16.63 -A-2-
THIS NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.
CITY OF SANTA CRUZ
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
16.64 -B-1-
EXHIBIT B
[FORM OF NOTICE OF TERMINATION UPON EVENT OF DEFAULT]
NOTICE OF TERMINATION UPON EVENT OF DEFAULT
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
Attention: [______]
Email: [_____]
Ladies and Gentlemen:
We refer to the Note Purchase Agreement dated [May __, 2025] (together with any amendments or supplements thereto, the “Agreement”) by and between the City of Santa Cruz (the “Borrower”) and Wells Fargo Municipal Capital Strategies, LLC (the “Bank”). Any term below which is defined in the Agreement shall have the same meaning when used herein.
We hereby notify you that an Event of Default has occurred under Section ____ of the Agreement. As a result, unless and until you have been advised otherwise by us:
[All amounts due under the Agreement and the Note are immediately due and payable.]
IN WITNESS WHEREOF, we have executed and delivered this Notice of Termination Upon Event of Default as of the ____ day of __________, _____.
WELLS FARGO MUNICIPAL CAPITAL
STRATEGIES, LLC
By:
Name:
Title:
16.65 -C-1-
EXHIBIT C
[FORM OF NOTICE OF PREPAYMENT]
NOTICE OF PREPAYMENT
Wells Fargo Municipal Capital Strategies, LLC
c/o Wells Fargo Bank, National Association
1655 Grant Street 3rd Floor
Concord, California 94520
Attention: Zina Monroe
Email: [email protected]
Re: Note Purchase Agreement dated [May __, 2025]
Ladies and Gentlemen:
The City of Santa Cruz (the “Borrower”), through its undersigned, an Authorized Representative, hereby certifies to Wells Fargo Municipal Capital Strategies, LLC (the “Bank”), with reference to the Note Purchase Agreement dated [May __, 2025] (together with any amendments or supplements thereto, the “Agreement”) by and between the Borrower and the Bank (the terms defined therein and not otherwise defined herein being used herein as therein defined):
The Borrower hereby informs you that the Borrower intends to prepay the Note in an aggregate principal amount of $[insert prepayment amount] on __________, _____, which date is at least ten (10) Business Day following the date of this notice of Prepayment. Accrued interest on all prepayments of principal to the Prepayment Date shall be payable on the Prepayment Date.
IN WITNESS WHEREOF, the Borrower has executed and delivered this Notice of Prepayment this ____ day of __________, _____.
CITY OF SANTA CRUZ
By:
Name:
Title:
16.66 -D-1-
EXHIBIT D
[FORM OF COMPLIANCE CERTIFICATE]
COMPLIANCE CERTIFICATE
Financial Statement Date ____________, ____
To: Wells Fargo Municipal Capital Strategies, LLC
c/o Wells Fargo Bank, National Association
1655 Grant Street 3rd Floor
Concord, CA 94520
Attention: Zina Monroe
Email: [email protected]
Ladies and Gentlemen:
Reference is made to that certain Note Purchase Agreement, dated [May __, 2025] (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), between the City of Santa Cruz (the “Borrower”), and Wells Fargo Municipal Capital Strategies, LLC, (the “Bank”).
The undersigned Authorized Representative hereby certifies as of the date hereof that he/she is the of the Borrower, and that, as such, he/she is authorized to execute and deliver this Certificate to the Bank on the behalf of the Borrower, and that:
1. Attached hereto as Schedule 1 are the year-end audited financial statements required by Section 7.2(a)(i) of the Agreement for the fiscal year of the Borrower ended as of the above date, together with the report and opinion of an independent certified public accountant required by such section.
2. The undersigned has reviewed and is familiar with the terms of the Agreement and has made, or has caused to be made under his/her supervision, a detailed review of the transactions and condition (financial or otherwise) of the Borrower during the accounting period covered by the attached financial statements.
3. A review of the activities of the Borrower during such fiscal period has been made under the supervision of the undersigned with a view to determining whether during such fiscal period the Borrower performed and observed all its Payment Obligations under the Agreement and the Note, and
[select one:]
[to the best knowledge of the undersigned during such fiscal period, the Borrower performed and observed each covenant and condition of the Agreement, the Note and the Resolution applicable to it, and no Default has occurred and is continuing.] --or--
16.67 -D-2-
[the following covenants or conditions have not been performed or observed and the following is a list of each such Default and its nature and status:]
4. The representations and warranties of the Borrower contained in Article VI of the Agreement, and/or any representations and warranties of the Borrower that are contained in any document furnished at any time under or in connection with the Agreement, the Note and the Resolution, are true and correct on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Compliance Certificate, the representations and warranties contained in Section 6.1(n) of the Agreement shall be deemed to refer to the most recent statements furnished pursuant to Section 7.2(a)(i) of the Agreement, including the statements in connection with which this Compliance Certificate is delivered.
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of __________, _____.
CITY OF SANTA CRUZ
By:
Name:
Title:
16.68 -E-1-
EXHIBIT E
[FORM OF INVESTOR LETTER]
INVESTOR LETTER
[DATE]
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
Re: $20,055,000 Variable Rate Grant Anticipation Note, Series 2025 Ladies and Gentlemen:
This letter is to provide you with certain representations and agreements with respect to our purchase of [all] [a portion] of the above-referenced note (the “Note”), dated its date of issuance. The Note was issued under and secured in the manner set forth in that certain resolution adopted on [May 27, 2025] (as amended, modified or restated from time to time, the “Resolution”) by the City Council of the City of Santa Cruz (the “City”). [Insert Name of Purchaser] (the “Purchaser,” the “undersigned,” “us” or “we,” as applicable) is purchasing [all] [a portion] of the Note pursuant to [Insert Name of Purchasing Agreement]. We hereby represent and warrant to you and agree with you as follows:
1. We understand that the Note has not been registered pursuant to the Securities Act of 1933, as amended (the “1933 Act”), the securities laws of any state nor has the Resolution been qualified pursuant to the Trust Indenture Act of 1939, as amended, in reliance upon certain exemptions set forth therein. We acknowledge that the Note (i) is not being registered or otherwise qualified for sale under the “blue sky” laws and regulations of any state and (ii) will not be listed on any securities exchange.
2. We have not offered, offered to sell, offered for sale or sold any of the Note by means of any form of general solicitation or general advertising, and we are not an underwriter of the Note within the meaning of Section 2(11) of the 1933 Act.
3. We have sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal and other taxable and tax-exempt obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the Note.
4. We have authority to purchase the Note and to execute this letter and any other instruments and documents required to be executed by the purchaser in connection with the purchase of the Note.
5. The undersigned is a duly appointed, qualified and acting representative of the Purchaser and is authorized to cause the Purchaser to make the certifications, representations and warranties contained herein by execution of this letter on behalf of the Purchaser.
16.69 -E-2-
6. The Purchaser is either a “qualified institutional buyer” as defined in Rule 144A promulgated under the 1933 Act, or an “accredited investor” as defined in Rule 501 of Regulation D under the 1933 Act and is able to bear the economic risks of such investment.
7. The Purchaser understands that no official statement, prospectus, offering circular, or other comprehensive offering statement is being provided with respect to the Note. The Purchaser has made its own inquiry and analysis with respect to the City, the Note and the security therefor, and other material factors affecting the security for and payment of the Note.
8. The Purchaser acknowledges that it has either been supplied with or been given access to information, including financial statements and other financial information, regarding the City, to which a reasonable investor would attach significance in making investment decisions, and has had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the City, the Note and the security therefor, so that as a reasonable investor, it has been able to make its decision to purchase the Note.
9. The Note is being acquired by the Purchaser for investment for its own account and not with a present view toward resale or distribution; provided, however, that the Purchaser reserves the right to sell, transfer or redistribute the Note, but agrees that any such sale, transfer or distribution by the Purchaser shall be to a Person that (i) is a secured party, custodian or other entity in connection with a pledge by the Purchaser to secure public deposits or other obligations of the Purchaser or one of its affiliates to state or local governmental entities; or (ii) the Purchaser reasonably believes to be a qualified institutional buyer or accredited investor and who executes an investor letter substantially in the form of this letter.
Very truly yours,
[Insert Name of Purchaser]
By:
Name:
Title:
16.70 -F-1-
EXHIBIT F
[FORM OF REQUEST FOR ADVANCE]
REQUEST FOR ADVANCE
[Date]
Wells Fargo Municipal Capital Strategies, LLC
c/o Wells Fargo Bank, National Association
1655 Grant Street 3rd Floor
Concord, California 94520
Attention: Zina Monroe
Email: [email protected]
Ladies and Gentlemen:
The undersigned, [Insert Name of Undersigned] the [Insert Title of Undersigned] of the City of Santa Cruz, California (the “Borrower”), refers to that certain Note Purchase Agreement dated as of [May __, 2025] (the “Agreement”) between the Borrower and Wells Fargo Municipal Capital Strategies, LLC (the “Bank”), the terms defined therein being used herein as therein defined, and hereby gives the Bank notice irrevocably, pursuant to Section 2.3(c) of the Agreement, of the Advance specified below:
1. The Business Day of the proposed Advance is ___________, 20__.
2. The principal amount of the proposed Advance is $______________.
3. The Borrower hereby irrevocably authorizes the Bank to disburse the proceeds of the Advance in immediately available funds Borrower in accordance with the following wire instructions:
_____________________________
Bank Name: __________________
ABA Routing Number: _________
Account Number: ______________
The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the Date of Advance, before and after giving effect thereto:
(a) the representations and warranties of the Borrower set forth in Article VI of the Agreement shall be true and correct in all material respects on such Date of Advance (except to the extent any such representation or warranty expressly relates to an earlier date); and
16.71 -F-2-
(b) no Default or Event of Default shall have occurred and be continuing on such Date of Advance; and
(c) the principal amount of the Advance, together with the principal amount of each Advance made prior to the date hereof, does not exceed 95% of the amount which is stated in writing by the granting authority as committed and appropriated, and such writing is attached hereto as Schedule 1.
CITY OF SANTA CRUZ
By: _______________________________________
Name: _________________________________
Title: __________________________________
16.72 -F-3-
SCHEDULE 1
16.73 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Public Works
SUBJECT: Measure E Oversight Committee Appointments (PW) Location: Citywide
RECOMMENDATION: Motion authorizing the Mayor to appoint three staff-recommended members to serve on the Measure E Oversight Committee: Water Commissioner Julianne Rhodes and Transportation and Public Works Commission Vice Chair Susan Gilchrist and Commissioner Scott Harriman.
BACKGROUND: The Clean River, Beaches, and Ocean Tax, also known as Measure E, was approved by City of Santa Cruz (City) voters in the November 2008 general election. The funds generated from this tax are dedicated to operating the City’s stormwater management program, which includes maintaining and improving stormwater systems, conducting water quality monitoring, and ensuring stormwater permit compliance with the State Water Resources Control Board. This special purpose property tax generates approximately $650,000 annually via a flat charge per parcel citywide. Measure E includes a provision that call for an independent oversight committee to convene and review the use of the tax proceeds. The committee was historically comprised of two members from the Transportation Public Works Commission and one member from the San Lorenzo River Committee. Meetings were held at least once a year to review the fund’s proposed expenditures with Public Works Department staff.
In 2020, the Measure E Oversight Committee ceased meeting due to the pandemic. Additionally, the San Lorenzo River Committee has since been dissolved. To catalyze the revival of the Measure E Oversight Committee, Public Works staff attended the December 9, 2024 Water Commission meeting to recommend a Water Commissioner participate in this committee. The Water Commission nominated Julianne Rhodes. On January 27, 2025, the Transportation and Public Works Commission (TPWC) nominated two of its own members: Susan Gilchrist and Ron Goodman. At its April 21, 2025 meeting, TPWC commissioners replaced Ron Goodman’s nomination with Scott Harriman due to Ron’s commitment to the City’s Sustainability and Resiliency Committee.
DISCUSSION: The Clean River, Beaches, and Ocean Tax Ordinance (No. 2008-21) calls for an oversight committee to review the use of the tax proceeds. Public Works staff recommend that the Mayor appoints the nominated members from both the Water Commission (Julianne Rhodes)
17.1 and the TPWC (Susan Gilchrist and Scott Harriman) so the Measure E Oversight Committee may continue its duty to help review the use of Measure E tax proceeds.
The Measure E Oversight Committee is a working group and not a standing committee; therefore, there are no conflicts with the members serving on this committee in addition to their respective advisory bodies.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.
HEALTH IN ALL POLICIES (HiAP): This program promotes the following Health in All Policies Conditions: The revival of the Measure E Oversight Committee contributes to the Healthy Environments pillar of Health in All Policies Conditions. It addresses the CORE Community Indicators of “Concern for the environment” and “Environmental stewardship.” 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: There is no impact to the General Fund.
Prepared By:
Jessica Juico
Environmental Programs
Analyst II
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. CLEAN RIVER, BEACHES AND OCEAN TAX ORDINANCE.PDF
17.2 17.3
17.4 17.5
17.6 17.7
City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Public Works
SUBJECT: West Cliff Drive 60-Inch Reinforced Concrete Pipe (RCP) Headwall Repair (c402409) – Notice of Completion (PW)
LOCATION: District 6
RECOMMENDATION: Motion to accept the work of Access Limited Construction (Oceano, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the West Cliff 60-Inch RCP Headwall Repair (c402409) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
BACKGROUND: At its June 25, 2024 meeting, City Council approved the authorization to advertise and award a contract for the West Cliff 60-inch RCP Headwall Repair project. On September 27, 2024, proposals for an RFP were opened and reviewed by Public Works staff. On November 7, 2024, the project was awarded to the most qualified consultant, Access Limited Construction, for a design-build contract. Design services began thereafter, and construction began on January 6, 2024, which included the removal of the existing headwall and damaged RCP and the installation of a new shotcrete wall, concrete apron at the outfall, wooden guardrail, and asphalt walkway pavement.
DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the specifications.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project is statutorily exempt from further environmental review under CEQA Section 15269, Emergency Projects. A notice of exemption was filed June 26, 2024.
HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions: Health and Wellness; Healthy Environments. The West Cliff Drive 60-inch RCP Headwall Repair Project aligns with the City’s HiAP by installing a new headwall to stabilize the slope around the 60-inch concrete pipe and under the West Cliff Drive footpath.
This will prolong the life of this critical City infrastructure and improve public safety.
18.1 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: The total cost of the project was $558,680.03 and was funded by the Capital Investment Program (CIP) project c402409. There is no impact to the General Fund.
Prepared By:
Tim Wong
Assistant Engineer II
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. NOTICE OF COMPLETION.DOCX
18.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.
No recording fee is required pursuant to Government Code § 27383.
NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:
The undersigned is an authorized representative of the owner of the interest or estate stated below.
1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property
2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: West Cliff 60-Inch RCP Headwall Repair (c402409)
3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: removal of the existing headwall and damaged reinforced concrete pipe (RCP), and the installation of a new shotcrete wall, concrete apron at the outfall, wooden guardrail, and asphalt walkway pavement.
4. The general site location description or address (the “Property”) of the public improvement is located at: West Cliff - 2100 Block
5. Name and Address of Contractor. The Contractor on the Project is: Access Limited Construction. 1102 Pike Lane, Oceano, CA 93445
6. Construction Lender. The name and address of the construction lender, if any, is: N/A
7. Date of Completion. The Project on the Property was completed on: April 17, 2025
8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, May 27, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:
City of Santa Cruz, Public Works
Attn: Tim Wong
WHEN RECORDED MAIL TO:
City Clerk’s Department
809 Center Street, Room 9
Santa Cruz, CA 95060
18.3 Notice of Completion (Revised Oct 2021)
VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on May 27, 2025, at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz
18.4 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Public Works
SUBJECT: Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) – FY 2026 Funding (PW)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution approving the FY 2026 allocation of SB 1 Road Maintenance and Rehabilitation Account (RMRA) funds and authorize the City Manager to submit the project list to the California Transportation Commission.
BACKGROUND: Senate Bill (SB) 1, the Road Repair and Accountability Act, was enacted by the state legislature and approved by the governor in April 2017. SB 1 provides the first significant, stable, and on-going increase in state transportation funding in more than two decades. Formula funds are provided to cities in Santa Cruz County, the City of Santa Cruz, Santa Cruz Metro, the Regional Transportation Commission and Caltrans. Guidelines for the use of the different funding categories have been developed and made available to cities and counties on a competitive basis.
SB 1 will generate $1.5 billion per year for cities and counties statewide and will be distributed based on existing gas tax formulas. Cities and counties are expected to prioritize basic road maintenance and rehabilitation projects for these funds, though other projects are also eligible.
They must meet California Constitution Article XIX and other statutory requirements. The California Transportation Commission (CTC) is responsible for monitoring fund allocation and expenditure.
DISCUSSION: Based on the CTC approved guidelines, cities and counties are required to adopt a resolution and submit a list of projects annually to the CTC by July 1, 2025, to the RMRA program and it must reflect how the agency intends to use the SB 1 funds. The RMRA is estimated to provide an additional $1,697,389 in gas tax funds to the City of Santa Cruz (City) next fiscal year. Public Works has developed a project list based on the need to fund gas tax eligible projects developed during the FY 2026 Capital Investment Program (CIP) process.
Public Works intends to focus the use of RMRA funds on road rehabilitation.
SB 1 also stabilizes the State Transportation Improvement Program (STIP) and State Highway Operation and Protection programs (SHOPP) that will benefit local transportation programs and projects. It also funds several competitive programs such as the Active Transportation Program
19.1 (ATP), Transit and Intercity Rail Capital Program (TIRCP), Solutions for Congested Corridors, Local-State Partnership Program and Caltrans’ planning grants. The City Council has approved grant submissions for the Active Transportation Program, State Local Partnership Program and Caltrans planning grants in the past.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
Application for funding is not a project.
HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Condition:
Economic Security & Mobility: By accepting these funds, the city gains access to additional financial resources, which reduces the burden on its general fund and allows for greater flexibility in budgeting. This, in turn, enables the City to allocate more funding toward other essential services and community priorities.
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: SB 1 has a positive impact to the City transportation and maintenance budget by providing an estimated $1,697,389 in new Gas Tax revenue to the FY 2026 CIP. Additionally, other SB 1 programs will fund important transportation projects in the City and region.
Prepared By:
Miguel Lizarraga
Associate Professional
Engineer
Submitted By:
Nathan Nguyen, P.E.
Director of Public Works
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION.DOC
2. CSC SB1 PROJECT LIST – FY 2026.DOCX
19.2 RESOLUTION NO. NSRESOLUTION OF THE CITY OF SANTA CRUZ ADOPTING THE FY 2026 LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Santa Cruz are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Santa Cruz must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Santa Cruz will receive an estimated $1,697,389 in RMRA funding in Fiscal Year 2026 from SB 1; and
WHEREAS, the City of Santa Cruz has undergone a thorough public process to ensure public input into our community’s transportation and infrastructure priorities through consideration of the City’s Capital Improvement program at public meetings before the Transportation and Public Works Commission and, the City Council, and through social media; and
WHEREAS, the City of Santa Cruz uses a variety of tools to develop the Capital Investment Program, such as a Pavement Management System, operational resources and public input to develop the SB 1 projects to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the FY 2026 funding from SB 1 will help the City of Santa Cruz maintain, rehabilitate and restore the city’s infrastructure including street storm drains and catch basins citywide to prevent flooding, storm damage repair projects, rehabilitate arterial streets that include pedestrian and bicycle systems improvements that improve access and safety in Santa Cruz in FY2026; and that SB 1will fund many similar and larger projects into the future; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City of Santa Cruz’s streets and roads are in a “Good” condition with a current average PCI of 61 and this revenue will help us increase the overall quality of our road system and over the next decade will assist in bringing our streets and roads into a “Very Good”
19.3 RESOLUTION NO. NScondition, PCI goal of over 70 as well as repair other deficiencies and improve our multi-modal transportation system; and
WHEREAS, without revenue from SB 1, the City of Santa Cruz, would otherwise fall further behind in maintaining our street infrastructure, not be able to reduce flooding impacts, and limit our ability to improve access and safety for our community; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and
WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm-to-market needs, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the City and State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on maintenance and safety, investing in complete streets infrastructure, and using appropriate technology, materials and practices, will have significant positive co-benefits in and for our community.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Santa Cruz that the:
1. The foregoing recitals are true and correct.
2. The City of Santa Cruz hereby adopts the SB 1Road Maintenance and Rehabilitation Account (RMRA) Project List for FY 2026 as follows:
New Projects
City Arterial and Collector Street Reconstruction and Overlay 2026
19.4 RESOLUTION NO. NSThis project will include: milling (Cold-In Place-Recycling if conditions warrant), correcting subgrade issues, paving, sidewalk and crosswalk improvements, safety improvements (including striping).
Project locations: Morrissey Blvd from Pacheco Ave to Prospect Heights, Prospect Heights from Morrissey Blvd to Pacheco Ave, Pacheco Ave from Prospect Heights to Morrissey Blvd, Encinal St from River St (Highway 9) to Dubois St, Dubois St from Encinal St to Harvey West Blvd, Harvey West Blvd from Dubois St to Coral St, and Coral St from Harvey West Blvd to River St (Highway 9).
This project is expected to begin on March 1, 2026, and to be completed by September 31, 2026.
The expected useful life for these improvements is approximately 15 years.
3. The following previously approved and adopted project may also utilize Fiscal Year 2026 SB1 Road Maintenance and Rehabilitation (RMRA) account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
City Arterial and Collector Street Reconstruction and Overlay 2026 This project will include: milling (Cold-In Place-Recycling if conditions warrant), correcting subgrade issues, paving, sidewalk and crosswalk improvements, safety improvements (including striping).
Project Location: Bay Street from Lennox Street to Mission Street (Rte 1).
This project is expected to begin on March 1, 2026, and to be completed by September 31, 2026.
The expected useful life for these improvements is approximately 15 years.
PASSED AND ADOPTED this 27th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
19.5 RESOLUTION NO. NSBonnie Bush, City Clerk Administrator
19.6 City of Santa Cruz
(To City Council for approval May 27, 2025)
Road Maintenance and Rehabilitation Account (RMRA) Project List (SB1) – FY 2026 Total Project Costs: $4,000,000
Total RMRA Funds: $1,697,389
Project Type Project Name Total Project
Est. Cost
SB 1
Portion
Estimated
Project Start
Date
Estimated Project
Completion Date
Community Benefit
Summary
Pavement,
Sidewalk and
Access Ramps
Arterial,
Collector and
Street
Reconstruction
$4,000,000 $1,697,389 07/01/25 06/30/26 Improve multimodal road conditions for
all users including
accessibility.
Specific Project Locations:
Morrissey Blvd from Pacheco Ave to Prospect Heights
Prospect Heights from Morrisey Blvd to Pacheco Ave
Pacheco Ave from Prospect Heights to Morrissey Blvd
Encinal St from River St (Highway 9) to Dubois St
Dubois St from Encinal St to Harvey West Blvd
Harvey West Blvd from Dubois St to Coral St
Coral St from Harvey West Blvd to River St (Highway 9)
Bay Street from Railroad Tracks to Mission Street
Expected Project Useful Life: 5 to 15 years.
19.7 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Water
SUBJECT: Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 (WT)
LOCATION: County
RECOMMENDATION: Motion to:
1) Authorize the City Manager to execute Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 with Auten Resource Consulting in a form approved by the City Attorney; and 2) Find the Agreement to be exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.
BACKGROUND: The City of Santa Cruz Water Department (Water Department or Department) manages nearly 4,000 acres of property in the San Lorenzo River and Laguna Creek watersheds for the purposes of drinking water source protection. Forest management is of the utmost importance in the Department’s efforts to protect its drinking water supplies.
In 2019, the Water Department hired Sicular Environmental Consulting and Natural Lands Management (Sicular) to evaluate opportunities and constraints for improved forest management to ensure forest health on the City’s watershed lands.
In 2021, the City’s Water Commission supported a staff recommendation, based on a report from Sicular, to explore the Integrated Production and Restoration forest management alternatives to focus on fuel management and restoration with limited commercial timber harvesting. Following a formal Request for Proposal process in July of 2022, the Water Department entered into a contract with Auten Resource Consulting (ARC) in the amount of $61,284.48 to operationalize the recommendations of the Integrated Production and Restoration alternative. The contract was amended (First Amendment) in December of 2023 to extend the terms of the agreement to prepare a Final Recommendations Report. The final report, Newell Creek Watershed Forest Stewardship Recommendations (Auten Resource Consulting 2024), is available here:
https://www.cityofsantacruz.com/home/showpublisheddocument/102183). The report recommends a range of forest management activities such as forest density reduction/large tree
20.1 restoration and forest health fuels reduction. In November 2024 and February 2025, staff presented these recommendations to the Water Commission for review and approval.
To implement the recommendations by Sicular and ARC, City Council Policy 11.3 - Timber Harvests in Watershed Areas and Preservation of Old Growth Trees, required some minor modifications. At its March 25, 2025 meeting, City Council approved the staff recommended modifications to this policy. Specifically, a motion carried to repeal City Council Policy 11.3 - Timber Harvests in Watershed Area and Preservation of Old Growth Trees and replace it with City Council Policy 11.3 - Forest Management of Water Department Watershed Lands, which includes a) additional old growth tree characteristics that will facilitate their protection and b) the ability to commercialize forest products in alignment with c) the requirement to reinvest revenue from such commercialization into other Water Department watershed restoration work.
DISCUSSION: Under this Second Amendment, ARC will continue efforts to implement recommendations of the Integrated Production and Restoration alternative discussed above.
Specifically, ARC will prepare and submit a Forest Resilience Exemption form to CalFire to allow for implementation of timber harvest activities in the areas identified as Unit #1, Unit #2, and Unit #4 in Newell Creek Watershed Forest Stewardship Recommendations (Auten Resource Consulting 2024), as shown in Figure 1. Forest Resilience Exemptions are intended to streamline the permitting process for projects that meet specific criteria and involve the harvesting of trees for the purpose of forest resiliency and fire protection, such as reducing flammable materials to reduce fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns. Water Department staff will inform Council regarding any timber harvest activities.
20.2 20.3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This item allows for the planning and permitting of the proposed project; approval of the proposed agreement with ARC is categorically exempt from environmental review under the California Environmental Quality Act under CEQA Guidelines Section 15306, Information Collection. A Notice of Exemption will be filed by staff following City Council approval. CEQA review, if needed, will be conducted prior to any timber harvest activities subsequent to issuance of a Forest Resilience Exemption by CalFire and prior to approval of the project.
Approval of the Agreement with ARC does not constitute approval of any timber harvesting activities or other activities directly affecting the physical environment. If CalFire approves the City’s request for a Forest Resilience Exemption from the requirement to prepare a Timber Harvesting Plan (THP), the City will have to make a separate discretionary decision as to whether to accept and approve the City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 as the proposal is approved, or approved with conditions or modifications, by CalFire. At that time, the City will have to determine whether environmental review is required or whether the project may be categorically exempt from CEQA (such as, for example, under the Class 4 categorical exemption for Minor Alterations to Land).
HEALTH IN ALL POLICIES (HiAP): The City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 Project aligns with the City’s HiAP pillars of public health and sustainability by supporting environmental and public health, increasing resilience to climate change, improving water supply reliability, potentially reducing water treatment costs, and providing other benefits to both City operations and stakeholders in our drinking water source watersheds. Furthermore, these changes support the HiAP equity pillar by enabling revenue from forest products to fund other forest health, restoration, and drinking water source protection goals that might otherwise require financial support from water rates.
Additionally, future forest health-related work is expected to involve significant stakeholder engagement.
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: The combined total of the Professional Services Agreement ($61,284.48, FY2023), First Amendment ($57,321.98), and this Second Amendment ($98,120.00, FY2025) is $216,726.46. The Watershed Section operating budget has sufficient funds in Fiscal Year 2025 to implement this project.
Prepared By:
Zeke Bean
Associate Planner II
Submitted By:
Heidi Luckenbach
Water Director
Approved By:
Matt Huffaker
City Manager
20.4 ATTACHMENTS:
1. PROFESSIONAL SERVICES AGREEMENT FOR CITY OF SANTA CRUZ WATERSHED LANDS FOREST MANAGEMENT PROJECT – NEWELL CREEK TRACT PHASE 1.PDF
2. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CITY OF SANTA CRUZ WATERSHED LANDS FOREST MANAGEMENT PROJECT – NEWELL CREEK TRACT PHASE 1.PDF
3. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CITY OF SANTA CRUZ WATERSHED LANDS FOREST MANAGEMENT PROJECT – NEWELL CREEK TRACT PHASE 1.PDF
20.5 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
PROFESSIONAL SERVICES AGREEMENT FOR
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Auten Resource Consulting (ARC) (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of April 1, 2023 (the “Effective Date”).
NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:
SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.
SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and warrants that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.
Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.
If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.
Consultant shall meet with Rosemary Menard, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.
SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.
The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of 1 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.6 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit A and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit A. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.
Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $61,284.48 without advance written City authorization in the form of an amendment or change order.
Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task in the Scope of Work in Exhibit A. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.
All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.
SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit A shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on December 31, 2023.
Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The 2 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.7 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.
The Work Schedule for completion of the work shall be as shown upon Exhibit A. In the event that major changes are ordered, the schedule for completion as stated in Exhibit A may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.
Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any Force Majeure event which is beyond the party's reasonable control. Consultant will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement.
The City reserves the right to obtain the item(s) and/or services covered by this Agreement from another source during any on-going suspension of service due to the circumstances outlined above.
Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit A in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.
SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.
The City or Consultant may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.
The City may, at its option, allow Consultant to cure its failure to perform within 15 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within such time period to the City’s satisfaction.
Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.
Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages 3 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.8 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.
SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit B. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.
SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.
In the event this Agreement involves the performance of design professional services by Consultant, Consultant’s officers, employees, agents, or subcontractors, Consultant’s costs to defend Indemnitees shall not exceed the Consultant’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.
SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.
SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief. The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court, shall govern all matters relating to the validity, 4 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.9 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
interpretation, and effect of this Agreement and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.
Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit A.
SECTION 14: MISCELLANEOUS PROVISIONS
1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work.
No change in assignment may occur without prior written approval of the City.
2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.
3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.
7. Conflicts of Interest. Consultant owes City a duty of undivided loyalty in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant 5 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.10 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.
8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.
9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.
To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.
If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.
10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use 6 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.11 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.
12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to 7 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.12 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
respond to the CPRA request, City may disclose the requested information without any liability to Consultant.
Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
14. Licensure. Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.
For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.
15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.
16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; 8 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.13 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices
18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.
19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly 9 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.14 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.
20. Complete Agreement. This Agreement, along with any attachments, is the full and complete integration of the Parties’ agreement with respect to the matters addressed herein, and that this Agreement supersedes any previous written or oral agreements between the Parties with respect to the matters addressed herein. Unless otherwise stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.
21. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
22. Waiver. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.
23. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law.
24. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
25. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.
26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:
To CITY:
City of Santa Cruz Water Department
Attn: Chris Berry
212 Locust St
Santa Cruz, CA 95060
[email protected]
(831) 420-5483
To CONSULTANT:
Auten Resource Consulting
Steve Auten
116 Martinelli St., Suite 8
Watsonville, CA 95076
[email protected]
(831) 228-1800
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
27. Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original. 10 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.15 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
28. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
11 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.16 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
Approved As To Form:
By: _____________________________ Date: __________________ Office of the City Attorney
CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager
CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 12 March 24, 2023
DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627 Steve Auten Principal/Owner
3/24/2023
20.17 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
EXHIBIT A: SCOPE OF WORK, FEE SCHEDULE AND WORK SCHEDULE 13 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.18 Revised December 23rd, 2022
Attn: Chris Berry
123 Jewell St.
Santa Cruz, CA 95060
[email protected].
RE: City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 Plan Request for Proposals-Revised
Auten Resource Consulting (ARC) is pleased to provide qualifications and a specific proposal for professional services for the City of Santa Cruz Watershed Lands-Newell Creek Tract. Following the submittal of our original bid, the City of Santa Cruz requested some clarifications regarding the ARC Newell Creek Tract Phase 1 Plan Bid. We are pleased to have the opportunity to provide some clarification on those items and include an alternate timeline for your consideration.
On July 29th, 2022, The City of Santa Cruz Water Department (COSCWD) sent out a Request for Proposals related to the renewed interest in forest management activity on COSCWD Watershed lands, in particular the Newell Creek Tract. This is part of the re-evaluation of the long-standing custodial management strategy initiated in 2002. Several contributing factors came into play for this re-evaluation, including drought conditions and advancement in the understanding of local fire ecology, and redwood forest fire dynamics following the CZU August Lightning Complex fire.
The COSCWD contracted with Sicular Environmental Consulting and Natural Lands Management to evaluate future opportunities and constraints for forest management that would be more protective of water resources and other natural resource values found on the City’s watershed lands.
In their report to the COSCWD, Sicular Environmental Consulting and Natural Lands Management, provided a high-level analysis of management options ranging from the current custodial approach to a Timber Harvesting option that is more revenue-focused and involves more intense forest management than The City has conducted under past management strategies. Sicular identified moderate level harvesting, areas for restoration, and fuel management priorities as the highest quality opportunity COSCWD watershed protection objectives.
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20.19 ARC attended the mandatory pre-proposal meeting on August 24th, 2022 and is enthusiastic about the opportunities that have been outlined by Sicular Environmental Consulting and supported by the COSCWD. We have reviewed the details and requirements of the Project Description for the Newell Creek Tract Phase 1 Plan and believe we can provide an important next step in the re-visioning of the how the COSCWD manages and cares for its watershed lands.
Our proposal is a departure from what has been requested in the Invitation for Proposal, and we are aware that this may preclude our proposal from consideration. However, we are compelled to provide the best proposal possible to assist in ultimately achieving the stated goals of the COSCWD. Simply stated ARC would ask The City of Santa Cruz to consider working towards a more refined set of specific prioritized project treatment areas and treatment prescriptions. ARC is working with several different agencies restarting their vegetation and restoration treatments on forests that have not had significant management activities in decades. This includes several State and County parks in the Santa Cruz Mountains and other private lands. ARC has been successfully moving these projects forward under a strategy that we would be happy to meet and discuss with you if there is interest. This strategy has successfully treated over 600 acres in the last two years with many more in the cue. Because of this and our interest to work with The City of Santa Cruz, we hope you’ll also consider an alternate timeline.
It is our goal to provide the next step in the path outlined by Sicular Environmental Consulting, with more detailed site-specific direction and a comprehensive and fine scale suite of options for COSCWD to consider and undertake. These would include field verified COSCWD Newell Creek Watershed mapping in GIS, specific treatment units for possible Commercial Timber Harvest, Forest Health Treatments focused on understory fuels, Forest Restoration, fuel breaks and possible streamlined permitting options for those treatments.
Thank you for the opportunity to provide this proposal.
Steve R. Auten, RPF #2734
Principal
15 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.20 Statement of Qualifications
Auten Resource Consulting (ARC), is dedicated to providing experienced forestry and land stewardship services to large landowners and collaborative partners across the Santa Cruz Mountains since opening its doors in August of 2019.
The ARC team has two Registered Professional Foresters, Steve Auten and David Van Lennep, who together have over 50 years of experience working in restorative, sustainable forest management within various forest ecosystems in the Santa Cruz Mountains.
Together with assistant foresters Shelby Kranich, Riley McFarland, and Chloe Knowd, ARC can offer a wealth of skill, knowledge, and experience.
ARC is experienced in planning and obtaining various permits, including CalVTP Project Specific Analyses (PSAs) and CEQA equivalent permits, such as Timber Harvest Plans, Nonindustrial Timber Management Plans, Exemptions, and Emergency Notices, used to conduct several approved local forest health fuels reduction projects. ARC has several CAL FIRE Forest Health Grant (FHG) projects that focused on prescribing treatments to improve the overall health of the forest stand through promoting increased biodiversity in the understory and creating an ecosystem more resilient to wildfire and disease.
Through these projects, among others, ARC has developed a refined skillset to conduct field investigations and verification, GIS analyses and map development, project implementation oversight, strategic treatment planning, prioritized treatment analyses, oversee CEQA and Forest Practice Rule compliance, and facilitate interagency communications and coordination.
ARC has participated in both partnership and stand-alone projects at the forefront of efforts to re-evaluate and adjust existing practices and standards to adapt existing and future forest conditions and climate, with a goal of making landscape-level forest restoration and wildfire risk reduction more achievable.
ARC values collaboration with landowners, agencies, and organizations on a local and regional level to strategically develop successful project or landscape level outcomes.
Through significant years of experience conducting post-fire recovery assessments, forest monitoring, assessing, and repairing critical infrastructure, and watershed related wildfire effects on various public and private landownerships following the 2009 Lockheed Fire and 2020 CZU Lightning Complex Fire.
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20.21 ARC provides a high-quality team of professionals to represent the client and their objectives. We pride ourselves in our professional conduct and work ethics 17 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.22 Statement of Environmental Conservation and Sustainable Living Practices ARC is a small family-owned business wholly contained within Santa Cruz County and dedicated to conservation on a landscape level in the region. Where possible, zero emissions tools are acquired and utilized, and at-capacity occupancy of vehicles encouraged when conducting field work.
ARC currently provides superior employee benefit policies which promote and encourage employees to live locally. No small endeavor for a small business, however ARC strongly believes in providing a work environment where professional employees can live and prosper in the area. Currently there are four full-time benefitted professional employees, and owner Steve Auten, living in Santa Cruz County.
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20.23 Auten Resource Consulting Team Structure
ARC provides an effective team with the ability to work efficiently and independently to accomplish tasks, communicate with clients and contractors, and adjust to shifting site conditions to meet the project goals. Each team member is professional and capable of a wide range of tasks and duties. Fieldwork is carried out by all staff members based on project allocations.
Project Staff are located at:
Auten Resource Consulting
116 Martinelli Street, Suite #8
Watsonville CA, 95076
Principal - Steve Auten RPF # 2734
ARC owner and forester Steve Auten has managed forestland, chaparral, grassland, and riparian habitats on agricultural operations and large landownerships for over 22 years in the Santa Cruz Mountains. Mr. Auten is a Registered Professional Forester of 19 years with a master's degree in Forestry, focusing on wildfire tree mortality. He also holds a Bachelor of Science in Forestry with a concentration in Wildlife. Both degrees are from Cal Poly, San Luis Obispo.
Upon graduation, Mr. Auten worked as a forester for Big Creek Lumber Company for 5 years and then worked as a forester and operations manager for Cal Poly Swanton Pacific Ranch for 14 years. Mr. Auten opened ARC’s doors on August 5th, 2019, with the intent of making a difference in forestry, fuels, and resource management in the Santa Cruz Mountains.
