
Lodging Hotel, motel 1 per 5
rooms/units
10% Class 1
90% Class 2
Commercial
parking
1 per 10 auto
parking spaces
100% Class 1
Parking District No.
1 – Residential uses
Multifamily housing See classification
column
1 Class 1 bicycle parking
space per unit
1 Class 2 bicycle parking
space per 15 units
Parking District No.
1 – Nonresidential
uses
Any nonresidential uses
in district
1 per 1,000
square feet
25% Class 1
75% Class 2
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.

Emergency shelters See Section 24.12.1610 1 per 3 occupants 25% Class 1 75% Class 2
The Class 2 spaces shall be
publicly accessible, and the
style shall be inverted U.

3. For projects requiring twenty or more bike parking spaces, a bike fix-it station is required. A fix-it station shall include at a minimum a bicycle pump; 2.5, 3, 4, 5, 6, and 8 mm Allen wrenches; 8, 9, 10, 11, 15, and 32 mm box wrenches; two tire levers; and a Phillips and flat head screwdriver.

For projects requiring twenty or more bicycle parking spaces, a minimum of five percent of required bicycle parking spaces must have a larger footprint of three feet by ten feet, which must be provided in a horizontal, floor level rack. These spaces will be available for larger bicycles such as e-bikes, cargo bikes, bikes with trailers, and other larger bicycles.

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

5. Location and Design of Facilities.
a. Bicycle parking shall be located in well-lit locations within forty feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each.

30.63 ORDINANCE NO.
b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components. c. Bicycle parking facilities shall be located in highly visible, well-lit areas to minimize theft and vandalism.
d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture. f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility. g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.
h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
i. Any bicycle parking provided in double-decker bicycle racks shall have a lift-assist mechanism to aid the user in parking their bicycle on the upper rack. j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, thirty percent of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in subsection (4)(b) at ground level.
k. If required Class 2 bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.

6. Variation to Requirements.
a. Substitution of Car Parking With Bike Parking. New and preexisting developments may reduce up to ten percent of their parking requirement with the provision of unrequired additional bike parking, as long as the spaces are conveniently located within forty feet of a building entrance. This parking reduction must yield at least six bike parking spaces per converted auto space. These bike parking spaces shall be in addition to the bike parking facilities required by this section, and provided in the same ratio of Class 1 and Class 2. The total available parking reduction granted shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete planning application is submitted.
b. Where the provision of bike parking is not feasible, the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards.
c. Downtown Parking District – All Nonresidential Uses. Businesses and developments within Parking District No. 1 are not required to provide Class 2 bicycle parking on site if adequate on-site space is not available, as determined by the planning director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the director of public works.

30.64 ORDINANCE NO.

Section 18. 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 CEQA is required.

Section 19. 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 20. 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 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

30.65 ORDINANCE NO.

This is to certify that the above
and foregoing document is the
original of Ordinance No. 202X-XX
and that it has been published or
posted in accordance with the
Charter of the City of Santa Cruz.
___________________________
City Clerk Administrator

30.66 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE CHAPTER 24.08 – LAND USE PERMITS AND FINDINGS, CHAPTER

24.10 – LAND USE DISTRICTS, SECTION 24.12.240 – NUMBER OF PARKING SPACES REQUIRED, AND SECTION 24.12.250 – BIKE PARKING REQUIREMENTS TO

MAINTAIN CONSISTENCY WITH STATE REGULATIONS FOR ACCESSORY DWELLING UNITS. AMENDMENTS TO CHAPTER 24.08, CHAPTER 24.10, AND SECTIONS 24.12.240 AND 24.12.250 ARE PART OF THE LOCAL COASTAL PROGRAM

IMPLEMENTATION PLAN (LCP IP) AND WILL REQUIRE APPROVAL BY THE

30.67 ORDINANCE NO.
been determined not to be detrimental to the public health, safety, or welfare; and (4) the proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and WHEREAS, at its November 21, 2024 meeting, the Santa Cruz Planning Commission passed a motion that recommended the City Council approve the proposed amendments as well as any additional changes needed to comply with state ADU law; and WHEREAS, the proposed amendments to the Santa Cruz Municipal Code fall 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.

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

Section 1. Section 24.08.810a of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies In the Coastal Zone) is hereby amended to read as follows:

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030a, except for statewide exemption accessory dwelling units as defined in Part 2 of Chapter 24.16, must apply for a slope modification permit except for approval of a statewide exemption accessory dwelling unit that waives the distance from slope standard pursuant to Section 24.16.141.11. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty percent slope and is consistent with the findings in Section

Section 2. Section 24.08.2140 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Exemptions from Watercourse Development Permit is hereby amended to read as follows:

24.08.2140 EXEMPTIONS.

30.68 ORDINANCE NO.
situations where it is unclear whether a project is eligible for an exemption under this section, the determination would be made by the zoning administrator in accordance with the goals of the CityWide Creeks and Wetlands Management Plan. The following projects are eligible for an exemption:

30.69 ORDINANCE NO.
c. Thinning of riparian vegetation within a flood or high fire hazard area, except for mature eucalyptus trees in known monarch butterfly habitat areas, when required by the fire department for public safety with review and approval of a fire-vegetation management plan or when required by the public works department for flood protection maintenance with review and approval of a maintenance plan. d. Removal of tree(s) that are hazardous or likely to have an adverse effect upon the structural integrity of a building, utility, or public right-of-way, or a tree that has the physical condition of health such as disease or infestation which warrants alteration or removal, in accordance with Chapter 9.56 of this code and with a plan prepared by a qualified professional.
e. Removal of impervious surfaces outside of the riparian corridor. f. Mowing and grazing on public lands (outside of the riparian corridor in the Coastal Zone), consistent with an adopted parks or fire management plan.

6. A statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16Section

24.16.125.9, that is approved with a waiver of the required distance from a watercourse or wetland as described in Section 24.16.141.11. Despite the statement in section 24.08.2140 that exemptions do not apply to projects that are not exempt from coastal permit requirements, in the coastal zone, this exemption applies even if the statewide exemption accessory dwelling unit requires approval of a coastal permit; however, in this case, the statewide exemption

30.70 ORDINANCE NO.
accessory dwelling unit shall be consistent with the development standards of the Citywide Creeks and Wetlands Management Plan to the extent that it shall not be required to be moved.

Section 3. Section 24.08.2200 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Purpose of Watercourse Variance is hereby amended to read as follows:

24.08.2200 PURPOSE.

The purpose of this part is to allow variation from the watercourse setbacks or development standards as outlined in Sections 24.08.2130 and 24.08.2180. A watercourse variance shall not be required for a statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16, to vary from a watercourse setback; however, a statewide exemption accessory dwelling unit that requires approval of a coastal permit shall otherwise conform with all other goals, policies, and objectives of City-Wide Creeks and Wetlands Management Plan.approved with a waiver of a watercourse setback pursuant to Section 24.16.141.11.

Section 4. Section 24.10.210 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-S Residential Suburban District is hereby amended to read as follows:

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster home (six or fewer persons).

3. Crop and tree farming and grazing lands.

4. Small and large family daycare homes in residential units.

5. Community garden.

30.71 ORDINANCE NO.
d. Living quarters for persons regularly employed on the premises, when located within principal building.

7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

8. Supportive and transitional housing in single-family dwellings.

9. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

Section 5. Section 24.10.310 of Chapter 24.10 of the Santa Cruz Municipal Code regarding Principal Permitted Uses for the R-1Single Family Residence District is hereby amended to read as follows:

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities including daycare (except family daycare homes) and foster homes (six or fewer persons).

3. Small and large family daycare homes in residential units.

4. Community garden.

6. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

7. Supportive and transitional housing in single-family dwellings.

8. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

30.72 ORDINANCE NO.

24.10.410 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities including daycare (except family daycare homes), retirement homes and foster homes (six or fewer).

3. Small and large family daycare homes in residential units.

4. Two-family dwellings, subject to the density requirements in the General Plan.

5. Community garden.

6. Single-family dwellings, subject to the density requirements in the General Plan.

8. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

30.73 ORDINANCE NO.

9. Supportive and transitional housing.

24.10.510 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons).