Mr. Auten is well-versed in many aspects of land stewardship and operating on large ownerships under multiple resource disciplines that consider sensitive resources, evaluating operational infrastructure, prescribing and supervising land stewardship treatments, mapping, permitting, agency negotiations, long term planning and budgeting, rural facility and emergency management, sustainability and certification, and carbon analysis. His unique experiences in stewarding diverse and sensitive ecosystems while managing a balance of economic, social, and biological aspects make him and ARC the right choice for Wildfire Risk Reduction Assessments and/or Planning, Landscape Level Forest Health Fuel Reduction, and general forestry and land management services.
Senior Forester - David Van Lennep RPF # 2591
ARC Senior Forester, Registered Professional Forester #2591. Born in Southern California, David began a path towards forestry from a love of the outdoors, cultivated by Scouting, 19 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.24 and family camping trips. He attended Humboldt State University, graduating in 1992 with a Bachelor of Science in Forestry. Mr. Van Lennep has been managing timberlands, both large and small, primarily in Santa Cruz, Santa Clara, and San Mateo counties since 1993.
Beginning in 1995, he has been responsible for managing a portfolio of private lands. Key management goals were to increase productivity and growth, schedule and manage harvest entries and permitting, oversee maintenance and provide input and objectives for planning and budgets on short- and long-term horizons.
He began his forestry career working seasonal job appointments on Public Lands, first for the Bureau of Land Management in Northern California, then with the U.S. Forest Service in Southern California (1988-1993). In 1993, he moved to the Santa Cruz area and began work in the forest with a local Forestry Consultant. In 1995, David took a position with Redwood Empire Sawmills where he was responsible for fieldwork and administration of Timber Harvest Plans, including tree planting operations. Later he was charged with log procurement and log transportation for company lands and private sales. His responsibilities steadily grew to include supervision of Southern Area operations, area employees, property value assessment, and regional liaison to several regulatory oversight bodies.
During this time Mr. Van Lennep has gained extensive experience with the resource management needs of small and large landowners, and how to successfully translate landowner goals on the landscape. Key skills for success have been the ability to work with contractors on complex projects and building trust with stakeholders and public trust agencies by producing consistent high-quality project outcomes.
Assistant Forester III Shelby Kranich
ARC Assistant Forester III, Shelby Kranich graduated from Cal Poly San Luis Obispo in 2019 with a Bachelor of Science in Forestry concentrating in Wildland Fire and Fuels Management. Ms. Kranich was born and raised in the Santa Cruz Mountains and spent several summers in college working on the steep forested terrain of the Santa Cruz Mountains conducting field work and planning for all aspects of forestry. Much of her college forestry experience consisted of collecting data for the assessment of tree mortality following the 2009 Lockheed Fire.
Ms. Kranich began working for ARC in June 2020 and since has developed a wide skillset developing and permitting some of the largest forest health and fuels reduction projects completed in the Santa Cruz Mountains. Ms. Kranich operates as a project lead developing, permitting, and supporting large scale CalVTP PSAs in the Santa Cruz Mountains including contractor and permit compliance. Ms. Kranich also specializes in field verification, layout, 20 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.25 GIS, vegetation mapping, forest measurements, agency negotiations, surveys for cultural and historic resources, and a wide array of permit development.
Assistant Forester II Riley McFarland
ARC Assistant Forester II, Mitchell “Riley” McFarland graduated from Cal Poly San Luis Obispo in 2019 with a Bachelor of Science in Forestry concentrating in Watershed Management and Hydrology. Mr. McFarland was raised near the Sierra Nevada Foothills in Northern California and grew up exploring forested environments along the American River. As a young adult, Mr. McFarland was first exposed to land stewardship through involvement in community agriculture NGOs and an interest in fisheries management.
Upon completion of a vegetation mapping internship in Southeast Alaska and his B.S. degree, Mr. McFarland is now working in the coast redwood forests of the Santa Cruz Mountains.
Mr. McFarland operates as a project lead on large scale forest health fuels reduction projects and conducts contractor and regulatory compliance under the CalVTP and other permitting mechanisms. Mr. McFarland’s specialties include forest structural measurements, inventory and trend monitoring, streamflow assessment, GIS analysis, permit document preparation and review, technical report writing, critical thinking, and agency communications.
Assistant Forester I Chloe Knowd
ARC Assistant Forester I, Chloe Knowd, graduated from Cal Poly, San Luis Obispo in 2020 with a Bachelor of Science in Environmental Management and Protection and a minor in Biology. She grew up in eastern San Diego County, California where she discovered her passion for spending time in the mountains and at the ocean. Ms. Knowd spent several summers in college assisting with field biology work including construction compliance and Cal Poly research projects. Her interest in forest management piqued during her time spent learning and working at Cal Poly’s Swanton Pacific Ranch as a watershed intern. Postgraduation, Ms. Knowd homed in on her interest in forest management while performing layout and marking hazard trees as a Forestry Technician in the Lake Tahoe Basin.
Following her time spent in the Sierras, Ms. Knowd was hired by the Cal Fire Soquel Demonstration State Forest as a Forestry Aide to perform fuels reduction handwork, layout, and data collection in the Santa Cruz Mountains. Ms. Knowd is glad to now work as a member of the ARC team and continue to be a part of forest health fuels reduction projects in the Santa Cruz Mountains.
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20.26 Ms. Knowd provides project support by assisting in preparation of CalVTP PSAs, conducting contractor and permit compliance, GIS mapping, data processing, and performing forest measurements.
ARC General Project Experience
• Developing programmatic permits and streamlined permitting tools for forest health and fire resiliency.
• Providing technical assistance, outreach, and education to landowners to design, permit, and implement projects for forest health, fire resiliency, and vegetation management.
• Regulatory Agency communications and interactions on project specific details. • Support overseeing project implementation for fuel reduction, tree removal, revegetation, etc.
• Participation in the development of outreach materials and participation in outreach efforts with stakeholders.
• Increasing the health and fire resiliency of forests and associated ecosystems through large-scale forest health and vegetation management projects across hundreds of acres on public and private lands.
ARC Specific Project Examples
PROJECT NAME: Los Gatos Creek Watershed Collaborative Forest Health Grant Brief description of project:
ARC worked alongside Santa Clara County FireSafe Council (SCCFSC) and landowners including San Jose Water, Midpeninsula Regional Open Space District, and Santa Clara County Parks to develop a CAL FIRE CCI Grant Application.
The collaborative project was awarded a $7,500,000 CAL FIRE Forest Health Grant to conduct a mosaic of forest health treatments over 955 acres of land within the Los Gatos Creek Watershed. Vegetation treatments and strategic, field verified treatment areas were designed to build on work already completed or in progress by project partners to establish healthy, resilient fire-adapted ecosystems, protect watershed resources, promote carbon storage, and reduce the risk of catastrophic 22 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.27 wildfire. Vegetation treatment prescriptions focus on masticating understory vegetation and trees up to 8 inches Diameter at Breast Height (DBH), removing dead, dying and diseased trees, managing Douglas-fir encroachment, and improving ecosystem resiliency.
Following the Collaborative’s grant award, ARC continued to participate in the project’s CEQA compliance and implementation phases at different levels among landownerships. ARC has completed project specifications, operational map development, completion and submittal of confidential Archaeological Survey Reports, project layout, sample marking, and will have some level of operational oversight during project implementation.
Date(s) constructed: May 2020 – Present (CEQA compliance and implementation phases).
Reference: Stephen Harrington (831) 419-2434 (HFR Project Coordinator, SCCFSC) PROJECT NAME: Forest Planning – Big Basin Redwoods State Park, Ano Nuevo State Park, and Butano State Park
Brief description of project:
Partnered with California State Parks Santa Cruz District and Save the Redwoods League, ARC is working to develop a post-CZU Fire forest management plan and permits for Big Basin Redwoods State Park (BBRSP), Ano Nuevo State Park (ANSP), and Butano State Park (BSP) that focus on improving the forestlands by conducting ecologically restorative treatments that increase resilience, biological diversity, and reduce the severity of future wildfire.
ARC conducted extensive post-2020 CZU Fire field reconnaissance, installed 264 forest trend monitoring plots, and assessed 264 sub-watersheds for restoration analyses over approximately 24,000 acres of land within BBRSP, ANSP, and BSP.
Much of the assessed parkland burned at moderate-high to high severity, resulting in a high degree of tree mortality across all forest types, including old growth redwood. Following initial field investigations, ARC utilized collected data to develop a set of prioritized treatment areas and conducted field verification to identify appropriate treatment prescriptions that could be implanted to achieve landowner goals.
Presently, ARC is generating a report that prioritizes a set of actionable post-fire treatments and will develop a forest management plan to be followed by with permit development and submittal.
23 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.28 Date(s) constructed: 2021 – Present (Developing Recommended Actions Report) Reference: Tim Hyland (831) 345-3331 (Senior Ecologist, CA State Parks) PROJECT NAME: Covell Ranch Forest Health Fuels Reduction Project Brief description of project:
The San Luis Obispo County Community Fire Safe Council received a Fire Prevention Grant to conduct forest health fuels reduction vegetation treatments across more than 600 acres of the Covell Ranch which borders most of the east side of Cambria, California. Restricting fire over the last 100 years, a lack of vegetation management, climate change, periods of successive drought, and significant development into the Wildland-Urban Interface, the Monterey pine forest in Cambria has increased in density to a point where forested stands exhibit significantly unhealthy forest characteristics, setting the stage for an extensive spread of disease and significant increase in the potential for a major fire event.
ARC developed a CalVTP PSA and conducted field investigations to design treatments throughout the Covell Ranch property that are intended to promote healthy growth of larger trees and allow sunlight to reach the forest floor to increase plant diversity, while also reducing ladder fuels and the associated fire hazard through the reduction of understory vegetation and trees up to 8 inches DBH.
While Monterey pine forests may survive low- to moderate-intensity surface fires in a well-spaced, healthy stand, the conditions present at Covell Ranch have the potential to exacerbate fire severity by allowing fire to mobilize into the forest canopy by way of excessive continuities of vertical and horizontal dead and dry fuels throughout the property. Crown fires in Monterey pine forests typically kill mature pine trees and spread rapidly at high intensities. The proposed removal of excess understory fuels and small diameter trees is expected to help prevent large-scale, stand replacement canopy fires in the Monterey pine forest at Covell Ranch.
Presently, initial treatment activities are still in progress on the Covell Ranch and ARC provides consultations and oversight on an as-needed basis.
Date(s) constructed: September 2020- October 2021 (Currently in implementation phase) Reference: Dan Turner (805) 458-3515 (Executive Director, FireSafe SLO) 24 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.29 PROJECT NAME: Climate and Habitat Resiliency Plan – Pescadero Creek County Park Brief description of project:
Following the 2020 CZU Lightning Complex Fire (CZU Fire), working under the directive of San Mateo County Parks (SMCP), ARC conducted field reconnaissance, forest trend monitoring, and assessments of Pescadero Creek County Park (PCCP) and its natural resources for the purpose of developing a management-focused plan that utilizes the most effective, efficient, and environmentally prudent methods feasible to achieve the ecological and recreational goals of SMCP.
ARC conducted park-wide field investigations to collect forest trend monitoring data and analyze areas to be considered for restoration in burned and non-burned areas to develop a set of prioritized recommended actions for PCCP. Approximately half of the property was affected by moderate to high severity fire during the CZU Fire that was highly influenced by an accumulation of horizontal and vertical fuels. Areas within the property that did not burn during the CZU Fire exhibit overstocked second growth redwood forests with hazardous ladder fuels.
The Climate and Habitat Resiliency Plan (CHRP), being the first of its kind, acts as a document capable of being amended by SMCP over time and provides comprehensive support of select management activities and recommended treatments and allows for streamlined project implementation and guidance for appropriate permitting.
Date(s) constructed: June 2021 – September 2022
Reference: Hannah Ormshaw (415) 530-1560 (Assistant Director, SMCP) 25 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.30 References
Tim Hyland
California State Parks
Senior Environmental Scientist
California State Parks
Santa Cruz District
303 Big Trees Park Road
Felton, CA 95018
(831) 335-6384
[email protected]
Stephen Harrington
Program Manager
Santa Clara County FireSafe Council
831-419-2434
www.SCCFireSafe.org
Hannah Ormshaw
San Mateo County Parks
Natural Resources Manager
455 County Center, 4th Floor
Redwood City, CA 94063
415-530-1560
[email protected]
Dan Turner
San Luis Obispo Community FireSafe Council
Business Manager
P.O. Box 5305
San Luis Obispo, CA 93403
805-458-3513
415-530-1560
26 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.31 SCOPE OF WORK
Task 1
Task 1- Item 1 - April 2023-June 2023 - EVALUATE AND PREPARE BACKGROUND INFORMATION AND CONDUCT PROJECT SCOPING ANALYSIS -Analyze background information provided by City of Santa Cruz (COSC) that includes management plans, general analysis for sensitive resources, and other pertinent information for the geographic area. Evaluate GIS information provided by COSC, any additional information that can be acquired from the fine scale mapping projects for Santa Cruz County. Complete a GIS analysis that strategically layers, or provides different maps sets, for current conditions including but not limited to, vegetation typing that broadly considers, vegetation, infrastructure, watercourses, priority project areas defined by COSC, latest CNDDB, slope, and summary acreages pertinent to potential project opportunities as it relates to COSC goals resulting in a new and updated Geodatabase for the property. The resulting maps should provide information and insight that support a Stage 1-2 field investigation for potential project areas to consider treatment prescription development and permitting alternatives.
Task 1 - Item 2 - July 2023 - August 2023 - CONDUCT FIELD INVESTIGATIONS Utilizing the mapping information from Stage 1-1, conduct a reconnaissance level survey to field verify map attributes and collect general information pertinent to developing prioritized treatment units and prescriptions for forest restoration activities and fuels reduction. The reconnaissance level survey shall consider access, value, permittability, forest stand structure, that would meet project goals provided by COSC and a permitting approach to implement treatments. Field investigation shall also consider potential research opportunities. Avenza© will be utilized to adjust and increase the accuracy of draft maps prepared and the mapping of initial information. At the end of each field day the geodatabase with Avenza© shapefile export and field notes collected by sub watershed.
Task 1- Item 3 - September 2023 - October 2023 - PREPARE A GENERAL ASSESSMENT
DOCUMENT WITH PRIROITIZED TREATMENT AREAS AND PRESCRIPTIONS, GIS GEODATABSE AND MAPS, AND POSSIBLE PERMITTING ACTIONS FOR COSC - The assessment document should include a summary of key resource findings from data gathered during field investigations, potential project areas and associated treatment prescriptions related to COSC project goals, permitting recommendations, and possible research opportunities. Provide updated georeferenced PDF maps initially created in STAGE 1 - 1.
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20.32 Task 1- Item 4 - General Meetings, Coordination, Communications- Encompasses emails, communications, meetings with COSC to coordinate any project actions or additional meetings that COSC may request for other purposes. Overages from other tasks may utilize this line item.
Task 1- Item 5 – Mileage and Travel.
COSTS AND JUSTIFICATION
Task 1 -Items 1-5, Total Cost $61,284.48 (see ATTACHMENT A for cost breakdown) The City of Santa Cruz (COSC) is re-evaluating and updating its land management approach and should have the best information available to provide solid foundation for future decisions. It is assumed that the COSC will have a significant number of stakeholders that will most likely be interested the specific details, scope and goals of any updated Watershed Management. In ARC’s experience working with other large organizations such as California State Parks, Local County Parks, Resource Conservations Districts, and other significantly sized 501 (c)3’s, the importance of appropriate, concise, and often frequent communication is imperative in moving a new age of stewardship forward. As a part of this communication, project specific information and data are important to establish careful stepwise decision making.
The timeline and deliverables are designed to provide the next step in reaching then stated goals of the COSC for the Newell Creek Watershed.
DELIVERABLES AND TIMELINE
• Maps and other Geospatial analysis compiled later than end of June 2023. • Field Investigations completed by the end of August 2023. • Prepare and deliver a General Assessment Document with specific prioritized treatment areas, treatment prescriptions, and permitting options by end of October 2023. 28 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.33 Attachment A
TASK ITEM Description RPF
Rate
Asst.
Forester II
Rate
Asst.
Forester I
Rate
RPF
Hours
Asst.
Forester
II Hours
Asst.
Forester I
Hours
RPF
Travel
AF II
Travel
AF I
Travel Totals
1 April 2023 - June 2023 - EVALUATE AND PREPARE BACKGROUND INFORMATION AND CONDUCT PROJECT SCOPING ANALYSIS - Analyze background information provided by City of Santa Cruz (COSC) that includes management plans, general analysis for sensitive resources, and other pertinent information for the geographic area. Evaluate GIS information provided by COSC, any additional information that can be acquired from the fine scale mapping projects for Santa Cruz County. Complete a GIS analysis that strategically layers, or provides different maps sets, for current conditions including but not limited to, vegetation typing that broadly considers, vegetation, infrastructure, watercourses, priority project areas defined by COSC, latest CNDDB, slope, and summary acreages pertinent to potential project opportunities as it relates to COSC goals resulting in a new and updated Geodatabase for the property. The resulting maps should provide information and insight that support a Stage 1-2 field investigation for potential project areas to consider treatment prescription development and permitting alternatives. STAFF - RPF Van Lennep, Assistant Forester (AF) Knowd or other AF $150 $110 $100 24 80 $11,600.00
2 July 2023 - August 2023 - CONDUCT FIELD INVESTIGATIONS Utilizing the mapping information from Stage 1-1, conduct a reconnaissance level survey to field verify map attributes and collect general information pertinent to developing prioritized treatment units and prescriptions for forest restoration activities and fuels reduction. The reconnaissance level survey shall consider access, value, permittability, forest stand structure, that would meet project goals provided by COSC and a permitting approach to implement treatments. Field investigation shall also consider potential research opportunities. Avenza© or ARC GIS Field Maps will be utilized to adjust and increase the accuracy of draft maps prepared and the mapping of initial information. At the end of each field day the geodatabase with Avenza© ARC GIS Field Maps shapefile export or Sync respectively and any field notes collected. STAFF - RPF Van Lennep, RPF Culver, Assistant Forester (AF) Knowd and/or other AF $150 $110 $100 80 40 40 7.0 3.5 $21,800.00 3 September 2023 - October 2023 - PREPARE A GENERAL ASSESSMENT AND
RECOMMENDED ACTION DOCUMENT WITH PRIORITIZED TREATMENT
AREAS AND PRESCRIPTIONS, GIS GEODATABSE AND MAPS, AND
POSSIBLE PERMITTING ACTIONS FOR COSC - The assessment document should include a summary of key resource findings from data gathered during field investigations, potential project areas and associated treatment prescriptions related to COSC project goals, permitting recommendations, and possible research opportunities. Provide updated georeferenced PDF maps initially created in STAGE 1 - 1. STAFF - RPF Van Lennep, Assistant Forester (AF) Knowd or other AF
$150 $110 $100 56 80 2.0 1.0 $16,800.00
4 General Meetings, Coordination, Communications: Entails emails, communications, meetings with COSC to coordinate any project actions or additional meetings that COSC may request for other purposes. Overages from other tasks may utilize this line item. STAFF - RPF Van Lennep, Assistant Forester (AF) Knowd or other AF $150 $110 $100 40 40 2.0 1.0 $10,400.00 5 MILEAGE (22 total trips @ $.62 per mile) 48 24 11.00 5.50 $684.48 Sub-Total 200 40 240 $61,284.48
* Travel Time is one-way
** Mileage is paid both ways
City of Santa Cruz (COSC) Proposal - Newell Creek
TASK 1 - EVALUATE AND PREPARE BACKGROUND INFORMATION AND CONDUCT PROJECT SCOPING ANALYSIS, CONDUCT FIELD INVESTIGATIONS, PREPARE A
GENERAL ASSESSMENT DOCUMENT WITH PRIROITIZED TREATMENT AREAS AND PRESCRIPTIONS, GIS GEODATABSE AND MAPS, AND POSSIBLE PERMITTING ACTIONS FOR COSC.
1 29
DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.34 ARC Rate Schedule
30 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.35 Subcontractor List
Coastal Forestry
318 Avalon Street
Santa Cruz, CA 95060
831-359-5989
31 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.36 Map Example: Los Gatos Creek Watershed Collaborative, Lands of San Jose Water Company, Midpeninsula Open Space District, and Santa Clara County Parks. (map not to scale). Additional maps can be made available if requested. 32 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.37 33
DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.38 Map Example: San Mateo County Parks – Huddart County Park, treatment area progress map (not to scale). Additional maps can be made available if requested.
34 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.39 Proposal Response Sheet
The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for “Newell Creek Watershed Lands Integrated Production & Restoration Forest Management Plan – Pilot Project” dated July 30, 2022, at the prices indicated herein. The undersigned, under penalty of perjury, declares not to be a party with any other business to an agreement to bid a fixed or uniform price in connection with this proposal. The unsigned declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this contract.
The undersigned recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.
Vendor Name: Auten Resource Consulting
Address: 116 Martinelli Street, Suite # 8
Telephone Number: 831 247-6697
Fax Number:
E-mail address: [email protected]
Signature of Authorized Representative:_____ __
Printed Name of Authorized Representative: David Van
Lennep_______________________________
If vendor is awarded the contract, will vendor extend contract terms and pricing to other government agencies?
Yes No X
35 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.40 36
DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.41 COASTAL FORESTRY
JOSEPH CULVER, PRINCIPAL
318 Avalon Street
Santa Cruz, CA 95060
(831) 359-5989
[email protected]
coastalforestry.com
Education
Bachelor of Science in Geology, University of California, Davis, 1993 Certification
Registered Professional Forester #2674, January 2000
CDF Archaeological Training Certificate, June 1996
Experience
My work has occurred primarily in the Santa Cruz Mountains (Santa Cruz, San Mateo and Santa Clara Counties) working with private timberland owners on managing their property for production of timber while maintaining and enhancing other forest values such as water quality, wildlife habitat, soil resources, recreation, and visual aesthetics.
Private Consulting Forester (January 2007 – present)
Staff Forester, Big Creek Lumber Company, Davenport, CA (February 2000 – July 2004) Associate Forester, Webster and Associates, Capitola, CA (May 1997 – January 2000) Forestry Technician, Stephen G Smith, Ben Lomond, CA (January 1994 – April 1997) Timber Harvest Plan (THP) and Non-industrial Timber Management Plans (NTMP) I have authored approximately 45 THP’s and 8 NTMP’s in my 28 years of forestry. These projects required the following tasks to meet completion:
• Prepared initial bids and contracts
• Completed THP/NTMP forms, technical addendums, cumulative impacts, plan amendments • Determined logging methods, designed road and trail systems • Assessed erosion hazard ratings, watercourse classifications and protection measures • Provided protection to biotic and biological resources • Surveyed property lines, drew maps and diagrams
• Marked timber, scaled log loads
• Supervised logging operations
• Performed erosion control including straw mulching, seeding, and waterbar maintenance • For NTMP, produced a sustained yield plan
Restoration Management
• Located areas most favorable for old growth restoration/preservation on lands of Cemex for Conservation Plan
• Old Growth Restoration Project on Lands of Sempervirens: focused silvicultural prescription on enhancing and growing trees with old growth characteristics Timber Stand Inventory (Timber Cruise)
• Determined conifer and hardwood volume totals and timber value • Attained stand distribution, species composition, basal area • Ascertained growth rates of stands through increment boring • Converted plot data into a statistical analysis of the timber stand • Calculated results from both fixed and variable plot sample points 37 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.42 Other Management Plans
• Emergency Notices: Salvage harvest of post CZU fire timberlands • Timber management Plans: described property characteristics to allow rezoning to TPZ • Tree Hazard Assessments: assessed health and stability of hazard trees • Forest Management Plans: evaluated and mitigated proposed building developments in a forest environment
• Line clearance work for utility company
Stewardship Incentive Program (SIP)
• Assessed property resources (timber, watercourses, wildlife, soil, historical, recreational) • Developed resource management plans for private landowners • Discussed proper management to protect and enhance resources Miscellaneous Forestry Activities
• Planted over 10,000 bare root conifers
• Evaluated post fire hazard trees along public right of way Professional Development
Watershed Academy (Fish and Game Workshop)
California Red-Legged Frog Workshop (Elkhorn Slough)
Erosion Control Workshop (RCD)
Forest Practices on Unstable Soils Workshop
Member of California Licensed Foresters Association
Pertinent Skill Set
Microsoft Word, Microsoft Excel, Arc GIS, Garmin GPS, Avenza 38 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.43 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
EXHIBIT B: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $1,000,000 PER OCCURRENCE OR CLAIM, $1,000,000 AGGREGATE.
Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• AUTOMOBILE LIABILITY:
Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
39 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.44 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
• WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. • NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
• SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
40 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.45 City of Santa Cruz
Professional Services Agreement for:
City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 April 2023
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL Policy listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant. 41 DocuSign Envelope ID: 6A947BCB-CEFC-433C-A8DC-4D75A8C2B627
20.46 First Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
Month, Year Page 1
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
AUTEN RESOURCE CONSULTING
_________________
THIS FIRST AMENDMENT (“First Amendment”), effective as of December 18, 2023, (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated April 1, 2023, is made by and between the CITY OF SANTA CRUZ (“City”) and Auten Resource Consulting (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated April 1, 2023, incorporated herein by this reference; and WHEREAS, City and Consultant desire to enter into this First Amendment to the Agreement to extend the term of the Agreement as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:
1. Section 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION, of the Agreement is hereby amended as follows: The termination date is extended to June 30, 2024.
2. The Work Schedule, previously included in Exhibit A to the Agreement, is modified by the New Work Schedule which is attached hereto as Exhibit A-1 and incorporated herein.
Except as amended by this First Amendment, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.
Each party acknowledges that it has reviewed this First Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this First Amendment.
The unenforceability, invalidity or illegality of any provision(s) of this First Amendment shall not render the other provisions unenforceable, invalid or illegal.
The Parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
20.47 First Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
Month, Year Page 2
The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.
[SIGNATURES ON FOLLOWING PAGE]
20.48 First Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
Month, Year Page 3
IN WITNESS WHEREOF, the City and the Consultant have executed this First Amendment effective as of the date first written above.
Signature Requirements for Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer Approved As To Form:
By: _____________________________ Date: ___________
Office of the City Attorney, Ashley Wheelock
CONSULTANT
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ By: _____________________________ Date: __________________ Printed: _________________________ Title: __________________ Date: __________________
CITY OF SANTA CRUZ
By: _____________________________
Rosemary Menard – Water Director
Dec 19, 2023
20.49 First Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
Month, Year Page 4
Exhibit A-1: New Work Schedule
City of Santa Cruz Water Department
Newell Creek Watershed – Forest Stewardship Recommendations Document 12/1/2023
Preparation Schedule
Task Due Date Comments
Annotated Outline Completed 11/8/23 Completed
COSC Review and Comments on Outline 11/22/23 Completed
ARC – DRAFT final Recommendations Document 1/19/24 Submit for Review to COSC COSC Review window for final comments 2/2/24 COSC completes review Feb 2 Incorporation of Final Comments and Final
Document submitted
2/23/24 Final Completed Document
20.50 Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
May, 2025 Page 1
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
AUTEN RESOURCE CONSULTING
THIS SECOND AMENDMENT (“Second Amendment”), effective as of _________, (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated April 1, 2023, is made by and between the CITY OF SANTA CRUZ (“City”) and AUTEN RESOURCE CONSULTING (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated April 1, 2023, incorporated herein by this reference; and WHEREAS, City and Consultant previously entered into a First Amendment to the Agreement on December 18, 2023 to extend the term of the Agreement; and WHEREAS, City and Consultant desire to enter into this Second Amendment to the Agreement to revise the Scope of Work and Fee Schedule, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Parties agree to the following:
Section 1: Scope of Work of the Agreement is hereby amended to replace the prior Scope of Work in Exhibit A of the Agreement with the amended Scope of Work, which is attached hereto as Exhibit A-2 and incorporated herein.
Section 4: Fees and Payment of the Agreement is hereby amended to replace the Fee Schedule in Exhibit A of the Agreement with the amended Fee Schedule, which is included in Exhibit A-2, which is attached hereto and incorporated herein.
Except as amended by this Second Amendment, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendments, shall remain in full force and effect. The terms of this Second Amendment shall control if any conflict exists.
Each party acknowledges that it has reviewed this Second Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Second Amendment.
The unenforceability, invalidity or illegality of any provision(s) of this Second Amendment shall not render the other provisions unenforceable, invalid or illegal.
20.51 Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
May, 2025 Page 2
The Parties may execute this Second Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
The signatories to this Second Amendment warrant and represent that each is authorized to execute this Second Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Second Amendment.
IN WITNESS WHEREOF, the City and the Consultant have executed this Second Amendment effective as of the date first written above.
Approved As To Form:
By: _____________________________ Date: ___________
Office of the City Attorney
CONSULTANT: AUTEN RESOURCE CONSULTING
By: _____________________________ Date: __________________ Steve Auten, Principal / Owner
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ Signature Requirements for Corporation: 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):
Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer
CITY OF SANTA CRUZ
By: _____________________________ Date: _________________ Matt Huffaker, City Manager
Technical Review By:
By: _____________________________ Date: ___________
Zeke Bean, Associate Planner II
CITY OF SANTA CRUZ WATER DEPARTMENT
By: _____________________________ Date: __________________ Heidi Luckenbach, P.E., Water Director
May 2, 2025
20.52 Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1
May, 2025 Page 3
EXHIBIT A-2
20.53 Notes/assumptions
Task Description PrincipalOwner Lead RPF
Registered
Professional
Forester
Senior
Associate
Forester
Associate
Forester
Assistant
Forester
III
Assistant
Forester
II
Assistant
Forester I Totals
ARC Per Hour/Rate $200 $170 $135 $130 $125 $115 $110 $105 1 Background - Evaluate background information and create Avenza maps for field work to prepare a CAL FIRE Forest Resilience Exemption (FRE) for treatment implementation 8 24 $4,120
2 CAL FIRE FOREST RESILIENCE EXEMPTION - Prepare and submit NAHC noticing for tribal consultation 2 8 $1,340
1.5 days to prepare notice, envelopes,
review and send
3 CAL FIRE FOREST RESILIENCE EXEMPTION - Conduct records check request for cultural resources from the Northwest Information Center 2 8 $1,340
1.5 days to prepare request, map,
review, submit, and follow with NWIC
4 CAL FIRE FOREST RESILIENCE EXEMPTION - Cost for Archaeological Records Check Request $750 Cost for records search by NWIC
5 CAL FIRE FOREST RESILIENCE EXEMPTION- Conduct a CNDDB query for within 5 miles of the proposed treatment area. 2 16 $2,340
Run CNDDB query, prepare database
and map.
6 CAL FIRE FOREST RESILIENCE EXEMPTION - Conduct field verifications to determine treatment area boundaries, yarding systems, roads classifications, public roads within 1/4 mile, significant or potential erosion sites on roads and landings, location of roads greater than 15% over 200 feet, location of any road failures, location of landings, location of excess material disposal on slopes greater than 40%. location of all watercourse crossings, erosion hazard ratings if more than one rating exists, locate and identify all watercourses, location of known unstable areas, understocked areas, forest site class, for determination of stocking standards, and location of any cultural or historic resources. 20 30 30 $10,600 2 days of RPF, and 3 days of associate
foresters work including travel and
recording key information gathered
onto project database
7 CAL FIRE FOREST RESILIENCE EXEMPTION MAPPING - Develop required maps including but not limited to treatment area boundaries, yarding systems, roads classifications, public roads within 1/4 mile, significant or potential erosion sites on roads and landings, location of roads greater than 15% over 200 feet, location of any road failures, location of landings, location of excess material disposal on slopes greater than 40%. location of all watercourse crossings, erosion hazard ratings if more that on rating exists, location of all watercourses, location of known unstable areas, understocked areas, location of site class, for determination of stocking standards, and location of any special treatment areas. 4 40 $5,680 Develop required maps and review by
RPF
8 CAL FIRE FOREST RESILIENCE EXEMPTION - SAMPLING - Install/remeasure a minimum of 2-4 Forest Trend Monitoring Plots or as needed to reasonably and representatively determine the Quadratic Mean Diameter of the forested area proposed for treatment and evaluate post harvest canopy stocking levels. Re measure these plots following completion of operations to provide on RM-71 form to report to CAL FIRE. 20 20 $4,800
Conduct minimal required sampling to
determine QMD values
9 CAL FIRE FOREST RESILIENCE EXEMPTION - Prepare the Forest Resilience Exemption including but not limited to identifying the RPF, Licensed Timber Operator, and Timberland Owners of Record, any timber tax information required as part of the form, define the pre-harvest stand structure and post harvest stand structure per requirements for Quadratic Mean Diameter Evaluation, define how trees will be selected. 16 40 $7,720
RPF and Associate/Assistant RPF
prepare the form, review, and
submittal, contact from CAL FIRE
regarding submittal.
10 CAL FIRE FOREST RESILIENCE EXEMPTION - Conduct tree marking on the projected area of the FPPE, but not more than 20 acres, if project is expanded. 40 40 40 $16,400 Minimum required mark RPF, associate
forester and assistant finalize mark for a
full day plus travel
City of Santa Cruz Water District - CAL FIRE Forest Resilience Exemption and Treatment Implementation Beginning - 6/1/2025
20.54 11
CAL FIRE FOREST RESILIENCE EXEMPTION - Prior to beginning timber operations the RPF shall notify CAL FIRE, RWQCB, CDFW, and CGS of the actual commencement day of operations 2 $340
Required contact expecting response
and likely pre-operational site visit
12 CAL FIRE FOREST RESILIENCE EXEMPTION- Submit RM-71 Stocking completion report 2 8 $1,340
Required form to certify QMD
requirement has been met
13 CAL FIRE FOREST RESILIENCE EXEMPTION - Prepare draft project specifications, revise, support contract and bid prospectus development, and conduct bid walk with contractors. 20 20 $5,900
Prepare document to be inserted into
SCWD contact and attend bid walk with
contractors and SCWD.
14 CAL FIRE FOREST FIRE PREVENTION EXEMPTION - Conduct pre-operational meeting with LTO 10 10 $2,950
Conduct site visit with LTO prior to
operations
15 CAL FIRE FOREST RESILIENCE EXEMPTION - Conduct contractor compliance supervision of treatment operations. 40 30 30 $14,000
Accounts for 9 total days of supervision
plus travel
16 CAL FIRE FOREST RESILIENCE EXEMPTION - Agency site meetings including a minimum of one required inspection by CAL FIRE who will also notify RWQCB, CDFWW, and CGS seven (7) days prior to the inspection. Includes one additional optional meeting for SCWD staff, management, or critical stakeholders. 20 20 20 $8,200 17 CERTIFIED PAYROLL IF APPLICABLE
18 General Meetings, Decision Support, Coordination, Communications, Final Changes Upon Project Review - May entail general support for the SCWD including site visits, project level GIS mapping, reporting, coordination amongst stakeholders, community outreach, project travel time, review presentations, email, admin billing, general project coordination among the project team. 10 40 20 $9,300 This line item to include project
outreach, and messaging support, public
meetings and field tours.
19 ARC Flagging and other project supplies $1,000
$98,120
* Travel time is billed both ways by task where appropriate *No Timber Operations shall occur prior to approval of Forest Resilience Exemption, a CEQA compliant permit, which is approved by CAL FIRE, and a review of the project by the City of Santa Cruz. This is related to some activities in Tasks 11-16. * Not-to-exceed price - This proposal is based on a not-to-exceed price estimate to perform the proposed scope of work. Monthly invoices will be submitted on a time and materials basis within each billing period. This estimate will not be exceeded without prior approval from the client.
NOTE: Such costs are based on an estimate of the current anticipated needs of the projects described herein. Any additional work conducted outside the scope of this project as may be agreed to by the parties is subject to additional fees and costs.
TOTAL
* CAL FIRE FOREST RESILIENCE EXEMPTION is time and materials and does not account for any biological or geologic surveys that could be required
* In the event that Certified Payroll is to be required on Environmental Planning Permit, costs will be determined and added to Project Budget.
COST TO BE DETERMINED AND ADDED TO PROJECT
* Staff Assignment - Work has been assigned to the identified staff or labor category. ARC may reassign tasks to different staff or labor categories, as long as the total contract price is not exceeded
* Price allocation to tasks - The proposed price has been allocated to tasks. ARC may reallocate budget among tasks, as needed, as long as the total contract price is not exceeded.
20.55 Newell Creek Watershed Stewardship Recommendations East Loch Lomond Restoration Area
0 0.4 Miles
¯
Scale 1:10,000 DVL 1/19/24
COCS Lands
Roads
Newell Creek Crossing
Watercourse (approx.)
Class I
Class II
Class III
E. Loch Lomond Exemption
Unit #1-18 ac.
E. Loch Lomond Restoration
THP Unit #2-17 ac.
Mechanical-239 ac.
Loch Lomond
E. Loch Lomond Manual-8 ac.
East Loch Lomond
Forest Health Unit #4
(12 acres)
20.56 City Council
AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Planning and Community Development
SUBJECT: Establishment of Downtown Density Bonus Fees and Charges (PL) LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution creating the fees and charges for projects using the Downtown Density Bonus.
BACKGROUND: On May 13, 2025, the City Council adopted a resolution establishing the Downtown Density Bonus as part of the Downtown Plan Expansion project. The Downtown Density Bonus includes options that involve financial contributions (fees) from the developer to the City of Santa Cruz (City) and other charges, such as penalties for non-compliance. This item is to formally establish those new fees and charges by Council Resolution.
DISCUSSION: There are three different ways a project could qualify for the Downtown Density Bonus that involves exaction of fees. The first option is an in-lieu fee option that would require the developer to pay $60 per square foot of the market rate project to the City’s Affordable Housing Trust Fund that the City can then use towards developing, preserving, deed restricting, or otherwise providing below market rate housing.
A second possibility is that the developer seeks the Downtown Density Bonus option of providing below market rate units off-site but eventually does not perform. If the d irectors of Planning and Community Development and Economic Development and Housing determine that the off-site project has not made sufficient progress to meet the timing expectations laid out in the Downtown Density Bonus policy, the City reserves the right to require full payment of inlieu fees immediately, inclusive of a 10% penalty. The determination of the directors is appealable to the City Council, with the applicant responsible for covering City costs associated with bringing such an appeal to hearing.
The third Downtown Density Bonus qualification option that involves fees is for developers to dedicate land to allow for below market rate housing off-site. Under this scenario, in addition to providing a qualifying land dedication, the developer would pay $9.54 per square foot of off-site affordable housing dwelling unit area that the developer would be required to provide to the
21.1 City’s Affordable Housing Trust Fund. The developer would also be required to pay the City an amount equivalent to one year’s salary plus benefits of a City Development Manager to account for the additional staff time needed to facilitate the development of below-market rate housing on the dedicated land.
The Downtown Density Bonus fee schedule will be adjusted annually to account for cost inflation, adjusting automatically on January 1 of each year, beginning in 2026, with the adjustment based on the year-over-year percentage change in the Consumer Price Index.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
Pursuant to CEQA Guidelines Sections 15061(b)(3) and 21080(b)(8), the enactment of these fees constitutes a project which is statutorily exempt from the requirements of the CEQA.
Specifically, the establishment of these voluntary fees is not a project under CEQA because the fees themselves do not create any physical change to the environment. As such, establishment of these fees merely provides the City with the procedural authority to exact said fees if and when any such development project might be applied for or proposed. Additionally, some of the fees directly cover operating expenses for the City, which are also exempt under CEQA. On a broader level, the fees were contemplated as part of the Downtown Plan Expansion, a project for which a Subsequent Environmental Impact Report was prepared and certified.
HEALTH IN ALL POLICIES (HiAP): The goal of 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 Downtown Density Bonus fees will contribute to this goal by providing funding for below market rate housing through the City’s Affordable Housing Trust Fund. This promotes fiscal sustainability through revenue collection to provide below market rate housing, thereby supporting broader equity, public health, and sustainability goals by creating greater amounts of below market rate housing in the City.
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: If developers choose to pursue Downtown Density Bonus options that involve these fees, the funding to cover the time a City Development Manager spends in furthering affordable housing initiatives represents a positive fiscal impact on the general fund. While the Affordable Housing Trust Fund is not a part of the general fund, the revenues going to the Affordable Housing Trust Fund nevertheless have a positive fiscal benefit to the City, as they help the City further one of its core missions of providing affordable housing.
Prepared By:
Matthew VanHua, AICP
Principal Planner
Submitted By:
Lee Butler, LEED AP, AICP
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENT:
1. RESOLUTION.DOC
21.2 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ CREATING
DOWNTOWN DENSITY BONUS FEES AND CHARGES FOR DEVELOPMENT
PROJECTS
WHEREAS, on May 13, 2025, the City adopted Resolution NS-30,487 amending the Downtown Plan, a specific plan, with policy to establish a Downtown Density Bonus available to certain properties in exchange for contributions to the City’s below market rate housing stock; and WHEREAS, projects pursuing use of the Downtown Density Bonus must meet one of five qualifying criteria, one of which is a fee in lieu of construction, one of which allows for off-site construction of below market rate housing, and one of which allows for dedication of land entitled for development of below market rate housing; and
WHEREAS, the development of housing affordable to households of all income levels is an important exercise of the City’s police power; and
WHEREAS, the City contracted with Keyser Marston in 2024 to determine the appropriate level of fee to create when funds are provided in lieu of development of housing, based on market rate and below-market-rate rents; and
WHEREAS, the amount of the in-lieu fee is set at $60 per square foot of leasable space, a rate sufficient to ensure that the housing created using funding from the fee will be provided at deeper levels of affordability than the below market rate housing that might otherwise have been built on site with the Downtown Density Bonus project; and WHEREAS, paying the in-lieu fee as described in the Downtown Plan will qualify a development proposal to receive the benefits of the Downtown Density Bonus; and WHEREAS, development pursuing the option to dedicate land entitled for below-market rate housing to the City of Santa Cruz in order to qualify for the Downtown Density Bonus will be required to financially contribute to the cost of City staff needed to manage the development of the parcel with housing, and also to the payment of fees to further support the provision of affordable housing in the City; and
WHEREAS, City staff estimates that the amount of staff cost equivalent to the cost of one year of salary plus benefits for a Development Manager will be needed to manage the development of a housing project on land dedicated for that purpose; and WHEREAS, analysis of recent housing developments has demonstrated that, on average, each square foot of leasable space requires $9.54 in development fees, which is a cost that must be borne by the project applicant pursuing the Downtown Density Bonus; and
21.3 WHEREAS, the City seeks to ensure compliance with the provisions of the Downtown Density Bonus Policy and has therefore included a clause authorizing the application of a penalty for non-performance by developers pursuing the option to develop below market rate housing offsite at a rate of the entire amount of in lieu fee that would otherwise have been required plus an additional penalty of ten percent (10%); and
WHEREAS, the Downtown Density Bonus Fees schedule will be adjusted annually to account for cost inflation, adjusting automatically on January 1 of each year, beginning in 2026, with the adjustment based on the year-over-year percentage change in the Consumer Price Index; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the foregoing recitals are true and correct, and are incorporated herein by reference; and BE IT FURTHER RESOLVED that the City Council adopts the Downtown Density Bonus Below Market Rate Housing In Lieu Fee, the Downtown Density Bonus fee for Land Dedication; and the 10% penalty as detailed in subsection 14 of section K of Chapter 4 of the Downtown Plan, and incorporates said fee into the Citywide Fee Schedule, effective sixty (60) days after passing of this resolution.
PASSED AND ADOPTED this 27th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
21.4 ORDINANCE NO. 2025-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RESCINDING SANTA CRUZ MUNICIPAL CODE SECTION 21.07.020 PURSUANT TO A SETTLEMENT AGREEMENT THAT PROTECTS TENANTS AT THE ST. GEORGE
APARTMENTS
WHEREAS, via Ordinance No. 2024-16 the Santa Cruz City Council added Section
21.07.020 to the Santa Cruz Municipal Code, effective on October 24, 2024; and WHEREAS, in November 2024, the City was sued in federal court by GVC St. George, LLC (“GVC”), a property owner affected by Section 21.07.020. Among other claims, GVC alleged that Section 21.07.020 violated its right to a fair return on investment. The parties have reached a settlement in the above case, whereby GVC has agreed to provide rent increase protections to impacted tenants in exchange for the City’s repeal of Section 21.07.020; and WHEREAS, under the terms of the settlement, GVC has agreed to refrain from increasing rents more than 8.8% on impacted tenants that do not receive housing voucher support. The settlement agreement allows larger permissible rent increases for housing units that receive housing voucher support. However, because these tenants’ rents are primarily paid by housing vouchers, the out-of-pocket rental amounts paid by tenants will not significantly increase.
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Santa Cruz as follows:
SECTION 1. Section 21.07.020 “Extending AB 1482 Rent Increase Protections upon Expiration of Rental Restrictions” is hereby rescinded and Section 21.07.030 “Civil Remedies” is hereby recodified as Section 21.07.020. Chapter 21.07 is amended as follows:
“Chapter 21.07
TENANT PROTECTIONS ABOVE AB 1482 REQUIREMENTS
21.07.010 EXTENDING AB 1482 PROTECTIONS TO SECTION 8 TENANTS.
Notwithstanding the language of California Civil Code Section 1946.2(e)(9), the no-fault just cause eviction protections of Section 1946.2 shall be applicable to tenants receiving subsidy through the Section 8 Housing Choice Voucher Program or the Section 8 Project Based Voucher Program. A full month’s rent shall be provided for relocation assistance, including both the tenant’s portion of the payment and the voucher amount. Any rent control protections that Section 8 Housing Choice Voucher holders are afforded by AB 1482 shall also be applied to such Section 8 Housing Choice tenants.
22.1 ORDINANCE NO. 2025-10
2 21.07.020 CIVIL REMEDIES.
Failure by a landlord to comply with the terms of this chapter shall be an affirmative defense to any unlawful detainer action pending or filed on or after its effective date. In addition, tenant may bring a civil suit in the courts of the state for injunctive relief and damages, alleging that a landlord has violated any of the provisions of this chapter. In a civil suit, a landlord found to violate this chapter shall, in addition to injunctive relief, be liable to the tenant for all actual damages, as well as an award of reasonable attorneys’ fees and costs. Additionally, upon a showing that the landlord has acted willfully or with oppression, fraud, or malice, the tenant shall be awarded treble damages.
No administrative remedy need be exhausted prior to filing suit pursuant to this section.” SECTION 2. This ordinance shall take effect and be in force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 13th day of May, 2025, by the following vote:
AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
22.2 ORDINANCE NO. 2025-10
3 PASSED FOR FINAL ADOPTION this 27th day of May, 2025, 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. 2025-10 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
_________________________________
Bonnie Bush, City Clerk Administrator
22.3 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:
May 21, 2025
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 21st day of May, 2025, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
22.4 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 21st day of May, 2025, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2025-10, 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 21st day of May, 2025, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
22.5 City Council
AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Planning and Community Development
SUBJECT: 2
nd Reading and Final Adoption of Ordinance No. 2025-12 to Amend the Zoning Designation of the Northern Four Acres of 2394 Delaware Avenue From R-1-5 (Single Family Residence District) to E-A (Exclusive Agricultural District); 2nd Reading and Final Adoption of Ordinance No. 2025-13 to Amend the Zoning Designation of the Southern Approximately
6.3 Acres of 2394 Delaware Avenue From R-1-5 (Single Family Residence District) to R-L (Multiple Residence – Low-Density District); and Resolution for Local Coastal Program (LCP) Amendments to Certify the Northern Four Acres of 2394 Delaware Avenue Into the LCP, Including Assignment of the Coastal Appeal Zone Level of Permit Authority and Assignment of the Agriculture/Grazing Land Use Designation, and to Amend the Text of the Agriculture/Grazing Land Use Designation Description within the LCP Land Use Plan (LCLUP). Amendments to the Subject Site’s Zoning, Certification Into the LCP, and LCLUP Text Amendments Are Part of the LCP Implementation Plan and LCLUP and Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone. (PL)
LOCATION: District 6
RECOMMENDATION: Motion to:
1) Adopt Ordinance 2025-12 amending the zoning designation of the northern four acres of the subject site;
2) Adopt Ordinance 2025-13 amending the zoning designation of the southern approximately 6.3 acres of the subject site;
3) Adopt a resolution to certify the northern four acres of the subject site into the Local Coastal Program (LCP), including assignment of an Agriculture/Grazing LCP land use designation and Coastal Appeal zone permitting authority and making associated amendments to the Local Coastal Land Use Plan text; and
23.1 4) Adopt a resolution directing the City Manager to submit to the California Coastal Commission the ordinance rezoning the northern four acres of the subject site and the resolution to certify the northern four acres of the subject site into the Local Coastal Program (LCP), including assignment of an Agriculture/Grazing LCP land use designation and Coastal Appeal zone permitting authority and making associated amendments to the Local Coastal Land Use Plan text.
BACKGROUND: At the November 19, 2024 City Council meeting, the City Council adopted a motion directing staff to expeditiously process an amendment to the General Plan 2030 Land Use Map to designate the northern 4 acres of the 11-acre Swenson parcel as Agriculture/Grazing (AG) land, an amendment to the Zoning Ordinance to classify these 4 acres as Exclusive Agricultural District (E-A), and a LCP Amendment for submittal to the California Coastal Commission (Coastal Commission) to designate these 4 acres as Agriculture/Grazing (AG) land, while meeting state law “no net loss” requirements.
At the May 13, 2025 City Council meeting, the City Council heard a proposal for general plan, zoning, and LCP amendments associated with the property at 2394 Delaware Avenue consistent with the direction from the November 19, 2024 City Council meeting.
The City Council adopted a resolution (vote 6-0) to change the general plan land use designation of the northern and southern portions, respectively, of the subject property and make associated amendments to the general plan text related to this site. City Council also approved the first reading of two ordinances (vote 6-0) to rezone those respective portions of the site consistent with the changes to the general plan land use designation.
DISCUSSION:
The ordinances to rezone the northern and southern portions of the subject site are attached for a second reading. As the site is in the Coastal Zone, the rezone(s) require Coastal Commission approval as an LCP amendment before they can take effect. If the City Council adopts the ordinances, only the ordinance amending the zoning designation for the northern four acres will be submitted to the Coastal Commission at this time. The rezoning of the southern 6.3 acres may be submitted later through a future Council resolution requiring action at another Council meeting.
The attached resolution to certify the northern four acres of the site into the LCP, including assignment of an Agriculture/Grazing LCP land use designation and Coastal Appeal zone permitting authority and making associated amendments to the LCP text, requires one approval hearing from City Council. The proposed amendments within this resolution also require approval from the California Coastal Commission prior to taking effect.
An attached resolution directs the City Manager to submit the ordinance changing the zoning designation of the northern four acres of the subject site and the LCP amending resolution to the Coastal Commission to certify. If the resolution is adopted at this hearing, the Coastal Commission is anticipated to act on this item in the Summer of 2025.
23.2 Prepared By:
Clara Stanger
Senior Planner
Submitted By:
Lee Butler, LEED AP, AICP
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. ORDINANCE REZONING THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE.DOC
2. EXHIBIT A TO ORDINANCE REZONING THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE.PDF
3. ORDINANCE REZONING THE SOUTHERN APPROXIMATELY 6.3 ACRES OF 2394 DELAWARE AVENUE.DOC
4. EXHIBIT A TO ORDINANCE REZONING THE SOUTHERN APPROXIMATELY 6.3 ACRES OF 2394 DELAWARE AVENUE.PDF
5. RESOLUTION TO AMEND THE LCLUP TO CERTIFY THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE AND FOR RELATED LCLUP TEXT AMENDMENTS, CLEAN.DOC
6. EXHIBIT A TO RESOLUTION TO AMEND THE LCLUP TO CERTIFY THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE AND FOR RELATED LCLUP TEXT AMENDMENTS.PDF
7. EXHIBIT B TO RESOLUTION TO AMEND THE LCLUP TO CERTIFY THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE AND FOR RELATED LCLUP TEXT AMENDMENTS.PDF
8. EXHIBIT C TO RESOLUTION TO AMEND THE LCLUP TO CERTIFY THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE AND FOR RELATED LCLUP TEXT AMENDMENTS.PDF
9. RESOLUTION TO AMEND THE LCLUP TO CERTIFY THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE AND FOR RELATED LCLUP TEXT AMENDMENTS, TRACK CHANGES.DOC
10. RESOLUTION DIRECTING CITY MANGER TO SUBMIT THE ORDINANCE REZONING THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVE AND THE
LCP AMENDING RESOLUTION TO THE CALIFORNIA COASTAL
COMMISSION.DOC
23.3 ORDINANCE NO. 2025-12
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING THE ZONING MAP RELATING TO THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE, ASSESSOR’S PARCEL NUMBER 003-061-09 IN THE R-1-5/CZ-O ORIGINAL JURISDICTION (SINGLE FAMILY ZONE/COASTAL ZONE OVERLAY – ORIGINAL PERMIT JURISDICTION) DISTRICT. THE ZONING MAP IS PART OF THE LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN (LCP IP) AND THE AMENDMENT
THERETO WILL REQUIRE APPROVAL BY THE CALIFORNIA COASTAL COMMISSION PRIOR TO TAKING EFFECT INSIDE THE COASTAL ZONE. (CEQA:
EVALUATED UNDER AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN 2030.)
WHEREAS, the Homeless Garden Project, a local nonprofit organization that provides organic agriculture job training to homeless individuals, among other services, has been utilizing the subject location for organic gardening since 1995 and wishes to make this site the garden’s permanent location; and
WHEREAS, on November 19, 2024, the City Council adopted a motion directing staff to make the subject general plan and zoning changes to the subject site while ensuring conformance with state law requiring no net loss of housing potential to facilitate creation of a permanent site for the Homeless Garden Project; and
WHEREAS, on December 10, 2024, the City Council adopted a motion to waive processing fees for the Homeless Garden Project with respect to the motion from the November 19, 2024 City Council meeting; and
WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission reviewed the proposed amendments to the Zoning Map 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 April 17, 2025 meeting, the Santa Cruz Planning Commission considered the proposed amendment to the Zoning Map 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 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 April 17, 2025 meeting, the Santa Cruz Planning Commission adopted a motion recommending that the City Council approve the proposed amendments; and
23.4 ORDINANCE NO. 2025-12
2 WHEREAS, Government Code Section 66300(b)(1) that prohibits a local jurisdiction from changing the general plan land use designation, rezoning, or taking another action that would have the effect of reducing the residential capacity of a site, with an exception under Government Code Section 66300(h) that allows such a reduction in capacity if the local jurisdiction concurrently upzones another site at the same hearing of the legislative body so that the result is no net loss of housing potential among the sites; and
WHEREAS, today’s City Council agenda includes two additional proposals to rezone sites that would increase the City’s housing potential, and that each, on its own, would ensure no net loss of today’s housing potential if approved today; and WHEREAS, the proposed amendments have been analyzed under an addendum to the EIR for General Plan 2030, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
NOW, THEREFORE, BE IT ORDAINED By the City Council of the City of Santa Cruz as follows:
Section 1. The Zoning Map shall be amended to change the zoning designation of the northern four acres of the subject site from Single-Family Residential (R-1-5) to Exclusive Agriculture (E-A) as depicted in Exhibit A.
Section 2. 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 have been considered under an addendum to the EIR for General Plan 2030 dated April 10, 2025.
Section 3. 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 4. This ordinance is part of the Local Coastal Program and 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.
23.5 ORDINANCE NO. 2025-12
3 PASSED FOR PUBLICATION this 13th day of May 2025, by the following vote:
AYES: Councilmembers Trigueiro, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 27th day of May 2025 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. 2025-12 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
_________________________________
Bonnie Bush, City Clerk Administrator
23.6 23.7
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:
May 21, 2025
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 21st day of May, 2025, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
23.8 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 21st day of May, 2025, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2025-12, to wit:
1. City Hall: 809 Center Street: Bulletin Board outside Room 9/10
2. City Hall: Bulletin Board outside Council Chambers
3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—3.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st day of May, 2025, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
23.9 ORDINANCE NO. 2025-13
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING THE ZONING MAP RELATING TO THE SOUTHERN APPROXIMATELY 6.3 ACRES OF 2394 DELAWARE AVE, ASSESSOR’S PARCEL NUMBER 003-061-09, IN THE R-1-5/CZ-O ORIGINAL JURISDICTION (SINGLE FAMILY ZONE/COASTAL ZONE OVERLAY – ORIGINAL PERMIT JURISDICTION) DISTRICT. THE ZONING MAP IS PART OF THE LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN (LCP IP) AND THE AMENDMENT
THERETO WILL REQUIRE APPROVAL BY THE CALIFORNIA COASTAL COMMISSION PRIOR TO TAKING EFFECT INSIDE THE COASTAL ZONE. (CEQA:
EVALUATED UNDER AN ADDENDUM TO THE EIR FOR GENERAL PLAN 2030.) WHEREAS, the Homeless Garden Project, a local nonprofit organization that provides organic agriculture job training to homeless individuals, among other services, has been utilizing the northern four acres of 2394 Delaware Avenue for organic gardening since 1995 and wishes to make this site the garden’s permanent location; and
WHEREAS, Government Code Section 66300(b)(1) that prohibits a local jurisdiction from changing the general plan land use designation, rezoning, or taking another action that would have the effect of reducing the residential capacity of a site, with an exception under Government Code Section 66300(h) that allows such a reduction in capacity if the local jurisdiction concurrently upzones another site at the same hearing of the legislative body so that the result is no net loss of housing potential among the sites; and
WHEREAS, on November 19, 2024, the City Council passed a motion directing staff to make general plan and zoning changes to the northern four acres of the subject site while ensuring conformance with state law requiring no net loss of housing potential to facilitate creation of a permanent site for the Homeless Garden Project; and
WHEREAS, on December 10, 2024, the City Council passed a motion to waive processing fees for the Homeless Garden Project with respect to the motion from the November 19, 2024 City Council meeting; and
WHEREAS, the zoning designation change for the southern approximately 6.3 acres of the site would ensure no net loss of today’s housing potential between the northern and southern ends of the site; and
WHEREAS, General Plan Action LU 1.1.4 calls for the site to include the Low-Medium Density (LM) land use designation, and the Multiple Residence – Low-Density (R-L) zone district implements that designation; and
WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission reviewed the proposed amendments to the Zoning Map and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed
23.10 ORDINANCE NO. 2025-13
2 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 April 17, 2025 meeting, the Santa Cruz Planning Commission considered the proposed amendment to the Zoning Map 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 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 April 17, 2025 meeting, the Santa Cruz Planning Commission passed a motion that recommended the City Council approve the proposed amendments; and WHEREAS, today’s City Council agenda includes proposals to rezone both the northern and southern portions of the site that would ensure no net loss of housing potential if both were approved today; and
WHEREAS, the proposed amendments have been analyzed under an addendum to the EIR for General Plan 2030, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. The Zoning Map shall be amended to change the zoning designation of the southern approximately 6.3 acres of the subject site from Single-Family Residential (R-1-5) to Multiple Residence – Low-Density (R-L) as depicted in Exhibit A.
Section 2. 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 have been considered under an addendum to the EIR for General Plan 2030 dated April 10, 2025.
Section 3. 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 4. This ordinance is part of the Local Coastal Program and 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.
23.11 ORDINANCE NO. 2025-13
3 PASSED FOR PUBLICATION this 13th day of May, 2025, by the following vote:
AYES: Councilmembers Trigueiro, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 27th day of May 2025 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. 2025-13 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
_________________________________
Bonnie Bush, City Clerk Administrator
23.12 23.13
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:
May 21, 2025
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 21st day of May, 2025, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
23.14 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 21st day of May, 2025, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2025-13, 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 21st day of May, 2025, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
23.15 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING THE CITY’S LOCAL COASTAL PROGRAM BY CERTIFYING THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE, ASSESSOR’S PARCEL NUMBER 003-061-09, INTO THE LOCAL COASTAL PROGRAM; AMENDING MAP LCP-8: COASTAL COMMISSION REVIEW AND AUTHORITY; AMENDING MAP L-10, THE LAND USE
DIAGRAM OF THE LOCAL COASTAL LAND USE PLAN TO DESIGNATE THE LAND USE OF THE NORTHERN FOUR ACRES OF THE SITE AS AGRICULTURE/GRAZING;
AND AMENDING THE DESCRIPTION OF THE AGRICULTURE/GRAZING (AG) LAND USE DESIGNATION.
WHEREAS, the Homeless Garden Project, a local nonprofit organization that provides organic agriculture job training to homeless individuals, among other services, has been utilizing the northern four acres of 2394 Delaware Avenue for organic gardening since 1995 and wishes to make this site the garden’s permanent location; and
WHEREAS, the site is not currently certified within the City’s Local Coastal Program and is within the California Coastal Commission’s original permitting jurisdiction; and WHEREAS, on November 19, 2024, the City Council passed a motion directing staff to make general plan and zoning changes and to adopt a Local Coastal Program (LCP) Amendment for submittal to the Coastal Commission to designate the northern four acres of the subject site as Agriculture/Grazing (AB) land, among other direction; and WHEREAS, on December 10, 2024, the City Council adopted a motion to waive processing fees for the Homeless Garden Project with respect to the motion from the November 19, 2024 City Council meeting; and
WHEREAS, minor amendments to the Local Coastal Land Use Plan’s description of the Agriculture/Grazing land use designation are needed to allow for smaller sites to obtain such designation, when appropriate; and
WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission considered the proposed 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 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 April 17, 2025 meeting, the Santa Cruz Planning Commission adopted a motion recommending that the City Council approve the proposed amendments; and
23.16 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, the City Council conducted a public hearing on May 13, 2025, where it adopted a resolution to amend the general plan land use designation of the subject site and approved for publication an ordinance to amend the zoning of the northern four acres of the subject site; and
WHEREAS, the City Council conducted a public hearing on May 27, 2025; and WHEREAS, the proposed amendments have been analyzed under an addendum to the EIR for General Plan 2030, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
Section 1. That it hereby adopts the amendment to Map LCP-8: Coastal Commission Review and Authority to certify the northern four acres of the subject site into the Local Coastal Program and designate this portion of the site as within the Coastal Appeal Zone area of permit authority, as shown in Exhibits A and B.
Section 2. That it hereby adopts the amendment to Map L-10, the Land Use Diagram of the Local Coastal Land Use Plan, to change the land use designation of the northern four acres of the site to Agriculture/Grazing (AG), as shown in Exhibit C.
Section 3. That it hereby adopts the amendments to the text of the Local Coastal Land Use Plan, page 57, regarding the description of the Agriculture/Grazing land use designation as follows:
Agriculture/Grazing designations include land that is used for production of food and fiber. This designation includes grazing land on the western edge of the City and grasslands of UCSC. Smallscale agricultural uses also exist in Golf Club Drive, Harvey West area, the UCSC agroecology farm and in many private gardens and a few community gardens throughout the community but are not typically designated in agriculture/grazing uses.
PASSED AND ADOPTED this 27th day of May, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
23.17 RESOLUTION NO. NS-XX,XXX
3 ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
23.18 23.19
23.20 23.21
RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING THE CITY’S LOCAL COASTAL PROGRAM BY CERTIFYING THE NORTHERN FOUR ACRES OF 2394 DELAWARE AVENUE, ASSESSOR’S PARCEL NUMBER 003-061-09, INTO THE LOCAL COASTAL PROGRAM; AMENDING MAP LCP-8: COASTAL COMMISSION REVIEW AND AUTHORITY; AMENDING MAP L-10, THE LAND USE
DIAGRAM OF THE LOCAL COASTAL LAND USE PLAN TO DESIGNATE THE LAND USE OF THE NORTHERN FOUR ACRES OF THE SITE AS AGRICULTURE/GRAZING;
AND AMENDING THE DESCRIPTION OF THE AGRICULTURE/GRAZING (AG) LAND USE DESIGNATION.
WHEREAS, the Homeless Garden Project, a local nonprofit organization that provides organic agriculture job training to homeless individuals, among other services, has been utilizing the northern four acres of 2394 Delaware Avenue for organic gardening since 1995 and wishes to make this site the garden’s permanent location; and
WHEREAS, the site is not currently certified within the City’s Local Coastal Program and is within the California Coastal Commission’s original permitting jurisdiction; and WHEREAS, on November 19, 2024, the City Council adopted a motion directing staff to make general plan and zoning changes and to adopt a Local Coastal Program (LCP) Amendment for submittal to the Coastal Commission to designate the northern four acres of the subject site as Agriculture/Grazing (AB) land, among other direction; and WHEREAS, on December 10, 2024, the City Council adopted a motion to waive processing fees for the Homeless Garden Project with respect to the motion from the November 19, 2024 City Council meeting; and
WHEREAS, minor amendments to the Local Coastal Land Use Plan’s description of the Agriculture/Grazing land use designation are needed to allow for smaller sites to obtain such designation, when appropriate; and
WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission considered the proposed 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 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 April 17, 2025 meeting, the Santa Cruz Planning Commission adopted a motion recommending that the City Council approve the proposed amendments; and
23.22 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, the City Council conducted a public hearing on May 13, 2025, at which it adopted a resolution to amend the general plan land use designation of the subject site and approved for publication an ordinance to amend the zoning of the northern four acres of the subject site; and
WHEREAS, the City Council conducted a public hearing on May 27, 2025; and WHEREAS, the proposed amendments have been analyzed under an addendum to the EIR for General Plan 2030, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:
Section 1. That it hereby adopts the amendment to Map LCP-8: Coastal Commission Review and Authority to certify the northern four acres of the subject site into the Local Coastal Program and designate this portion of the site as within the Coastal Appeal Zone area of permit authority, as shown in Exhibits A and B.
Section 2. That it hereby adopts the amendment to Map L-10, the Land Use Diagram of the Local Coastal Land Use Plan, to change the land use designation of the northern four acres of the site to Agriculture/Grazing (AG), as shown in Exhibit C.
Section 3. That it hereby adopts the amendments to the text of the Local Coastal Land Use Plan, page 57, regarding the description of the Agriculture/Grazing land use designation as follows:
Agriculture/Grazing designations include land that is used for production of food and fiber. This designation includes grazing land on the western edge of the City and grasslands of UCSC. Smallscale agricultural uses also exist in Golf Club Drive, Harvey West area, the UCSC agroecology farm and in many private gardens and a few community gardens throughout the community but are not typically designated in agriculture/grazing uses.
PASSED AND ADOPTED this 27th day of May, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
23.23 RESOLUTION NO. NS-XX,XXX
3 ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
23.24 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT ORDINANCE 2025- 12 AMENDING THE ZONING MAP FOR THE NORTHERN FOUR ACRES OF 2394
DELAWARE AVENUE AND RESOLUTION NS-XX,XXX AMENDING THE LOCAL
COASTAL PROGRAM LAND USE PLAN AS LOCAL COASTAL PROGRAM
AMENDMENTS TO THE CALIFORNIA COASTAL COMMISSION FOR FINAL
CERTIFICATION
WHEREAS, the Homeless Garden Project, a local nonprofit organization that provides organic agriculture job training to homeless individuals, among other services, has been utilizing the subject location for organic gardening since 1995 and wishes to make this site the garden’s permanent location; and
WHEREAS, the site is not currently certified within the City’s Local Coastal Program (LCP) and is within the California Coastal Commission’s original permitting jurisdiction; and WHEREAS, on November 19, 2024, the City Council adopted a motion directing staff to make the subject general plan and zoning changes to the subject site while ensuring conformance with state law requiring no net loss of housing potential to facilitate creation of a permanent site for the Homeless Garden Project; and
WHEREAS, on December 10, 2024, the City Council adopted a motion to waive processing fees for the Homeless Garden Project with respect to the motion from the November 19, 2024 City Council meeting; and
WHEREAS, minor amendments to the Local Coastal Land Use Plan’s description of the Agriculture/Grazing land use designation are needed to allow for smaller sites to obtain such designation, when appropriate; and
WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission reviewed the proposed amendments to the Zoning Map and Local Coastal Program 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 April 17, 2025 meeting, the Santa Cruz Planning Commission considered the proposed amendment to the Zoning Map 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 been determined not to be detrimental to the public health, safety, or welfare; and (4) the proposed amendment has
23.25 RESOLUTION NO. NS-XX,XXX
2 been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA); and WHEREAS, at its April 17, 2025 meeting, the Santa Cruz Planning Commission adopted a motion recommending that the City Council approve the proposed amendments; and WHEREAS, the proposed amendments have been analyzed under an addendum to the EIR for General Plan 2030, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
WHEREAS, the City Council conducted a public hearing on May 13, 2025 and approved the first reading of an ordinance to rezone the northern four acres of the subject site; and WHEREAS, the City Council conducted a public hearing on May 27, 2025 and adopted a resolution to amend the Local Coastal Program to certify the northern four acres of the site into the Local Coastal Program along with other related amendments to the text of the Local Coastal Program Land Use Plan; and
WHEREAS, the City Council directs the City Manager to submit the ordinance amending the Zoning Map for the northern four acres of 2304 Delaware Avenue and the Local Coastal Program amendments in resolution NS-xx,xxx as Local Coastal Program Amendments to the California Coastal Commission for final certification; and WHEREAS, the City Council now finds:
1. The proposed amendments to the Zoning Map and Local Coastal Land Use Plan are in the public interest as they promote long-term agricultural use and further the intention of the City to support job training services for those who need them the most.
2. The proposed amendments to the Zoning Map and Local Coastal Land Use Plan are consistent and compatible with the General Plan and any implementation programs that may be affected.
3. The proposed amendments to the Zoning Map and Local Coastal Land Use Plan are intended to be carried out in a manner fully in conformity with the Coastal Act (CA Section 30510).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Manager is directed to submit the aforementioned amendments to the Local Coastal Program, including but not limited to Local Coastal Program Land Use Plan Text and Map amendments and Local Coastal Program Implementation Plan zoning amendments, as approved by the Council on May 13, 2025 and May 27, 2025, to the Coastal Commission for certification.
BE IT FURTHER RESOLVED, that amendments to the Local Coastal Program will become effective inside the Coastal Zone upon final certification by the California Coastal Commission.
PASSED AND ADOPTED this 27th day of May, 2025 by the following vote:
23.26 RESOLUTION NO. NS-XX,XXX
3 AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
23.27 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Economic Development and Housing
SUBJECT: Approval of 2025-2030 Consolidated Plan (Con Plan), 2025 Program Year (PY) Annual Action Plan (AAP), 2025 Neighborhood Revitalization Strategy Area Plan, Community Participation Plan Amendment, and Fiscal Year 2025 Budget Adjustment (EDH)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt a resolution for the City’s 2025-2026 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan (AAP) and 2025-2030 Consolidated Plan (Con Plan); amend the Citizen Participation Plan for the City’s Housing and Community Development Program; direct staff to submit the 2025-2026 AAP and 2025-2030 Con Plan, which includes the 2025 Neighborhood Revitalization Strategy Area (NRSA) Plan, to HUD; authorize the City Manager to sign an application for federal funding assistance for the 2025-2026 program year; and authorize the City Manager or his designee to execute program/project contracts, loan and grant agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (Con Plan) activities proposed in the 2025-2026 Annual Action Plan (AAP) and any subsequent revisions to the 2025-2026 AAP . 2) Adopt a resolution amending the Fiscal Year 2025 budget to reduce the total HOME Investment Partnerships Program (HOME) award to the Downtown Library and Affordable Housing Project approved under Annual Action Plan (AAP) Program Year (PY) 2024 and make funds available for inclusion in AAP PY 2025.
3) Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s action are exempt from CEQA review under (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense exemption (14 CCR 15061).
BACKGROUND: The City receives Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) entitlement funding annually from the U.S.
Department of Housing and Urban Development (HUD). To obtain these funds, the City must develop and adopt a five-year Consolidated Plan (Con Plan) which identifies and analyzes
24.1 strategies for addressing specific community needs. The five-year Con Plan provides strategic direction for housing and community development activities carried out in the City. The City’s current Con Plan became effective July 1, 2020 and will expire June 30, 2025. Pending final HUD approval, the City’s new Con Plan will become effective July 1, 2025. The Con Plan was prepared in accordance with HUD’s eCon Planning Suite which provides a standardized template through HUD’s nationwide database. The 2025-2030 Con Plan was drafted by consultant, Grow America, with input from City staff and was made available for public review and comment on the City’s website beginning April 22, 2025. This will be the first Annual Action Plan (AAP) under the new 2025-2030 Con Plan.
CONSOLIDATED PLAN PROCESS
The new Con Plan is divided into six sections.
1. Executive Summary
2. The Process
3. Needs Assessment
4. Market Analysis
5. Strategic Plan
6. First-Year Action Plan
The sixth section of the Con Plan is the first of five AAPs. An AAP is approved for each year covered by the Con Plan as the way to implement Con Plan goals and strategies. The City must approve an AAP specifying which activities will be taken on during that Program Year (PY). This is done by setting the annual budget and allocating funds from that year’s HUD CDBG and HOME direct entitlements plus any unused or uncommitted funds and program income (PI) received the prior year. The recommended 2025-2026 AAP budget, as approved at the April 22, 2025 City Council meeting with updates from additional funding clarifications, is provided as an attachment to this report. The funding recommendations are also summarized below in the CDBG Program and HOME Program Budget Recommendations sections.
The City received notification of our annual allocation on May 14, 2025, which was higher than initial estimates of 10% cuts to both programs. With the following CDBG and HOME entitlement grants, estimated program income and reprogrammable funds to be available for program and project awards, the City will have the following resources available for award for the coming PY:
CDBG Program
Entitlement Grant Funds $527,892
Program Income $25,000
Reprogrammable Funds $0
Total $552,892
HOME Program
Entitlement Grant Funds $255,978
Program Income $100,000
Reprogrammable Funds $236,380
Total $592,358
24.2 The reprogrammable funds come from the Downtown Library and Affordable Housing Project’s returned portion of HOME funds awarded under the 2024 AAP, as discussed at the April 22, 2025 Council Meeting which, after review, totals approximately $236,380. Together, there is an estimated total of $592,358 available under the HOME program.
Drafts of the Con Plan, AAP, Neighborhood Revitalization Strategy Area (NRSA) Plan, Assessment of Fair Housing (AFH) Memo, and Community Participation Plan (CPP) have been available online for public review since April 22, 2025 (see link below). To date, no comments have been received. To meet established HUD deadlines, final awards cannot be pushed beyond this second public hearing on May 27, 2025. Staff recommends the City Council finalize the recommendations made at the April 22, 2025 meeting by adopting the attached resolution. Staff will update the AAP based on the outcome of today’s public hearing and the Con Plan and AAP will be available for review and public comment for another 15 days before being submitted to HUD in June. https://www.cityofsantacruz.com/government/city-departments/economicdevelopment/housing-assistance-information/hud-programs/hud-consolidated-plan-documents
CDBG PROGRAM OVERVIEW
CDBG funds can be used for a range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. Activities that can be funded with CDBG dollars include but are not limited to:
acquisition of real property, acquisition and construction of public works and facilities, reconstruction and rehabilitation of residential and nonresidential properties, and the provision of public services such as employment, food banks, crime prevention, childcare, health, drug abuse, education, and fair housing counseling. The primary beneficiaries of CDBG funded projects or programs must be very-low, low, and moderate-income individuals and households. Other beneficiaries of CDBG funded projects can include seniors, homeless persons and disabled adults. To oversee programs and projects using CDBG program funding, HUD sets the administration levels at 20% of the combined grant allocation plus PI. This funding covers the City’s costs of administering the CDBG program.
As a requirement of receiving HUD CDBG funding, the City cannot have over 1.5 times its current program year allocation in unspent CDBG funds. If the City is in a state of noncompliance, HUD can reduce future CDBG funding allocations. Therefore, the City considers readiness when allocating funds to projects and programs and reallocates any unspent funds from prior years as necessary.
Additionally, HUD regulations limit how CDBG funds are used for public service activities. The City is not permitted to spend more than 15% of its annual grant allocation from HUD plus PI and funds available for reallocation in any PY on public service activities. In general, the City’s CDBG funded programs and projects must either benefit low-income areas (Area Benefit) or low-income individuals (Limited Clientele). To qualify under Area Benefit, an activity must be located in and serve a low-income neighborhood. Programs receiving funding under Limited Clientele requirements must document that at least 51% of their clientele are low-income. The City can spend above the 15% specifically when awarding funding to Community Based Development Organizations (CBDOs) that are located with a HUD approved NRSA. To qualify as a CBDO, an organization must maintain a governing board of directors comprised of a mix of at least 51% of low-income residents, executive level entrepreneurs in the neighborhood and
24.3 governing members of neighborhood groups. The City currently has one qualified CBDO – Nueva Vista Community Resources (Nueva Vista).
HOME PROGRAM OVERVIEW
HOME program funds are exclusively used to help provide housing for low-income households.
Funding assistance can be provided to: (1) help develop or rehabilitate income restricted housing units or (2) support programs that provide financial assistance directly to low-income renters or home buyers enabling them to access or retain housing. To oversee programs and projects using HOME program funding, HUD sets the administration levels at 10% of the combined grant allocation plus PI.
Additionally, the City must set aside 15% of each grant to be used only by Community Housing Development Organizations (CHDOs). The City has worked with the following three CHDOs on HOME funded projects – Habitat for Humanity Santa Cruz County, Mid-Peninsula the Farm, Inc., and Eden Housing.