3. Community garden.

4. Small and large family daycare homes in residential units.

30.74 ORDINANCE NO.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.530.

6. Supportive and transitional housing.

24.10.565 PRINCIPAL PERMITTED USES.

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Small community care residential facilities including daycare (except family daycare homes), foster homes, and retirement homes, with six or fewer persons. (800A)

3. Small and large family daycare homes in residential units.

4. Supportive and transitional housing.

6. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to

30.75 ORDINANCE NO.
the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

24.10.603 PRINCIPAL PERMITTED USES.

2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

Section 10. Section 24.10.611 of Chapter 24.10 of the Santa Cruz Municipal Code regarding District Regulations for the R-T(B) Subdistrict B – Motel Residential is hereby amended to read as follows:

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

2. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

30.76 ORDINANCE NO.

4. Single-family and duplex dwellings (800, 810).

5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

24.10.619 PRINCIPAL PERMITTED USES.

30.77 ORDINANCE NO.
h. Single-room occupancy (SRO) housing (860);
i. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);
j. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required. k. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit. l. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.620.

24.10.627 PRINCIPAL PERMITTED USES.

30.78 ORDINANCE NO.
b. Single-family and duplexes (800, 810);
c. Storage and equipment structures, if ancillary to principal residential use; d. Small and large family daycare homes in residential units; e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; g. Supportive and transitional housing in single-family home or duplex. h. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

24.10.632 DISTRICT REGULATIONS.

1. General.

30.79 ORDINANCE NO.

Dwelling Unit Type
Provision 1-
Family
Detached
Duplex Triplex 4 or
More Units
Other
Uses
dwelling unit
(square feet)
d. Minimum
lot width (feet)
40 40 80 80 80
e. Usable
open space per
dwelling unit
(square feet)
– 400 400 400 –
Dwelling Units
First
Story
Second
Story
Other
Uses
f. Front yard (feet) 5* 10* 10*
g. Rear yard (feet) 10 15 15
h. Side yard each side (feet) 4 4 4
or: one side (feet) 0 0 0
Total both sides (feet) 10 10 10
i. Exterior side yard (feet) 5* 5* 5*
* For any attached or detached garage or carport fronting on a front or exterior side property line, the setback shall be twenty feet from said property line.

30.80 ORDINANCE NO.
a.2. Buildings shall be similar in scale and form to existing structures and shall incorporate vernacular characteristics, such as pitched gabled roofs, proportionally large overhangs, exposed roof beams and rafter tails, vertically oriented multi-paned windows and front porches.
a.3. Buildings shall be wood frame construction with horizontal wood siding. a.4. Roof forms shall be typical of the Beach Flats with appropriate steeper pitches for Victorians and lesser pitches for California Bungalow style. a.5. Roof materials shall be composition or wood shingle. b. Parking. All parking shall be located within the rear or at the rear of main structures, if possible. Private multi-residential parking lots shall be screened from the public right-of-way, and meet the requirements of Section 24.12.240, in addition to the following requirements:
b.1. All garages and entrances to parking areas shall be set back at least five feet from the adjacent front building setback.
b.2. On lots of forty feet or less in width of street frontage, parking access is limited to a maximum of twelve feet of width. On lots of forty feet to sixty-five feet in width, parking access is limited to a maximum of sixteen feet of width; and on lots with greater than sixty-five feet in street frontage, parking access is limited to a maximum of twenty feet. b.3. Driveways shall be minimized in order to maximize land use efficiency and the provision of landscaping and open space.
b.4. City parking standard requirements may be reduced in the following manner: one parking space for a one bedroom unit; for two or more bedrooms, the parking requirement may be reduced fifty percent if the following provisions are met:
• At least fifty percent of new units are two bedrooms or more; • For units which meet the city’s definition of “affordable”; and • If development is deemed compatible with surrounding neighborhood. c. Siting. All development shall be sited to create a harmonious street edge, and to blend into rather than dominate the street.
c.1. Entries to individual units and groupings of units shall be located on the ground floor facing the street. These entries shall incorporate architectural and landscaping elements such as porches and arbors that visually reinforce the presence of entries. c.2. Architectural elements, such as towers, balconies, stairs, decorative elements, etc., may be allowed to project up to fifty percent of the front yard setback requirement.

30.81 ORDINANCE NO.
d. Height. Multiple-story developments shall minimize scale through upper story setbacks, individual building elements, and other similar design techniques. d.1. The height of buildings shall be minimized at the street, in the following manner:
• One-story elements of buildings (including porches) must be set back five feet, • Second-story elements of buildings must be set back ten feet. e. Landscaping, in compliance with the design standards, is required. Landscaping shall be maintained in an attractive condition.
e.1. Landscaping shall be designed to enhance the architectural style. All front, rear and side yards shall be fully landscaped except for areas devoted to driveways, patios, walkways or porches.
e.2. Permanent containers for flowering plants are encouraged for use in limited space areas at entries and in courtyards and plazas.
e.3. Vines and climbing plants integrated with building design and used on walls and trellises are encouraged.
e.4. Opaque garden walls are not permitted within the front yard setback to maintain the landscape continuity along the street. Fences limited to three feet in height are permitted as long as the fence is at least sixty percent open.

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require a design permit per Section

30.82 ORDINANCE NO.
f. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

24.10.1210 PRINCIPAL PERMITTED USES.

30.83 ORDINANCE NO.
ij. Multiple dwellings and condominiums, together with an allowed commercial use and subject to minimum land area requirements of R-M District (830); jk. One to two units above ground floor office use with no additional parking required (810); kl. Small and large family daycare homes in residential units; Commercial Uses.
lm. Off-site parking fewer than five spaces (930);
mn. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 16. Section 24.12.240 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

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

30.84 ORDINANCE NO.

Use Spaces Required
Family daycare and foster family homes 1 for every 5 guests, plus 1 for the resident owner or
manager
Funeral homes, mortuaries 1 for each 5 seats of the
aggregate number of seats
provided in all assembly rooms
Furniture and appliance stores, household
equipment
1 for each 800 square feet
of sales floor area
Hospitals 1 for each bed, plus 1 for
each employee on the shift with
the maximum number of
personnel
Hotels, motels 1 for each unit intended
for separate occupancy, plus 1 for
the resident owner or manager
Manufacturing plants, bottling plants, processing
plants, packaging plants, furniture repair
1 for each 500 square feet
of floor area
Medical and dental clinics and offices 1 for each 200 square feet of floor area
Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shift
with the maximum number of
personnel
Physical fitness facilities
Physical fitness facilities with more than 15,000
square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces. 1 space for each 250
square feet of floor area
Physical therapy 1 space per 200 square
feet of floor area. In addition, 1
space per 50 square feet of pool
(water) area
Residential Uses
Number of Bedrooms
Type Efficiency 1 2+
Single-family (including
townhouses), houseboat, duplex,
triplex, multiple mobilehomes,

1.0 1.0 2.0

30.85 ORDINANCE NO.
community housing projects,
other multifamily dwelling units
Community housing
projects, townhouses, and
multifamily projects of 5 units or
more
In addition to meeting above residential parking
requirements, guest parking spaces shall be provided at a rate 10% of the above standards. Fractional spaces will be rounded up to the next whole number.

Lodging, rooming houses
and bed-and-breakfast inns
2 spaces, plus 1 for each bedroom that is rented
Residence halls,
dormitories

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

30.86 ORDINANCE NO.

On parcels located inside the Coastal Zone but not
within the designated areas shown in LCP Figure “ADU
Parking Required” (which follows this table), 0 parking spaces shall be required for each ADU. When a garage,
carport, or covered parking structure is demolished in
conjunction with the construction of an accessory
dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be
replaced. If other parking areas on a site (e.g., a driveway or other nonstructural parking area) are removed to
provide for an ADU, off-street replacement parking spaces shall be required for the primary (non-ADU) residential use.