DISCUSSION: CDBG PROGRAM BUDGET RECOMMENDATIONS
As mentioned previously, the City received its CDBG award from HUD on May 14, with an entitlement grant of $527,892. This is a 0.04% increase, or $201 more, than last year. Combined with PI estimated at $25,000, the total CDBG budget is expected to be $552,892, with $110,578 of this budgeted for program administration costs. This section outlines City Council recommendations for funding from the April 22, 2025 Public Hearing and recommendations for absorbing increases or decreases to the CDBG funding allocation pending final HUD allocations.
The City is required to maintain prior rehabilitation programs’ debt servicing with recommended funding of $4,000. The Housing Authority of the County of Santa Cruz (Housing Authority) administers the HOME Security Deposit Program for City residents and incurs certain delivery costs while administering the program. The recommendation is that the delivery costs be funded at $6,900. Recommendations for funding CDBG Public Services to remain under the 15% cap remain at the amounts recommended by City Council on April 22, 2025: the Teen Center ($45,000) and Second Harvest Food Bank ($25,000). Nueva Vista’s program is not subject to the cap, and funding also remains at the prior recommended amount of $150,000.
The recommendations above would fund Public Services within the 15% cap set by HUD. The $150,000 awarded to Nueva Vista for Public Services can be excluded from this category due to their current status as a CBDO, which is why the City can fund this category for a total of $220,000.
Additionally, two Capital Improvement Program (CIP) project applications were recommended for funding, the Market Street Senior Center Renovations and the Depot Park Building ADA Improvements projects. The Market Street Senior project will include improved ADA accessibility from the curb to the entrance of the center and improve ADA accessibility to the first-floor men’s and women’s restrooms. The Depot Park Building project will include improvements to the main hall and restrooms, including installation of ADA accessible doors, floor refinishing, improvements to the building’s ventilation, replacement of sinks, toilets, stalls and installation of ADA accessible doors and button-activated access. Both Parks and Recreation Department projects have received prior CDBG funding, but due to rising costs and refined work
24.4 scope, additional funds are needed to complete the projects. At the previous Public Hearing on April 22, 2025, City Council recommended that the Parks and Recreation Department’s Market Street Senior Center Renovation project be funded at $118,600 and Parks and Recreation’s Depot Park Building ADA Improvements project be funded at $50,502. As there was an increase in estimated funding available, staff recommends increasing the proposed funding for the Depot Park Building project as was originally proposed in the April 22, 2025 1st Public Hearing, in case of an increase in funds available. This would fund the Depot Park Building project at $92,814.
HOME PROGRAM BUDGET RECOMMENDATIONS
HOME program funding recommendations are divided into three categories: Program Administration (calculated by formula), ongoing City Programs, and HOME affordable housing projects which can receive residual receipts development loans. As per the City’s HOME award from HUD on May 14, 2025, there will be $255,978.30 available for allocation under the 2025- 2026 HOME grant, an additional estimated $100,000 of PI, and approximately $236,379.70 in reprogrammable funds from prior years, bringing the total amount available to approximately $592,358. The direct entitlement grant from HUD is $20,086.02 less than last year or a 7% reduction. Similarly to the CDBG program, administration funding is set by HUD formula to 10% of the HUD grant plus estimated PI which is currently estimated to be $35,598. This administration funding covers the City’s costs of administering the HOME program. As mentioned in the background section, HUD also restricts 15% of the grant to be used by CHDOs, which totals $38,397 for this PY.
There is one City Program application, the HOME Security Deposit Program, which has been in existence since 1997 and has been funded by multiple sources over the years in partnership with the Housing Authority of the County of Santa Cruz. During this current PY, 9 families have been assisted so far (through Quarters 1 & 2). The Housing Authority is anticipating demand to continue for the next program year. Funding for the program is recommended at $100,000 in HOME funding (in addition to the $6,900 in CDBG funding referenced earlier in the CDBG Program Budget Recommendations section).
The City has not yet received any 100% affordable housing HOME project applications in the 2025 PY, therefore at the 1st Public Hearing, City Council recommended allocating this funding to a future 100% affordable housing project. When HOME funds are used for low interest loans, it helps ensure that the value will stay in the community and helps in the aim to leverage the dollars further (when the housing project has a cash flow in excess of what is needed for its annual operations, then the loans can begin to be repaid and can re-fund the HOME pot for future affordable housing). At the April 22, 2025 Council Meeting, City Council received information on a portion of the HOME funding for the Downtown Library & Affordable Housing Project being returned to the City for reallocation. Staff reviewed all available HOME funds (including PI and funds available for reallocation) and calculated that a total $418,363 is available for a future 100% Affordable Housing Project. If there is an increase or decrease in estimated HOME funding available, staff recommends increasing or decreasing the funding to a future 100% Affordable Housing Project accordingly. Any increase or decrease to estimated funds under the CHDO set aside will also be applied to this project.
COMMUNITY PARTICIPATION PLAN UPDATES
24.5 Minor changes to wording and the standardization of noticing periods for public hearings and public comments have been made to the CPP, but there are two substantial changes that are being made to the CPP to bring the City into compliance with the Code of Federal Regulations.
These changes have been available on the City’s website since April 22, 2025 for public comment and review. No comments have been received to date.
NRSA PLAN
The City has maintained a NRSA since 2007, with some adjustments to the boundaries over time. The City has reviewed census tracts and census block groups to ensure the areas included in the NRSA meet the minimum threshold of having at least 51% of households at or below 80% of the Area Median Income (AMI) in the proposed area. The current proposal for the 2025-2030 NRSA exceeds that percentage at 74.5%. The expansion of the NRSA from the 2023-2025 area will allow for more opportunities to collaborate with community organizations that may be interested in pursuing CBDO status and will provide additional points when scoring programs and projects located within the NRSA. These changes have been available on the City’s website since April 22, 2025 for public comment and review. No comments have been received to date.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is exempt from CEQA under the following:
(1) Class 1 Categorical Exemption (14 CCR 15301) because the Council action consists of the repair, maintenance, and/or minor alteration of existing structures and facilities involving no expansion of use.
(2) Common Sense exemption (14 CCR 15061) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
HEALTH IN ALL POLICIES (HiAP): Funding for the Public Service activities is consistent with the HiAP framework, especially the pillars of equity, and sustainability. The external CDBG Public Service programs support the goal to invest in downtown and other local organizations. Additionally, because the NRSA allows the City to fund public services at levels above the 15% cap, the City can provide additional funding to Nueva Vista, bringing additional funding to the City's lowest income neighborhoods. The HOME Program and project recommendations are also consistent with the HiAP framework, directly fulfilling the "Stable, Affordable Housing & Shelter" Collective of Results and Evidence-based (CORE) condition.
Equity will be positively impacted with the future creation of more affordable housing units for all members of the community as well as access to the HOME Security Deposit Program that helps individuals and households attain and retain housing.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: No
2. This recommendation requires a budget adjustment: Yes
3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Until funds are committed, there is no fiscal impact for the City from the proposed actions. Under the proposed draft budget, approximately $552,892 in CDBG and $592,358 in HOME program funds may be allocated in a final budget that will be
24.6 approved as part of the 2025-2026 AAP by City Council. No General Funds are included in the proposed draft budget. Final funding numbers will become available pending Congress’s approval of the federal budget and HUD’s allocation of funding by formula, and awards will be budgeted in the FY 2026 budget as part of the annual budget cycle. Included in today’s action is a budget adjustment to reflect changes to prior year funding amounts.
Prepared By:
Jessica Mellor
Principal Management
Analyst
Jessica de Wit
Housing and Community
Development Manager
Submitted By:
Bonnie Lipscomb
Deputy City Manager
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. RESOLUTION – 2025-2026 HUD ANNUAL ACTION PLAN.DOCX
2. HUD 2025-2025 ACTION PLAN BUDGET.PDF
3. BUDGET ADJUSTMENT.PDF
24.7 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING THE CITY’S 2025-2030 CONSOLIDATED PLAN AND 2025-2026 HUD ANNUAL ACTION
PLAN, ALLOCATING CDBG AND HOME FUNDING, AMENDING THE COMMUNITY
PARTICIPATION PLAN, AUTHORIZING THE CITY MANAGER TO SIGN AN
APPLICATION FOR FEDERAL FUNDING AND EXECUTE ALL CONTRACTS AND DOCUMENTS FOR THE 2025-2026 PROGRAM YEAR AND SUBMIT DOCUMENTS TO HUD
WHEREAS, the City of Santa Cruz is a designated U.S. Department of Housing and Urban Development (HUD) entitlement grantee that annually receives federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) grant funds from HUD; and
WHEREAS, HUD requires that any jurisdiction receiving federal CDBG and HOME grant funds from HUD prepare an Annual Action Plan (AAP) to allocate grant funds; and WHEREAS, HUD requires that any jurisdiction receiving federal CDBG and HOME grant funds from HUD prepare an AAP to identify the activities that will be undertaken in the coming 2025-2026 Program Year (PY) and requires noticing of and a public comment period for amendments to prior AAPs, Consolidated Plans and Community Participation Plan in accordance with the City’s Community Participation Plan; and
WHEREAS, the City Council, in accordance with its approved Community Participation Plan, held public hearings on April 22, 2025 and May 27, 2025, for the purpose of soliciting input from the public on the proposed 2025-2030 Consolidated Plan (Con Plan), 2025-2026 AAP, Neighborhood Revitalization Strategy Area (NRSA) Plan, and Community Participation Plan under the City’s Housing and Community Development Program; and WHEREAS, the City Council directed the preparation of a Con Plan, AAP, NRSA and amendments to the Community Participation Plan, and an application to HUD for funding for the 2025-2025 PY, following consideration of comments and recommendations following two publicly noticed 30 day public review periods for the 2025-2026 AAP and a 15 day public review period for the Community Participation Plan; and
WHEREAS, the City Council certifies that it has fulfilled the requirements for decisionmaking and action pertaining to development of the federal funding application for the 2025-2026 PY; and
WHEREAS, the City Council of the City of Santa Cruz adopted a program of activities to be funded under the federal 2025-2030 Con Plan for the 2025-2026 PY as the 2025-2026 HUD AAP; and
WHEREAS, allocations have been made to various non-profit and public subrecipient organizations, to provide funding for public services, facilities, housing and other projects; and
24.8 WHEREAS, the approved sub-grantee organizations are profit, nonprofit or public agencies created and operated for the purpose of providing public services, facilities, housing and other projects.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Santa Cruz does hereby:
1. Adopt the City’s 2025-2030 Consolidated Plan (Con Plan), 2025-2026 HUD Annual Action Plan (AAP), Neighborhood Revitalization and Strategy Area (NRSA) Plan, and amendments to the Community Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2025-2030 Con Plan, 2025-2026 AAP, and NRSA to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2025-2026 program year.
2. Approve of the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s action is exempt from CEQA review under (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense exemption (14 CCR 15061).
3. Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (Con Plan) activities proposed in the 2025-2026 Annual Action Plan (AAP) and any subsequent revisions to the 2025-2026 AAP.
PASSED AND ADOPTED this 27th day of May, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED:
Fred Keeley, Mayor
ATTEST:
Bonnie Bush, City Clerk
Administrator
24.9 $527,892 2025-2026 CDBG Entitlement Grant (Actual Amount, 5/14/25) $25,000 Estimated 2025-2026 Program Income (PI)
$0 Prior Years' CDBG Funds Available for Reprogramming
$552,892 Total CDBG Program Budget
$110,578 City Program Administration Funding for CDBG (by formula) $442,314 CDBG Funding Available for Allocation
$255,978 2025-2026 HOME Program Entitlement Grant (Actual Amount, 5/14/25) $100,000 Estimated 2025-2026 Year Program Income (PI)
$236,380 Prior Years' HOME Funds Available for Reprogramming $592,358 Total HOME 2025-2026 Grant
$35,598 City Program Administration Funding for HOME (by formula) $556,760 HOME Program Funding Available for Allocation
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
2025-2026 PROGRAM YEAR (PY) BUDGET
HOUSING & COMMUNITY DEVELOPMENT (HCD) PROGRAM
24.10 ADMINISTRATION (FORMULA: 20% of total Entitlement and Program Income) Activity: Grant Administration $110,578
Applicant: City of Santa Cruz (By Formula)
TOTAL ADMINISTRATION FUNDING AVAILABLE $110,578
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Rehabilitation Program Delivery Costs $4,000 $5,000 $4,000 Applicant: City of Santa Cruz
Activity: HOME Security Deposit Program Delivery Costs $6,900 $6,900 $6,900 Applicant: Housing Authority of Santa Cruz County
TOTAL ONGOING CITY PROGRAMS $10,900
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Teen Center $45,000 $43,666 $45,000
Applicant: City of Santa Cruz
Activity: Food Banks $25,000 $23,666 $25,000
Applicant: Second Harvest Food Banks
TOTAL PUBLIC SERVICES SUBJECT TO 15% CAP $70,000
Activity: Nueva Vista & Beach Flats Community Centers (CBDO) $150,000 $150,000 $150,000 Applicant: Nueva Vista Resources
TOTAL PUBLIC SERVICE FUNDING (INCLUDING CBDO) $220,000
Requested
Funding
Prior Year
Funding
Recommended
Funding
Activity: Market Street Senior Center Renovations
Applicant: Parks & Recreation Department $118,600 $260,000 $118,600 Activity: Depot Park Building ADA Improvements
Applicant: Parks & Recreation Department $124,000 $62,000 $92,814 TOTAL PROJECTS FUNDING $211,414
GRAND TOTAL CDBG FUNDING $552,893
2025-26 PY CDBG BUDGET
CDBG PROGRAM BUDGET
2025-2026 PROGRAM YEAR
$110,578
CITY PROGRAMS
PUBLIC SERVICES (Subject to 15% CAP)*
CAPITAL IMPROVEMENT PROJECTS
* Public Services Cap is calculated by adding estimated allocation with actual received PI for prior program year
24.11 ADMINISTRATION (Formula: 10% of total Entitlement and Program Income) Activity: Grant Administration & Planning $35,598
Applicant: City of Santa Cruz Economic Development
TOTAL ADMINISTRATION $35,598
CITY PROGRAMS Requested
Funding
Recommended
Funding
TOTAL NEW HOME FUNDING
Activity: HOME Security Deposit Program $100,000 $100,000 Applicant: Housing Authority of Santa Cruz County
PROJECTS & PROGRAMS Requested
Funding
Recommended
Funding
Activity: CHDO Set-Aside (by formula) $38,397 $38,397
Applicant: Certified CHDOs in Santa Cruz
Activity: Future Affordable Housing Project $0 $418,363 Applicant: Eligible applicant
$556,760
TOTAL HOME FUNDING BUDGETED AMOUNT $592,358
2025-26 PY HOME BUDGET
HOME PROGRAM BUDGET
2025-2026 PROGRAM YEAR
TOTAL NEW HOME FUNDING
TOTAL PROJECT/PROGRAM FUNDING
24.12 City of Santa Cruz
BUDGET ADJUSTMENT REQUEST
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Funds originally allocated to project were above actual Entitlement Grant total from HUD and project is also returning a portion of funds. 253-51-81-0000-43110 h512503 105-1020-3015 HOME Downtown Lib Affordable Housing -257,540 -257,540
253-51-81-5201-56960 h512503 100 2020 357 HOME Downtown Lib Affordable Housing -257,540 -257,540
0 Jessica
L. Mellor
Digitally signed by
Jessica L. Mellor
Date: 2025.05.01
11:13:05 -07'00'
Bonnie
Lipscomb
Digitally signed by
Bonnie Lipscomb
Date: 2025.05.08
15:05:05 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2025.05.09
10:39:21 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2025.05.09
10:41:09 -07'00' 24.13
City Council
AGENDA REPORT
DATE: 5/22/2025
AGENDA OF: 5/27/2025
DEPARTMENT: Planning & Community Development
SUBJECT: 2nd Reading and Final Adoption of Ordinance No. 2025-11 for the Downtown Plan Expansion Amending the Santa Cruz Municipal Code and Zoning Map and Direction to Submit Local Coastal Program and Local Coastal Program Implementation Plan Amendments to the California Coastal Commission for Review for Amendments to and an Extension of the Downtown Specific Plan, Including for Areas South of Laurel Street, Roughly to the Roundabout at Pacific and Center Streets, and Making Related Changes to the General Plan, Local Coastal Program, Beach/South of Laurel Plan, and Zoning Code and Map.
Applicant: City of Santa Cruz. CEQA: Downtown Plan Expansion Environmental Impact Report (PL)
LOCATION: District 4
RECOMMENDATION: Motion to:
1) Adopt Ordinance No. 2025-11 deleting an obsolete zone district and making other conforming amendments, amending certain policies related to parking in the Downtown, and amending the Zoning Map which are parts of the Local Coastal Program (LCP) Implementation Program (IP); and
2) Adopt a resolution authorizing the City Manager to submit proposed amendments to the LCP Land Use Plan and to the LCP IP to the California Coastal Commission for final certification. 3) Direct staff to submit the above ordinance and resolution to the California Coastal Commission for certification, together with the other resolutions and amendments previously approved for the Downtown Plan Expansion.
BACKGROUND: On May 13, 2025, the City Council held a first reading and public hearing on all components of the Downtown Plan Expansion which include amendments to the 2030 General Plan, the Local Coastal Program (LCP) text and Land Use Map, the Downtown Plan, the Beach/South of Laurel Area Plan, and a first reading of amendments to the Santa Cruz Municipal Code and Zoning Map. The proposed ordinance amendments require a second reading, and
25.1 several of these components constitute LCP or LCP IP amendments which require review by the California Coastal Commission (CCC).
DISCUSSION: Amendments to the LCP text and Land Use Map and amendments to the Beach/South of Laurel Area Plan are amendments to the LCP Land Use Plan (LUP).
Amendments to the Downtown Plan and Municipal Code Title 24, including the Zoning Map are amendments to the LCP IP. The City Council must adopt a resolution finding that the proposed amendments are made in the public interest, are consistent with the General Plan as amended, and can be carried out in full conformity with the Coastal Act, and the Council must, by resolution, direct the City Manager to submit said amendments to the Coastal Commission for certification.
Coastal Act and LCP Consistency
The City’s LCP is the tool used by the City and the Coastal Commission to effectively regulate development activities within the Coastal Zone. Several of the project components are amendments to either the LCP LUP or to the LCP IP, including the text and map amendments to the LCP LUP, the amendments to Downtown Plan Chapter 4, and the amendments to the Municipal Code, including the Zoning Map. The proposed Appendix 8 is not part of the LCP IP and will not be subject to review by the Coastal Commission.
The amendments proposed to the text of the City’s LCP relate to the land use intensities approved for the Downtown area and serve to clarify existing practice in terms of how those intensities have been determined and applied to development proposals. Further amendments to certain policies relating to specific views and connections between the Downtown, Beach Hill, South of Laurel, and the beach area are proposed for modification consistent with Coastal Act policies promoting development in existing developed areas and contiguous to development of similar intensity. The amendments also ensure consistency with policies seeking to maintain scenic and visual qualities by maintaining views to and along the ocean, as the proposed changes are situated a significant distance from the coastline and will also serve to “restore and enhance the visual quality in [a] visually degraded area.”
The proposed amendments to the LCP and LCP IP work together to address Coastal Act priorities for coastal access and low-cost recreational activities. For example, they expand and improve free, publicly-accessible area along the San Lorenzo Riverwalk. The amendments are consistent with policies requiring protection of environmentally sensitive habitat areas, and no significant unavoidable biotic impacts were identified during the environmental review of the project. The project includes no agricultural land or industrial development and is not directly adjacent to the shoreline, so policies relating to those features do not apply and are consistent with the plan.
The amendments to the LCP text and Land Use Map, as well as to the Beach/South of Laurel Area Plan are accompanied by amendment to the Downtown Plan Chapter 4 and the Santa Cruz Municipal Code and zoning map that serve to implement the LCP policy and map amendments.
The change to the Regional Visitor-Commercial (RVC) land use designation will be implemented through a change in the Zoning Map to apply the Central Business District zoning to the properties affected, as well as their neighbors that already carry the RVC land use
25.2 designation. The amendments to the text of the LCP are implemented through the proposed amendments to the Downtown Plan Chapter 4.
The amendments to Chapter 4 of the Downtown Plan, part of the LCP IP, relate to urban design and development standards for private property in the Downtown and are intended to support and facilitate high-quality new buildings consistent with the existing goals of the plan and in accordance with the requirements of the Coastal Act and the LCP, including required step-backs from the San Lorenzo river to maintain views from the top of the Cliff Street Stairs toward and along the river. The development pattern in the Downtown will allow for views of Beach Hill from both the south side on the Beach or the Wharf, as well as from the north side, along the Front Street and Pacific Avenue corridors, maintaining existing visual qualities of the area and carrying out the policies of the LCP.
The amendments to the Municipal Code remove obsolete text (removing the CBD-E zone district) and clarify existing policy within the limits of state law (relating to parking districts). All the proposed components work together to facilitate responsive public and private development that will support significant public mobility improvements including improved access to the San Lorenzo River, the Riverwalk, and the connection to the coast.
The proposed project would implement many of the policies and programs in the City’s LCP.
The following provisions illustrate items that will be carried out through the implementation of the proposed Downtown Plan Expansion, and which are implemented through the actions included in this package of amendments:
Policy EQ 2.3: Ensure that new development or land uses near surface water and groundwater recharge areas do not degrade water quality.
Policy EQ 4.6: Encourage the planting and restoration of native rather than non-native vegetation throughout the City and also in areas where plants or habitats are diseased or degraded.
Policy EQ 5.3: Adopt and implement energy conservation and renewable energy design ordinances and/or design guidelines for new construction and major remodeling with, if feasible, energy efficiency standards surpassing State Energy Commission standards.
Policy CD 1.1: Infill and intensify land uses consistent with existing neighborhood or commercial district patterns in developed areas currently served by municipal services.
Program CD 1.1.1: Focus development in the Central Core, and along arterial and mass transit corridors.
Program CD 1.1.2: Develop design criteria to ensure compatibility of infill development with existing neighborhoods and proposed development patterns.
Program CD 2.2.2: Identify important vistas and view corridors of community wide value to be preserved and require development to provide visual and physical breaks to allow access to these areas.
Policy CD 3.4: Develop and maintain physical and visual linkages between key areas in the City.
25.3 The River — adjacent land uses.
...
Downtown — South-of-Laurel — Wharf — Beach.
Program L 2.1.2: Maximize land intensity or densities in areas unconstrained by resources or hazards and having adequate service capabilities.
Program L 2.6.4.3: Allow and encourage residential development in non-residential districts and develop appropriate design guidelines and incentives for this type of development.
Program L 2.6.3: Prioritize development of high-density mixed residential and commercial development in the City's Downtown Central Business District, North River Street, and South of Laurel areas over undeveloped lands at the periphery of the City.
Program L 2.7.2: Improve the character and quality of visitor-serving commercial areas to encourage more off-season and overnight visits.
Program L 2.9.1: Identify areas where mixed-use development opportunities exist and develop appropriate guidelines and incentives to encourage that type of development.
Policy L 5.3: Provide for high-density development and mixed uses, where appropriate, as well as transit- and pedestrian-oriented land use patterns to reduce dependence on the automobile and support the use of mass transit and other alternative transportation modes.
Program L 2.7.2: Prepare an area plan for the South of Laurel area providing for a mix of multifamily and commercial uses. The plan should be guided by the objective of creating an in-City, people-friendly, medium to high-density neighborhood with neighborhood commercial areas that coexists with visitor- serving commercial development linking the beach area to downtown. The area shall accommodate a minimum of 300 additional dwellings and the area plan should evaluate the possibility of increasing this number by combining residential development with commercial development in the regional/visitor commercial areas.
The historic and architectural character of the residential neighborhood in the vicinity of Spruce, Sycamore, Center and Washington must be preserved, while integrating the neighborhood into the larger area through design considerations, landscaping, building orientation, and the street system.
The area offers important opportunities for visitor, community and neighborhood commercial development. The area's proximity to the beach offers an opportunity for visitor serving uses connecting to other visitor destinations. The desire to connect the beach to the downtown through this area, and the expectation for a significant permanent resident population also suggest community and neighborhood commercial uses or nodes.
The expectation that the area will see significant housing together with commercial development requires that development occur in mixed use projects. Mixed use development should be clustered along the major corridors of Pacific Avenue, Front Street, and the rail right of way, but may also be appropriate elsewhere.
25.4 The transportation system must serve a number of purposes. Streets are important linkages to the beach, downtown and residential neighborhoods. The street system should endeavor to separate tourist from local traffic. Tourist traffic needs to be directed to and through collection and distribution points in order to move large volumes of visitors. Local streets should be designed to discourage tourist traffic.
Additionally, landscaping and other design techniques should develop streetscapes that link the Beach to Downtown along Pacific Avenue and other major travel corridors, the Downtown neighborhood, and the San Lorenzo River. As an in-town high density residential area, pedestrian, bike and transit systems are important. If feasible the Plan should provide for exclusive right of way for transit.
Trip reduction measures may reduce the overall impact of traffic. The existing rail line holds promise for a future passenger rail system. One or more transit stops should be planned for in this area. Areas within walking distance of a potential station should be developed at higher densities or intensities. The permanent residential as well as the visitor population, will require amenities, in particular parks and recreation facilities. Recognizing the intensive nature of expected development, open space should include promenades, plazas, pocket parks, and paseos. The resident population has additional needs that could be satisfied by an open space around which residential development is focused. The Plan needs to take into account existing plans for surrounding areas, including Downtown Recovery Plan, San Lorenzo River Design and Enhancement plans, Neary Lagoon Management Plan, Factory Outlet Master Plan, and the Beach Area Plan. Any major public use building or facility shall consider the area's location in a flood and liquefaction hazard area.
Policy CD 3.6: In pedestrian areas, require building design to be responsive to the pedestrian environment. These areas include but are not limited to Downtown, South of Laurel, the Beach, wharf, shoreline, and commercial shopping areas.
Policy CD 3.7: Require development to incorporate features to promote pedestrian use including new linkages to the pedestrian system.
Policy CD 5.3: Provide for high-density development and mixed uses, where appropriate, as well as transit- and pedestrian-oriented land use patterns to reduce dependence on the automobile and support the use of mass transit and other alternative transportation modes.
This list demonstrates the conformance of the proposed amendment package with the goals, policies and programs of the LCP, and, by extension, the California Coastal Act.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project was considered as part of an Environmental Impact Report that was certified by the City Council as part of the May 13, 2025 public hearing.
HEALTH IN ALL POLICIES (HiAP): The components of the current proposal are consistent with the Health in All Policies pillars of equity, public health, and sustainability in that they would encourage creation of both needed housing and economic opportunities and foster greater accessibility between the Downtown, San Lorenzo River, and beach areas. Development in the
25.5 Downtown area is in close proximity to transit, jobs, amenities, and a wide range of entertainment and recreational activities, making it one of the most sustainable places to grow in the region. From an equity perspective, the project area will include space for new inclusionary low-income housing, including replacement housing for any existing low- and very-low income residents. This project encourages active transportation modes that support both personal health and environmental sustainability. Active transportation modes also support equity, in that they reduce overall transportation costs.
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: This report is part of the grant-funded project to expand the Downtown Plan boundary. The total project cost is currently scoped to be $815,000.
Planning was awarded a grant for this project, totaling $300,000, and general fund sources will be used to cover the full cost of the project beyond the grant amount. The City has adopted a General Plan Maintenance Fee that is applied to new development, and those funds are expected to cover the general fund expenses.
As the project area is built out, staff anticipates that the additional property, admissions, and sales taxes, together with any special assessments elected for the project area, will have positive impacts on the City’s long-term fiscal conditions. Provision of services to the area will result in additional costs to the City, but given the location, density, and efficiency of land uses under consideration, revenues should be expected to exceed expenses. Creating a new destination with distinct urban character and a major events venue of regional importance could make this project the center of a highly successful economic development endeavor, bringing residents and visitors from throughout the region into Santa Cruz and helping them navigate between key points of interest like the beach, river levee, and the downtown. Precise information on the longer-term fiscal implications will not be fully known until new uses and buildings are constructed and operating.
Prepared By:
Sarah Neuse
Senior Planner
Matthew VanHua
Principal Planner
Submitted By:
Lee Butler
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. ORDINANCE 2025-11.PDF
2. RESOLUTION.DOCX
25.6 ORDINANCE NO. 2025-11
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS 24.10.2300 - PURPOSE, CENTRAL BUSINESS DISTRICT (CBD), 24.10.2301 - USES, DEVELOPMENT STANDARDS, AND DESIGN GUIDELINES,
24.12.250 - BIKE PARKING REQUIREMENTS, 24.12.290 - VARIATIONS TO REQUIREMENTS, AND THE ZONING MAP AND DELETING PART 24(A) - CBD SUBDISTRICT E – LOWER PACIFIC AVENUE IN IT’S ENTIRETY, TO IMPLEMENT THE
EXPANSION OF THE BOUNDARY OF THE DOWNTOWN PLAN AND REZONE THE PARCELS IN THE SOUTH OF LAUREL AREA (CEQA: PROJECT STUDIED IN AN EIR) WHEREAS, the Downtown Plan was initially adopted as part of the recovery process from the Loma Prieta Earthquake and is implemented through various Parts of the Santa Cruz Municipal Code; and
WHEREAS, in December 2020 the City Council selected the boundary of the area to be studied for potential expansion of the Downtown Plan and directed staff to pursue grant funding to support a project to expand the Downtown; and
WHEREAS, the work to consider the expansion of the Downtown Plan has included multiple community meetings, surveys, and focus groups as well as public hearings with both the City Council and the City Planning Commission; and
WHEREAS, in June 2022, January 2023, and June 2024 the City Council and the City Planning Commission provided direction to staff regarding the form of development and level of development intensity that should be studied for the South of Laurel Area; and WHEREAS, amendments to the Santa Cruz Municipal Code are required in order to implement the expansion of the Downtown Plan boundary as currently proposed; and WHEREAS, at its April 17, 2025 meeting, the City Planning Commission reviewed the proposed additions, modifications including rezonings, and deletions 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 as proposed to be amended; and WHEREAS, the proposed amendments and additions to the Santa Cruz Municipal Code have been analyzed as part of an Environmental Impact Report on the project to expand the boundary of the Downtown Plan and
WHEREAS, at its April 17, 2025 meeting the City Planning Commission passed a motion that recommended the City Council certify the associated Draft and Final Environmental Impact Report and approve the proposed additions, modifications including rezonings, and deletions to the Santa Cruz Municipal Code.
25.7 ORDINANCE NO. 2025-11
2 NOW THEREFORE BE IT ORDAINED THAT the proposed zoning map amendments, as shown in the Exhibits Existing and Proposed Zoning Maps and Exhibit List of Parcels Proposed for Rezoning are approved; and
BE IT FURTHER ORDAINED by the City of Santa Cruz as follows:
Section 1. Section 24.10.2300 - Purpose of Part 24: Central Business District (CBD) of the Santa Cruz Municipal Code regarding the Central Business District Zone District is hereby amended to read as follows:
24.10.2300 PURPOSE.
This part implements the Land Use Plan, Development Standards and Design Guidelines of the Downtown Plan (Plan), a specific plan. It is intended to refine the Plan in the area of land use and regulations. It supports the purpose of the Plan, in the context of the General Plan, which aims to maintain downtown the urban center of the city, with the many functions a city center serves. This chapter of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
The Central Business District Zone of the Downtown Plan is divided into five subareas, in order to enhance the character of each by special consideration of the character of each.
Section 2. Section 24.10.2301 - Uses, Development Standards, and Design Guidelines of Part 24: Central Business District (CBD) of the Santa Cruz Municipal Code regarding the Central Business District Zone District is hereby amended to read as follows:
24.10.2301 USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES Chapter 4 of the Downtown Plan, as amended, is hereby adopted by reference, and the planning and community development department shall maintain copies of the Downtown Plan in both hard copy and electronic form, for use and examination by the public. The policies and regulations set forth in Chapter 4 of the Downtown Plan shall control all uses in the CBD, Central Business District, and its five subdistricts: Pacific Avenue Retail District; Front Street Riverfront Corridor; South of Laurel Area; Cedar Street Village Corridor; and North Pacific Area.
Section 3. Part 24(A) - CBD Subdistrict E – Lower Pacific Avenue, of Chapter 24.10 - Land Use Districts, is hereby deleted in its entirety.
Section 4. Section 24.12.250 - Bike Parking Requirements of Chapter 24.12 - Community Design, of the Santa Cruz Municipal Code 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.
25.8 ORDINANCE NO. 2025-11
3 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 = LongTerm
Class 2 = ShortTerm
Industrial Warehousing,
manufacturing
1 per 7,500 square
feet, minimum 2
spaces
80% Class 1
20% Class 2
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*
25.9 ORDINANCE NO. 2025-11
4 *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
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
Downtown Plan
Area– Residential
uses
Multifamily housing See classification
column
1 Class 1 bicycle
parking space per unit
1 Class 2 bicycle
parking space per 15
units
Downtown Plan
Area– 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.
25.10 ORDINANCE NO. 2025-11
5 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 Ulocks 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. 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.
25.11 ORDINANCE NO. 2025-11
6 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 Plan Area – 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.
Section 5. Section 24.12.290 - Variations to Requirements of Chapter 24.12 - Community Design of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.12.290 VARIATIONS TO REQUIREMENTS.
The off-street parking requirements of this part may be satisfied or modified in the following ways:
1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, an in-lieu fee shall be assessed as identified in the Downtown Parking resolution.
25.12 ORDINANCE NO. 2025-11
7 Section 6. 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, and has, as part of the larger package of items being considered at its May 13, 2025 public hearing, certified an Environmental Impact Report addressing this item.
Section 7. 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 8. This ordinance shall take effect and be in full force thirty (30) days after final adoption for areas of the City outside the Coastal Zone and shall take effect and be in full force upon certification by the California Coastal Commission for areas of the City located within the Coastal Zone.
PASSED FOR PUBLICATION this 13th day of May, 2025, by the following vote:
AYES: Councilmembers Trigueiro, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
25.13 ORDINANCE NO. 2025-11
8 PASSED FOR FINAL ADOPTION this 27th day of May, 2025, 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. 2025-11 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
_________________________________
Bonnie Bush, City Clerk Administrator
25.14 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:
May 21, 2025
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
This 21st day of May, 2025, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
25.15 DECLARATION OF POSTING
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CRUZ )
On the 21st day of May, 2025, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2025-11, 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—8.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st day of May, 2025, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
25.16 RESOLUTION NO. NS-25,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING
AND DIRECTING THE CITY MANAGER TO SUBMIT VARIOUS PROPOSED
AMENDMENTS TO THE LOCAL COASTAL PROGRAM AND LAND USE MAP AND
LOCAL COASTAL PROGRAM IMPLEMETATION PLAN, INCLUDING CHANGES TO THE DOWNTOWN PLAN; THE BEACH/SOUTH OF LAUREL PLAN; TITLE 24, THE ZONING ORDINANCE OF THE CITY OF SANTA CRUZ MUNICIPAL CODE; AND THE CITY OF
SANTA CRUZ ZONING MAP TO THE CALIFORNIA COASTAL COMMISSION FOR FINAL
CERTIFICATION
WHEREAS, in 2012, the City of Santa Cruz General Plan 2030 and its associated Environmental Impact Report were adopted by City Council; and WHEREAS, in 1991, the Downtown Plan and its associated Environmental Impact Report were adopted by the City Council; and
WHEREAS, in 2017, the Downtown Plan was substantially amended, and the amendments to the Downtown Plan and their associated Environmental Impact Report were adopted by the City Council; and
WHEREAS, in 2021, the City Council directed staff to initiate work on a project to expand the boundaries of the Downtown Plan into the area south of Laurel Street; and WHEREAS, on April 17, 2025, the Planning Commission held a regularly scheduled meeting where the proposed amendments to the General Plan, Local Coastal Program Land Use Plan, Municipal Code, Downtown Plan, Beach/South of Laurel Area Plan, and Zoning Map were considered by the Commission, and the Commission recommended that the City Council adopt the amendments as proposed; and
WHEREAS, consistent with the California Environmental Quality Act (CEQA) and City Guidelines, the proposed amendments were evaluated by preparing an Environmental Impact Report; and
WHEREAS, on May 13, 2025, the City Council held a public hearing at which various proposed amendments were approved and where other proposed ordinance amendments were introduced for publication; and
WHEREAS, on May 27, 2025, the City Council held a public hearing where the proposed ordinance amendments were approved; and
WHEREAS, the City Council directs the City Manager to submit the amendments to the Local Coastal Program Land Use Plan text and Map, and the Beach/South of Laurel Area Plan as Local Coastal Program Amendments, together with the amendments to the Downtown Plan, Title 24 of the Municipal Code, and the Zoning Map as Local Coastal Program Implementation Plan Amendments to the California Coastal Commission for final certification; and
25.17 WHEREAS, the City Council now finds:
1. The proposed amendments are in the public interest as they address changing housing needs, economic vitality, mobility improvements for all modes of travel, and the creation of new and upgraded public spaces.
2. The proposed amendments are consistent and compatible with the General Plan and any implementation programs that may be affected, as amended.
3. The proposed amendments are intended to be carried out in a manner fully in conformity with the Coastal Act (CA Section 30510) and the approved Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby directs the City Manager to submit the amendments to the Local Coastal Program Land Use Plan text and Map, and the Local Coastal Program Implementation Plan, consisting of the changes to the Beach/South of Laurel Area Plan, the Downtown Plan, Title 24 of the Municipal Code and the Zoning Map, approved by the City Council on May 13, 2025 and May 27, 2025 to the Coastal Commission for certification.
BE IT FURTHER RESOLVED, that amendments to the Local Coastal Program and Implementation Plan will become effective in the Coastal Zone upon final certification by the California Coastal Commission.
PASSED AND ADOPTED this 27th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: _________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
25.18 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: City Manager
SUBJECT: Independent Police Auditor Report 2024 (CM)
LOCATION: Citywide
RECOMMENDATION: Receive the annual report from the City’s Independent Police Auditor, OIR Group.
BACKGROUND: In January 2003, Santa Cruz City Council created the Independent Police Auditor (IPA) position. The IPA is responsible for assisting complainants, providing independent reviews of use of force, assisting with citizen complaints and critical incidents, reviewing and making recommendations regarding the Santa Cruz Police Department’s (SCPD) policies and practices, and reporting on findings to City Council annually.
In July 2020, the City Manager’s Office issued a Request for Proposals (RFP) to select a new IPA. In December 2020, the RFP panel selected OIR Group, led by Michael Gennaco, a nationally recognized expert on law enforcement reform and accountability systems.