30.87 ORDINANCE NO.

Use Spaces Required
Self-service laundry and dry
cleaning establishments
1 for each 200 square feet of floor area
Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift
Sports arenas, auditoriums,
assembly halls, and meeting rooms
1 for each 3.5 seats of maximum seating
capacity
Theaters 1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
Tutoring facilities 1 for each 250 square feet of floor area Wholesale establishments,
warehouses, service and
maintenance center, communications
equipment buildings
1 for each 1,000 square feet of floor area
Recycling collection
facilities
• Independent 2 spaces
• In conjunction with other
uses that provide required parking
0 spaces
Unspecified uses of
buildings, structures, or premises
Where the parking requirement for a particular
use is not specifically established in this section, the parking requirements for each use shall be determined
by the zoning administrator, and such determination
shall be based upon the requirements for similar uses.

30.88 ORDINANCE NO.

30.89 ORDINANCE NO.
(1) Within one-quarter mile or one thousand three hundred twenty feet of an alternative parking facility and spaces are available and can be committed to residents; or (2) Within one-quarter mile or one thousand three hundred twenty feet of access to public transportation such as a bus stop.
c. Parking requirements for mixed-use developments in the I-G District, as permitted under Section 24.10.1510(2)(k)(3), may be reduced by a maximum of four-tenths space for each dwelling unit as a part of an on-site shared parking plan. d. In addition to the allowances afforded through accessory dwelling unit regulations in Part 2 of Chapter 24.16, existing covered parking may be converted into additional units if all the requirements for the underlying zoning district can be met and replacement parking can be provided that meets the other parking requirements herein.

Section 17. Section 24.12.250 of Chapter 24.12 of the Santa Cruz Municipal Code regarding Bike Parking Requirements is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

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

30.90 ORDINANCE NO.

Example
Number of
Bicycle Parking
Spaces Required
Classification
Class 1 = Long-Term
Class 2 = Short-Term
Office and financial
institutions
General office, medical,
clinic, research and
development, banks
1 per 1,500
square feet,
minimum 2
spaces
20% Class 1
80% Class 2
Retail/service or
other commercial
Grocery store, hardware
store, personal services,
handicraft
1 per 1,000
square feet,
minimum 2
spaces
20% Class 1
80% Class 2
Restaurant/bar Restaurant, deli, coffee
shop, bar/tasting rooms
1 per 500 square
feet, minimum 2
spaces
20% Class 1
80% Class 2
Multifamily
residential
(3 or more units)
Housing developments
with 3 or more units, plus
any associated accessory
dwelling units
See classification
column
Class 1 – 1 space per unit
– garages or secure
accessible indoor areas
count
Class 2 – 1 space per 4
units, minimum 2 spaces
Commercial
recreation
Sports arenas, theaters See classification
column
Class 1 – 1 per 10,000
square feet
Class 2 – 1 per 40 seats,
minimum 10
Civic uses (civic,
cultural, public, and
religious assembly)
Library or museum, places
of public or religious
assembly
1 per 1,000
square feet
10% Class 1
90% Class 2
Schools 1 per 5 students 20% Class 1
80% Class 2*
*Must be in secure area
such as bike cage or
within gated school
grounds, preferably with
weather protection such
as roof
Park-and-ride lots 1 per 10 auto
parking spaces,
minimum 2
spaces
100% Class 1
Transit centers See classification
column
30 Class 1 spaces
12 Class 2 spaces

30.91 ORDINANCE NO.

Example
Number of
Bicycle Parking
Spaces Required
Classification
Class 1 = Long-Term
Class 2 = Short-Term
Lodging Hotel, motel 1 per 5
rooms/units
10% Class 1
90% Class 2
Commercial
parking
1 per 10 auto
parking spaces
100% Class 1
Parking District No.
1 – Residential uses
Multifamily housing,
including any accessory
dwelling units
See classification
column
1 Class 1 bicycle parking
space per unit
1 Class 2 bicycle parking
space per 15 units
Parking District No.
1 – Nonresidential
uses
Any nonresidential uses in
district
1 per 1,000
square feet
25% Class 1
75% Class 2
The Class 2 spaces shall
be publicly accessible,
and the style shall be
inverted U.

Emergency shelters See Section 24.12.1610 1 per 3 occupants 25% Class 1 75% Class 2
The Class 2 spaces shall
be publicly accessible,
and the style shall be
inverted U.

5. Location and Design of Facilities.

30.92 ORDINANCE NO.
a. Bicycle parking shall be located in well-lit locations within forty feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each. b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components. c. Bicycle parking facilities shall be located in highly visible, well-lit areas to minimize theft and vandalism.
d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture. f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility. g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.
h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
i. Any bicycle parking provided in double-decker bicycle racks shall have a lift-assist mechanism to aid the user in parking their bicycle on the upper rack. j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, thirty percent of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in subsection (4)(b) at ground level.
k. If required Class 2 bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.

30.93 ORDINANCE NO.
permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the director of public works.

PASSED FOR PUBLICATION this 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

30.94 ORDINANCE NO.

30.95 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS: 23.04.050.1 - SUBDIVISION PRINCIPLES – GENERAL,

23.12.030.1 - DIVISION OF LAND – FEWER THAN FIVE PARCELS – MAPS REQUIRED,

23.37.020.1 - PROVISIONS FOR CONVERSIONS OF EXISTING STRUCTURES – VACANCY REQUIREMENTS – EXCEPTIONS, 23.37.050 - PROVISION FOR THE PROTECTION OF TENANTS, 24.08.810 - PROCEDURE FOR SLOPE DEVELOPMENT PERMIT (APPLIES OUTSIDE THE COASTAL ZONE), 24.10.4060 - NEW

CONSTRUCTION ON SITES ABUTTING OVERLAY DISTRICT BOUNDARIES, AND

24.16.020 – BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS; CHAPTER

24.16, PART 2 – ACCESSORY DWELLING UNITS; AND ADDING NEW SECTION

24.16.165 - SEPARATE SALE OF ACCESSORY DWELLING UNITS TO MAINTAIN

CONSISTENCY WITH STATE LAW, REMOVE OWNER OCCUPANCY REQUIREMENTS FOR ACCESSORY DWELLING UNITS CONSTRUCTED PRIOR TO 2020, AND ALLOW FOR THE SEPARATE SALE OF ACCESSORY DWELLING UNITS. (CEQA: EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15183 AS A PROJECT CONSISTENT WITH THE GENERAL PLAN FOR WHICH AN EIR WAS CERTIFIED.)
WHEREAS, accessory dwelling units contribute needed housing to the community’s housing stock and provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others within existing neighborhoods, and homeowners who create accessory dwelling units may benefit from added income and an increased sense of security; and WHEREAS, in 2023, AB 1033 (Ting) was signed into law, allowing local jurisdictions to create an ordinance to allow for the separate sale of accessory dwelling units and their associated primary dwellings as condominiums; and
WHEREAS, On October 22, 2024, City Council directed staff to return with a proposed AB 1033 implementing ordinance; and
WHEREAS, in 2023, existing law provided that the City could impose an owner occupancy requirement on an accessory dwelling unit, provided that the accessory dwelling unit was not permitted between January 1, 2020, and January 1, 2025. In 2023, AB 976 (Ting) was signed into law, removing owner-occupancy requirements for properties with accessory dwelling units for any accessory dwelling unit created in 2025 and in perpetuity thereafter; and WHEREAS, On October 22, 2024, City Council approved an ordinance removing owneroccupancy requirements for accessory dwelling units created in 2025 and beyond and directed staff to return with a proposed ordinance to remove owner-occupancy requirements for accessory dwelling units created prior to January 1, 2020; and
WHEREAS, on September 19, 2024, SB 1211 (Skinner) was signed into law, making changes to requirements for parking associated with accessory dwelling unit development, increasing the number of statewide exemption accessory dwelling units allowed on sites with

30.96 multi-family buildings, and limiting the standards that can be applied to statewide exemption accessory dwelling units; and
WHEREAS, on September 28, 2024, AB 2533 (Carrillo) was signed into law, creating new limits on when a local jurisdiction could deny a permit to legalize an unpermitted accessory dwelling unit and extending those limitations to junior accessory dwelling units; and WHEREAS, amendments to municipal code requirements related to accessory dwelling units are needed to maintain consistency with state law; and WHEREAS, at its November 7, 2024 meeting, the Santa Cruz Planning Commission cancelled the meeting due to lack of a quorum and rescheduled review of the proposed modifications to the meeting of November 21, 2024; and
Whereas, at its November 21, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed additions and modifications to the Santa Cruz Municipal Code and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan; and

WHEREAS, at its November 21, 2024 meeting, the Santa Cruz Planning Commission passed a motion that recommended the City Council approve the proposed amendments; and WHEREAS, the proposed amendments to the Santa Cruz Municipal Code fall 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.

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

Section 1. Section 23.04.050.1 of Chapter 23.04 of the Santa Cruz Municipal Code regarding Subdivision Principles – General is hereby amended to read as follows:

23.04.050.1 SUBDIVISION PRINCIPLES – GENERAL.

The necessity for tentative parcel maps and tentative subdivision maps, parcel maps, and final maps shall be governed by the provisions of the Map Act and this title. A tentative and final map shall be required for all subdivisions creating five or more parcels, including community housing projects, except where expressly excluded by the Map Act. The city council shall have final jurisdiction in the approval of tentative and final subdivision maps. A tentative parcel map and a final parcel map shall be required for all subdivisions referred to herein as minor land divisions, including community housing projects creating four or fewer parcels, except for creation of no more than four condominium parcels for accessory dwelling units and their associated primary

30.97 dwellings pursuant to Section 24.16.165, in which case a tentative parcel map shall not be required, but a parcel map shall be required. The zoning administrator shall have final jurisdiction in the approval of such minor land divisions. A tentative subdivision map and a final map shall be required for all other subdivisions of land or other procedures provided in the Map Act, and the city council shall have final jurisdiction in the approval of such maps. Each subdivision or minor land division shall conform to the standards and principles set forth, or referred to, in this title unless modified for good cause by the city council, the zoning board, or the zoning administrator.

Section 2. Section 23.12.030.1 of Chapter 23.12 of the Santa Cruz Municipal Code regarding Division of Land – Fewer Than Five Parcels – Maps Required is hereby amended to read as follows:

23.12.030.1 DIVISION OF LAND – FEWER THAN FIVE PARCELS – MAPS

REQUIRED
A tentative parcel map and a parcel map shall be required for all divisions of land which create fewer than five parcels, except for:
(a) Divisions of land created by short-term leases (terminable by either party on not more than a thirty-day notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the city engineer, based upon substantial evidence that public policy necessitates such a map, this exception shall not apply;
(b) Lot-line adjustments, provided:
(1) The parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, any applicable coastal plan, zoning and building ordinances; and (2) A greater number of parcels than originally existed are not created by the lot line adjustment.
(c) Creation of no more than four condominium parcels for accessory dwelling units and their associated primary dwellings pursuant to Section 24.16.165, in which case a tentative parcel map shall not be required, but a parcel map shall be required.

The zoning administrator shall review the application for a lot line adjustment and shall not impose conditions or exactions on approval except to conform to the general plan, any applicable specific plan or area plan, any applicable coastal plan, zoning or building ordinances, and except to facilitate the relocation of existing utilities, infrastructure, or easements.

No tentative map, parcel map, or final map shall be required as a condition of approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8792 of the state Business and Professions Code.

30.98 Section 3. Section 23.37.020.1 of Chapter 23.37 of the Santa Cruz Municipal Code regarding Provisions for Conversions of Existing Structures – Vacancy Requirements - Exceptions is hereby amended to read as follows:

23.37.020.1 PROVISIONS FOR CONVERSIONS OF EXISTING STRUCTURES – VACANCY REQUIREMENTS – EXCEPTIONS.
(1) An existing residential structure may be converted to a community housing project and be exempt from Section 23.37.020(a) if the structure is converted and sold to at least sixtyseven percent of the existing tenants. In such cases, proposals containing five or more units shall provide at least twenty percent of the total units for purchase by households of belowaverage income pursuant to Section 24.16.050 of the Zoning Ordinance. (2) An existing residential stock cooperative proposed for conversion to a condominium is exempt from Section 23.37.020.
(3) A building which is listed on the city historic building survey or which is a contributing building located in a city historic district.
(4) Creation of no more than four condominium parcels for existing accessory dwelling units and their associated primary dwellings pursuant to Section 24.16.165.

Section 4. Section 23.37.050 of Chapter 23.37 of the Santa Cruz Municipal Code regarding Provision for the Protection of Tenants is hereby amended to read as follows:

23.37.050 PROVISION FOR THE PROTECTION OF TENANTS.

Conversion of existing residential structures to community housing projects can be approved in accordance with Section 23.37.030 only if evidence is provided that the following provisions have been implemented:
(a) Each of the tenants of the proposed projects has or will have received all applicable notices and rights now or hereafter required by the State Subdivision Map Act, including written notice of intention to convert, at least sixty days prior to the filing of a tentative map, pursuant to Section 66452.9 of the Government Code; ten days’ written notification that an application for a public report will be available upon request, pursuant to Section 66427.1(a) of the Government Code; written notice of public hearing and the tenant’s right to appear and to be heard on the conversion, pursuant to Section 66451.3 of the Government Code; and copies of the staff report on the tentative map at least three days prior to any hearing or action on such map, pursuant to Section 66452.3 of the Government Code.
(b) Within ten days after the filing of the tentative subdivision map with the city, the subdivider shall cause the following notice to be delivered or mailed by certified or registered mail with return receipt requested to the occupant of each occupied apartment being converted to a condominium:

30.99 NOTICE TO PRESENT TENANT
This apartment is sought to be converted to a condominium unit and may be subject to future sale. The City of Santa Cruz will provide information about the City’s regulations regarding conversions of apartments to condominiums. (c) At the time of the issuance of the written notice of the intention to convert, the applicant has informed the tenants that a tenants’ association has the right to negotiate for the purpose of converting the structure as a cooperative.
(d) Within ten days of approval of a final map for the proposed conversion, each of the tenants of the proposed project will be given written notification of the approval. (e) Each of the tenants of the proposed project has been, or will be, given one hundred eighty days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Tenants aged sixty-two or older or handicapped or with minor children have been, or will be given an additional one hundred twenty days in which to find suitable replacement housing. A list of available rental units of similar price shall be provided to each tenant. The provisions hereof shall not alter or abridge the rights or obligations of the parties in performance of their covenants including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the California Civil Code. (f) Each of the tenants of the proposed project has, or will be given, the right to cancel any existing lease following receipt of the written notice of public hearing by providing thirty-day written notice to the landlord.
(g) Each of the tenants of the proposed project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit or, in the case of a cooperative, the share controlling the dwelling unit then occupied by the tenant upon the same terms and conditions that such unit will be initially offered to the general public on terms more favorable to the tenant.

The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report, pursuant to Section 11018.2 of the Business and Professions Code, or approval of the application by city if a subdivision public report is not required, unless the tenant has given prior written notice of his or her intention not to exercise the right. (h) Each of the tenants of the proposed project who resided in the project at the time of the issuance of the notification of intention to convert has been, or will be, offered moving and relocation assistance amounting to one and one-half times the tenant’s monthly rent, except when the tenant has given notice of his or her intention to move prior to issuance of intention to convert.

However, if tenant relocation is required due to the conversion of no more than four units consisting of accessory dwelling units and their associated primary dwellings to condominiums pursuant to Section 24.16.165, relocation assistance shall be defined as four months’ rent for a person or family of low or moderate income who currently occupies or had occupied the dwelling unit within two years prior to the date of submission of the application for the conversion of the unit(s).

30.100
(i) Rents will not be increased from the time of filing of the application for conversion until relocation takes place or until the application is denied or withdrawn. (ii)
(j) No apartment in a building to be converted shall be leased to any person after the filing of an application with the city for such conversion unless a written notice shall have been delivered to the prospective lessee or tenant in substantially the following form:

NOTICE TO PROSPECTIVE TENANT
This apartment unit is sought to be converted to a condominium unit and may be subject to future sale.