The OIR Group reviewed cases with the City’s Public Safety Committee (PSC) and published at least one (1) public report annually. The annual reports included summaries of cases reviewed, information about misconduct complaint investigations and trends, recommendations concerning improvements to SCPD policy, procedures and training, and the results of audits since December 1, 2020.
The OIR Group presented its second annual report to the PSC on March 23, 2022, and then to the City Council on August 23, 2022. For increased transparency, OIR Group recommended to forgo future presentations to the PSC and instead provide a public presentation of their annual report to the City Council. Both the PSC and City Council agreed to this recommendation.
DISCUSSION: The attached Independent Police Auditor 5th Annual Report provides a comprehensive review of SCPD’s administrative investigations closed between January 1 and December 31, 2024. The report features five (5) case studies and ten (10) policy and procedural recommendations to enhance accountability, transparency, and department operations.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “Project” under the CEQA. “Project” is defined by CEQA as:
26.1 “an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person that is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.” (Pub. Resources Code, § 21065.) The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.
HEALTH IN ALL POLICIES (HiAP): The Independent Police Auditor Report aligns with the City of Santa Cruz’s HiAP framework by advancing health, well-being, and equity through transparent and accountable public safety oversight. By offering an independent, in-depth review of use of force incidents, citizen complaints, and critical events, and by issuing recommendations on SCPD policies and procedures, the report ensures that public safety strategies are both datainformed and community-responsive. This work supports equitable and effective policing, reinforces community trust, and promotes a public safety environment that contributes to the social and physical well-being of all residents.
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: No impact.
Prepared By:
Catherine Brothers
Principal Management
Analyst
Submitted By:
Michelle Templeton
Assistant City Manager
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. INDEPENDENT POLICE AUDITOR 5TH ANNUAL REPORT.PDF
26.2 City of Santa Cruz
Independent Police Auditor
5 th Annual Report
May 27, 2025
26.3 2 | P a g e
323-821-0586
6510 Spring Street #613 | Long Beach, CA 90815
OIRGroup.com
26.4 P a g e | 3
Table of Contents
Introduction .................................................................................................4 Administrative Investigation: Process & Recommendations .......................6 Case Study 1: Case Classification Matters .............................................8 Case Study 2: Case Management & Tracking Across Department Functions .............................................................................................. 15 Case Study 3: Importance of Holistic Investigations ............................. 18 Case Study 4: The Role of Supervisors ................................................ 23 Case Study 5: Investigative Protocol for Off-Duty Incidents .................. 27 Policy and Procedure Recommendations ................................................. 30 High-Risk Vehicle Stops ....................................................................... 30 Handling Property ................................................................................. 33 Training Dispatch .................................................................................. 34 Policy Updates from Prior Recommendations....................................... 35 First Amendment Rights .................................................................... 35 Foot Pursuit Policy ............................................................................ 36 Warning and Time to Comply Before Using Force ............................ 36 Community Engagement .......................................................................... 38 Conclusion ................................................................................................ 39 Recommendations .................................................................................... 40 Appendices ............................................................................................... 42
26.5 4 | P a g e
Introduction
OIR Group serves as an Independent Police Auditor (IPA) with a dedicated focus on improving the accountability and transparency of law enforcement agencies.
In the case of the Santa Cruz Police Department (SCPD), our role involves conducting comprehensive reviews of administrative investigations, identifying areas for improvement, and supporting the department’s ongoing efforts to ensure accountability, professionalism, and public trust. As independent auditors, our work includes assessing the investigation of complaints, providing recommendations for operational improvements, and evaluating new policies.
Through our partnership with SCPD, we provide constructive feedback that helps guide the department toward enhancing its overall performance and its relationship with the community it serves.
This report marks our sixth year working with the City of Santa Cruz and SCPD, and our fifth annual assessment.
Our work is mainly focused on the internal administrative investigation process. For SCPD, and any effective law enforcement agency, internal accountability mechanisms play a key role in identifying and addressing misconduct while fostering a culture of professionalism and responsibility.
While SCPD has made significant progress in refining its investigative processes, challenges remain, particularly with case classification, tracking officer performance, and investigating multiple incidents of misconduct. This report provides a comprehensive review of these internal systems, highlights successes, and offers recommendations for further improvement.
We note here that the Department’s formal investigation of a case involving SCPD officers using force on a man riding a bike, which sparked significant public concern about the appropriateness of the officers'
26.6 P a g e | 5
response, was completed outside the audit period. OIR Group will review this case in detail and report out in the next audit cycle.
A second component of our review addresses policy and procedural updates within the department. SCPD has shown a proactive commitment to addressing gaps and enhancing its approach to law enforcement. In response to previous recommendations and external developments, the department has implemented key policy changes aimed at improving both officer accountability and operational safety. Notable updates include the introduction of a directive on high-risk vehicle stops, a formal policy on the right to record law enforcement activities, a foot pursuit policy that balances officer and public safety, and changes to the use of force policy that emphasize the need for warnings and time to comply before force is used.
Finally, we provide an update on our community engagement work.
26.7 6 | P a g e
Administrative Investigation:
Process & Recommendations
A Department’s internal administrative investigation process is a critical function as it informs training and professional development, reduces risk and liability, and ensures compliance with laws, regulations and procedures. Most importantly, an efficient internal administrative process ensures operational effectiveness: it is crucial for coordinating efforts across different units and ensuring that all officers and staff are on the same page. Effective communication improves teamwork, enhances decision-making, and ensures that the department can respond swiftly to changing situations.
And the benefits expand beyond internal operations: an effective internal accountability process where officers are held accountable for potential misconduct, retrained when necessary, and formally corrected when required, increases the public’s trust in its law enforcement agency.
SCPD has internal administrative systems that serve to hold officers accountable and correct individual instances of performance deficiencies.
We noted marked improvements in the past calendar year: the Department delivered detailed close-out letters communicating outcomes with members of the public who submit complaints; investigations were, for the most part, timely and swift; the majority of the findings and outcomes were supported by the evidence; and, most of all, the Department is willing to have real-time dialogue with our team to improve the investigative process and recalibrate when necessary.
Our review found many instances of the administrative process working well. For example, we reviewed a case where a recruit in the academy made an off-color joke. Command staff swiftly issued a low-level corrective measure, which will be considered in the recruit’s annual evaluation, and counseled the recruit on professionalism. In another case, a member of the public alleged that officers had taken the tent of an unsheltered individual from a public park without leaving notice that police had seized the tent and information about how to retrieve it (we discuss
26.8 P a g e | 7
issues with property in more detail later in this report). Command staff contacted the complainant to help unite the individual with her tent, counseled the involved officers on procedures related to property, discussed the case with Homeless Liaison officers, and confirmed that other officers knew to provide notice when removing property – all commendable steps to resolving this complainant’s concerns at the individual and systemic level.
However, our review also identified challenges with SCPD’s internal administrative systems. First, case classification is not always appropriately used in ways to ensure incidents are thoroughly investigated and that officers are held fully accountable. Second, while SCPD’s systems often identify and swiftly resolve individual instances of deficient performance, SCPD does not use a comprehensive internal tracking system that tracks an officer’s full performance; this is true both for lowerlevels of misconduct that may indicate problematic trends, such as an officer’s high rate of returned police reports for correction, or at-fault traffic collisions, and for more significant potential concerns, such as uses of force (which are not seemingly consistently evaluated and tracked); we discuss this and the Department’s technical challenges with implementing these tracking systems in our second case study. Third, some of SCPD’s investigations are too narrowly focused and miss opportunities to identify and correct performance deficiencies, resulting in the potential for repeated behavior; this is true at both the line officer and supervisor levels.
Taken collectively, these challenges impact the Department’s ability to address officer behavior holistically and intervene with timely corrective strategies or progressive disciplinary methods. Several cases we reviewed this year pointed to the Department’s need to adopt a more rigorous system to address multiple incidents of policy violation(s) involving the same officer or officers, and others suggested that a “deeper dive” was warranted to determine the most appropriate actions and findings.
In this section, we provide five case studies to illustrate our findings. The first explores the importance of the case classification system to appropriately address problematic behavior. We examined a case that was initially misclassified and quickly disposed of; further review by command staff revealed a series of important missteps that the Department is now actively correcting.
26.9 8 | P a g e
The second examines the need for a formal internal tracking system. Here, we examined the cases of an officer who we identified as having challenges in our 2023 Annual Report, and how more effective internal tracking and earlier intervention may have better served this officer’s professional development. We also report on the Department’s recent improvements in this regard, while stressing the importance of formalizing the process. The third identifies how incomplete allegation framing and narrow investigative scope created missed opportunities for corrective action. We examined a pair of officers who have collected a series of complaints, both internally and externally- generated, to illustrate the importance of holistic investigations, evidence-based findings, and internal tracking to correct problematic behavior.
The fourth identifies the importance of mentoring and accountability for supervisors. We examined the cases of a supervisor who continued to face performance challenges despite the Department’s frequent and varied informal and formal intervention attempts, and how this supervisor’s suboptimal performance led to missed opportunities to hold his line officer accountable.
The fifth describes two cases involving off-duty officers. The Department intervened quickly and issued the appropriate corrective action, a testament to its commitment to accountability and professionalism even when officers are off the clock. We noted that one was investigated with more rigor than the other and advise consistency in this regard.
Case Study 1: Case Classification Matters
Over the course of our engagement, SCPD has updated its case classification system to align with our recommendations and best practices nationwide. As of December 31, 2024, SCPD has four case classification types. The first three categories are investigated and managed by its Professional Standards Unit (PSU):
Informational: This classification is for cases that are brought to the
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attention of the Department by members of the public, but that, upon initial review of available evidence such as body-worn camera footage or police reports, show that the allegations definitively did not occur. SCPD closed 43 Informational cases in this audit cycle. Inquiry: This classification is for questions or concerns by community members about policies or procedures or improper conduct of relatively minor violations of procedure, courtesy or service, which, even if true, would not result in discipline. SCPD closed eight Inquiry cases in this audit cycle.
Formal: This classification is for cases where the complaining party, whether it be a member of the public or a Department supervisor, requests further investigation. In these cases, further investigation is needed to determine if an allegation is true. And, if it is true, the employees involved may be subject to discipline. SCPD closed eight formal investigations in this audit cycle.
The fourth was recently added: “Divisional Matters” (DM) are cases that are investigated at the division level by supervisors. We learned that these investigations were regularly conducted, but that they were not being tracked in any formal way. After discussion with our team, SCPD command staff created the new classification to better track and memorialize the work being done at the division level. These cases are now formally numbered and routed through the Professional Standards Unit for tracking purposes. If policy violations or problematic behavior are identified, DM cases may result in a range of corrective actions, including counseling, training and discipline that is recorded and kept in the employee’s personnel file for at least one year. We reviewed four DM cases in this audit cycle.
The classification of a case is determined by the Chief of Police after an initial review of the available evidence. Any subsequent investigative steps stem from the way the case is classified: cases that are classified as Informational, for example, are closed after a review of body-worn camera and police reports, while cases classified as Inquiries or Formal involve
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more investigative steps, such as officer, complainant, and witness interviews, to determine if the allegations are true.
In many cases, classification as Informational is appropriate: the allegations can be definitively disproven, and no violation- or need for corrective action is identified.
For example, in one case, a member of the public alleged that officers had inappropriately towed vehicles. A review of the body-worn camera and police reports showed that officers appropriately noticed the vehicles first.
After the vehicles were deemed “abandoned” 72 hours later, officers requested that the vehicles be towed. PSU determined that the officers followed City code and Department policy. Command staff classified the case as Informational, sent a close-out letter to the complainant, and closed the case. We found this to be an appropriate use of the case classification system.
In another case, a concerned community member contacted SCPD after a “sweep” of an encampment area, alleging that officers had improperly disposed of the individuals’ belongings. Here, SCPD reviewed all bodyworn camera footage of the incident to determine if any of the involved officers’ actions violated Department policy or the law. When none was identified (and as we concur), command staff classified the case as Informational. In an abundance of caution, PSU forwarded the incident to its Homeless Response Team for further evaluation to ensure that the actions were aligned with community expectations. A supervisor contacted the complainant to explain the incident and outcomes. The case was then closed. Again, this was an appropriate way to handle this matter.
In other cases, however, the evidence available was less definitive. In these circumstances, more investigation was necessary to determine if the allegations were true and if any policy violations had occurred. Some of these were appropriately classified as Inquiry or Formal cases, and a more rigorous investigative process was appropriately undertaken.
But other cases that were not immediately clear and required more investigation were classified as Informational. In those cases, we found this classification to be inaccurate based on the nature of the allegations and available evidence. We discussed these cases with command staff and, more often than not, they then conducted additional investigative
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steps that addressed our concerns. We appreciated the Department’s continued efforts to ensure that the issues raised by the complaint were fully addressed.
While the outcome may be the same in some cases, in other cases misclassification can lead to missed opportunities for essential corrective actions, both at the individual and systemic levels. In these "gray area cases" where the evidence does not immediately prove or disprove the allegation(s), the Department often cannot fully understand the totality of the situation and determine appropriate outcomes without a full investigation.
This was most evident in a complaint a family filed about the Department’s handling of an ongoing criminal investigation. Four months before filing the complaint, the family had provided the Department with additional evidence in their case; the new evidence showed that the subject posed a significant safety risk to the family involved. When the family did not hear back from the Department, the family emailed and called responding officers and the detective assigned to the case. They received no response to their calls and emails which prompted their filing of a complaint.
When the complaint became known to our team, we immediately contacted the Department in light of the ongoing safety concerns the family expressed. The Department assigned the criminal case to a new investigator who contacted the family, reviewed the case and determined that the evidence constituted criminal threats.
The Department also opened a complaint, which it classified as “Informational,” a designation reserved for cases where the evidence demonstrates the allegations are not true. And while the Department had already addressed the complainant’s immediate concern by reassigning a new detective to the case, its investigation of the circumstances underlying the complaint was too narrow. The Department concluded that the assigned detective’s sudden medical leave of absence had prevented the family from reaching him, determined no policies had been violated, and closed the case.
This complaint merited a formal investigation. PSU should have evaluated what steps the assigned detective had taken to investigate the case during
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the two and half months before his leave of absence.1 The detective’s efforts to keep the family informed of the investigation’s progress, including addressing their safety concerns, warranted further investigation as well.
This case also revealed larger operational issues within the Investigations Unit that a formal investigation should have addressed. We observed that none of the Detective’s other criminal cases were reassigned in his absence. Neither the Detective’s outgoing message or email response explained that the Detective had gone on leave and who could be contacted in his absence. When we asked about leave of absence protocols, case re-assignment, and investigative chronology, we learned that the Investigative Unit has no procedure manual or written requirements to log investigative steps.2 The Unit also lacks a system to track cases, case assignments, deadlines, status updates, and other key information. These are notable operational deficiencies that undermine the functioning of the Unit and contribute to the poor quality of service this complainant and her family received from the Department.
RECOMMENDATION 1
SCPD should develop a comprehensive, automated case tracking system for the Investigation Unit that tracks the cases, case assignment, re-assignments, deadlines, status updates, and other 1 Our review indicated that between the date the case was assigned to the Detective until the leave of absence, there was no documented work on the case and no communication with the victim. Department policy expects officers to “investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor.” (Policy 600.1). We suggest that the Department’s investigation should have addressed the Detective’s investigative inactivity and failure to communicate with the victim before he went on leave.
2 Detectives currently track investigative activities in Supplemental Incident Reports, but there is no protocol delineating the standards or requirements for documenting the investigative activities. We reviewed several that appeared to be blank or contain only cursory notes. This is not an industry best practice.
Detailed record-keeping, including field notes, activity logs, evidence collection, and status updates to the victim is a critical component of investigations.
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relevant information to ensure effective assignment and management of cases.
RECOMMENDATION 2
SCPD should create a procedure manual for the Investigation Unit that delineates investigative protocols and standards, including consistent use of an Activity Log that tracks all investigative steps per industry best practice.
In another case, a member of the public alleged unprofessional conduct, which was clearly disproved by the available body-worn camera footage.
But the complainant also alleged that the officer did not take a police report of criminal threats. The body-worn camera footage confirmed that the complainant had, in fact, described a potential criminal threat, and that the officer had not taken a report, a potential policy violation.3 Command staff directed PSU to contact the complainant to get more information about the criminal threat. PSU was unable to reach the complainant.
Despite identifying a potential policy violation – failure to take a police report when one was required – the Department classified this complaint as Informational. When we discussed this case with command staff, they concurred that the case required further intervention with the subject officer.
And, in a third case, a complainant who had historically filed numerous complaints with SCPD – many without merit – filed a complaint regarding the use of force during a bicycle stop. In that incident, officers were searching for a subject who had brandished a knife and was last seen riding a bike. Officers stopped the complainant, who was riding his bike in the same area and matched the general description of suspect. The complainant was initially cooperative, got off his bike, and stated that he 3 In the memo related to this Informational review, SCPD noted that the officer had “misinterpreted” the Penal Code related to criminal threats, 422(a), and that the officer should have asked more questions to determine if the threat reported was “immediate.” Absent more information, SCPD noted that it could not definitively determine if the officer had violated the report-writing policy.
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did not have a knife. One officer broadcast that the subject was “resisting,” and the complainant retorted that he was not. When instructed to sit down, the complainant responded that he would not sit down, but raised his arms and shirt to show that he was not concealing any weapons. A supervisor arrived and directed the officers to handcuff the complainant. When they attempted to do so, the complainant resisted, and the officers took the complainant forcefully to the ground. Officers detained the complainant for resisting.
The case notes suggested that no policy violations were identified, and the case was classified as Informational. On our review of the available evidence, it was unclear if the use of the takedown was reasonable or necessary, and further investigation was warranted to determine if the actions taken rose to the level of excessive force. Upon discussion with our team, the Department reported that it had subsequently reviewed the case in more detail and determined that the level of force was reasonable.
SCPD should adhere to its classification definitions. When the evidence is clearly dispositive, classification as an Informational is appropriate. But if the evidence is not clear, or points to potential policy violations, SCPD should investigate according to its policy and protocol.
RECOMMENDATION 3
SCPD should adhere to its own case type definitions when classifying administrative cases and conduct Inquiry or Formal investigations when the evidence is not clearly dispositive.
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Case Study 2: Case Management & Tracking
Across Department Functions
In our 2023 Annual Report, we recommended that the Department adopt a more holistic approach to multiple performance deficiencies and/or policy violations involving the same officer. This recommendation resulted after our review of a particular case involving an officer who had displayed a pattern of problematic behavior close in time.
This year, despite the Department’s efforts to provide close supervision and remediation, that same officer continued to engage in problematic behavior. The officer continued to display deficiencies in communication, on-scene response, investigation follow-up and report-writing. The officer was frequently absent and also deemed at fault in an on-duty vehicle collision. Moreover, in one case, the officer’s failure to de-escalate and the improper use of a Taser device endangered the safety of another officer and resulted in additional force being used on the arrestee that could have been avoided.
To its credit, the Department eventually took what we found to be appropriate action in the case of this particular officer and terminated the officer. Despite its eventual intervention, our review found that the officer’s performance deficiencies had not suddenly emerged but rather had existed for some time, in different assignments, and under various supervisors. Investigations involving this subject officer were conducted by different units / supervisors and were limited in scope. Overall, it seemed that the Department did not “connect the dots” on this officer’s performance overall, a recurring challenge.
We noted significant process improvements in case management and tracking from the start of our engagement with SCPD.
The Professional Standards Unit, for example, created an Excel workbook to better track its administrative investigation caseloads, assignments, statute dates, and any pending related litigation, which it shares with us on
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a regular basis to ensure that investigations are completed in a timely way. More recently, the Department agreed to formalize and track Divisional Matters in this workbook, a process improvement that brings more transparency and accountability to matters handled at the division level. And command staff will receive regular updates on the progress of investigations and inquiries.
Finally, command staff reported that it will now dedicate a portion of its weekly command staff meetings, which include all managers and lieutenants, to discuss any outstanding investigations/inquiries. This serves both to track progress on specific investigations and identify patterns of behavior across units and assignments.
This is progress. But we continue to be concerned with the absence of formal, automated tracking mechanisms across Department functions that can lead – and have led -- to the problematic operational inefficiencies that we discussed in the Case Studies in this report. These included lack of a case management system in the Investigations Unit resulting in cases remaining stagnant for months while a detective was on leave; the lack of an automated system for reporting and reviewing uses of force that results in missed reports and/or reviews and delays appropriate intervention when needed.
We acknowledge that the Department invested in several well-known software programs to remedy these concerns over the years but has yet to populate any of them.
When asked why, the Department cited competing priorities that prevented implementation, or that it needed to wait for other systems, such as their Records Management System (RMS) to be updated first. As of publication of this report, the new RMS system is still under development as a result of problems with the initial design. And, SCPD and the City’s Information Technology Department remain technologyfocused personnel resource challenged.
These programs, such as BlueTeam (which SCPD has already purchased), IAPro, or Axon Standards are regularly used by law enforcement agencies nationwide. Many law enforcement agencies also use these centralized data-base systems to track and review officer performance to identify at risk behaviors, referred to as “Early Warning” or
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“Early Intervention Systems.” 4
Collectively, these allow for the development of automated workflows, which would remedy the challenges related to submission of and supervisor reviews of use of force. These systems track and collect realtime data related to training, discipline, and high-risk activities, which serve to identify problematic patterns of behaviors early and regularly.
And, they integrate with existing RMS and Computer-Aided Dispatch (CAD)5 systems to reduce the need for data input and paper.
Some have argued that smaller agencies do not need these types of automated tracking mechanisms. The argument is that people and processes are known to them, as are problematic trends or challenges; as we note in this case study, once the Department became aware of this officer’s problematic behavior, it took steps to intervene. But this type of institutional, specialized knowledge departs when personnel are promoted, take leave, or retire; having a formal tracking mechanism ensures that the information is maintained across time.
While the Department has faced several challenges with system implementation overall, including initial challenges with updating its Report Management System, it is now progressing toward implementation.
SCPD has reported to us its commitment to effectively populate its 4 Policing experts describe EIS as one of the most important management tools for monitoring officer performance. See Walker and MacDonald, An Alternative Remedy for Polie Misconduct: A Model State “Pattern or Practice” Statute 19 Civil Rights Law Journal 479, 508 (2009) https://samuelwalker.net/wpcontent/uploads/2010/08/Walker_Macdonald-19_3.pdf. The International Association of Chiefs of Police (IACP) characterizes a comprehensive EIS as “an essential component to a well-managed law enforcement agency.” See Early Identification Systems (Concepts and Issues Paper), page 2 (May 2020) International Association of Chiefs of Police, hereinafter IACP’s EIS Concepts and Issues Paper https://www.theiacp.org/sites/default/files/2020- 05/EarlyIdentificationSystems%2005-19-2020-to%20publish.pdf 5 CAD is a software system used by emergency services to manage and coordinate responses to incidents efficiently. It is primarily used by police departments, fire departments, and emergency medical services (EMS) to track, dispatch, and communicate about active calls for service.
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purchased Blue Team tracking software within twelve months. It also reported that it is sharing the cost of an Information Technology Department staff person who will work to secure the Department’s technology systems and data; this shared resource might assist with the implementation of new internal tracking software systems, as these systems also contribute to overall data security.
RECOMMENDATION 4
SCPD should prioritize its commitment to implementing software designed for law enforcement agencies to enhance accountability, transparency, and efficiency, with a goal of populating such systems within the next 12 months.
Case Study 3: Importance of Holistic
Investigations
In this section, we examine a pair of officers – Officers 1 and 2 -- who are the subject of several complaints, both internally and externallygenerated. This case study serves to illustrate the importance of holistic investigations, consistent supervisor reviews, and evidence-based findings to correct problematic behavior. This series of cases occurred in a relatively short timeframe, and the Department acknowledged that they took proactive steps to intervene – such as changing their assignments, providing formal and informal counseling, and formal corrective action.
However, we found that the narrow scope of each investigation prevented the Department from formally addressing and correcting all the problematic behavior that we identified. That limited scope resulted in missed opportunities to provide corrective interventions to address every component of the officers’ actions, which included insubordination, dangerous tactical decision-making, and omitting facts in police reports.
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Further, these cases illustrate the importance of coupling swift supervisor intervention – which occurred here – with Professional Standards Unit review to determine if formal intervention / consequences are warranted.
In the first case, Officers 1 and 2 executed an arrest warrant in a case where Officer 2 had a personal relationship with the victim. Despite both officers being aware that a supervisor had ordered Officer 2 to refrain from any involvement in the case, Officer 1 requested permission from another supervisor to execute the warrant and then wrote a police report that omitted any mention of Officer 2. Officer 2 did not write a police report.
Officer 1 engaged in unsafe driving while transporting the arrestee and Officer 2. Later, it was discovered that the related body-worn camera footage had been tagged under a different incident number, creating difficulty in locating the footage for review.
When the original supervisor learned of the officers’ involvement in the arrest, he notified his superior of his concerns via a memo, and the Department initiated a formal administrative investigation. In his memo, the supervisor reported that the officers had previously inserted themselves in a domestic violence case involving a firearm where their unauthorized contact with the victim could have jeopardized the integrity of the case, but that issue was not handled formally.
While we agree with the corrective actions that took a comprehensive view of the officers’ actions, we found that the officers’ actions merited additional allegations.6
For example, Officer 1 wrote a police report
that omitted his partner’s participation, and Officer 2 failed to write any police report. These actions potentially violated SCPD’s Report Writing policy that requires reports to “accurately reflect the identity of the persons involved” and prohibits employees from suppressing, 6 In this case, the investigation covered three components: 1) whether the officers had violated their supervisor’s direct order when they arrested the suspect; 2) whether officers had violated traffic laws and endangered the safety of the subject when he drove over 90 mph while transporting the arrestee; and 3) whether the officers had intentionally mislabeled their body worn camera footage. The Department sustained the first two allegations and issued an “unfounded” finding concerning the mislabeling of the BWC footage.
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concealing or distorting the facts of any reported incident (see SCPD Report Writing Policy 322.1.1.), but were not framed.
Beyond these obvious “missing” report-writing allegations, the actions in this case called into question the officers’ decision-making and integrity, generally, a matter that was not formally considered. For example, the supervisor’s observation of the officers’ investigative interference in another case made addressing this specific aspect of the officers’ misconduct that much more imperative.
Within three months, Officers 1 and 2 engaged in a second troublesome case involving, not surprisingly, similar performance issues.
In this case, the officers’ problematic conduct came to light when the supervisor reviewing the police report found tactical and safety concerns about the arrest it described. The supervisor wrote a memo that identified several problems in the officers’ tactics, including using a Community Service Officer (CSO) in a potentially dangerous ruse to lure a felony domestic violence suspect out of his residence.
To the Department’s credit, the supervisor’s memo prompted the Department to issue a written directive instructing staff about the roles, duties and limited activities CSOs may engage in.
The incident also prompted an “inquiry” conducted by a supervisor. The investigation concluded by having a supervisor review the new directive with the officers, counsel them about the safety concerns of using the CSO in the case and direct them to comply with the policy when working with a CSO.
While these were important steps, our review suggested that the investigative scope was far too narrow, and that the Department should have gone further with an eye to correct the officers’ behaviors beyond the dangerous use of the CSO. For example, we identified issues of integrity in report-writing: Officer 2’s police report did not accurately represent the arrest circumstances and that the officers’ tactics placed both the CSO and themselves at risk and in positions of disadvantage, but these deficiencies were not considered in the investigation. This case was a missed opportunity to address more holistically the officers’ performance issues concerning felony arrest planning, tactics and report writing.
To remedy this, we recommend that the Department adhere to
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investigative best practices and frame all allegations of potential misconduct. Properly identifying and framing all allegations is procedurally important as it helps direct investigators to complete a thorough and efficient investigation. It is essential that allegations are well-structured to build strong, defensible cases.
RECOMMENDATION 5
SCPD should frame all potential allegations to ensure complete and thorough investigations that accurately reflect the totality of the circumstances of each case.
Officer 1 was also then involved in another problematic incident while off-duty, which we discuss in our section on “Off Duty Conduct,” below.
That incident was formally investigated, and the Department reported that they considered the totality of his often-troubled decision-making both on and off-duty in determining the appropriate corrective action and outcome for that case.
Finally, we also learned that Officer 2 was involved in a use of force that was not evaluated by a supervisor (we discuss that case in Case Study 4 below), and that had other concerning aspects (including Officer 2 transporting the subject on which he had used force at the direction of his supervisor). Officer 2’s actions related to that incident were not formally evaluated or corrected.
These cases illustrated a key aspect of internal investigations: the need to formally address problematic behavior when it arises, whether it be as a Divisional Matter or through Professional Standards Unit, to provide the most effective intervention(s). Here, for example, the Department missed an opportunity to formally address what appears to be a pattern of interference with case investigations because the first case involving that issue was never formally investigated (by the supervisor’s own admission). The officers’ faulty reports were not formally corrected, because the report-writing failures and omissions were not formally framed and investigated.
Beyond being a procedural best practice, proper and complete framing of allegations in a formal investigation allows the Department to begin tracking patterns of similar conduct over time, engage in intervention early (as we detailed in Case Study 1, above), and support progressively higher
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disciplinary outcomes. When allegations are missed, and no formal accountability occurs, it leaves the opportunity for continued performance deficiencies, which is what occurred for Officers 1 and 2.
Tracking in this manner would also have provided supervisors and command staff with a more comprehensive view of their employees’ strengths and challenges. In turn, supervisors could better monitor and tailor intervention strategies that address the behaviors and patterns exhibited in the series of cases as opposed to treating each case as a discrete or isolated event.
We noted an additional concern that falls outside the general theme of this case study but is worth noting. While the administrative investigation did not find evidence that the officers had intentionally mis-tagged their BWC, it did discover that the officers should have used a more accurate classification, which resulted in incorrect tagging: rather than associate the call with an existing case number and citing their actions correctly as a warrant service, the officers reported that they were “assisting another Department.” This resulted in dispatch pulling a new case number and classifying the call as an “Assist Other Department” (AOD). As a result, the auto-tagging feature also tagged the related body-worn camera as an AOD. The sergeant then had to manually search for the BWC footage by looking through videos listed by the date of the arrest.
This points to the importance of properly classifying calls for service at the onset so that the auto-tagging feature, which has vastly improved the Department’s data collection efforts and saved hours of officers’ time, properly tags body-worn camera footage. The Department should consider a Department-wide refresher training on the auto-tagging feature and the need for accurate information reporting. The training should include officers, supervisors, and dispatch personnel, and cover dispatch reporting requirements for follow-up calls to ensure proper BWC tagging.
RECOMMENDATION 6
The Department should consider a Department-wide refresher training on the auto-tagging feature that includes dispatch reporting requirements for follow-up calls to ensure proper BWC tagging.
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Case Study 4: The Role of Supervisors
We have commented in the past on the importance of effective line-level supervisors: line-level supervisors play a critical role in law enforcement operations because they are tasked with ensuring the effectiveness and professionalism of their teams and, ultimately, of the entire organization.
Effective supervisors foster a positive work environment, provide mentorship, and uphold departmental policies and legal standards. We observed the benefits of supervisors’ detailed memos and swift intervention in our case study of Officers 1 and 2, above, where the supervisor’s review and flagging of a troubling police report resulted in a department-wide directive and an investigation (while also noting that the Department should have done more).
But lack of effective supervision can lead to problematic officer performance. In this case study, we highlight a supervisor who did not perform as expected by SCPD, which may have contributed to poor performance by the supervisor’s subordinates. While the Department took various steps to intervene and correct the supervisor’s behaviors for over a year using both formal – including two administrative investigations that we detail here -- and informal mechanisms, and the supervisor showed minor improvements, the supervisor continued to face deficiencies and challenges in his supervisorial skills, communication, and adherence to policy and legal standards throughout the year.
In the first case, an officer responded to a call for service for a possible subject driving under the influence. That officer called Supervisor 1 for guidance on how to handle the call. Upon hearing the limited facts provided by the officer, and without asking any additional questions, Supervisor 1 approved of the officer’s plan of action, which included letting the subject leave the scene without a Field Sobriety Test (though driven by a sober driver). Supervisor 1 then repeatedly disregarded a second officer’s concerns about how the call was handled. Eventually, a third party submitted a complaint to SCPD regarding how the call was handled.
SCPD initiated a formal investigation into the matter.
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While that investigation was still being completed, the Department sent the supervisor to training courses designed to improve his supervisorial skill set. The Department also provided informal counseling and twice extended the supervisor’s probationary period. While the supervisor appeared to improve on some aspects, he remained deficient in others:
most notably, his supervision of direct reports both in the field and administratively. We identified cases involving this supervisor’s performance that did not rise to the level of policy violations but showed concerning behavior. 7
Others did rise to a more formal level: later in the same year, Supervisor 1 became the subject of a second administrative investigation. In that case, command staff identified that Supervisor 1 failed to properly supervise an officer while on scene and later did not conduct a use of force review as required. In that case, Officer 2 (from Case Study 3) attempted to apprehend a subject for skateboarding in the park after hours. While pursuing the subject, Officer 2 pushed the subject forward, causing the subject to sustain a leg injury. Officer 2 called for medical aid. But, when Supervisor 1 responded to the scene, he canceled the ambulance and directed Officer 2 to transport the subject, a direct violation of Department policy. He did not conduct a use of force investigation on scene or after, also in violation of policy (and, as we noted above, resulted in a missed opportunity to evaluate the force used by an officer under his command to determine its compliance with policy).
The Department appropriately determined that this required more immediate formal intervention. Rather than initiating a PSU investigation that can take longer to conclude, it opened a Divisional Matter into the incident and took corrective action within a matter of weeks. 7 For example, we reviewed this supervisor’s performance in a case involving an arrest of an intoxicated young man that occurred in the same timeframe. In our review of the body-worn camera related to that complaint case, which the Department classified as an Informational, we observed this supervisor use profanity when speaking with the arrestee; he eventually abruptly walked away.
While the supervisor’s actions did not rise to the level of a policy violation according to the Department, it did not shed a favorable light on the supervisor’s demeanor in the field, both with the arrestee and as a leader to the other responding officers.
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Shortly thereafter, PSU completed its formal investigation of the first case.
Command then issued more serious corrective action and also placed Supervisor 1 on a plan in which his performance related to use of force reviews would be closely evaluated by his supervisor. At that point, the Department committed to continued development of Supervisor 1, acknowledging that Supervisor 1 could benefit from more holistic training and mentorship.
These are all positive outcomes. But we remained concerned about this supervisor’s performance despite the Department’s many interventions, and the implications for officers under his command and increased risk and liability to the Department.
Our review of this supervisor’s cases also showed the importance of timely formal investigations, a challenge that we have observed and commented upon since the start of our engagement. While SCPD has made remarkable improvements in this regard, thanks largely to a dedicated employee in the Professional Standards Unit, some cases like this one faced avoidable timeline issues. In the first case, Supervisor 1’s potential policy violation was not identified for several months, when the second officer reiterated a concern with how the call was handled during the second officer’s (delayed) interview.8
Even then, Supervisor 1 was not interviewed as a subject officer until nearly three months later because Supervisor 1 reported that he had difficulty scheduling legal representation. The Department eventually intervened and scheduled the interview. We acknowledge that employees have a right to representation, but a three-month investigative delay for 8 Supervisor 1 was originally identified as a witness employee and provided a short administrative interview. In that interview, Supervisor 1 reported that, given the facts provided by the officer that day, he did not see anything wrong with how the officer had handled the call and could not recall what concerns were raised by the second officer.
Once the second officer provided an interview, it became evident that Supervisor 1 had potentially failed in his duties as a supervisor, and PSU added him as a subject officer. However, the lack of self-assessment and ownership during the first interview troubled us, and we raised this concern with SCPD, who acknowledged that Supervisor 1 required more development and training.
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that reason falls below acceptable standards. We recommend that the Department intervene earlier to avoid such delays while also balancing sworn personnel’s rights to due process.
RECOMMENDATION 7
When delays in investigation are caused by alleged scheduling conflicts or other external challenges, SCPD should intervene to facilitate and enable timely completion of administrative investigations, while also balancing sworn personnel’s rights to due process.
And while the Department was trying various informal interventions, the delay may have slowed the Department from acting formally to correct Supervisor’s 1 behavior.
We already discussed the second challenge – the lack of a comprehensive tracking system – in our second case study. In short, however, a formal tracking system would automatically require Supervisor 1 to complete use of force reports regularly and would trigger an intervention if Supervisor 1 was repeatedly deficient in this task. Arguably, it could have prevented the administrative concerns identified in the second case.
Overall, this case study suggests that correcting, coaching and counseling supervisors is essential, especially for smaller departments like SCPD, where supervisors are responsible for developing a smaller officer workforce. SCPD leadership acknowledged that line-level supervisor training is of paramount importance. In addition to providing a two-week orientation for newly promoted supervisors and sending these supervisors to POST Supervisor School, it has committed to sending all newly promoted supervisors to specialized training to meet individual needs, such as Assertive Supervisor School and/or the Supervisory Leadership Institute (SLI) as their schedules permit.
In addition, we recommend that SCPD also consider creating a formal Supervisor Field Training Officer (FTO) program beyond the two-week orientation. This type of program focuses on equipping supervisors with the skills and knowledge necessary to effectively manage, evaluate, and improve the training of officers in their command by partnering them longer-term with an established and experienced mentor supervisor.
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RECOMMENDATION 8
SCPD should evaluate their ability to create an in-house Supervisor Field Training Officer program to better support and develop their supervisory ranks.
Case Study 5: Investigative Protocol for OffDuty Incidents In this period, we reviewed several cases involving officer conduct while off-duty. This is a sensitive topic, as we acknowledge that police officers are humans and should be allowed a personal life like anyone else. Yet unlike civilians, police officers are entrusted with significant authority and responsibility, and their actions—both on and off duty—can impact public trust in law enforcement. Many departments, including SCPD, have codes of conduct that require officers to uphold the law, act ethically, and avoid behavior that could bring disrepute to the profession, even while off duty.
Misconduct off duty, such as engaging in criminal activity, discriminatory behavior, or actions that undermine community trust, can affect an officer’s ability to serve effectively. Given their role in upholding justice, maintaining accountability at all times is essential for credibility and integrity in policing. The reason for holding them to a higher standard is the power they wield—carrying weapons, enforcing laws, and making decisions that can impact people’s lives significantly. If an off-duty officer engages in unethical or criminal behavior, it raises concerns about their judgment and fitness for duty.
Indeed, SCPD’s current policy considers this in its Code of Professional Conduct, stating:
321.6.4 CANON FOUR
Peace Officers will so conduct their public life that they exemplify the high standards of integrity, trust and morality demanded of a member of the peace officer’s profession.
In this section, we discuss two cases that involved off-duty conduct unbecoming of an officer and how the Department handled them. While
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both resulted in appropriate corrective actions, the investigations themselves differed in their thoroughness and rigor. Ultimately, we commend the Department for identifying and addressing these officers’ actions and holding them accountable.