A permanent record of such required notices shall be kept for a period of one year thereafter, such record to include:
(1) A copy of each notice showing the date on which it was delivered or mailed; and (2) Proof of the giving of the notice consisting of:
(A) If delivered, the signature of the person to whom it was delivered acknowledging such delivery; or
(B) If mailed, proof of mailing and return receipt if the receipt was returned to the recipient of the notice
Section 5. Section 24.08.810 of Chapter 24.08 of the Santa Cruz Municipal Code regarding Procedure for Slope Development Permit (Applies Outside the Coastal Zone) is hereby amended to read as follows:

24.08.810 PROCEDURE.

Projects on or within twenty feet of a slope of thirty percent or greater must apply for a slope development permit unless the project is exempted from the need for such a permit under Section 24.14.030(1)(g) or unless the project is a statewide exemption accessory dwelling unit as defined in Part 2 of Chapter 24.16. This permit may be granted by the zoning administrator under Section 24.14.030(1)(c) without a hearing if the project is on or within twenty feet of a slope greater than or equal to thirty percent and less than fifty percent and is consistent with the findings in Section 24.08.820, unless the slope development permit is accompanied by an application that must be heard by a higher body. Projects on or within twenty feet of a slope of fifty percent or greater must be considered at a public hearing by the zoning administrator and must also be consistent with the findings in Section 24.08.820 unless the project is exempted from such a permit per Section 24.14.030(1)(g).

Section 6. Section 24.10.4060 of Chapter 24.10 of the Santa Cruz Municipal Code regarding New Construction on Sites Abutting Overlay District Boundaries is hereby amended to read as follows:

24.10.4060 NEW CONSTRUCTION ON SITES ABUTTING OVERLAY DISTRICT BOUNDARIES.

30.101
The purpose of the following provisions is to ensure that new development which occurs on the boundaries of a designated Neighborhood Overlay District is compatible and supportive of the public policy goals established for these districts. These provisions apply to all sites abutting a Neighborhood Conservation Overlay District.

1. Siting: All development shall be designed in a manner that is compatible, to the extent possible, with the existing residential structures in the abutting Neighborhood Conservation Overlay District.

2. Design: All development shall be subject to a Design Permit and must be in compliance with adopted Design Guidelines.

3. Height: While the regulations of the underlying zoning district will control height, all development, redevelopment and building expansions on sites abutting the Neighborhood Conservation District and within 30 feet of existing adjacent Conservation District residential structures, shall transition in height and bulk to create a visually compatible relationship with existing structures. Distinctive architectural features may be allowed additional height if permitted by the underlying district, and if compatible with the neighboring district.

4. Parking: All parking must be screened from view from the first floor of existing residential structures in the Conservation District. This screening may be accomplished by walls, trellises, fencing, and/or landscaping. All development must submit a parking/ landscaping plan.

5. All lighting must be designed so that the light source is not visible from the adjacent residential properties nor are the light rays directed or reflected into or on adjacent residential properties.

Section 7. Section 24.16.020 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Basic On-Site Inclusionary Housing Requirements is hereby amended to read as follows:

24.16.020 BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS.

1. Applicability.
a. The inclusionary housing requirements defined in this chapter are applicable to all residential developments that create two or more new and/or additional dwelling units or FDU or SRO units at one location by construction or alteration of structures, or would create two or more lots through approval of a parcel map or tentative map, except for exempt residential developments under subsection (2). b. Additional rent above and beyond affordable rent or affordable ownership cost may be permitted for the commercial/work space in a live/work unit at a rent that is determined to be affordable to qualifying households and is proportionate to the amount of commercial space provided. The amount of rent for the commercial portion of the live/work unit shall be agreed upon by the developer, the economic development director, and the planning and community development director. If no agreement can be reached, the city will retain an outside financial consultant to evaluate and determine the allowable affordable rent and establish a methodology for determining future

30.102
commercial rent levels. The methodology for determining future commercial rent levels shall be defined in every affordable housing development agreement for residential developments that include at least one live/work unit.

2. The following residential developments are exempt from the requirements of this chapter:
a. Residential developments developed pursuant to the terms of a development agreement executed prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any affordable housing requirements included in the development agreement or any predecessor inclusionary housing requirements in effect on the date the development agreement was executed. b. Residential developments for which a complete application was filed with the city prior to the effective date of the ordinance codified in this chapter; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
c. Residential developments if exempted by California Government Code Section 66474.2 or 66498.1; provided, that such residential developments comply with any predecessor inclusionary housing requirements in effect on the date the application for the residential development was deemed complete.
d. Residential developments replacing dwelling units that have been destroyed by fire, flood, earthquake, or other acts of nature, so long as no additional dwelling units are created by the residential development; and provided, that such residential developments comply with any inclusionary housing requirements previously applied to the dwelling units being replaced.
e. Accessory dwelling units.
f. Rental residential developments with two to four dwelling units.

3. Ownership Residential Developments with Two to Four Dwelling Units. For ownership residential developments that would create at least two but not more than four new or additional dwelling units and/or live/work units at one location, the applicant shall either: (a) make one inclusionary unit available for sale at an affordable ownership cost; (b) make one inclusionary unit available at an affordable rent for low income households; or (c) pay an in-lieu fee calculated pursuant to Section 24.16.030(6).

4. Ownership Residential Developments with Five or More Dwelling Units. For ownership residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Affordable Housing Requirement for Ownership Residential Developments. In an ownership residential or live/work development, twenty percent of the dwelling units shall be made available for sale to low and moderate income households at an affordable ownership cost.
b. Fractional Affordable Housing Requirement for Ownership Residential Developments – 0.7 Units or Less. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of 0.7 or less, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; (ii) make one inclusionary unit available at an affordable rent for low income households; or (iii) pay an in-lieu fee calculated pursuant to Section 24.16.030(6). This subsection (4)(b) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).

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c. Fractional Affordable Housing Requirement for Ownership Residential Developments – More Than 0.7 Units. If the number of dwelling units required under subsection (4)(a) results in a fractional requirement of greater than 0.7, then the applicant shall either: (i) make one inclusionary unit available for sale at an affordable ownership cost; or (ii) make one inclusionary unit available at an affordable rent for low income households.

This subsection (4)(c) applies to the fractional unit only, and whole units shall be provided as required by subsection (4)(a).
d. Rental Units in an Ownership Residential Development. i. In an ownership residential development where all dwelling units are initially offered for rent, an applicant may satisfy the inclusionary requirements by providing rental units as provided in subsection (5).
ii. The rent regulatory agreement required by Section 24.16.045 shall include provisions for sale of the inclusionary units at an affordable ownership cost to eligible households within ninety days from the issuance of the public report by the California Department of Real Estate permitting sale of the units or at termination of the tenant’s lease whichever is later and otherwise in compliance with state law; provided, however, that the sale of the entire ownership residential development from one entity to another shall not trigger the obligation to sell individual inclusionary units. To the extent relocation payments are required by law the applicant shall be wholly responsible for the cost of preparing a relocation plan and making required payments. Any tenant of an inclusionary unit at the time units are offered for sale that qualifies to purchase an inclusionary unit at an affordable ownership cost shall be offered a right of first refusal to purchase the inclusionary unit. At sale appropriate documents shall be recorded to ensure the continued affordability of the inclusionary units at an affordable ownership cost as required by Section 24.16.045.

5. Rental Residential Developments with Five or More Dwelling Units. For rental residential developments that would create five or more new or additional dwelling units and/or live/work units at one location, the applicant shall provide inclusionary units as follows:
a. Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.
b. SRO Developments. In a rental residential development comprised of SRO units, twenty percent of the single-room occupancy units shall be made available for rent to very low income households at an affordable rent.
c. Fractional Affordable Housing Requirement for Rental Residential Developments with More Than Five Dwelling Units. If the number of dwelling units required results in a fractional requirement of 0.7 or less, then there will be no inclusionary requirement for the fractional unit. If the number of dwelling units required results in a fractional requirement of greater than 0.7, then the applicant shall make one inclusionary unit available at an affordable rent. This subsection (5)(c) applies to the fractional unit only, and whole units shall be provided as required by subsections (5)(a) and (b).

6. The requirements of subsections (3) through (5) are minimum requirements and shall not preclude a residential development from providing additional affordable units or affordable units with lower rents or sales prices than required.

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a. By mutual agreement by the developer, the planning and community development director, and the economic development director, the percentage of inclusionary units may be increased in exchange for reduced parking and/or other development requirements. b. If the developer agrees to make at least forty percent of the residential project available for rent to low income households at a rental cost affordable to low income households, in addition to reduction of development requirements, by mutual agreement by the developer, the planning and community development director, and the economic development director, the city may also provide financial incentives to increase the number of inclusionary units in a project.

Section 8. Section 24.16.125 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Definitions of Accessory Dwelling Units is hereby amended to read as follows:

24.16.125 DEFINITIONS
The following definitions shall apply to accessory dwelling units throughout the municipal code:

1. “Attached accessory dwelling unit” shall mean an accessory dwelling unit that is attached to the primary dwelling, including to an attached garage.

2. “Conversion accessory dwelling unit” shall mean any accessory dwelling unit created by the conversion of any one permitted, entitled, or legal nonconforming building, or portion of such a building. The conversion accessory dwelling unit may either be converted utilizing the existing structural components of the building or reconstructed within the existing three-dimensional physical space occupied by the building. On property developed with multi-unit buildings, only areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, shall be eligible to become conversion accessory dwelling units. The limitation on converting non-livable space shall not apply to a nonconforming duplex on a single-family zoned lot where one unit is converted to an accessory dwelling unit to result in a single-family home and accessory dwelling unit on the site. Consistent with zoning standards, conversion accessory dwelling units shall be permitted to expand the existing footprint of the building by up to one hundred fifty square feet, and the existing height by up to two feet.

3. “Detached accessory dwelling unit” shall mean an accessory dwelling unit that is separated from any single- or multi-unit building.

4. “Multi-unit building” shall mean a building with two or more attached dwellings on a single lot, including apartment or condominium buildings that contain at least two units. Accessory dwelling units do not count toward the number of units in this calculation.

5. “New construction accessory dwelling unit” shall mean any accessory dwelling unit that includes new construction and that does not meet the definition and requirements for a conversion accessory dwelling unit.

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6. “Non-exempt accessory dwelling unit” shall mean an accessory dwelling unit that does not meet the definition of a statewide exemption accessory dwelling unit.

7. “Primary dwelling” shall mean the dwelling unit with which the accessory dwelling unit or junior accessory dwelling unit is associated.

8. “Single-unit building” shall mean a structurally independent building that contains one dwelling unit. A single-unit building may be the only building on the lot, such as a single-family home or a townhome, or it may be a detached residential condominium or apartment unit on a lot with one or more other dwellings that are not attached to the single-unit building. Accessory dwelling units do not count toward the number of units in this calculation.

9. “Statewide exemption accessory dwelling unit” shall mean an accessory dwelling unit that conforms to any of the following subsections a-e below. None of the standards in Sections

24.16.141 or 24.16.142 shall apply to a statewide exemption accessory dwelling unit. a. One accessory dwelling unit per lot with a proposed or existing single-unit building, including a single-family dwelling, townhome, or a detached residential condominium or apartment unit on a lot with multiple single-unit buildings, if all of the following apply:
i. The accessory dwelling unit is within the proposed space of a single-unit building or it is within the existing space of a single-unit building or detached accessory building. This type of statewide exemption accessory dwelling unit does not include a building reconstructed within the threedimensional space of an existing building to be demolished. ii. If the accessory dwelling unit is within the space of an existing detached accessory building, the accessory dwelling unit may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory building. An expansion beyond the physical dimensions of the existing building shall be limited to accommodating ingress and egress.
iii. The accessory dwelling unit has an exterior entrance separate from that of the primary dwelling unit.
iv. If the unit is converted within a building with legal nonconforming setbacks, the side and rear setbacks are sufficient for fire and safety. b. One detached, new construction accessory dwelling unit that meets the following standards:
i. The accessory dwelling unit shall be located on a lot with a proposed or existing single-unit building, including a single-family dwelling, townhome, or a detached residential condominium or apartment unit on a site with multiple single-unit buildings.
ii. The accessory dwelling unit size shall not exceed 800 square feet in floor area.
iii. Interior side yard and rear yard setbacks shall be at least four feet. iv. The accessory dwelling unit shall meet one of the following height limitations as measured to the roof peak:

1. A height of 16 feet; or

2. A height of 18 feet if the accessory dwelling unit is on a lot within one-half of one mile walking distance of a major transit stop or a

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high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. This height can be increased an additional two feet to twenty feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
c. Multiple accessory dwelling units within the portions of existing multi-unit buildings, including a residential condominium or apartment building with two or more attached units, that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of accessory dwelling units permitted is equivalent to up to twenty-five percent of the number of existing, legally permitted units in the multi-unit building, or one, whichever is greater. When the twenty-five percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.
d. Multiple detached accessory dwelling units that are located on a lot with a multiunit building, including a residential condominium or apartment building with two or more attached units. Accessory dwelling units shall meet the following standards:
i. The number of permitted detached accessory dwelling units equals:

1. A height of 16 feet; or

2. A height of 18 feet if the accessory dwelling unit is on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. This height can be increased an additional two feet to 20 feet to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

3. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-unit, multistory building. e. One junior accessory dwelling unit per lot zoned to allow single-family dwellings and with a proposed or existing single-unit building, including a single-family dwelling, townhome, or detached residential condominium or apartment unit on a

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lot with multiple detached single-unit dwellings. The junior accessory dwelling unit shall comply with the requirements of 24.16.170.

Section 9. Section 21.16.130 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Permit Procedures is hereby amended to read as follows:

24.16.130 PERMIT PROCEDURES.

1. Accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section 24.16.120 and subject to the development standards in Section 24.16.140 et seq., except that statewide exemption accessory dwelling units shall not be subject to the standards in 24.16.141 and 24.16.142.

2. City shall issue a ministerial building permit for an accessory dwelling unit or junior accessory dwelling unit without discretionary review or a hearing, consistent with the provisions of this chapter and state law, within sixty days of submittal of a complete building permit application, unless provided otherwise. The sixty-day review period shall not apply when:
a. The permit application to create an accessory dwelling unit or junior accessory dwelling unit requires simultaneous approval of a discretionary or building permit associated with creating a new single-unit or multi-unit building on the same lot or parcel. The City may delay approving or denying the building permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City approves or denies the permit application to create the new single-unit or multi-unit building; or b. When the applicant seeks a delay for any reason, including but not limited to pursuit of a discretionary permit pursuant to Section 24.16.130.8. The period of the delay shall not count toward the sixty-day time period.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant in accordance with the 60-day time period set forth in Section 24.16.130.2 above.

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

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

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

Section 10. Section 21.16.140 of Chapter 24.16 of the Santa Cruz Municipal Code regarding General Development Standards is amended to read as follows:

24.16.140 GENERAL DEVELOPMENT STANDARDS.

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

1. Number of Accessory Dwelling Units per Parcel.
a. For parcels including a proposed or existing single-unit building, including a singlefamily home, townhome, or multiple detached dwellings, but not including any multifamily structures: One non-exempt accessory dwelling unit shall be allowed on each lot in addition to any statewide exemption accessory dwelling units. Each lot may also include a junior accessory dwelling unit conforming to the standards set forth in Section 24.16.170. b. For lots developed with one or more multi-unit buildings, including an apartment or condominium building with two or more dwelling units: no non-exempt accessory dwelling units shall be allowed. The number of statewide exemption accessory dwelling units allowed on each lot equals:
i. For units converted from existing non-habitable space, as defined in Section

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fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number. ii. For newly constructed units, as defined in Section 24.16.129.9.d:

2. On a lot with a proposed multi-unit building, not more than two detached accessory dwelling units.

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

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

5. Accessory dwelling units that require approval of a coastal permit shall conform to the standards in Section 24.12.140.2.

Section 11. Section 21.16.141 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Site Development Standards is hereby renamed Site Development Standards For NonExempt Accessory Dwelling Units and amended to read as follows:

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24.16.141 SITE DEVELOPMENT STANDARDS FOR NON-EXEMPT ACCESSORY DWELLING UNITS.

Neither the standards in this section nor any zone district site development standards shall apply to statewide exemption accessory dwelling units.

1. General.

Development
Standard
Attached Conversion1,2 Detached
Maximum
Floor Area
(square feet)
3,4
Greatest of:
 850 for a studio or
one bedroom
 1,000 for a unit with
two or more
bedrooms.
 50% of the habitable
area of the primary
dwelling to which
the unit is attached
Footprint of existing
building. Can expand
footprint by 150.5,6
Greatest of:
 850 for a studio or
one bedroom
 1,000 for a unit
with two or more
bedrooms
 10% net lot area
and no more than
1,200 habitable
square feet.