Conduct Unbecoming in a Traffic Collision
We reviewed a case where an off-duty officer was involved in a minor traffic collision after which the officer yelled at and acted aggressively toward the other vehicle’s occupants. He then called dispatch to cancel a call for service to his location. Later that evening, a neighbor alleged that the officer had stood in the roadway staring into the driver’s home.
The Department immediately initiated a formal investigation and promptly investigated and sustained most allegations. It conducted a rigorous assessment of the neighbor’s final allegation regarding the officer returning to the driver’s home and ultimately determined that there was insufficient evidence to prove or disprove that claim. We commend the Department for its prompt response to this incident.
Conduct Unbecoming in Domestic Violence Call-Out
We also reviewed the Department’s investigation into an off-duty SCPD officer’s involvement in an alleged domestic violence incident. A neighbor called 911 reporting a male – the off-duty officer -- and female arguing loudly and hearing the female say the male had thrown her against a dog kennel. When deputies from another agency responded, the off-duty officer closed the door on the deputies.
An on-duty supervisor heard the incident broadcast over the radio and raised the concern to Department leadership. This is commendable, and we acknowledge that supervisor for taking immediate action. The Department initiated an investigation, found the officer’s closing of the door on the deputies constituted a policy violation and took corrective action.
While we agree with the Department’s conclusion, we found that the Department did not follow its own administrative investigation process, a challenge that we shared with Department leadership.
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First, though a Department supervisor had already flagged the incident for review, the officer himself contacted his supervisor the following day to report the police contact. The officer’s wife joined the call, and they both adamantly denied that any domestic violence had occurred. We learned that the intention of this call was not to initiate or collect evidence for an administrative or criminal investigation: it was intended to advise Department leadership of the police contact per policy. However, both the officer and his spouse shared details about the incident, making the call more substantive and “investigative,” in our view, than a simple report. As such, we were concerned that the Department supervisor allowed the joint “statement” to occur (in any investigation, it is a best practice to take individual statements) and that the call was not recorded or terminated when the parties began to discuss substantive details.9 Second, because of this call, and after review of the available evidence from the responding agency (which included body worn camera footage, reports, and separate statements from the spouse and reporting parties), SCPD determined that it had sufficient information to make findings. They chose not to interview the involved officer or the spouse in any formal capacity, and to focus the investigation on the officer’s conduct toward the responding deputies. We found this to stray from the usual protocol for a formal administrative investigation wherein subjects and witnesses are typically formally interviewed.
RECOMMENDATION 9
When a case is classified as a Formal investigation, SCPD should follow its investigative protocol and conduct formal administrative interviews of subject employees.
9 We were also advised that the supervisor who took the call may have been providing peer support in light of the troubling episode. While we recognize there is a time and place for such conversations, this initial call may not have been the optimal time to do so.
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Policy and Procedure
Recommendations
In addition to administrative process improvements, our case reviews often identify policy and procedural challenges. This section examines specific cases to illustrate where current policies may be insufficient, inconsistent, or unclear. Our recommendations are informed by national best practices and legal precedents and aim to enhance the department’s ability to respond to incidents effectively, ensure officers are held accountable in a fair and transparent manner, and provide officers with the necessary support and training to uphold their responsibilities.
High-Risk Vehicle Stops
In August 2024, the 9th Circuit clarified the legal standard for conducting a “high-risk vehicle stop.” A high-risk vehicle stop, sometimes referred to as a “felony stop,” is a procedure police use when they suspect the vehicle they’ve stopped contains armed subjects or individuals who pose an officer or public safety threat. In these stops, typically two or more police units position themselves behind cover and at gunpoint, command the occupants one-by-one to exit the vehicle, often requiring them to walk back toward officers with their hands overhead or to lie prone or kneel on the ground as they are handcuffed and searched.
The Ninth Circuit reviewed the Los Angeles Police Department (LAPD)’s use of a high-risk vehicle stop in Chinaryan v. City of Los Angeles. Now, officers cannot conduct a high-risk vehicle stop based solely on reasonable suspicion that a vehicle is stolen. Most importantly, officers
26.32 P a g e | 31
can and should cease using high-risk stop procedures if the circumstances change.
To its credit, SCPD pro-actively responded to the Chinaryan decision by developing a comprehensive Training Bulletin. The Training Bulletin emphasizes the types of subject conduct that justifies the use of high-risk vehicle stop tactics, incorporates de-escalation and tactical planning, and offers less invasive tactics for conducting lower risk investigatory vehicle stops. We found the Training Bulletin to be comprehensive and informative.
It was particularly important for SCPD to issue this detailed guidance as we reviewed a complaint involving use of a high-risk vehicle stop that we found to be problematic in light of the Chinaryan decision.
In that case, which occurred before the Chinaryan decision, officers observed a vehicle moving at slow speed and weaving between lanes on a rainy night. An officer conducted a traffic stop, and the driver pulled over. The officer took several minutes before exiting his vehicle and before he could approach the driver, the driver drove away. (The driver later explained that when the officer did not approach her car, she thought the stop was not intended for her). Dispatch confirmed that she was likely traveling to her residence.
Officers engaged in a slow-speed pursuit to her home. When she parked her vehicle and began honking her horn (she later stated that she was scared and hoped that honking her horn would alert neighbors to help her), several officers engaged in high-risk vehicle stop tactics, including pointing several firearms at her and yelling commands to exit. Deputies from another agency who responded to the scene then stated to SCPD that they were familiar with the driver and that she was known to experience mental health challenges.
When she did not comply with SCPD direction or exit the vehicle, at the direction of a supervisor, SCPD approached the vehicle, visually identified the driver, broke the passenger-side window, and forcibly pulled the driver from the vehicle. They brought the driver to the ground, handcuffed her, and placed her in the rear of a police vehicle. She was transported to the hospital for medical clearance and then booked at the jail.
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The Department’s review of this incident identified note-worthy though minor tactical issues: one officer did not have ammunition for a less-lethal launcher, and another joined the pursuit when his participation was not necessary. The review found the use of high-risk vehicle stop tactics and force to be reasonable because the driver had fled from a traffic stop, might have been seeking to ambush the officers by using her horn to summon others, and was refusing to obey officer commands. Deescalation was not possible, the review suggested, because the female was honking the horn, likely could not hear, and continued to refuse to exit.
While these findings technically aligned with the policy and procedures in place at the time of the incident, and we are mindful of the risks faced by officers when conducting traffic stops, we found that the review missed the bigger picture and did not consider the totality of the circumstances as this specific stop unfolded. For example, although the other agency law enforcement personnel shared with SCPD officers their familiarity with the female and her mental health challenges, the supervisor did not appear to consider this information before ordering officers to break the passenger window and forcibly remove the driver. De-escalation tactics such as time and distance, requesting one of the deputies who was familiar with the subject to approach her or summoning a mental health liaison were never considered. Nor did the Department’s review consider the viability of these less invasive responses.
Furthermore, as underscored by the subsequent Chinaryan decision, the level of threat posed by the driver appeared low and disproportionate to the high-risk vehicle stop tactics the officers used. While she fled a traffic stop and refused to get out of her vehicle, they had no information to believe that she was armed, about to become violent, or had engaged in a violent crime before the stop. Here, officers and their supervisor had multiple opportunities to re-assess their tactical decision-making, particularly once they learned she had mental health challenges.
The court’s decision highlights the importance of proper training and recalibration when case law provides further guidance, and SCPD’s Training Bulletin is responsive in that it explicitly defines the use cases for high-risk stops and alternatives to these procedures. We remain optimistic that SCPD’s Training Bulletin will course-correct this important tactical decision-making in future traffic stops.
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Handling Property
The police have a responsibility to safeguard the property the arrested person may have with them at the time of arrest. Booking property from unsheltered individuals can present significant challenges, given that the property may be voluminous in comparison to the property encountered during the arrest of a housed person or in some situations, the ownership of the property may be unclear.
We reviewed several cases where individuals filed complaints about the difficulties they had in obtaining the return of their property from the Department. We observed that the Department’s investigations into these complaints of property loss were thorough and focused on locating the property and returning it to the complainant when possible; we included one such example in our introductory remarks where officers removed a tent from a public park, and the Department’s efforts to remedy this action.
And the Department took formal corrective action when needed: in one case, an individual’s backpack was left at the scene due to it smelling of urine. The Department found the officer’s actions had violated the property booking procedure for biohazards and counseled the officer about the appropriate procedures for handling biohazards.
In each case, the Department reported that it instructed the officers involved as to their duties and procedures for safeguarding property.
While the individual corrective actions were valuable, implementing training for all officers on duties and procedures for safeguarding property would be beneficial. To enhance the Department’s efforts in safeguarding the property of arrested individuals, we recommend implementing additional training for officers on the proper handling, documentation, and storage of arrested persons’ personal property.
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RECOMMENDATION 10
SCPD should implement additional training for officers on the proper handling, documentation, and storage of arrested persons’ personal property.
Training Dispatch
We reviewed several cases that involved communication with dispatchers that both we and the Department determined could be improved for better service delivery overall.
A place to start this discussion is by clarifying that the SCPD is part of the Santa Cruz County Regional 9-1-1, a centralized communications center that serves the County of Santa Cruz and the cities of Santa Cruz, Watsonville, and Capitola, as well as the County of San Benito and the City of Hollister. This is a separate entity from the Department that runs under its own leadership and accountability structure.
Regional 9-1-1 holds monthly User Group meetings, attended by a designated liaison from each agency; a supervisor attends the meeting on behalf of SCPD.
These meetings are used to discuss areas of collaboration and improvement between all parties involved.
We also learned that, when specific improvements or deficiencies from PSU cases are identified that involve dispatch personnel, these are forwarded to Regional 9-1-1 for review and potential action. For example, we reviewed a case in which officers did not use all the case history information obtained by dispatch when responding to a repeated call for service. In that case, a complainant alleged that she and her family contacted SCPD several times for assistance with their father, who was bipolar, possibly armed, and harassing the family. In their preliminary investigation into the matter, SCPD reviewed each call out individually.
SCPD did not observe any policy violations on the part of responding officers, and we concurred.
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However, SCPD did identify that officers responding to subsequent calls for service should have requested more information from dispatch regarding the prior calls for service at this address; similarly, dispatch could have provided a more comprehensive narrative to officers regarding past calls for service and the outcomes. Either of these would have helped officers respond more effectively.
Policy Updates from Prior
Recommendations
In our 4th Annual Report, published in May 2024, we made 14 recommendations that arose from the cases we had reviewed. The Department responded positively to our recommendations, in some cases initiating immediate policy changes.
Since the start of our engagement in 2020, we have made 73 recommendations. Appendix B lists these and the Department’s response to those recommendations. Overall, we are gratified that the Department agreed with nearly 90% of our recommendations (61). They disagreed with seven, including two regarding the Critical Incident investigation process, and five recommendations are pending decision.
Where the Department agreed with our recommendations, it acted by drafting new policy, editing existing policy or updating Standard Operating Procedures; these actions are documented in Appendix B. Below we highlight three new policies—the recording of law enforcement actions, foot pursuits and warning before an officer’s use of force—that the Department created in consultation with our team during 2024.
We appreciate the Department’s collaboration on completing Appendix B.
First Amendment Rights
Based on our review of a case involving a bystander’s recording of police activities during a burglary investigation, we suggested that the Department draft a policy to address the right to record law enforcement activity.
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The Department’s Recording of Police Employee’s policy outlines a bystander’s right to observe, record and retain recorded material of law enforcement activities and explains limitations to this First Amendment right such as safety and interference with an officer’s duties. The policy also delineates the supervisor’s on-scene response, warnings when an individual is interfering with safety or an officer’s duties and the circumstances that permit seizure of evidence.
We commend the Department for implementing a policy that provides both the public and officers important guidance on the First Amendment right to record police activities.
Foot Pursuit Policy
Last year we reviewed a case in which two officers responded to a residential burglary. When two males fled from the scene, one officer left her partner and followed on foot in a possibly armed subject and a second unknown subject while carrying her rifle, while her partner followed in his police vehicle. The Department responded positively to our concerns that the officer’s tactical decisions posed significant safety risks and our recommendation to adopt a foot pursuit policy.
In October the Department finalized its foot pursuit policy. Created in consultation with our team, it provides sound guidance as to when and how officers should engage in a foot pursuit and balances both officer and public safety. We understand the Department’s reluctance to make the communication requirements of the pursuing officer mandatory.
Nonetheless, due to the significant officer and public safety risks that a foot pursuit can pose, we continue to recommend that an officer engaged in a foot pursuit be required to broadcast vital information such as location and direction of travel, reason for pursuit, number and description of suspects and whether the suspect is armed.
Warning and Time to Comply Before Using Force
Last year and in 2022, we recommended that the Department enhance its Use of Force policy by requiring, when feasible, that officers provide a verbal warning and an opportunity to comply before using force. Several law enforcement agencies require a verbal warning before force is used.
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A warning is also consistent with our state law’s mandate to use deescalation techniques and other alternatives to force when feasible10 .
In October 2024, the Department amended its Use of Force policy to require when feasible a warning and time to comply before an officer uses force. The policy also requires that officers document instances when warnings are not provided. The Department also issued a Training Bulletin to explain this change in policy.
We appreciate the Department’s dedication to incorporating nationwide best practice standards into its policies and engagement with our team on policy development.
10 See California Government Code section 7286(b)(1).
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Community Engagement
Throughout the year, we fielded referrals and complaints regarding SCPD actions. The IPA team talked with complainants and assisted them at various stages of the complaint process. We met with representatives from the ACLU, NAMI and the NAACP. In October, we meet with the Chief’s Advisory Committee to discuss our findings and recommendations in our Annual Report and our role as Independent Police Auditor.
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Conclusion
The Santa Cruz Police Department has made commendable strides in improving its internal investigative systems and operational practices.
Still, our findings underscore the need for an internal accountability system that tracks officer behavior across multiple incidents and provides interventions to correct problematic patterns. Additionally, we recommend enhancements in case classification and investigation scope to ensure thorough accountability. As evidenced by case studies, SCPD’s responsiveness and willingness to engage in real-time dialogue to improve its processes are commendable, but structured strategies are needed to support long-term change.
Policy updates within the department, such as those related to the use of force, high-risk vehicle stops, and the handling of property, have demonstrated the department’s commitment to improving practices and aligning with national standards. These updates, in response to previous recommendations and evolving legal guidelines, reflect SCPD’s dedication to better serving the public while ensuring officer safety and accountability.
OIR Group remains committed to listening to public concerns and collaborating with SCPD’s command staff and City leadership in this ongoing journey of reform and improvement.
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Recommendations
1: SCPD should develop a comprehensive, automated case tracking system for the Investigation Unit that tracks the cases, case assignment, re-assignments, deadlines, status updates, and other relevant information to ensure effective assignment and management of cases.
2: SCPD should create a procedure manual for the Investigation Unit that delineates investigative protocols and standards, including consistent use of an Activity Log that tracks all investigative steps per industry best practice.
3: SCPD should adhere to its own case type definitions when classifying administrative cases and conduct Inquiry or Formal investigations when the evidence is not clearly dispositive.
4: SCPD should prioritize the implementation of software designed for law enforcement agencies to enhance accountability, transparency, and efficiency and populate such systems within the next 12 months. 5: SCPD should frame all potential allegations to ensure complete and thorough investigations that accurately reflect the totality of the circumstances of each case.
6: The Department should consider a Department-wide refresher training on the auto-tagging feature that includes dispatch reporting requirements for follow-up calls to ensure proper BWC tagging. 7: When delays in investigation are caused by alleged scheduling conflicts or other external challenges, SCPD should intervene to facilitate and enable timely completion of administrative investigations, while also balancing sworn personnel’s rights to due process.
8: SCPD should evaluate their ability to create an in-house Supervisor
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Field Training Officer program to better support and develop their supervisory ranks.
9: When a case is classified as a Formal investigation, SCPD should follow its investigative protocol and conduct formal administrative interviews of subject employees.
10: SCPD should implement additional training for officers on the proper handling, documentation, and storage of arrested persons’ personal property.
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Appendices
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26.44 APPENDIX A: 2024 Annual Audit
2024 Closed Formal and Inquiry Cases – Summary & Findings Annual
Report
Case No. Brief Summary SCPD Allegations/Findings IPA Review OIR20-029
Department-initiated review of a Taser
deployment when officers responded to a
domestic disturbance call for service in a
public location.
The Department exonerated the officer for use of
force and application of Taser; the Department also
found the officer did not issue a warning as required
by policy and that the supervisor had not approved
the officer’s report
Significant investigative delays
after civil lawsuit concluded
prevented any disciplinary action
though officer and sergeant were
retrained on Taser & report policy
requirements.
OIR23-04
Complaint regarding officer’s response to
a call for service involving a welfare
check.
The Department exonerated the officer and also took
corrective action. Concur
OIR23-05
Complainant reported that officers failed
to secure his property, which resulted in
its loss. The individual had made
conflicting statements about his
ownership of the property.
The Department exonerated officer of property
handling and de-activation of body worn camera
allegations; corrective action taken. Concur
OIR23-07
Complainant alleged that officer had
acted inappropriately and stole his
property.
Allegations of improper search and theft unfounded;
violation of improper booking procedure sustained.
Corrective action taken. Concur
OIR23-11
Complainant alleged that an officer had
submitted a police report with errors.
The officer corrected the police report
and submitted it to the DA for disposition. Corrective action taken.
Concur; six-month delay in
contacting complainant prevented
filing a supplement report in a
timely manner.
OIR23-12
Complainant alleged that officers
harassed and assaulted him and left his
property at the scene.
A supervisor determined the officer had inadvertently
left the backpack at the scene. Corrective action
taken. BWC footage showed proper control hold to
facilitate arrest. Concur
26.45 APPENDIX A: 2024 Annual Audit
2024 Closed Formal and Inquiry Cases – Summary & Findings Annual
Report
Case No. Brief Summary SCPD Allegations/Findings IPA Review OIR24-01
Complainant alleged officers used
excessive force and injured her when
they removed her from her vehicle after a
traffic stop and pursuit.
The Department exonerated officers on use of force
allegations but found other deficiencies. Corrective
action taken.
See IPA's discussion in High-Risk
Vehicle Stop section of this Report.
OIR24-02
Complainant alleged that officers were
speeding on the highway without
lights/sirens.
The Department reviewed all available video footage
and determined that the officers involved were not
driving recklessly. The Chief requested a review of
the Department's MAV policy, Policy 422. Concur
OIR24-03
Complainant alleged officer failed to
conduct a proper DUI investigation and
instead permitted the suspect to leave
the scene.
The Department identified policy violations and
corrective action taken.
See IPA's discussion in Case
Study: The Role of Supervisors in
this Report.
OIR24-05
Complainant alleged that officers had
failed to safeguard his property after
arrest.
The Department located & returned the
complainant's property to him. Corrective action
taken. Concur
OIR24-07
Department-initiated investigation of an
off-duty officer's involvement in a traffic
collision and his subsequent actions.
The Department identified policy violations and took
corrective action.
Concur. See IPA's discussion and
recommendations in Case Study:
Importance of Holistic
Investigations section of this
Report.
OIR24-08
Department-initiated investigation of
officers' performance during execution of
an arrest warrant.
The Department identified policy violations and took
corrective action. The Department issued an
"unfounded" finding about the mislabeling of the
BWC footage.
Concur. See IPA's discussion and
recommendations in Case Study:
Importance of Holistic
Investigations section of this
Report.
OIR24-10
Department-initiated investigation of an
off-duty officer's conduct during a call for
service regarding possible domestic
violence.
The Department identified policy violations and took
corrective action
Concur. See IPA's discussion and
recommendations in
Responsibilities While Off-Duty
section of this Report.
OIR24-11
Complainant alleged noise complaint
was not appropriately investigated.
The Department counseled the officers about
following up with the complainant. Concur
26.46 APPENDIX A: 2024 Annual Audit
2024 Closed Formal and Inquiry Cases – Summary & Findings Annual
Report
Case No. Brief Summary SCPD Allegations/Findings IPA Review OIR24-14
Department-initiated investigation of
officers' tactical decision-making during
execution of an arrest warrant.
The Department counseled the officers about the
limitations/roles of community service officers. The
Department issued a directive on the limitations/roles
of community service officers.
Concur. See IPA discussion and
recommendations in Case Study:
Importance of Holistic
Investigations section of this
Report.
OIR24-16
Complainant alleged that an officer had
failed to properly handle a hit-and-run
traffic collision.
The Department concluded the officer had not
violated any duty. Concur
DM24-21
Department-initiated investigation into
officer's use of force and taser during the
arrest of a trespasser.
The Department sustained the use of force and
inappropriate use of Taser allegations and took
corrective action.
Concur. See IPA's discussion and
recommendations in Case Study:
Early Interventions for Professional
Development section of this
Report.
DM24-22
Department-initiated investigation into a
recruit's inappropriate joke during the
Academy.
The Department sustained the allegation and took
corrective action. Concur
DM24-23
Department-initiated investigation into a
supervisor's failure to communicate with
another city agency about a criminal
assault upon the agency's employee and
convey the victim's interest in
prosecution.
The Department sustained the allegation and took
corrective action. Concur
DM24-24
Department-initiated investigation
involving a supervisor's failure to conduct
a use of force investigation and failure to
follow Department protocol.
The Department sustained the allegations and took
corrective action. Concur
26.47 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 1 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
1 2023 Annual
Report 5/28/2024
SCPD should revise its critical incident protocols or
develop training materials to ensure that once an officerinvolved shooting scene is secure, SCPD should direct any available officer to immediately sequester involved officers and prevent those officers from further
involvement in the incident. Agreed Completed
This has been implemented and is now standard
operating procedure. Update to policy is pending.
2 2023 Annual
Report 5/28/2024
SCPD should revise current policy or develop training
materials to explicitly require that all involved officers shall be observed and sequestered until they are able to provide a Public Safety Statement to a supervisor, and
then removed from the immediate scene of an officerinvolved shooting, unless there is a special need to assist at the location. Agreed Completed
This has been implemented and is now standard
operating procedure. Update to policy is pending.
3 2023 Annual
Report 5/28/2024
SCPD and its County partners should revisit its Critical Incident Guidelines and express a preference for sameday interviews to better align with 21st Century critical incident investigative practices, unless precluded by
extenuating circumstances such as an injury of an
officer. Disagreed Not Completed
This was proposed to the County Critical Incident Team, but was not accepted by the group.
4 2023 Annual
Report 5/28/2024
SCPD should revise its own internal policy, General
Order 306, to express that same preference to require
interviews of involved and witness officers before the
end of their shift. Disagreed Not Completed SCPD disagrees with this recommendation. 5 2023 Annual
Report 5/28/2024
SCPD should remove language in current policy that
permits officers involved in a critical incident from
viewing their body-worn camera recording(s) prior to
providing a statement. Disagreed Not Completed SCPD disagrees with this recommendation. 6 2023 Annual
Report 5/28/2024
SCPD should update General Order 309: Canines to
require that all canine bites be reviewed using the
Department’s formal use of force review process,
including on-scene investigation (e.g., interview of
subjects, victims and witnesses), review by command
staff, and a Use of Force Review Board. Pending Pending This is still pending a decision from management. 7 2023 Annual
Report 5/28/2024
Upon implementation of its new Foot Pursuit Policy,
SCPD should train officers in its new Foot Pursuit Policy. Agreed Completed Policy 425 is now in effect and officers have been
trained.
26.48 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 2 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
8 2023 Annual
Report 5/28/2024
Once implemented, SCPD should evaluate all incidents
that involve a foot pursuit for compliance with the Foot Pursuit policy. Agreed Completed
Policy 425 is not in effect and states "The supervisor
shall continuously assess the situation in order to ensure the foot pursuit is conducted within established
department guidelines."
9 2023 Annual
Report 5/28/2024
SCPD should align the canine unit's Procedure Manual
with General Order 309: Canines Agreed In-progress This recommendation is still in-progress. 10 2023 Annual
Report 5/28/2024
SCPD should conduct a holistic review of all cases and
engage in broader “issue spotting” to provide the
appropriate level of investigation and remedial action
across all PSU investigations. Agreed Completed
This has been implemented and is now standard
operating procedure.
11 2023 Annual
Report 5/28/2024
SCPD should consider more detailed analysis of biasedbased policing investigations, including at least a document review of subject officers’ complaint history
and recent stop data statistics. Agreed Completed
This has been implemented and is now standard
operating procedure.
12 2023 Annual
Report 5/28/2024
When corresponding with complainants known to
communicate in a language other than English, SCPD
should consider translating all written correspondence, such as the close-out letter, into the complainant’s
language using the City’s translation services. Agreed Completed This has been implemented and is now standard
operating procedure.
13 2023 Annual
Report 5/28/2024
SCPD should post a more complete RIPA data set to
increase transparency and accountability in its traffic stops including the total number of detentions in addition to percentages. Agreed Completed
The Records Division now posts RIPA data quarterly to
include total number of detentions and percentages.
14 2023 Annual
Report 5/28/2024
SCPD should draft a policy to address the public
recording of law enforcement activity that address topics such as the right to observe, record and retain recorded material of law enforcement activities, safety and
interference of officer duty restrictions, supervisor onscene response, warning when an individual is interfering with safety of an officer’s duties and the
circumstances that permit seizure of evidence. Agreed Completed Policy 429 "Recording of Police Employees" has been
drafted and is now in effect.
15 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to permit Taser use only when there is an immediate threat to the safety of the officers or others, consisting of observable assaultive behavior or the threat thereof. Agreed Completed Policy 305.1 now states the Taser may be used when
"The subject is violent. The subject has demonstrated,
by words or action, an intention to be violent or to
physically resist, and reasonably appears to present the potential to harm officers, him/herself, or others."
26.49 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 3 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
16 2022 Annual
Report 5/9/2023
SCPD should ensure that when its supervisors evaluate
uses of force that they consider each of the relevant
factors articulated in its policy. Agreed Completed
This has been implemented and is now standard
operating procedure.
17 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to require officers to document the justification for multiple
applications of a Taser and Taser exposure longer than
15 seconds. Agreed Completed
Policy 305.5.3 now states "Multiple applications of the Taser, including the justification for each application, shall be documented....Taser exposure lasting longer
than fifteen seconds, including the justification for, shall also be documented in the related report"
18 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to require that the Department’s review of a Taser incident
includes whether multiple applications of the Taser or
Taser exposure for longer than 15 seconds was justified. Agreed Completed Policy 305.8 now states "A supervisor should review
each incident where a person has been exposed to a
Taser device. to include whether multiple applications of the Taser and/or Taser exposure for longer that fifteen seconds was justified."
19 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to require that post-Taser deployment, the reviewing sergeant
download the Taser use data concerning the event,
including but not limited to the number of discharges,
amount of time for each discharge, time between
discharges, and probe or stun mode application. Agreed Completed Policy 305.8 now states "The device's onboard memory
should be downloaded through the data port by a
supervisor and saved with the related arrest/crime
report. The download of the Taser use data concerning
the event shall include but not limited to the number of discharges, amount of time for each discharge, time
between discharges, and probe or stun mode
application."
20 2022 Annual
Report 5/9/2023
The Department should adopt policy that requires use of force review to assess the effectiveness of
communication by involved personnel. Agreed Completed Policy 302 (Use of Force Review Board) is now in effect. 21 2022 Annual
Report 5/9/2023
The Department should adopt a policy that requires all
relevant allegations of potential misconduct against
involved officers and supervisors be brought. Any
recommendation suggesting that a member should be
named as a subject but then not followed should be
documented and explained in the investigative file. Agreed In-progress This has been implemented and is now standard
operating procedure. Update to policy is pending.
26.50 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 4 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
22 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to require the Taser instructor team to analyze all reports involving Taser deployment and to provide recommendations
concerning tactics, decision-making, policy, training and supervision related to their subject matter expertise and incident review. Agreed In-progress Update to policy pending. 23 2022 Annual
Report 5/9/2023
The Department should revise its Taser policy to
address the increased risks that the Taser poses
(including from single and multiple activations) to
susceptible individuals that the Taser manufacturer has identified. Agreed Completed Policy 305.5.2 now addresses the increased risks. 24 2022 Annual
Report 5/9/2023
The Department should ensure that careful attention be
placed on the review of any Taser use in drive stun
mode to ensure that it meets the limited exceptions set out in policy. Agreed Completed
This has been implemented and is now standard
operating procedure.
25 2022 Annual
Report 5/9/2023
The Department should revise its Use of Force policy to define supervisors’ duties to document and review a
reportable force incident. Agreed Completed See policy 300.7 "Supervisor Responsibility" 26 2022 Annual
Report 5/9/2023
The Department should revise its Use of Force policy to identify each reviewer in the chain of command and their incident review duties. Agreed Completed
This has been implemented and is now standard
operating procedure. Update to policy is pending.
27 2022 Annual
Report 5/9/2023
The Department should identify the one-year statute of
limitations date for each administrative investigation and actively monitor and ensure that the Department’s
internal review and notification of potential discipline to involves officers are provided within the statutory period. Agreed Completed This has been implemented and is now standard
operating procedure.
28 2022 Annual
Report 5/9/2023
The subject officer’s supervisor should be required to
participate in a comprehensive debriefing about this
incident, including his evaluation of his subordinate’s performance throughout the incident. Agreed Completed This debrief was completed by a manager. 29 2022 Annual
Report 5/9/2023
The Department should amend its Use of Force policy to
require officers to document their de-escalation efforts in their incident reports. Agreed Completed
Policy 300.5 now states "The officer should articulate
the factors perceived and why he/she believed the use
of force was reasonable under the circumstances, and
any alternative tactics or de-escalation efforts employed if applicable."
30 2022 Annual
Report 5/9/2023
The Department’s review of force incidents should
include whether de-escalation efforts were warranted
and their effectiveness. Agreed Completed
This has been implemented and is now standard
operating procedure.
26.51 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 5 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
31 2022 Annual
Report 5/9/2023
The Department should consider adopting a children of
arrested parents policy. Agreed Completed
Policy 339 "Children of Arrested Parents" policy has
been adopted.
32 2022 Annual
Report 5/9/2023
The Department’s review of force incidents should
include any planning efforts by the Department before
the incident. Agreed Completed
This has been implemented and is now standard
operating procedure.
33 2022 Annual
Report 5/9/2023
The Department should treat complainants of the same
incident as co-complainants and provide notification of the Department’s findings at the conclusion of its case. Agreed Completed This has been implemented and is now standard
operating procedure.
34 2022 Annual
Report 5/9/2023
The Department should revise its Use of Force policy to provide when feasible a warning and time to comply
before using force. Agreed Completed
Policy 300.3.2 now states "Where feasible and when it is safe to do so, a peace officer shall, prior to the use of any force, make reasonable efforts to identify
themselves as a peace officer and to warn that force
may be used…"
35 2022 Annual
Report 5/9/2023
The Department’s letter to complainants should provide
findings as to each allegation raised in the complaint. Agreed Completed Policy 1009.10.1 now states "A disposition letter that
provides findings as to each allegation raised in the
complaint should be sent to the complainant for all
complaints (formal, inquiries, and informational) received when appropriate."
36 2021 Annual
Report 3/23/2022
The Department should propose that the County’s
Critical Incident Guideline be revised to include
interviews of involved and witness officers before the
end of their shift unless extenuating circumstances such as significant injury to an officer preclude this. Disagreed Not-Completed This was proposed to the County Critical Incident Team, but was not accepted by the group.
37 2021 Annual
Report 3/23/2022
The Department should revise its Officer Involved
Shooting and Death policy to require interviews of
involved and witness officers before the end of their shift unless precluded by extenuating circumstances such as
an injury of an officer. Disagreed Not-Completed SCPD disagrees with this recommendation. 38 2021 Annual
Report
3/23/2022
The Department should revise its Seat Belt policy to
require constant monitoring of individuals handcuffed in patrol vehicles who cannot be safely seat-belted in light of the significant risk of positional asphyxiation of
handcuffed individuals lying in a stomach-down position. Agreed Completed Policy 1010.5 now states "Officer(s) will maintain
observation of detainee to monitor breathing status and significant risks of positional asphyxiation."
39 2021 Annual
Report 3/23/2022
The Department should revise its Mobile Audio/Video
(MAV)policy to require the activation of the in-car video camera when transporting prisoners. Agreed Completed
Policy 422.4 now states "Upon a detainee being placed
in a patrol vehicle, the Fleet system will be activated and remain active until the detainee is removed from the
vehicle."
26.52 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 6 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
40 2021 Annual
Report 3/23/2022
The Department should revise its Officer Involved
Shooting and Death policy to define the Use of Force
Review Board’s composition, duties, timelines, meetings and scope. Agreed Completed Policy 302 (Use of Force Review Board) is now in effect. 41 2021 Annual
Report 3/23/2022
The Department should revise its Officer Involved
Shooting and Death policy to include a formal process to document, monitor and implement recommendations
and action steps arising from the Board’s assessments. Agreed Completed Policy 302 (Use of Force Review Board) is now in effect. 42 2021 Annual
Report 3/23/2022
The Department should revise its Officer Involved
Shooting and Death policy to require that involved and
witness officers be debriefed on any issues/concerns
identified by the Review Board. In Progress In-Progress This recommendation is still in-progress 43 2021 Annual
Report 3/23/2022
The Department should debrief with the involved officers about this incident, including their incorrect assumption 9 that the detainee was feigning his medical distress as well as the other issues raised by the Department’s and IPA’s review. Agreed Completed This debrief was completed. 44 2021 Annual
Report 3/23/2022
SCPD should implement a more robust mechanism to
ensure that any recommendations coming out of a post
incident review are timely considered and implemented. Agreed Completed This has been implemented and is now standard
operating procedure.
45 2021 Annual
Report 3/23/2022
The Department should implement a system for
accurately documenting the time, date and manner it
has received a personnel complaint in its investigative file, and should update its Personnel Complaint policy to include this documentation requirement. Agreed Completed This has been implemented and is now standard
operating procedure. Update to policy is pending.
46 2021 Annual
Report 3/23/2022
The Department’s Personnel Complaint policy should be
revised to require that any reasons for significant
investigative delays be documented in the investigative file, and SCPD should ensure compliance with the
approval requirement for extensions. Agreed Completed
Policy 1009.6.5 now states "... significant investigative delays, any extension requests, and authorizations for
such requests shall be documented in the investigative
file."
47 2021 Annual
Report 3/23/2022
The Department should continually monitor the
timeliness of its complaint investigations through regular status updates to the Chief or his designee. Agreed Completed This has been implemented and is now standard
operating procedure. Weekly meetings with the Chief
occur to discuss status updates on all complaints.
48 2021 Annual
Report 3/23/2022
: The Department’s Personnel Complaint policy should
be revised to require that any tolling exception to the one year statute of limitations be approved by a
supervisor in consultation with the City Attorney and
documented in the investigative file. Agreed Completed
Policy 1009.6.5 now states "Any required tolling
exceptions to the one-year statute of limitations shall be approved by a Deputy Chief, in consultation with the City Attorney, and documented in the investigative file."
49 2021 Annual
Report 3/23/2022
The Department should describe any reform or learning
that resulted from the complaint when notifying the
complainant of its investigation’s conclusion. Agreed Completed This has been implemented and is now standard
operating procedure.
26.53 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 7 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
50 2021 Annual
Report 3/23/2022
The Department should re-evaluate this complaint by
focusing on principles of bias by proxy when responding to calls for service. Agreed Completed
SCPD re-evaluated the case focusing on the principles
of bias by proxy. Although SCPD remains sensitive and
cognizant when responding to these types of calls,
SCPD determined there was enough reasonable
suspicion to warrant a response to this incident.
51 2021 Annual
Report 3/23/2022
The Department should develop policy and training on
how to prevent bias by proxy when responding to calls
for service. Agreed In-Progress This recommendation is still in-progress 52 2021 Annual
Report 3/23/2022
The Department should develop a written protocol to
require that copies of complainant letters are retained and included as part of the investigative file. Agreed Completed This has been implemented and is now standard
operating procedure. Update to policy is pending.
53 2021 Annual
Report 3/23/2022
The Department should revise its Personnel Complaint
policy to require that the complainant be interviewed as to each allegation and that a final personnel complaint investigation include findings for each allegation. Agreed Completed This has been implemented and is now standard
operating procedure. Update to policy is pending.
54 2021 Annual
Report 3/23/2022
The Department should notify the complainant in writing of its investigative conclusions and explain its policy and training efforts on bias by proxy. Agreed
Partially
Completed
This was completed by phone by a manager. A written
conclusion was never sent.
55 2021 Annual
Report 3/23/2022
The Department’s Personnel Complaint policy should be
revised to require reasonable efforts to timely interview complainant. Agreed Completed
This has been implemented and is now standard
operating procedure.
56 2021 Annual
Report 3/23/2022
The Department should consider implementing a
procedure that identifies and offers mediation for low
level complaints. Agreed In-progress This recommendation is still in-progress. 57 2021 Annual
Report 3/23/2022
The Department should issue roll call training on Civil Harassment Restraining Orders After Hearing that
instructs officers on their duty to advise restrained
parties of the terms of the order and how to take
enforcement action. The roll call training should also
clarify that Policy 320.2.9(a) does not apply to courtordered civil harassment restraining orders. Agreed CompletedThis training was completed by the department's victim advocate.
58 2021 Annual
Report 3/23/2022
The Department should implement a system that
captures accurate and sufficient detailed information
regarding intake, status, and disposition of complaints for easy tracking and reference. Agreed Completed
This has been implemented and is now standard
operating procedure.
26.54 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 8 Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
59 2021 Annual
Report 3/23/2022
The Department should re-evaluate the findings in this
case and consider issuing the complainant a new
disposition letter. Agreed Not Completed
Involved officers were no longer employed and unable to be interviewed to determine their rationale for not
serving order. SCPD determined involved officers did
not violate policy.
60 2021 Annual
Report 3/23/2022
The Department should develop policy to address the
circumstances for including or excluding the identity of an arrestee in its social media postings. Agreed Completed Policy 323.6 Now states "Content that is prohibited from positing includes….(H) Any booking photos of an
individual arrested on suspicion of committing a
nonviolent crime….."
61 2020 Annual
Report 10/21/2020
Case 2019-011: The dispatcher who provided erroneous
information that led to the complainant being
erroneously booked on violating a court order should be counseled about the mistake. Agreed
NETCOM was
advised of error
This was forwarded to NETCOM for them to provide
disposition.
62 2020 Annual
Report 10/21/2020
Santa Cruz PD should develop protocols/practices to
ensure that copies of complainant letters are retained
and included as part of the investigative file. Agreed Completed This has been implemented and is now standard
operating procedure.