Maximum
Height (feet)7
Zone district standard
that applies to primary
dwelling.

Maintain existing, or
expand up to lesser of
2’ or standard for new
construction ADU.8
 16’ to roof peak if
less than 4’ from
side/rear property
line
 22’ to roof peak if
4’ or more from
side/rear property
line
Minimum
Front Setback
(feet)
Zone district standard
that applies to
primary dwelling.

Maintain existing.

Any expansion shall
meet new construction
standard.

Lesser of:
 Front wall line of
primary building,
excluding any
projections from
that line.
 Zone district
standard.

Minimum
Rear Setback
(feet)
4’ Maintain existing.

Any expansion shall
meet new construction
standard.
3’ for up to 16’
height.
4’ above 16’ height.

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Minimum
Exterior Side
Yard Setback
Zone district standard
that applies to
primary dwelling.

Maintain existing.

Any expansion shall
meet new construction
standard.

Zone district
standard.

Minimum
Interior Side
Yard Setback
4’9 Maintain existing.

Any expansion shall
meet new
construction
standard.
3’ for up to 16’
height
4’ above 16’ height
Minimum
Distance
Between
Buildings
6’ Maintain existing. 6’
for any expansion
6’

1. Conversion accessory dwelling units may occupy the three-dimensional space, including setbacks, lot coverage, and height, of the building to be converted or reconstructed, regardless of conformance to current zoning standards.

2. A conversion accessory dwelling unit with any expansion in excess of the above thresholds shall be reviewed as a new construction accessory dwelling unit, including assessment of any required fees.

3. Accessory dwelling units that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall be accommodated by calculating the unit square footage size in a manner that accounts for the difference between the square footage of the proposed building and the square footage of a traditional frame house.

4. Stairways that provide access to accessory dwelling units do not count toward the floor area of an accessory dwelling unit when the stairs are not part of the conditioned space, the stairs do not include any other rooms or room-like areas that would function as habitable floor area for the ADU, and there is a fire-rated entry door at the top of the stairs at the entrance to the accessory dwelling unit.

5. An expansion of up to 150 square feet shall not enlarge the accessory dwelling unit beyond one thousand two hundred square feet unless necessary to accommodate ingress and egress to the accessory dwelling unit.

6. Expansions detached from the primary dwelling shall meet height and setback requirements for a new construction detached accessory dwelling unit. Expansions attached to the primary dwelling shall meet height and setback requirements for new construction attached dwelling units. Expansions of either type on a substandard lot shall be consistent with substandard lot development standards described in Section

24.16.161.7.

7. If the design of the building in which the primary dwelling is located has special roof features that should be matched on the detached accessory dwelling unit to enhance design compatibility, the maximum allowed building height of the accessory dwelling unit may be exceeded in order to include such similar special roof features, subject to review and approval of the zoning administrator as part of the review of the building permit application.

8. Existing and resulting roof height are measured to the roof peak. Other portions of the roof may expand more than two feet if their resulting height is the same or lower than the resulting roof peak.

9. Any zone development standard for an additional setback based on building height or stories shall not apply to the portion of the building that contains the accessory dwelling unit.

2. Parking. No off-street parking shall be required for any accessory dwelling unit outside of the Coastal Zone. Any parking spaces, covered or uncovered, removed in order to create an accessory dwelling unit shall not be required to be replaced outside the Coastal Zone. For properties within the Coastal Zone, parking requirements are contained in Section 24.12.240.1.

3. Rear Yard Lot Coverage. In no case shall any accessory dwelling unit be limited in size based on rear yard lot coverage requirements contained in Section 24.12.140.1.f. In the application of Section 24.12.140.1.f., the footprint of accessory dwelling units shall not count toward the maximum allowable lot coverage by accessory buildings in yard setback areas.

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4. Projections. An accessory dwelling unit that meets the standard zone district setbacks shall be permitted to include projections as described in Section 24.12.120.1. An accessory dwelling unit, or portion thereof, that does not meet standard zone district setbacks but meets standard setbacks for new construction accessory dwelling units shall be permitted to include architectural features such as cornices, canopies, eaves, and sills that project into the setback two and one-half feet. A conversion accessory dwelling unit, or portion thereof, that does not meet standard setbacks for new construction accessory dwelling units shall not contain any new projections beyond any already present on the existing wall.

5. If a new construction detached accessory dwelling unit is attached to a non-habitable accessory use within the same building, then the portion of the building containing the nonhabitable use shall meet the site development standards for non-habitable accessory buildings as described in Section 24.12.140. A garage may have interior access to an accessory dwelling unit, but no other non-habitable accessory use within the same building shall have interior access to the accessory dwelling unit.

6. Clear corner triangle and clear vision area. Any new construction accessory dwelling unit or expansion of a conversion accessory dwelling unit shall be located outside of the clear corner triangle, as defined in Section 24.22.202, and the clear vision area, as defined in Section 24.22.206.

7. Substandard Lots. When a new construction accessory dwelling unit is proposed on a substandard residential lot, as defined in Section 24.22.520, that contains a single-family residential use, the following design standards shall apply:
a. The maximum allowable lot coverage for all structures shall be forty-five percent, except that lot coverage shall be waived to the extent that it physically precludes the construction of the accessory dwelling unit up to eight hundred square feet in floor area. The lot coverage of the accessory dwelling unit shall not be included in the calculation of all other structures’ maximum allowable lot coverage. Lot coverage shall include the footprints of the first floor, garage and other accessory buildings (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet. Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage. For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted toward lot coverage. b. The floor area of a building’s second story shall be limited to one hundred percent of the floor area of the building’s first floor if the floor area of the building’s first story constitutes thirty percent or less of the net lot area.
c. The floor area of a building’s second story shall not exceed fifty percent of the floor area of the building’s first story if the building’s first story has greater than thirty percent lot coverage up to a maximum of forty-five percent lot coverage. d. The floor area of a building’s second story shall be limited to fifty percent of forty-five percent lot coverage if the building’s first story has greater than forty-five percent lot coverage.

8. Archaeological Resources. The application shall be consistent with all objective standards relating to the preservation of archaeological resources pursuant to Section 24.12.430.

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9. Distance from Natural Features. Any new construction accessory dwelling unit or expansion of a conversion accessory dwelling unit shall be consistent with the following standards for distance from natural features.
a. The accessory dwelling unit shall not be constructed within any watercourse setback designated within the City-Wide Creeks and Wetlands Management Plan that does not allow for construction of an accessory dwelling unit by right, as implemented by Section

24.08.2100 et seq.
b. If the site or an adjacent lot contains a wetland or potential wetland as shown in the Citywide Creeks and Wetlands Management Plan, the accessory dwelling unit shall be located at a distance from the wetland as recommend in a report prepared by a professional biologist with a background in wetland biology.
c. The accessory dwelling unit shall not be constructed within 20 feet of a 30 percent or greater slope.
d. The accessory dwelling unit and any related construction and site work shall be located away from a heritage tree, or any street tree growing in the public right of way protected under municipal code chapter 13.30, the greatest distance of: 10 feet, or three times the diameter of the tree’s largest trunk at 54 inches above grade, or the dripline of the tree. e. When the project site includes an area mapped for sensitive habitat or vegetation under the general plan, the accessory dwelling unit and related site work shall be located at a distance from such habitat or vegetation area as determined in a report prepared pursuant to Section

24.14.080 by a professional biologist with a background in sensitive habitat biology.

Section 12. Section 21.16.142 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Accessory Dwelling Unit Design Standards is hereby renamed Non-Exempt Accessory Dwelling Unit Design Standards and amended to read as follows:

2. The following standards apply to non-exempt accessory dwelling units that that do not meet one or more of the standard setbacks for the zone district in which they are proposed:

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a. The entrance to the accessory dwelling unit, access stairs, and second story decks shall face the interior of the lot unless the accessory dwelling unit is adjacent to an alley or a public street.
b. When an accessory dwelling unit is adjacent to an alley or a public street, the accessory dwelling unit shall be oriented toward the alley or street with the front access door and windows facing the alley or street. The entry facing the alley or street shall include a minimum of 12 square feet of flat, unenclosed, covered area, which may be a projection from the building, or inset, or a combination of the two. c. Windows that do not meet the standard zone district side or rear setback and that face an adjoining residential property shall be designed to obscure views of that property by ADU occupants, including transom windows, translucent glass, or other methods; alternatively, fencing or landscaping shall be required to provide screening.

Section 13. Section 21.16.150 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Use Standards is hereby amended to read as follows:

24.16.150 USE STANDARDS.

1. For any unit that is not approved for separate sale under Section 24.16.165: the accessory dwelling unit shall not be sold separately.

2. The unit shall not be altered from the approved size except by approval of a subsequent building permit where the resulting unit meets the accessory dwelling unit development standards described in this Part.

3. Neither an accessory dwelling unit nor an associated primary dwelling shall be used on a transient occupancy basis or for short-term/vacation rental purposes with a term of 30 or fewer days.
a. Exception. A legal accessory dwelling unit property that had legal status prior to November 10, 2015, and was in use as a short-term/vacation rental prior to that date, and for which the owner remits transient occupancy tax in compliance with Chapter 3.28 in full in a timely manner for the use of the property as short-term/vacation rental purposes, may continue the use.

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Section 14. Section 21.16.160 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Zoning Incentives is hereby amended to read as follows:

24.16.160 ZONING INCENTIVES.

The following incentives are to encourage construction of accessory dwelling units:

2. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or exterior yard setback under this incentive with the parking design subject to approval of the zoning administrator. The maximum impervious surfaces devoted to the parking area shall be no greater than the existing driveway surfaces at time of application. Not more than fifty percent of the front yard width shall be allowed to be parking area.

3. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking spaces for the primary single-family dwelling and the accessory dwelling unit may be provided in tandem on a driveway. A tandem arrangement consists of one car behind the other. No more than three total cars in tandem may be counted towards meeting the parking requirement.

Section 15. Section 21.16.165 of Chapter 24.16 of the Santa Cruz Municipal Code regarding Separate Sale of Accessory Dwelling Units is hereby added to read as follows:

24.16.165 SEPARATE SALE OF ACCESSORY DWELLING UNITS

1. This section implements Government Code Section 66342, enacted by Assembly Bill 1033 (Ting). The purpose of this section is to apply objective local development standards for subdivisions covered by Government Code Section 66342 and is applicable only so long as Government Code Section 66342 is operative. Where this section or Government Code Section 66342 conflict with any other provisions of the municipal code, this section and Government Code Section 66342 shall control. Any development standard or requirement not specifically addressed by this section or Government Code Section 66342 must conform to all other provisions of the municipal code and all other objective policies and requirements governing subdivisions.

2. Condominium parcels for the separate conveyance of one or more accessory dwelling unit(s) and their associated primary dwelling unit may be created on lots with single-unit buildings, and condominium parcels for the separate conveyance of one or more accessory dwelling unit(s) may be created on lots with multi-unit buildings, and such condominium parcels shall be approved only as provided by this section.

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3. Creation of condominium parcels for five or more accessory dwelling units shall require approval of a tentative map and final map consistent with the requirements of Title 23 of the Municipal Code.

4. Creation of four or fewer condominium parcels for accessory dwelling units and associated primary dwellings shall require approval of a parcel map consistent with the requirements of Title 23 of the Municipal Code.

5. The applicant shall obtain a parcel map or final map to establish the condominium parcels.

A tentative map shall not be required.

6. Units mapped under the provisions of this section shall not be required to comply with the Community Housing Project Requirements under Section 24.12.180, except:
a. Each new construction accessory dwelling unit or new construction primary dwelling unit shall meet the open space requirement pursuant to Section 24.12.280.3 unless waived pursuant to Section 24.16.141.10.d, and
b. Each new construction accessory dwelling unit or new construction primary dwelling unit shall provide a minimum of two hundred cubic feet of enclosed storage space within the project capable of being secured by lock or other means for each unit, in addition to kitchen cupboards or clothes and linen closets, consistent with Section 24.12.180.4.

7. No off-street parking beyond that required by Section 24.16.141.2 shall be required for any accessory dwelling unit mapped as a condominium.

8. Accessory dwelling units and associated primary dwelling units mapped as condominiums pursuant to this section shall meet the inclusionary dwelling unit requirements under Section

24.16.020.

9. When no more than four condominium units are created from the conversion of existing accessory dwelling units and associated primary dwellings, the following shall apply:
a. The units may be converted to condominiums regardless of the multi-family housing vacancy rate consistent with Municipal Code Section 23.37.020.1. b. Tenants displaced shall retain a first right of refusal if the unit is offered to sale to the general public consistent with Municipal Code Section 23.37.050.g. c. Relocation assistance in the amount of four months’ rent shall be provided to tenants of low or moderate income who have resided in the unit within two years prior to the date of submission of the application for the conversion of the unit(s) consistent with Section

23.37.050.h.

10. Consistent with Government Code Section 66341, an accessory dwelling unit shall be approved with a condominium lot for separate conveyance pursuant to the following:
a. The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
b. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all applicable objective requirements of Title 23, the Subdivision Ordinance. c. Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the City or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

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d. Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent.

The following shall apply to the consent of a lienholder:
i. A lienholder may refuse to give consent.
ii. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
e. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows: “(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
f. The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder’s signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
g. The City shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender. You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.

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(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
(c) Securing your lender’s consent to the details of any construction loan or ground lease. This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” h. If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
i. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association. For purposes of this section, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

11. Nothing in this section shall prohibit approval of an accessory dwelling with a condominium lot for separate conveyance pursuant to Government Code Section 66340-66341.

Section 16. 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 CEQA is required.

Section 17. 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 18. This ordinance shall take effect and be in full force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS: 23.04.050.1 - SUBDIVISION PRINCIPLES – GENERAL,

23.12.030.1 - DIVISION OF LAND – FEWER THAN FIVE PARCELS – MAPS REQUIRED,

CONSTRUCTION ON SITES ABUTTING OVERLAY DISTRICT BOUNDARIES, AND

24.16.020 – BASIC ON-SITE INCLUSIONARY HOUSING REQUIREMENTS; CHAPTER

24.16, PART 2 – ACCESSORY DWELLING UNITS; AND ADDING NEW SECTION

24.16.165 - SEPARATE SALE OF ACCESSORY DWELLING UNITS TO MAINTAIN

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multi-family buildings, and limiting the standards that can be applied to statewide exemption accessory dwelling units; and
WHEREAS, on September 28, 2024, AB 2533 (Carrillo) was signed into law, creating new limits on when a local jurisdiction could deny a permit to legalize an unpermitted accessory dwelling unit and extending those limitations to junior accessory dwelling units; and WHEREAS, amendments to municipal code requirements related to accessory dwelling units are needed to maintain consistency with state law; and WHEREAS, at its November 7, 2024 meeting, the Santa Cruz Planning Commission cancelled the meeting due to lack of a quorum and rescheduled review of the proposed modifications to the meeting of November 21, 2024; and
Whereas, at its November 21, 2024 meeting, the Santa Cruz Planning Commission reviewed the proposed additions and modifications to the Santa Cruz Municipal Code and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan; and

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

Section 1. Section 23.04.050.1 of Chapter 23.04 of the Santa Cruz Municipal Code regarding Subdivision Principles – General is hereby amended to read as follows:

23.04.050.1 SUBDIVISION PRINCIPLES – GENERAL.

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dwellings pursuant to Section 24.16.165, in which case a tentative parcel map shall not be required, but a parcel map shall be required. The zoning administrator shall have final jurisdiction in the approval of such minor land divisions. A tentative subdivision map and a final map shall be required for all other subdivisions of land or other procedures provided in the Map Act, and the city council shall have final jurisdiction in the approval of such maps. Each subdivision or minor land division shall conform to the standards and principles set forth, or referred to, in this title unless modified for good cause by the city council, the zoning board, or the zoning administrator.

Santa Cruz City CouncilDecember 10, 2024

Santa Cruz City Council
December 10, 2024