63 2020 Annual
Report 10/21/2020
Case 2020-004: SCPD should counsel the responding
officer on his failure to initially inquire and secure any surveillance video capturing the incident. Disagreed
No crime
occurred
SCPD disagrees with this recommendation, as we
believe no crime occurred and therefore no need to
collect surveillance video
64 2020 Annual
Report 10/21/2020
Case 2020-004: SCPD should counsel the investigator
regarding his failure to address the initial responding officer’s failure to make inquiry and secure any video of the incident. Disagreed
No crime
occurred
SCPD disagrees with this recommendation, as we
believe no crime occurred and therefore no need to
collect surveillance video
65 2020 Annual
Report 10/21/2020
The investigator should be advised about the need to
ensure that all allegations and performance issues be
identified and addressed in the investigation. Agreed Completed This was completed and now a standard operating
procedure.
66 2020 Annual
Report 10/21/2020
Case 2020-017: The sergeant should further be
counseled about his inappropriate comment to the
complainant. Agreed Completed
The sergeant was counseled about his failure to identify himself.
67 2020 Annual
Report 10/21/2020
Case 2020-017: The officers should be specifically
counseled about their failure to identify themselves
when asked. Agreed Completed
The officers were counseled about their failure to identify themselves.
26.55 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 9 City of Santa Cruz Independent Police Auditor
Recommendations Log
Log
# Report
Date
Issued Recommendation
SCPD
Response Status Evidence
68 2020 Annual
Report 10/21/2020
SCPD policy should be changed so that a sustained
finding is established by a preponderance of the
evidence. Agreed Completed
Policy 1009.6.4 now states Sustained (Finding) - "An
allegation is sustained when the evidence indicates that it is more likely than not that a violation of the policy or procedure occurred; this standard of evidence is called the "preponderance of evidence."
69 2020 Annual
Report 10/21/2020
SCPD should ensure that it specifically authorize any
deployment of a K9 by an assisting agency. Agreed Completed This has been implemented and is now standard
operating procedure.
70 2020 Annual
Report 10/21/2020
SCPD should consider advising its officers of the
concerns about using a Taser in stun drive mode when
the subject is suspected of having mental issues and its preference of using the Taser in dart mode. Agreed Completed This has been implemented and is now standard
operating procedure.
71 2020 Annual
Report 10/21/2020
SCPD should consider modifying its policy to disallow
distraction strikes to the face. Agreed Completed
Policy 300.3.8 now states "strikes and punches are an
approved use of force only when there is an objectively reasonable basis for use of force given the facts and
totality of the circumstances. Any person using force
must articulate the circumstances as objectively
reasonable and apparently necessary under the totality
of the circumstances, and that the use of force is
proportionate to the severity of the crime, the threat
posed by the suspect, and the suspect's level of
resistance."
72 2020 Annual
Report 10/21/2020
SCPD should brief the involved sergeant and all of its
sergeants on the need to maintain a supervisory role
when officers are available to perform any tactical
response. Agreed Completed This brief was completed.
73 2020 Annual
Report 10/21/2020
SCPD should modify its policy to prohibit report writers from approving their own reports. Agreed Completed
Policy 328.8 now states "no employee, with the
exception of Records personnel, shall approve their own report."
26.56 APPENDIX B: 2024 Annual Audit
Independent Police Auditor’s Recommendations
Collaboration between SCPD and the OIR Group (Independent Police Auditor); Log updated: 05/05/25 10 Updated: 05/05/25
26.57 2024 Annual
Review of the
Santa Cruz
Police
Department
MAY 27, 2025
26.58 OIR Group
Overview
•Over 20 years of experience in
law enforcement oversight
• Specializing in the independent
evaluation of police agencies’
internal review systems
•Our team in Santa Cruz
26.59 Our Role as
Independent
Police Auditor
(IPA)
•Meet virtually with
Department on a quarterly
basis
•Provide input on policy and
procedures
•Review completed
complaint investigations
•Analyze officer-involved
shootings & other critical
incidents
26.60 Our Role as
Independent
Police Auditor
(IPA)
• Assist complainants
• Talk with community
members and advocacy
groups
• Report to City Council
annually
26.61 2024 Annual Report:
63 Investigations
• 43 Informational cases: Externally generated from
members of the public that Department determined
would not rise to a violation of policy
• 16 Inquiry & Formal cases: Externally and internally
generated that the Department determined, if true,
would constitute a violation of SCPD policy
•4 Divisional Matters: Internally generated to deal with matters swiftly
26.62 Case Study 1: Classification
Matters
Reviewed cases that were appropriately
classified, and others where more investigation
was needed.
SCPD should adhere to its own case type
definitions when classifying administrative
cases and conduct Inquiry or Formal
investigations when the evidence is not clearly
dispositive.
26.63 Case Study 2: Case
Management & Tracking
Better tracking now, but a formal, automated
solution is appropriate to track across functions,
units, and case types.
SCPD should prioritize its commitment to implementing software designed for law enforcement agencies to enhance accountability, transparency, and efficiency, with a goal of populating such systems within the next 12 months.
26.64 Case Study 3: Holistic
Investigations
Narrow investigative scopes resolve one-time
issues, but holistic investigations, coupled with
improved tracking, might result in more timely
interventions and operational efficiency.
SCPD should frame all potential allegations to ensure
complete and thorough investigations that accurately
reflect the totality of the circumstances of each case.
26.65 Case Study 4: The Role of
Supervisors
Effective supervisors are essential for
operational effectiveness up and down the
chain. Development and mentorship play a
crucial role.
SCPD should evaluate their ability to create an inhouse Supervisor Field Training Officer program to better support and develop their supervisory ranks.
26.66 Case Study 5: Off-Duty
Conduct
The Department intervened quickly and issued
the appropriate corrective action in cases
involving off-duty conduct, a testament to its
commitment to accountability and
professionalism even when officers are off the
clock.
When a case is classified as a Formal investigation,
SCPD should follow its investigative protocol and
conduct formal administrative interviews of subject
employees.
26.67 Findings & Recommendations:
Policy and Procedures
• High Risk Vehicle Stops – SCPD created a Training
Bulletin that we have shared with other agencies
• Handling Property – several cases dealt with lost
property matters; training may be needed
• Coordination with Dispatch – SCPD has a
dedicated liaison to share identified improvements
with Dispatch partners
26.68 Recommendation Tracker:
Work in Progress
• We have issued 73 recommendations
• The Department agreed with nearly 90% of our
recommendations (61)
• SCPD acted by drafting new policy, editing existing
policy or updating Standard Operating Procedures
• The recommendation tracker lists each item and
the response
26.69 Questions
13 26.70
CONTACT US
Visit our website:
https://www.oirgroup.com
Email or call us:
[email protected]
(310) 906-0259
26.71 City Council
AGENDA REPORT
DATE: 05/08/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Human Resources
SUBJECT: Public Posting of Vacant Funded Positions and Recruitment and Retention Efforts in Compliance with Assembly Bill 2561 (AB 2561) (HR) LOCATION: Citywide
RECOMMENDATION: Receive the information report on the City of Santa Cruz Vacancies and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.
BACKGROUND: Assembly Bill 2561 (AB 2561), signed into law on September 30, 2022, and effective January 1, 2025, amends Government Code § 3558.8 to require all public employers, including cities, counties, and special districts, to publicly disclose information about funded, vacant positions.
The legislation is intended to promote government transparency and support the collective bargaining process by ensuring that bargaining representatives and members of the public have access to accurate vacancy data.
Beginning January 1, 2025, all public agencies subject to the Meyers-Milias-Brown Act (MMBA), including the City of Santa Cruz, are required to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. This new obligation requires public agencies to track job vacancies at the agency and present information such as the number of posted job openings, candidates interviewed, eligibility lists created, conditional offers made, etc., and the agency’s recruitment and retention efforts. This new mandate aligns with the City’s data-driven approach to decision-making and is a welcome requirement.
During the hearing, any changes to policies, procedures, and recruitment activities that may lead to obstacles or negatively impact the hiring process will also be shared. Per the law, the presentation must be made prior to the adoption of a final budget if the governing body will be adopting an annual or multiyear budget during the fiscal year. Finally, recognized employee organizations for a bargaining unit shall also be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
27.1 DISCUSSION: The City of Santa Cruz has seven bargaining groups with budgeted positions including:
1. Firefighters Local 1716 (local 1716)
2. Fire Management Association (FMA)
3. Operating Local Engineers, Chapter 3, Mid-Management (Mid-Mgmt)
4. Operating Local Engineers, Chapter 3, Supervisory (OE3)
5. Police Officer’s Association (POA)
6. Police Management Association (PMA)
7. Service Employees International Union (SEIU)
The status of vacancies by bargaining group as of March 28, 2025 is as follows:
Group Total Vacant Total Budgeted
Positions Vacancy Rate
FMA 0 6 0.00%
Local 1716* 2 55 3.64%
Mid-Mgmt 21.25 202.25 10.51%
OE3 9 95 9.47%
PMA 0 7 0.00%
POA* 17 103 16.5%
SEIU 47.4 482.725 9.82%
*Note: Unfunded positions not included.
A vacancy rate reflects the number of unoccupied or vacant positions in the City at a given time.
Vacancy rates do not reflect how long positions have been vacated or if they have been recently budgeted for, nor do they reflect those under active recruitment, or the reason for the vacancy (voluntary or involuntary). Historically, the State of California has held a 10% vacancy rate; vacancy rates vary significantly by county and have likely varied over time within the City.
However, due to reporting limitations, long-standing historic vacancy rates for all City classifications are limited at this time. This limitation is currently being addressed to better understand and track vacancies moving forward, as discussed below in the recruitment and retention and data limitations sections of this report. The following provides further detail regarding the types and number of classifications that were vacant as of April 3, 2025.
27.2 Vacancy Rates by position titles include:
Local 1716:
Classification Vacant Total Budgeted Vacancy Rate
FIREFIGHTER 2 21 9.52%
Mid-Mgmt:
Classification Vacant Total Budgeted Vacancy Rate
ACCOUNTANT I 1 4 25.00%
ASST DIR OF FINANCE 1 1 100.00%
ASSOCIATE PROFESSIONAL
ENGINEER 1 9 11.11%
CUSTOMER SERVICE MANAGER 1 1 100.00%
DATA ANALYST II 1 1 100.00%
HOMELESSNESS RESPONSE SHELTER
& OUTREACH SPECIALIST II 0.25 2 12.50%
HUMAN RESOURCES ANALYST II 1 5 20.00%
IT BUSINESS SYSTEMS ANALYST II 1 1 100.00%
LIBRARIAN II 2 20 10.00%
LIBRARIAN III 1 5 20.00%
LT - SENIOR PLANNER 1 1 100.00%
LT-ENGINEERING ASSOCIATE 1 1 100.00%
MANAGEMENT ANALYST 3 10 30.00%
NETWORK & SYSTEMS
ADMINISTRATOR 1 7 14.29%
PROGRAM ANALYST II 1 5 20.00%
SENIOR ACCOUNTANT 1 2 50.00%
SENIOR PLANNER 1 7 14.29%
SENIOR PROFESSIONAL ENGINEER 1 5 20.00%
TRANSPORTATION PLANNER II 1 1 100.00%
OE3:
Classification Vacant Total Budgeted Vacancy Rate
ADMINISTRATIVE SERVICES
SUPERVISOR 1 3 33.33%
FIELD SUPERVISOR 1 6 16.67%
LT_ASST URBAN FORESTER 1 1 100.00%
PARKS FIELD CREW LEADER 2 3 66.67%
SERVICE FIELD CREW LEADER 2 11 18.18%
SUPERVISING PLANS EXAMINER 1 1 100.00%
WATER FACILITIES FIELD SUPV 1 2 50.00%
27.3 POA:
Classification Vacant Total Budgeted Vacancy Rate
COMMUNITY SERVICE OFFICER I 6 15 40.00%
POLICE OFFICER 5 65 7.69%
POLICE SERGEANT 6 15 40.00%
SEIU:
Classification Vacant Total Budgeted Vacancy Rate
ACCOUNTING ASSISTANT I 0.5 5.5 9.09%
ADMINISTRATIVE ASSISTANT II 3 20.9 14.35%
ADMINISTRATIVE ASSISTANT III 3 13.5 22.22%
ASSISTANT ENGINEER II 2 13 15.38%
BOOKMOBILE LIBRARY ASSISTANT 1 3.3 30.30%
CODE COMPLIANCE SPECIALIST 3 4 75.00%
CUSTODIAN 0.5 4 12.50%
ENVIRONMENTAL PROGRAMS
ANALYST II 1
3 33.33%
EQUIPMENT SERVICE WORKER 1 3 33.33%
FACILITY ATTENDANT 1 2 50.00%
LANDFILL GATE ATTENDANT 1 2 50.00%
LIBRARY ASSISTANT II 2.2 43.125 5.10%
LT-ACCOUNTING TECHNICIAN 3 3 100.00%
PARKING ENFORCEMENT OFFICER 0.6 7 8.57%
PARKING FACILITY MAINT ASST 1.1 9.7 11.34%
POLICE PROPERTY & EVIDENCE
SPECIALIST 12 50.00%
POLICE RECORDS TECHNICIAN 2 7 28.57%
RANGER II 1 3 33.33%
RECREATION COORDINATOR 1.5 7.5 20.00%
RESOURCE RECOVERY WORKER II 1 21 4.76%
SENIOR BUILDING INSPECTOR 1 3 33.33%
SENIOR PLANS EXAMINER 2 2 100.00%
SENIOR POLICE RECORDS
TECHNICIAN 1
1 100.00%
SOLID WASTE WORKER 1 42 2.38%
SR PARKS MAINTENANCE WKR 1 7 14.29%
SR POLICE PROPERTY & EVIDENCE
SPECIALIST 11 100.00%
SR WATER DISTRIBUTION OP 3 6 50.00%
UTILITY MAINTENANCE TECH 1 4 25.00%
WATER FAC ELEC/INSTR TECH II 1 2 50.00%
WATER METER TECHNICIAN 1 1 100.00%
WATER TREATMENT OP IV 1 8 12.50%
WW COLLECTION MECH TECH II 1 1 100.00%
WW FAC LEAD ELEC/INSTR TECH 1 1 100.00%
WW FACILITIES MECH TECH II 1 7 14.29%
27.4 Recruitment and Retention Efforts
Historically, the City of Santa Cruz operated with a single Human Resources (HR) Analyst I/II responsible for managing recruitments across all departments. As workforce needs have grown in volume and complexity, this model became increasingly limited in its ability to provide responsive and strategic hiring support. The addition of a new HR Analyst I/II in FY 2025 represents a necessary step toward modernizing the City’s recruitment function and improving service delivery to departments.
With expanded capacity, the Recruitment Division has realigned analyst assignments based on shared job families and operational similarities. For example, one analyst now oversees recruitments for Parks and Recreation, Planning and Community Development, Public Works, and Water—departments with overlapping classifications in trades, maintenance, technical, and engineering fields. This structure supports more consistent engagement with departments, a deeper understanding of position requirements, and the ability to apply more tailored recruitment strategies.
The additional capacity also enables the team to participate in early-stage outreach efforts, including skilled trades and career events, with the goal of building long-term applicant pipelines in hard-to-fill classifications and create and sustain partnerships with other agencies such as the County of Santa Cruz Office of Education and Cabrillo College. Engagement efforts are still being developed, and the HR Manager is currently leading the creation of a strategic plan that focuses on effectiveness, sustainability, and appropriate use of available staff resources. This includes evaluating which outreach efforts are yielding results and ensuring that the level of investment aligns with demonstrated outcomes.
The Police Department continues to advance its own outreach and recruitment efforts, particularly for sworn and professional classifications. Two retired professionals have been engaged to support candidate outreach and follow-up, which has helped sustain momentum in public safety recruitment and improve engagement throughout the hiring process. These added resources aim to provide more consistent applicant follow-through and retention of new hires, particularly in a competitive law enforcement labor market.
Data Limitations and the Need for Modernized Workforce Reporting From a data perspective, the City continues to rely on its legacy system, Eden, for vacancy and retention-related reporting, and on Neogov as its recruitment platform. While Neogov offers basic applicant tracking tools and advanced analytics and reporting, data on outreach effectiveness and candidate sourcing remains inconsistent and incomplete. HR is working to strengthen these tracking methods.
A significant constraint lies in the City’s ability to generate reliable historical vacancy data. The current system produces point-in-time reports each pay period, but extracting and analyzing trends across years would require extensive manual review of hundreds, if not thousands, of static PDF files. This level of manual effort is not feasible with existing staff resources and is compounded by the need to cross-reference multiple reports to align classifications with departments, bargaining units, and budgeted positions. Additionally, the report formatting is not readily compatible with Excel or modern analytical tools, which further complicates data manipulation.
27.5 As a result, the City does not currently have access to comprehensive, longitudinal vacancy data, which limits its ability to analyze workforce trends over time. This underscores the importance of transitioning to more modern and integrated HR systems that can provide accessible, reliable data to inform decision-making and support compliance with emerging reporting requirements.
The HR Department looks forward to the implementation of Workday as the City’s broader human capital management system which will improve access to workforce data beyond recruitment. While Neogov remains in use for applicant tracking at this time, Workday will allow for more efficient reporting on trends such as turnover, internal movement, and classification-level data that supports succession and retention planning – the data related to our staff after they are hired. This will improve HR’s ability to monitor workforce needs and help inform strategic staffing decisions across the organization. Together, the addition of staff capacity, ongoing outreach efforts, and better use of available data and systems will enable the HR to more effectively support departments in attracting and retaining the talent needed to meet City service demands.
Additional compensatory efforts in FY 2025 toward retention and attraction include:
• 2.5% Structural increase to Police Officer and Police Sergeant (10/22/24) • Utility classification increases at varying rates up to 10% • Planning and Development, Building Inspector increases up to 10% • Information Technology increases up to 10%
Further compensation efforts were made in FY 2024 that provided salary increases for varying other roles throughout the classification system.
While vacancy rates have not met 20% at the time of this report, the City has included additional available data for POA, specifically for Police Officers and Police Sergeant.
Time to Hire report:
During the reporting period for the year 2022, the average time to hire was 171 days for Police Officers and 216 days for Community Service Officers. This reflects the total duration from the start of the recruitment process to the final hiring date for each position. These figures highlight the length of the hiring process and can help inform future efforts to streamline recruitment and reduce time to fill critical roles. It is important to note that the average time to hire may be impacted by the continuous nature of the Police Officer and Community Service Officer job postings, which remain open for extended periods. As a result, the calculated time to hire for these positions may not accurately reflect the actual recruitment process or the efficiency of our hiring practices. Starting this fiscal year, job postings that were previously open on a continuous basis will now be opened and closed annually. This change is intended to provide more accurate data on time to hire by ensuring that the measurement period reflects active recruitment cycles rather than extended open periods that can distort hiring metrics.
During the reporting period for the year 2023, the average time to hire was 171 days for Police Officers and 163 days for Community Service Officers. During the reporting period for the year 2024, the average time to hire was 80 days for Police Officers.
27.6 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.
HEALTH IN ALL POLICIES (HiAP): The implementation of Assembly Bill 2561 aligns with the City’s commitment to Health in All Policies by advancing goals related to equity, public health, and sustainability.
Equity:
Improved vacancy tracking and transparency support more equitable access to public employment, particularly in underrepresented and hard-to-fill classifications. Strengthened partnerships with local institutions and better applicant data help the City identify and reduce barriers to hiring across all bargaining units.
Public Health:
Filling critical vacancies—especially in public safety, utilities, and community-facing services— directly impacts the City’s ability to protect public health and maintain service continuity.
Proactive staffing also supports the well-being of existing employees by reducing the strain caused by persistent vacancies.
Sustainability:
Modernizing systems and building internal workforce capacity enables long-term planning and reduces reliance on reactive hiring practices. The transition to Workday will support more reliable, integrated data to inform staffing strategies, retention efforts, and overall workforce resilience.
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: This report is informational only. While no direct appropriation is requested at this time, it is important to acknowledge that sustained vacancy rates carry fiscal implications. Long-standing vacancies can lead to increased overtime and working out of class staffing costs—particularly in departments where continuous operations are required to maintain essential services, such as public safety, utilities, and maintenance.
In addition, the time it takes to fill a position—from posting to onboarding—represents a cost in and of itself. This includes the allocation of internal staff resources for recruitment, interviewing, and onboarding, as well as the productivity lost while a position remains unfilled. These impacts may compound over time if recruitment challenges persist or if key classifications experience high turnover.
As the City continues to modernize its workforce systems and refine recruitment strategies, future efforts may include a more formal analysis of the cost impacts of vacancy trends, including overtime use, recruitment timelines, and staffing coverage strategies.
Prepared and Submitted By:
Sara De Leon
Human Resources Director
Approved By:
Matt Huffaker
City Manager
27.7 ATTACHMENTS:
None.
27.8 WORKFORCE PLANNING
AB 2561 - PUBLIC HEARING
MAY 27, 2025
27.9 ...increase
transparency
around staffing
issues and address
persistent
vacancies...
WHAT IS ASSEMBLY BILL (AB) 2561?
Present the status of workforce vacancies
annually before final budget adoption.
Recruitment and retention efforts must be
shared and additional reporting
requirements when vacancy rate(s) is 20% or
more.
Provide opportunity for union partners to
present.
ITEM 27: AB 2561, WORKFORCE PLANNING
Effective 1/1/2025
27.10 ITEM 27: AB 2561, WORKFORCE PLANNING 27.11
ITEM 27: AB 2561, WORKFORCE PLANNING
VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.
27.12 ITEM 27: AB 2561, WORKFORCE PLANNING
VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.
VACANCY RATE
The number of vacant positions at
a given time.
March 28, 2025
27.13 ITEM 27: AB 2561, WORKFORCE PLANNING
VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.
VACANCY RATE
The number of vacant positions at
a given time.
March 28, 2025
Signals attention
27.14 CONSIDERATIONS : VACANCY RATE
Vacancy rate is a point in time rate and
shouldn’t be considered alone.
ITEM 27: AB 2561, WORKFORCE PLANNING
Vacant vs. Long -Term Leave of Absence
(Standard Definition vs. Operational Impacts)
Does not reflect current recruitments effforts
underway
Does not reflect circumstances. Vacancy rates are
impacted by personal decision, budget process and
budget timing.
Not all vacancies are employer - driven. Example : A retirement or resignation with two weeks notice after June 10, 2025.
Example : Low vacancy rate HIGH time to hire: Senior
Building Inspector 434 days
Evolution of operational need may delay
filling a vacancy.
Medical/Personal Leave (Work-related and non workrelated); Time in Academy
27.15 Group Total Vacant Total Budgeted Positions Vacancy Rate Fire Management 0 6 0
Firefighters Local 2 55 3.64%
Mid-Management 21.25 202.25 10.51%
Supervisors 9 95 9.47%
Police Management 0 7 0
Police Officers 17 103 16.5%
Service 47.4 482.725 9.82%
VACANCY RATES BY GROUP (3/28/25)
ITEM 27: AB 2561, WORKFORCE PLANNING 27.16
RECRUITMENT & RETENTION EFFORTS
• Two Analysts - HR capacity building,
Recruitment
• Continuous Recruitment Approach
• Police Department Efforts
⚬ Outreach and Mentorship
• Overhire Policy Use (Medical/Retirement)
• Trailblazing and Future Forward
• Compensation Efforts
ITEM 27: AB 2561, WORKFORCE PLANNING 27.17
Date Bargaining
Groups Increase Service Area Costs
10/22/24
POA
OE3
SEIU
2.5% -
10%
• Police Officers and Sgts
• Building Inspection
• Plan Review
$1.8M
3/26/24 OE3
SEIU 1%-10%
• Waste Reduction and Equipment services
• Wharf
• Utility Services
• Purchasing and HR
• Economic Development
• Libraries
• Parking
$844k
9/26/23 SEIU
OE3 - • Duty Assignment/ Fatigue Pay (Wharf, Utilities) $103k 9/12/23 SEIU
OE3 1.4%-11.8%
• Administrative and Accounting
• Building and Parks Maintenance
• Homeless Response
• Utility Services
• Garage Services
$484k
RECRUITMENT & RETENTION EFFORTS
ITEM 27: AB 2561, WORKFORCE PLANNING
Upcoming
Negotiations
(Summer 2025)
• Vacancy and
turnover data is
commonly
reviewed and
considered as part
of contract
negotiations.
• Additional efforts
to be determined
through the
negotiation
process.
27.18 CHALLENGES OPPORTUNITIES : DATA COLLECTION
ITEM 27: AB 2561, WORKFORCE PLANNING
Vacancy rates are best viewed over regular intervals.
• Eliminate manual data collection
• Standardize types of data collection
(consistent attrition and vacancy)
• Develop dashboards
• Publish dashboards
27.19 EMPLOYEE ORGANIZATION
PRESENTATION/COMMENT
ITEM 27: AB 2561, WORKFORCE PLANNING
THANK YOU
27.20 City Council
AGENDA REPORT
DATE: 05/07/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Parks and Recreation
SUBJECT: Heritage Tree Mitigation/Replanting In Lieu Fee and Tree Bond Update (PR)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt a resolution updating street tree replacement in-lieu fees, and rescinding Resolution No.
NS-30,071; and
2) Adopt a resolution updating mitigation measure requirements for the removal of a heritage tree or heritage shrub pursuant to Chapter 9.56.
BACKGROUND: This report addresses proposed changes to fees and tree bonds associated with tree removal and replacement requirements of heritage trees growing on public and private property, and street trees growing in the public right-of-way in Santa Cruz. These fees are governed by Santa Cruz Municipal Code (SCMC) Chapters 9.56 (heritage trees and shrubs) and
13.30 (street trees).
Following City Council approval on November 15, 2022, Resolution Nos. NS-30,072 and NS30,071 updated in lieu fees and tree bond requirements for removed trees protected by ordinance
9.56 and 13.30. These resolutions updated previous in lieu fees and were recommended by the Parks and Recreation Commission.
In lieu fees are adjusted annually on January 1st based on the San Francisco/Oakland Bay Area Consumer Price Index while the tree bond fee has remained static. Currently either an in lieu fee payment of $1,859 or a $250 refundable tree bond is required. The tree bond is refunded when the City confirms successful mitigation tree replanting, which is defined as the establishment of three (3) 15-gallon size trees or one (1) 24-inch box size tree for each heritage size tree removed.
DISCUSSION: SCMC Section 9.56.100 of the Heritage Tree Ordinance establishes mitigation/replanting requirements for heritage tree removal as specified on the Mitigation Chart adopted by City Council resolution. SCMC Section 13.30.063 of the Street Tree Ordinance requires replacement of any size street tree removed by a private owner.
28.1 Since the City Council approval of the updated in lieu fees on November 15, 2022, staff has evaluated the results of these fee increases to determine their effectiveness at increasing program revenue. While increased in lieu fees were intended to boost funding used for tree planting, they have had an unintended consequence. Instead of generating more revenue, they have dramatically increased the number of heritage tree bonds submitted, while decreasing in lieu fee payments. Specifically, heritage tree bonds have increased from an average of 30 per year to over 70 per year after the fee increase. Less than 10 in lieu fees have been paid by property owners and no in lieu fees have been paid on smaller diameter street trees growing in the public right-of-way.
This surge in bonds has overwhelmed the Urban Forestry program, which lacks the necessary staff to monitor required replanting (a process that can take up to three years or more per tree).
Applicants are frequently choosing the less expensive tree bond option but then failing to replant.
Consequently, staff struggles to contact property owners with tree bonds to encourage replanting.
Since many residents never replant—effectively choosing to forfeit their $250 bond rather than pay the $1,859 in lieu fee—staff is forced to consider enforcement or force collections, further burdening the limited Urban Forestry Program staff. Compounding this, the public has voiced concerns that the $1,859 in lieu fee represents an economic hardship and acts as a disincentive for obtaining a tree permit and engaging with the City’s tree permitting process.
To ensure sufficient funding for tree replacement, even with a potential reduction in the in lieu fee (which staff do not anticipate), staff has increased the penalty for removing a heritage tree without a permit. The fine is now $2,500 to $3,500 per tree. Over the past year, the Urban Forester and City Attorney's Office have increased penalties pursuant to Title 4. The previous fine was only $500 under the Heritage Tree Ordinance (Section 9.56.110). The increased penalty encourages compliance with tree permitting requirements and generates revenue only from those who violate the ordinance, not from residents who follow the rules.
In summary, staff recommends the following changes:
• Reduce In lieu Fees: Lower the in lieu fee to $500 for heritage trees on public and private property and in the public right-of-way (street trees); • Maintain Street Tree Replanting Requirement: Continue to condition applicants removing nonheritage size street trees to replant street trees as a permit condition; • Increase Heritage Tree Bond: Increase the heritage tree bond from $250 to $500; • Equalize heritage tree mitigation/replanting fees and tree bonds (Section 9.56.100): Set both the in lieu fee and the bond at the same amount ($500) to remove any cost incentive for choosing one over the other; and
• Master Fee Schedule: Add both the in lieu fee and the tree bond to the Master Fee Schedule, allowing for annual adjustments based on inflation.
These changes aim to balance the cost of tree establishment with the administrative burden on the City. By making the in lieu fee and the bond equivalent, the decision to replant or pay the in lieu fee will no longer be driven by cost. Increasing the bond amount ensures adequate funding for tree replacement should replanting fail. Or if applicants don’t replant within three (3) years their $500 dollar bond will be converted to a contribution for the City to replant. The recommendation to include both fees, the tree bond and the in lieu fee, in the Master Fee Schedule ensures regular inflationary adjustments so both amounts are aligned.
28.2 Specific Updates to Resolutions:
Heritage Tree Resolution (NS-30,072): Replace the "current in lieu fee" language with the revised $500 fee, equivalent to the increased tree bond amount. Clarify mitigation requirements related to replanting and the bond. Add that the City has the right to inspect for three (3) years, and require owners replace mitigation trees if they do not survive. State that if after three (3) years they do not replant that they will forsake their tree bond, and it will be used by the City to replant trees. Lastly, clarify that replacement trees are also designated as heritage trees and therefore require the same level of care and protection.
Street Tree Resolution (NS-30,071): Simplify the street tree in lieu fee payment structure to a single $500 required fee if the street tree is a heritage tree by designation and consistent with the Heritage Tree Resolution, subject to annual inflationary increases. Add that street trees that are not designated as heritage trees will be permit conditioned to be replaced by the applicant with a species from the City approved tree list. If the street tree cannot be replaced due to an infrastructure conflict or other site constraint or regulation, the director may waive the required replacement under Section 13.30.063 (1).
On February 10, 2025, the Parks and Recreation Commission voted 5-2 to recommend City Council approval of the proposed changes to the resolutions governing mitigation/replanting fees and tree bonds for heritage tree removal and replacement on public lands, private property and street trees in the public right-of-way.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
Modification of a funding mechanism is not a project as defined by the California Environmental Quality Act (CEQA)
HEALTH IN ALL POLICIES (HiAP): The tree in lieu fee recommendation is a practical approach that can lead to tangible benefits in terms of increased tree planting, improved tree survival, and a more efficient urban forestry program, all of which contribute to the City's climate action and sustainability goals. Additionally, the benefits of a healthy urban forest canopy on climate, property values, traffic calming, and more all contribute towards the overall quality of life for residents and businesses.
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: Initially, the lowered in lieu fees might lead to a temporary decrease in direct revenue collected from those fees into the Street Tree Fund (Fund 125). Since more people have been choosing the bond option (due to the current fee structure), the shift to a lower, equivalent fee might not immediately generate the same level of revenue as the higher fees were intended to produce. However, the current system isn't working as intended, as evidenced by the low in lieu fee payments and high bond usage.
The increased bond amount ($500) will better cover the actual costs of tree replacement if the bonded replanting fails. This mitigates the risk of the City having to subsidize those costs. The previous bond amount ($250) likely did not fully cover these costs. So, while direct revenue
28.3 from in lieu fees might be slightly lower initially, the City's long-term cost recovery for failed replanting will be significantly improved.
The most significant fiscal benefit comes from the anticipated reduction in staff time spent administering and monitoring the large number of tree bonds. The current system is inefficient, requiring substantial staff resources for up to three years or more per bond. By discouraging the use of bonds through equivalent fees, staff can be redirected to other essential urban forestry tasks, such as proactive tree care, planting, and community outreach. This improved resource allocation translates to cost savings, even if not directly reflected in increased revenue.
Prepared By:
Leslie Keedy
Urban Forester
Submitted By:
Tony Elliot
Director of Parks and
Recreation
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT RESOLUTION_13.30.100.DOCX
2. DRAFT RESOLUTION_9.56.100.DOCX
28.4 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ UPDATING FEE
SCHEDULE FOR THE STREET TREE REPLACEMENT IN-LIEU FEE PURSUANT TO CHAPTER 13.30.100 OF THE MUNICIPAL CODE AND RESCINDING RESOLUTION NO.
NS-30,071
WHEREAS, pursuant to Section 13.30.100 of the Santa Cruz Municipal Code, a tree permit shall be obtained from the Director of Parks and Recreation by any person proposing to root prune, transplant, or remove any tree within the public right-of-way (hereinafter referred to as a "street tree"); and
WHEREAS, the Director of Parks and Recreation may condition any permit for removal of a street tree, granted pursuant to Section 13 .30.100 of the Santa Cruz Municipal Code, so as to require the permittee to replace the street tree; and
WHEREAS, an in-lieu fee provides an additional mitigation alternative for circumstances where replacement of a removed street tree pursuant to Section 13.30.100 of the Santa Cruz Municipal Code is not feasible; and
WHEREAS, the revised Fee Schedule, attached as Exhibit A hereto, has been prepared by City staff after reviewing the program’s administrative burden and it has been determined that the revised fee will yield sufficient cost savings to offset the proposed fee decrease; and WHEREAS, updating funding mechanisms is not a project as defined by the California Environmental Quality Act; and
WHEREAS, as required by California Government Code Section 66018, notice of the public hearing on the proposed fee was published in the manner set forth in California Government Code Section 6062a; and
WHEREAS, on May 27, 2025, at a regularly scheduled meeting, the City Council of the City of Santa Cruz provided an opportunity for interested members of the public to make oral and/or written comments regarding the proposed Fee Schedule; and NOW THEREFORE, BE IT RESOLVED, that the foregoing recitations are true and correct, and are included herein by reference as findings.
BE IT FURTHER RESOLVED that the City Council hereby finds and declares that:
(1) The updated street tree replacement in-lieu fees in the Fee Schedule, attached hereto as Exhibit A, are designed to fund mitigation of impacts from the removal of any street trees in order to preserve the City's existing tree canopy. (2) The updated street tree replacement in-lieu fees are intended to reduce overall costs for the City to replace a removed street tree and ensure compliance with in-lieu fee requirements.
BE IT FURTHER RESOLVED, that the City Council hereby adopts the updated in-lieu fees for replacement of removed street trees as provided in Exhibit A, attached hereto.
28.5 RESOLUTION NO. NS-XX,XXX
2 BE IT FURTHER RESOLVED, these fees may be incorporated and added to the City's Master Fee Schedule.
BE IT FURTHER RESOLVED, that the Director of Parks and Recreation is hereby authorized to administer and take all action relating to the collection and processing of the fees on behalf of the City regarding this Resolution.
BE IT FURTHER RESOLVED, the adoption of this Resolution is not a project under the California Environmental Quality Act because it is the creation of a government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).) NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Cruz that it hereby rescinds Resolution No. NS-30,071 and adopts the fee schedule set forth in Exhibit A attached hereto, respectively and by this reference incorporated herein, for the determination of fee pursuant to Section 13.30.100 of the Santa Cruz Municipal Code.
PASSED AND ADOPTED this 27th day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
28.6 RESOLUTION NO. NS-XX,XXX
3 EXHIBIT A
FEE SCHEDULE
PARKS AND RECREATION STREET TREE REPLACEMENT / IN LIEU FEES PURSUANT TO SECTION 13.30 OF THE SANTA CRUZ MUNICIPAL CODE
a. In-lieu fee or tree bond required for replacement of a designated heritage street tree: $500 per tree.
b. Replacement required for street tree / public right-of -way trees designated as non-heritage. c. Annual Increases. The in-lieu fee and bond may be upwardly increased to the next whole dollar on January 1 of each year in accordance with the San Francisco/Oakland Bay Area (All Items) Consumer Price Index for all urban consumers provided by the U.S. Bureau of Labor Statistics.
28.7 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ
UPDATING MITIGATION MEASURE REQUIREMENTS FOR THE REMOVAL OF A HERITAGE TREE OR HERITAGE SHRUB PURSUANT TO CHAPTER 9.56 OF THE MUNICIPAL CODE AND RESCINDING RESOLUTION NO. NS-30,072.
WHEREAS, Section 9.56.100 of the Santa Cruz Municipal Code requires certain mitigation requirements for approved and unapproved removals of heritage trees or heritage shrubs, pursuant to a mitigation requirement chart to be adopted by City of Santa Cruz City Council resolution; and WHEREAS, on October 22, 2013, the City Council adopted Resolution No. NS-28,707, whereby the City Council established certain mitigation measure requirements from any person who removes a heritage tree or heritage shrub; and
WHEREAS, on November 15, 2022, the City Council rescinded Resolution No. NS-28,707 and adopted Resolution No. NS-30,072, updating mitigation requirements for the determination of the mitigation measures required pursuant to Section 9.56.100 of the Santa Cruz Municipal Code.
WHEREAS, it is the intent of the City Council of the City of Santa Cruz to by this resolution rescind Resolution No. NS-30,072 and update the mitigation measure requirements, and that this resolution, and the mitigation requirements hereby adopted, shall be used to determine the mitigation measures required from any person who alters or removes a heritage tree or heritage shrub with the conditional approval of the City, or who alters, damages, or removes a heritage tree or heritage shrub without the approval of the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby rescinds Resolution No. NS-30,072 and adopts the mitigation requirements set forth in Exhibit A attached hereto, respectively and by this reference incorporated herein, for the determination of the mitigation measures required pursuant to Section 9.56.100 of the Santa Cruz Municipal Code.
PASSED AND ADOPTED this 27th day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: __________________________
Fred Keeley, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator
28.8 RESOLUTION NO. NS-XX,XXX
2 EXHIBIT A
APPROVED AND UNAPPROVED HERITAGE TREE(S)/SHRUB(S) REMOVAL
MITIGATION REQUIREMENTS
The Director of Parks and Recreation shall make a determination pursuant to Section 9.56.100 regarding replacement mitigation for any removal of heritage trees/shrubs based on the chart below.
On-site replanting is the primary intent for mitigation. Unapproved removal of a heritage tree is also subject to penalties per 9.56.100.
MITIGATION REQUIREMENT
Removal of a Heritage Tree of
Heritage Shrub as defined in
Section 9.56.010 of the City of
Santa Cruz Municipal Code.
A) Replant three (3) #15 container-size trees or one (1) twentyfour inch (24”) box size tree on the same property as the removed tree. Applicant shall pay to the City a refundable tree bond of $500* per tree, which will be held until such time that the City confirms the mitigation requirement has been met. The City may inspect mitigation trees for up to three (3) years after planting to ensure tree survival. If the mitigated tree dies, the tree owner will be required to replace the dead tree at their expense. Failure to replant within three (3) years will result in the forfeiture of the tree bond deposit. Forfeited bonds will be converted to an Urban Forestry program contribution and used to replant the removed tree at a location deemed appropriate by City staff.
B) In circumstances where replacement of the removed heritage tree is not feasible due to conflicts with existing or planned public or private infrastructure or other trees or shrubs, the Director of Parks and Recreation or his/her designee may in his or her sole discretion, authorize the payment of an in-lieu fee in the amount of $500* per removed tree.
C) If the property owner meets the criteria described in subdivision (a) or (b) of Government Code Section 68632 and has complied with the permit requirements of Section 9.56.060, the city shall waive the in-lieu fee.
D) For any removal of heritage trees that falls under the purview of the City of Santa Cruz’s Local Coastal Program (“LCP”), property owners shall be subject to any requirements under the LCP, including but not limited to, a two-for one planting and maintenance program when tree removal is necessary for new development.
E) Mitigation trees are protected by this resolution to Chapter 9.56 of the City of Santa Cruz Municipal Code and require
replacement if they die.
*The in-lieu fee may be upwardly increased to the next whole dollar on January 1 of each year in accordance with the San Francisco/Oakland Bay Area (All Items) Consumer Price Index for all urban consumers provided by the U.S. Bureau of Labor Statistics.
28.9 City Council
AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 05/27/2025
DEPARTMENT: Planning and Community Development/Public Works SUBJECT: Zoning Ordinance Amendments Related to Objective Design Standards for Multifamily Housing updates, Parking, Bicycle Parking and Facilities, State Density Bonus, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street; a General Plan Land Use Chapter Text Amendment; and Amendments to Titles 10 and 15 of the Santa Cruz Municipal Code Related to Standards for Driveways, Daylighting, Bicycle Parking, Electric Vehicle Charging, Loading, and Bicycle Facilities to Better Meet the City’s Policy Goals and Objectives and to Align with New State Laws (PL/PW)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Introduce for publication an ordinance amending Titles 10, 15 and 24 of the Municipal Code related to Parking, Bicycle Parking and Facilities, State Density Bonus, Licensed Community Care Facilities, and Low-Barrier Navigation Centers.;
2) Introduce for publication an ordinance amending the Local Coastal Program (LCP) Implementation Plan (IP) and Title 24 of the Municipal Code related to Objective Design Standards for Multifamily Housing, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street;
3) Adopt a resolution amending the General Plan Land Use chapter text; and 4) Acknowledge the determination that the proposed amendments are covered by the Environmental Impact Report prepared for the City’s General Plan and approved in June 2012 and find that the changes are also Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).
29.1 BACKGROUND: Objective design standards for multifamily housing seek to set clear expectations for how new housing should look, feel, and function. Per state law, only objective standards can be used to review multifamily housing development applications.
After an extensive series of community engagement events in 2021 and 2022, Santa Cruz adopted Objective Design Standards for Multifamily Housing on November 15, 2022. The standards cover topics like the design of ground floors, walking paths, parking, landscaping, open space, the shapes of roofs and facades, building materials, and lighting for all new multifamily housing development outside the Downtown. The standards adopted in 2022 also included changes to the municipal code sections on transportation studies, traffic control devices, and sidewalk, bicycle, and transit facilities.
The City’s 2023-2031 Housing Element Objective 1.2b directs the City to maintain and review the standards on a regular schedule after adoption and consider updating them as needed. The proposed amendments represent the first update to these standards since they were first adopted in 2022. Maximum heights and widths of buildings are set in a different section of the code and are not proposed to change with these updates.
In addition to proposed updates to the Objective Design Standards for Multifamily Housing, this item proposes several other ordinance amendments that relate to Housing Element policies and consistency with state and federal laws. These topics include the State Density Bonus, reasonable accommodations for people with disabilities, licensed community care facilities, low-barrier navigation centers, and updates to the standards governing historic structures on Mission Street.
Additionally, this item proposes a General Plan clean-up text amendment that addresses state law consistency.
Finally, this item includes a series of amendments proposed by the Public Works Department to update standards for driveways, daylighting, bicycle parking, electric vehicle charging, loading, and bicycle facilities to better meet the City’s policy goals and objectives and to align with new state laws.
DISCUSSION:
Objective Standards Updates
The overall goal of the Objective Design Standards portion of this amendment package is to further refine the Objective Design Standards for Multifamily Housing for improved development outcomes. Based on lessons learned from project implementation, developers, Economic Development and Housing Department staff, public meetings, and consultation with an urban design consultant, and three overarching areas of amendments emerged for the proposed updates:
1. Make changes to building shape and materials requirements for better design outcomes by adding flexibility to some standards and stricter requirements to others.
2. Refine ground floor design and activities requirements to better support ground-floor retail and commercial tenants by broadening which uses qualify as active frontage uses and by streamlining levels of review for their approval.
29.2 3. Clarify details and define new terms for better usability by all.
The proposed amendments range from potentially impactful changes to design and use standards to minor text edits to clarify standards or better align them with other parts of the Code.
The amendments associated with each of these themes are summarized below. Additionally, details in the attached table lists the proposed code changes as compared to existing code. The attached proposed Municipal Code Amendments show all the proposed changes in track changes format. The ordinance amendments are separated into those that require an LCP amendment (which require Coastal Commission approval following Council approval) and those that do not.
The attached staff report from the April 3, 2025 Planning Commission meeting covers all proposed Zoning Ordinance (Title 24) amendments. The attached January 27, 2025 Transportation and Public Works Commission staff report covers all proposed changes in Titles 10 and 15 of the Municipal Code. The Municipal Code Amendments document attached to this item combines all the proposed changes in Titles 10, 15, and 24 into a single document.
Theme 1 – Building shape and materials requirements
Differentiate by building height to better address scale The current standards apply equally to all sizes of buildings. This has had the result of creating smaller projects that can be busy-looking due to their lack of cohesion in shape and materials.
This scaling issue can also result in larger projects that lack variation and visual appeal.
To address this, the amendments propose differentiating between shorter buildings (three stories or fewer) and taller buildings (more than three stories) and slightly adjusting the requirements depending on building size. The combined focus of these changes is to encourage developers to deliver more visually appealing projects through the creation of substantial natural breaks in buildings that divide up the facade and roofline This tradeoff would provide some more flexibility in design, encouraging both better outcomes and more diverse building designs.
Reduce standards requiring multiple materials
The current standards require the use of multiple building materials in several situations. While these requirements were intended to create variety in appearance, they instead have a combined effect that can contribute to the busy and disjointed designs described above, especially on smaller buildings. The amendments requiring different changes in building shape based on height should encourage high quality building design more effectively than requiring changes in materials. Accordingly, the amendments propose to remove some of the requirements to incorporate multiple materials. The list of approved materials is unchanged.
Encourage new types of high-quality design
The amendments add a step-back option to meet roof form requirements to encourage reducing bulk at the tops of buildings. They also propose a new option that support more historic building styles by allowing a “flatter” but more richly textured façade by requiring more deeply inset windows and certain high-quality materials. This provides options for the developer, supports more historic building styles, and allows for more variation in building design outcomes, something that staff have heard expressed from some members of the community.
29.3 Theme 2 - Ground floor design and activities requirements The amendments propose that residential projects with 50% or more of the units below market rate have additional flexibility on their ground floor height requirements to potentially reduce costs and better facilitate the development of below-market rate housing. To support commercial leasing and reduce vacancies, the amendments also propose adding six new allowed uses to the Community Commercial (C-C) zoning district and to all Mixed-Use (MU) zoning districts. The current standards do not allow trash, electrical, and mechanical rooms on public frontages, and require developers to create access from parking areas or alleys. The amendments provide guidance on where those rooms should be placed when projects include limited or no parking.
Theme 3 – Clarify details and define terms
An analysis of various development proposals and sites has revealed the need for small updates and new details that are proposed to provide clarity in the review process. This includes clarifying requirements about new public paths, outdoor dining, landscaping, and open space.
The proposed amendments also clarify when the standards apply in cases of remodeling, building on a non-vacant site, and when certain streamlined projects are exempted from the standards.
Some new definitions are proposed, and images have been updated throughout the document to reflect and illustrate the proposed amendments.
General Plan Amendment
The project also includes an amendment to the City’s 2030 General Plan to delete language that creates confusion for the public and development community. The amendments delete references to Zoning Ordinance criteria that do not exist for sites that have yet to be rezoned to mixed-use districts, and they delete the reference to a subjective decision-making process by the Planning Commission for determining consistency with those standards. As the General Plan and Zoning are inconsistent, the General Plan intensities prevail in this instance, per state law. To provide clarity and consistency with state law, staff recommend deleting the language to ensure clarity and consistency across all policy documents that govern development intensity. The proposed General Plan amendment is included in the attachments.
Other Ordinance Amendments
Objective Design Standards for Roadways and Bicycle facilities When the City passed the Objective Standards for Multifamily Development in 2022, the amendments also included changes to the Municipal Code sections on transportation studies, traffic control devices, and sidewalk, bicycle, and transit facilities. Based on lessons learned from implementation, conversations with Public Works staff, and after a public hearing at the Transportation and Public Works Commission, staff are proposing amendments to standards for driveways, daylighting, bicycle parking, electric vehicle charging, loading, and bicycle facilities to better meet the City’s policy goals and objectives and to align with new state laws.
Density Bonus
Over the last several years, California Density Bonus Law has been amended to create more options for housing developments to utilize density bonuses, and state law is likely to continue to evolve in the future. Two Housing Element objectives call for the City to maintain consistency with State Density Bonus Law. The proposed amendments add language to the Purpose section
29.4 of the City’s Density Bonus regulations to clarify that when the provisions of the local regulations conflict with the provisions of state law, then state law will prevail.
Reasonable Accommodations
The Fair Housing Act requires jurisdictions to provide reasonable accommodations to rules, policies, practices, and procedures to make housing accessible for people with disabilities.
Housing Element objective 3.1c calls for the City to adopt such reasonable accommodations procedures. The proposed amendment package includes a section to codify a process to request a reasonable accommodation and the findings that will govern the decision-making process.
Requests for accommodation can be made by or on behalf of individuals with disabilities or by developers seeking to serve a specific population with disabilities. Applications will be made to the Planning and Community Development Department, and decisions will be made by the Zoning Administrator.
Licensed Community Care Residential Facilities
Community Care Residential facilities are any family home, group care facility, or a similar establishment that provide 24-hour non-medical care, services, supervision, or assistance essential for daily living or for the protection of residents. They function as residences and support children or adults with physical or developmental disabilities or mental disorders who need help in carrying out their day-to-day lives, as well as non-medical mental health treatment and rehabilitation, and foster family homes. Housing Element objective 3.1d calls for the City to update Zoning Ordinance requirements related to licensed community care residential facilities of seven or more people to allow these uses in all residential zones.
The Municipal Code currently allows Community Care Residential Facilities in the various residential zone districts, but it requires a special use permit for facilities with seven or more people. To fulfill the Housing Element objective and maintain consistency with state law, the proposed amendments would allow community care residential facilities as a by-right use within existing residential dwellings in all residential districts regardless of the size of facility.
Low-Barrier Navigation Centers
Housing Element objective 3.3l calls for the City to amend the Zoning Ordinance to implement state law by establishing a ministerial approval process and regulations to approve low-barrier navigation centers (LBNCs) by June 2025. State law defines a LBNC as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing. State Assembly Bill AB101 (2019) requires local jurisdictions to allow LBNCs as a by-right use in all mixed-use or commercial zone districts that allow multi-family housing. A map showing the location of all these zones is attached.
State law also determines the operational standards that ensure that the navigation center can conduct assessments and provide services to connect people to permanent housing.
To conform with State and federal law, the proposed ordinance would amend the included commercial and mixed-use zone districts to allow LBNCs as a principally permitted use.
Historic Preservation on Mission Street
Thirteen buildings on the northeastern segment of Mission Street between Highway 1 and Laurel Street are listed on the City’s historic building survey and most, if not all, were originally constructed for residential use. The zoning requirement for ground floor commercial that currently applies to these properties can make it difficult for owners to secure economically
29.5 viable uses for these buildings and therefore decreases the likelihood that owners will be able to maintain the buildings’ historic qualities. The proposed code amendment would allow residential uses to occupy the entire ground floor as part of a mixed use or multi-family use with approval of a discretionary historic alteration permit on this stretch of Mission Street in the P-A zone. This minor amendment would therefore retain economic functionality of these 13 historic buildings while promoting continued rehabilitation and preservation of their historic qualities.
Transportation and Public Works Commission
At the Transportation and Public Works Commission meeting of January 27, 2025, the Commission asked for details from staff about the intent of the changes to driveway and bicycle width requirements, impacts of potential piecemeal bike facility construction on Soquel, and options for making it more contiguous. They recommended that staff include more details on Public Right-of-Way Access Guidelines for loading zones. The motion to accept the proposed revisions included the following additions: Splitting code section 15.20.060 into separate driveway, sidewalk, and bicycle facility subsections; considering language to require a smooth tie-in to adjacent facilities for code section 15.20.060; adding Public Right-of-Way Access Guidelines for loading zones.
Public Works staff analyzed options for implementing the recommendations from Commissioners and are recommending additional text to require driveways to have a smooth tiein to adjacent sidewalks. Staff are not recommending restructuring code section 15.20.060, as it would not change how the code is interpreted or change development outcomes compared to the current code, and the recommended restructuring of the code would require significant work.
Staff is also not recommending adding text about access guidelines for loading zones, as the Public Right-of-Way Access Guidelines and Americans with Disabilities Act (ADA) requirements are already established by law. Duplicating that language in code is unnecessary.
Staff recommended changes are included in the attached materials, highlighted in yellow.
Planning Commission
During the Planning Commission’s April 3, 2025 discussion of Objective Standards, the Commission asked for details about what size of buildings qualified, how the changes related to building shape would apply to the sides of buildings and ground floors, how ceiling heights were measured, and how buildings could satisfy roof form requirements. Staff provided responses, and Commissioners commented that future updates could consider removing the living walls option and find a way to encourage the use of tile and angled rooflines. It was noted that the ongoing updates to the standards were a good form of local control but that the City should pursue a light touch by looking to reduce, not increase, the number of standards. Commissioners supported the promotion of historic building styles proposed in the amendments.
On the other amendment items, staff clarified that people requesting reasonable accommodations would receive support from the City to complete the process and that the process applies to all types of housing. Staff also clarified that the amendments on Low Barrier Navigations Centers make them allowed throughout certain zones but do not set a quota or goal of how many should be constructed.
In addition to supporting the staff recommendation, a motion was added for staff to study and propose additional code changes, where possible, related to defining a “dooryard” space at the front of commercial and live-work properties along corridors and an accompanying “curb zone” for street furnishings next to the roadway. Planning staff met with Public Works staff and an
29.6 urban design consultant to discuss developing these standards. Based on this analysis, staff is recommending a change to the inset depth of entrances, adding text to clarify landscaping options, and updating the accompanying diagram to meet the intent of the “dooryard” principle noted by the Planning Commission. Staff are not recommending defining a new “curb zone” space because the placement of street furnishing is already defined in Public Works’ standard design details. Lastly, staff proposed a clean up to make the treatment of ground floors with livework units consistent with the requirements for commercial ground floors. Staff’s recommended changes are included in the attached materials, highlighted in yellow.
LOCAL COASTAL PLAN CONSISTENCY
The City’s Local Coastal Program (LCP) is the tool used by the City and the Coastal Commission to effectively regulate development activities within the Coastal Zone. Several of the proposed Zoning Ordinance amendments are in sections of the Municipal Code that are part of the LCP Implementation Plan, including changes to Chapter 24.04 regarding appeals of reasonable accommodations requests, changes to Chapter 24.10 regarding allowed uses within zone districts in the coastal zone, and changes to Chapter 24.12 to amend the objective design standards for multi-family housing, add use standards for thrift stores and pawn shops, add use standards for low-barrier navigation centers, add use standards for community care residential facilities, and to amend the regulations for historic buildings (although it should be noted that the entire geographic area to which this last amendment applies is entirely outside the Coastal Zone).
Modifications to the objective design standards would facilitate allowing existing development capacities rather than increasing those capacities, which are already permitted by the LCP, and would have no physical effect on the size or type of development permitted within the Coastal Zone. Proposed amendments to the allowed uses within zone districts would not substantially change the nature of uses within those zones and would not affect the size of allowable development within the Coastal Zone. Amendments related to navigation centers, community care residential facilities, and reasonable accommodation requests promote equitable access to the coast, creating the potential to provide additional social support within the Coastal Zone to those who need it the most. The proposed amendments to the Municipal Code would implement several policies and programs in the City’s LCP. The following are the LCP provisions that are supported by the actions included in this package of amendments:
Policy CD 1.1: Infill and intensify land uses consistent with existing neighborhood or commercial district patterns in developed areas currently served by municipal services.
Program CD 1.1.2: Develop design criteria to ensure compatibility of infill development with existing neighborhoods and proposed development patterns.
Policy CD 3.5: New or renovated development shall add to, not detract from City-identified landmarks, historic areas and buildings, and established architectural character worthy of preservation. (See Maps CD-4 and CD-5, policies under goal CR 4, L 4.3, S 2.3.1, S 2.4, and the Santa Cruz Historic Building Survey.)
Policy CD 3.6: In pedestrian areas, require building design to be responsive to the pedestrian environment. These areas include but are not limited to Downtown, South of Laurel, the Beach, wharf, shoreline, and commercial shopping areas.
29.7 Policy CD 3.7: Require development to incorporate features to promote pedestrian use including new linkages to the pedestrian system.
Program L 2.1.2: Maximize land intensity or densities in areas unconstrained by resources or hazards and having adequate service capabilities.
Program L 2.6.4.3: Allow and encourage residential development in non-residential districts and develop appropriate design guidelines and incentives for this type of development.
Program L 2.9.1: Identify areas where mixed-use development opportunities exist and develop appropriate guidelines and incentives to encourage that type of development.
Policy L 5.3: Provide for high-density development and mixed uses, where appropriate, as well as transit- and pedestrian-oriented land use patterns to reduce dependence on the automobile and support the use of mass transit and other alternative transportation modes.
Policy CR 2.1 Protect and encourage restoration and rehabilitation of historic and architecturally significant buildings and landmarks. (See policies under CD 3.5.) This list demonstrates the conformance of the proposed amendment package with the goals, policies and programs of the LCP and, by extension, the California Coastal Act.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The proposed amendments fall within the analysis in the City’s existing 2030 General Plan EIR, as they are intended to fully implement the adopted General Plan Land Use maps and policies.
The proposed amendments would not result in increased densities or intensification of uses beyond those already anticipated by the General Plan; rather, these proposed amendments will regulate the design and development character of projects achieving those planned densities, and they will allow for alternative uses or changes that are comparable in intensity and operational characteristics to other allowable uses contemplated in the General Plan. The proposed amendments are also exempt from CEQA under the general rule, CEQA Guidelines Section 15061(b)(3) as a project that can be seen with certainty to have no possibility for causing a significant effect on the environment.
HEALTH IN ALL POLICIES (HiAP): In 2019, the City adopted a Health in All Policies strategy to eliminate inequities in health and well-being and attain equity for all residents. The proposed amendment package furthers the City’s Health in All Policies strategy, as it supports the creation of a wider variety of housing options, promoting more equitable access to housing.
This includes development of multifamily housing in areas of Santa Cruz with a mix of employment, housing, retail, and entertainment uses, promoting a sustainable development pattern and making efficient use of urbanized land. This land use pattern also encourages active transportation, which promotes personal health. Amendments related to navigation centers, community care residential facilities, and reasonable accommodations requests promote equitable access to the City, creating the potential to provide additional social support within the City to those who need it the most. By incentivizing a variety of new housing and service opportunities that meet residents’ needs, this proposal supports the social, economic, and environmental health of the community.
29.8 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: These amendments have the potential to support multifamily housing project feasibility in some instances. However, in large part, they are providing for alternative architectural approaches and would not have a significant effect on project feasibility in most instances. Therefore, the amendments would generally have no fiscal impact.
Prepared By:
Bennett Williamson
Planning Technician
Sarah Neuse
Senior Planner
Clara Stanger
Senior Planner
Claire Gollogly
Principal Transportation Planner
Matt Starkey
Transportation Manager
Matt VanHua, AICP
Principal Planner
Submitted By:
Lee Butler, LEED AP, AICP
Director of Planning and
Community Development
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. DRAFT ORDINANCE (NON-LCP) – CLEAN.DOCX
2. DRAFT ORDINANCE (NON-LCP) – TRACK CHANGES.DOCX
3. DRAFT ORDINANCE (FOR LCP IP) - CLEAN.DOCX
4. DRAFT ORDINANCE (FOR LCP IP) – TRACK CHANGES.DOCX
5. PROPOSED GENERAL PLAN AMENDMENT RESOLUTION.DOCX
6. PROPOSED GENERAL PLAN AMENDMENT EXHIBIT A.DOCX
7. PROPOSED GENERAL PLAN AMENDMENT – TRACKED CHANGES.DOCX
8. APRIL 3, 2025 PLANNING COMMISSION MEETING STAFF REPORT.PDF
9. APRIL 3, 2025 PLANNING COMMISSION MEETING ACTION SUMMARY
10. JANUARY 27, 2025 TRANSPORTATION AND PUBLIC WORKS COMMISSION MEETING STAFF REPORT.PDF
11. JANUARY 27, 2025 TRANSPORTATION AND PUBLIC WORKS COMMISSION MEETING MINUTES.PDF
12. TABLE OF PROPOSED CHANGES TO OBJECTIVE STANDARDS.PDF
13. MAP OF MIXED-USE AND COMMERCIAL ZONES THAT MUST ALLOW LOWBARRIER NAVIGATION CENTERS.PDF
29.9 ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS 10.40.040 NO PARKING AREAS, 15.15.020 BICYCLE FACILITIES, 15.20.010 STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES, AND DRIVEWAY APPROACHES, 15.20.060 SIZE AND NUMBER, 24.10.801 PRINCIPAL PERMITTED USES, MU-M MIXED-USE MEDIUMDENSITY DISTRICT, 24.10.802 USE PERMIT REQUIREMENT, MU-M MIXED-USE MEDIUM-DENSITY DISTRICT, 24.10.811 PRINCIPAL PERMITTED USES, MU-H MIXED-USE HIGH-DENSITY DISTRICT, 24.10.812 USE PERMIT REQUIREMENT, MU-H MIXED-USE HIGH-DENSITY DISTRICT, 24.10.821 PRINCIPAL PERMITTED
USES, MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT,
24.10.822 USE PERMIT REQUIREMENT, MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT, 24.10.831 PRINCIPAL PERMITTED USES, MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT, 24.10.832 USE PERMIT
REQUIREMENT, MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT,
24.10.841 PRINCIPAL PERMITTED USES, MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT, 24.10.842 USE PERMIT REQUIREMENT, MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT, 24.10.851 PRINCIPAL
PERMITTED USES, MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT, 24.10.852 USE PERMIT REQUIREMENT, MU-VA MIXED-USE VISITORSERVING ADDITIONAL HEIGHT DISTRICT, 24.16.200 PURPOSE, DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS, 24.22.130 BOARDING HOME FOR THE AGED, 24.22.223 COMMUNITY CARE FACILITY, 22.22.619 PRIVATE OPEN SPACE,
24.22.662 RETIREMENT HOME OR CENTER, AND CREATING CODE SECTIONS
24.22.125 ON-STREET BICYCLE FACILITY, 24.22.237 COORDINATED ENTRY SYSTEM, 24.22.284 DRIPLINE, 24.22.527 LOW-BARRIER NAVIGATION CENTER,
24.22.836 THRIFT STORE, TO IMPLEMENT ZONING ORDINANCE AMENDMENTS
RELATED TO OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING
UPDATES, STATE DENSITY BONUS, LICENSED COMMUNITY CARE FACILITIES,
LOW-BARRIER NAVIGATION CENTERS, AND AMENDMENTS TO THE SANTA
CRUZ MUNICIPAL CODE RELATED TO DAYLIGHTING, BICYCLE
FACILITIES, AND STANDARDS FOR DRIVEWAYS OUTSIDE OF THE COASTAL ZONE
WHEREAS, the Objective Design Standards for Multifamily Housing were adopted on December 13, 2022 by the Santa Cruz City Council; and
WHEREAS, at the time of adoption of these standards, the City Council directed staff to bring periodic updates and refinements forward for consideration by the Planning Commission and City Council; and
WHEREAS, city staff, in collaboration with members of the development community and the public has reviewed many projects against the standards now incorporated into the Municipal Code and has identified areas that would clarification, correction, and amendment; and
29.10 WHEREAS, at its January 27, 2025 meeting, the City Transportation and Public Works Commission reviewed the proposed additions and modifications to Titles 10 and 15 of the Santa Cruz Municipal Code and recommended approval to the City Council with a few modifications, one of which is included in the staff recommendation; and WHEREAS, at its April 3, 2025 meeting, the City Planning Commission reviewed the proposed amendments to Title 24 of 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 as proposed to be amended; and
WHEREAS, at its April 17, 2025 meeting the City Planning Commission passed a motion that recommended the City Council approve the determination under the California Environmental Quality Act and approve the proposed amendments to Title 24 of the Santa Cruz Municipal Code.
NOW THEREFORE BE IT ORDAINED by the City of Santa Cruz as follows:
Amendments are proposed in the following chapters in Title 10, 15 and 24:
Section 1. Section 10.40.040 No Parking Areas of Chapter 10.40 Stopping, Standing and Parking, of the Santa Cruz Municipal Code is hereby amended to read as follows:
10.40.040 NO PARKING AREAS
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal. Parking restrictions needed to comply with this section are not appealable under Section 10.16.015:
(a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
(b) On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;
(c) In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; (d) In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; (e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized
29.11 for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking;
(h) At any time within twenty feet of the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; (i) On all arterial and collector roadways as defined by the General Plan, any place within twenty feet of the vehicle approach and vehicle receding sides of any marked or unmarked crosswalk or within fifteen feet of the vehicle approach and vehicle receding sides of any crosswalk where a curb extension is present, except that a bus may stop at a designated bus stop; (j) On all local roadways as defined by the General Plan, at any place within twenty feet of the vehicle approach side of a marked or unmarked crosswalk, except that a bus may stop at a designated bus stop;
(k) At any marked midblock crossing, at any place within twenty feet of vehicle approach side and 20’ of the vehicle receding side of a crosswalk or intersection, except that a bus may stop at a designated bus stop;
(l) Within 30 feet upon the approach to any flashing beacon or traffic-control signal; (m) In any public park, except in areas specifically designated as parking areas.
The fines assessed for violation of this section shall be established by city council resolution.
Section 2. Section 15.15.020 BICYCLE FACILITIES of 15.15 PUBLIC REALM DESIGN FOR MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
15.15.020 BICYCLE FACILITIES.
1. Projects shall be required to install bicycle facilities consistent with the city of Santa Cruz Active Transportation Plan or based on the results of the transportation study. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).
2. Unless otherwise dictated by an area plan, the on-street bicycle facility widths for corridors and other roadways are defined in Section 15.20.060.
3. Installation of bicycle facilities will be based on the standard details that are current at the time of a complete permit application and available from the public works department.
4. The bicycle facility width includes the riding surface and buffer space between adjacent sidewalks and parked cars. Where existing bike lanes are provided, that width can be relocated into the above bicycle facility dimension. The width of the facility may be adjusted at intersections, loading zones, bus stops and where required by the Public Rights of Way Accessibility Guidelines, or similar, as approved by the Director of Public Works.
Section 3. Section 15.20.010 and Chapter 15.20 of the Santa Cruz Municipal Code will be renamed
STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES, AND DRIVEWAY APPROACHES and is hereby amended to read as follows:
29.12 15.20.010 STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES,
AND DRIVEWAY APPROACHES
All sidewalks, on-street bicycle facilities, and driveway approaches in the sidewalk area shall be constructed in accordance with the standard plans and specifications and subsequent amendments thereto on file in the office of the director of public works, reference to which is hereby made for further particulars. The director of public works, or his/her authorized representative, shall specify in the permit or written approval to be issued under
Chapters 15.04, 15.08, 15.20, 15.28, 15.32, 15.34 and 15.48, which particular standard plan shall be used on each sidewalk and driveway to be constructed and such construction shall conform to the standard plans, as specified by the director of public works in the said permit to be issued, and said sidewalk and driveway shall be so maintained in strict compliance therewith.
Section 4. Section 15.20.060 SIZE AND NUMBER of 15.20 DRIVEWAYS, SIDEWALKS AND ON-STREET BICYCLE FACILITIES, of the Santa Cruz Municipal Code is hereby amended to read as follows:
15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed twenty-four feet, including the wings or returns, the measurement being made at the curbline. Driveways shall have a smooth tie in to adjacent sidewalks.
i. The maximum width of a driveway may be increased to thirty feet for mixed-use or industrial developments where a turning study acceptable to the Public Works Director shows the need for additional space.
(b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street. (c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the area plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:
Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – Eight feet minimum.
Ocean – Soquel Ave to Water Street – Fifteen feet minimum.
Ocean – Water Street to Pryce Street/Plymouth Street – Twelve feet minimum.
Mission Street – Community Commercial District as defined in the Mission Street Urban Design Plan (Swift Street to just east of Laurel Street) – Twelve feet minimum.
Mission Street – Professional and Administrative District (just east of Laurel Street to Chestnut Street Ext.) – Eight feet minimum.
Soquel Avenue – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Avenue to Morrissey Boulevard) – Ten feet minimum.
29.13 Soquel Avenue – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Boulevard to Poplar Avenue) – Ten feet minimum.
Soquel Avenue – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Avenue to Branciforte Avenue) – Ten feet minimum.
Soquel Avenue – (Ocean Street to Branciforte Avenue) – Eight feet minimum.
Soquel Avenue – (Dakota Avenue to Ocean Street) – Ten feet minimum.
Water Street – Front Street to River Street – Twelve feet minimum.
Water Street – River Street to Ocean Street – Eight feet minimum.
Water Street – Ocean Street to Branciforte Avenue – Eight feet minimum.
Water Street – Branciforte Avenue to Soquel Avenue – Ten feet minimum.
Other Arterials and Collectors
Branciforte Drive – Broadway Avenue to Soquel Avenue – Eight feet minimum.
Branciforte Drive – Soquel Avenue to Water Street – Eight feet minimum.
Branciforte Drive – North of Water Street – Eight feet minimum.
Morrissey Boulevard from Soquel Avenue to Fairmount Avenue – Eight feet minimum.
Broadway Avenue – San Lorenzo Boulevard to Ocean View Avenue – Eight feet minimum.
Broadway Avenue – Ocean View Avenue to Frederick Street – Eight feet minimum.
Seabright Avenue – Murray Avenue to Logan Street – Eight feet minimum.
Seabright Avenue – Logan Street to Gault Street – Eight feet minimum.
Seabright Avenue – Gault Avenue to Soquel Avenue – Eight feet minimum.
Front Street – Pacific Avenue to Laurel Street – Eight feet minimum.
Front Street – Laurel Street to Water Street – Ten feet minimum.
Laurel Street – River Street to Chestnut Avenue – Ten feet minimum.
Laurel Street – Chestnut Avenue to Mission Street – Eight feet minimum.
Cedar Street – Laurel Street to Center Street – Ten feet.
Bay Street – West Cliff to Mission Street – Eight feet minimum.
Bay Drive – Mission Street to High Street – Eight feet minimum.
Delaware Avenue – Bay Avenue to Swift Street – Eight feet minimum.
Delaware Avenue – Swift Street to Shaffer Road – Eight feet minimum.
All Other Roadways
Unless specified in an area plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with three or more residential units or any commercial development shall be a minimum of eight feet.
(e) Unless additional width is specified in the area plans, the following are the minimum widths for bicycle facilities for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:
Soquel Avenue – Eastern city limits to Dakota Avenue -- ten feet minimum All Other Roadways
Compliance with 15.15.020
Section 5. Section 24.10.801 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
29.14 Part 9: MU-M MIXED-USE MEDIUM-DENSITY DISTRICT*
24.10.801 PRINCIPAL PERMITTED USES.
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Financial, insurance, real estate offices (420);
7. Financial services (320);
8. Food and beverage stores (except liquor and convenience stores) (240);
9. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
12. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the regulations of section 24.12.165;
14. Medical/health offices (except veterinarians and ambulance services) (410);
15. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use;
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); Residential Uses.
23. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
24. Single-room occupancy (SRO) housing (860);
25. Flexible density units (FDU) housing;
26. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
27. Small and large family daycare homes in residential units;
28. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;
29. Supportive and transitional housing;
30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
29.15 COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
Section 6. Section 24.10.802 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.10.802 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A).
RESIDENTIAL USES.
f. Two family dwelling if the lot area allows for only two units. New single-family development is not permitted;
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140.
COMMERCIAL USES:
i. Developed parks (710);
j. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
k. Lodging (300);
l. Off-site public/private parking facilities, five or more spaces (930); m. Recycling collection facilities;
n. Temporary commercial structures and uses;
o. Utilities and resources (540);
p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring a public hearing;
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
29.16 USES FOR ACTIVE FRONTAGE:
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES:
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 7. Section 24.10.811 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
29.17 Part 9A: MU-H MIXED-USE HIGH-DENSITY DISTRICT
24.10.811 PRINCIPAL PERMITTED USES.
This district requires a mix of residential and commercial uses within each proposed development.
The following uses are permitted 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).
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Financial, insurance, real estate offices (420);
7. Financial services (320);
8. Food and beverage stores (except liquor and convenience stores) (240);
9. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
12. Home furnishing stores (270);
13. Medical/health offices (except veterinarians and ambulance services) (410);
14. Museums and art galleries (60
15. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165 ;
16. Professional offices (400), except as associated with a visitor-serving use;
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
23. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
24. Single-room occupancy (SRO) housing (860);
25. Flexible density units (FDU) housing;
26. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
27. Small and large family daycare homes in residential units;
29.18 28. 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;
29. Supportive and transitional housing;
30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
Section 8. Section 24.10.812 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.10.812 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
29.19 COMMERCIAL USES.
i. Developed parks (710);
j. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
k. Lodging (300);
l. Off-site public/private parking facilities, five or more spaces (930); m. Recycling collection facilities;
n. Temporary commercial structures and uses;
o. Undeveloped parks and open space (700);
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring a public hearing;
r. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
29.20 s. Motion picture production (manufacturing) (155E); t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 9. Section 24.10.821 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT*
24.10.821 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Financial, insurance, real estate offices (420);
7. Financial services (320);
8. Food and beverage stores (except liquor and convenience stores) (240);
9. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);;
29.21 12. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;
14. Medical/health offices (except veterinarians and ambulance services) (410);
15. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use;
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
23. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
24. Flexible density units (FDU) housing;
25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
26. Single-room occupancy (SRO) housing (860);
27. Small and large family daycare homes in residential units;
28. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;
29. Supportive and transitional housing;
30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Lodging (300);
34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
Section 10. Section 24.10.822 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
29.22 24.10.822 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses.
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
29.23 RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 11. Section 24.10.831 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT*
24.10.831 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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
29.24 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.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Financial, insurance, real estate offices (420);
7. Financial services (320);
8. Food and beverage stores (except liquor and convenience stores) (240);
9. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
12. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;
14. Medical/health offices (except veterinarians and ambulance services) (410);
15. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use;
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
22. Thrift stores, consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
23. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
24. Flexible density units (FDU) housing;
25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
26. Single-room occupancy (SRO) housing (860);
27. Small and large family daycare homes in residential units;
28. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;
29. Supportive and transitional housing;
29.25 30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Lodging (300);
34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
Section 12. Section 24.10.832 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.10.832 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses;
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
29.26 m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
29.27 z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 13. Section 24.10.841 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT
24.10.841 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage in conformance with the standards set in Section
24.12.185 relating to corridor frontage.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Financial, insurance, real estate offices (420);
7. Financial services (320);
8. Food and beverage stores (except liquor and convenience stores) (240);
9. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
12. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;
14. Medical/health offices (except veterinarians and ambulance services) (410);
15. Museums and art galleries (600);
16. Professional offices (400);
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
29.28 22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
23. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
24. Flexible density units (FDU) housing;
25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
26. Single-room occupancy (SRO) housing (860);
27. Small and large family daycare homes in residential units;
28. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;
29. Supportive and transitional housing;
30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Lodging (300);
34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.
Section 14. Section 24.10.842 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.10.842 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter 24.12; c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter 24.12; d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
29.29 RESIDENTIAL USES.
f. Temporary structures and uses;
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section
24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H); i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
29.30 s. Motion picture production (manufacturing) (155E); t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 15. Section 24.10.851 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
Part 9E: MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT
24.10.851 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Government and public agencies (530);
7. Financial, insurance, real estate offices (420);
8. Financial services (320);
9. Food and beverage stores (except liquor and convenience stores) (240);
10. General retail merchandise (drug and department stores) (230);
29.31 11. Hardware stores (indoor sales only) (220A);
12. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;
14. Medical/health offices (except veterinarians and ambulance services) (410);
15. Museums and art galleries (600);
16. Professional offices (400);
17. Professional/personal service (except contractors’ yards and mortuaries) (310);
18. Repairs, alterations and maintenance services for household items (except boat repair) (340);
19. Small preschool/childcare (twelve or fewer) (510A);
20. Specialty retail supply stores (290); except thrift stores (290m);
21. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
23. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
24. Flexible density units (FDU) housing;
25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
26. Single-room occupancy (SRO) housing (860);
27. Small and large family daycare homes in residential units;
28. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;
29. Supportive and transitional housing;
30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
31. Community organizations, associations, clubs and meeting halls (570);
32. Houses of worship/religious facilities (500);
33. Lodging (300);
34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
35. Professional offices (400).
Section 16. Section 24.10.852 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.10.852 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
29.32 USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses;
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter
24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment;
29.33 i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit; COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Section 17. Section 24.16.200 PURPOSE of 24.16 AFFORDABLE HOUSING PROVISIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
Chapter 24.16 AFFORDABLE HOUSING PROVISIONS
Part 3: DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS
24.16.200 PURPOSE.
The purposes of this Part 3 of this chapter are: (1) to provide incentives for the production of housing for very-low-income, low-income, moderate-income, and senior households; (2) to provide incentives for the creation of rental housing serving lower-income households; (3) to provide incentives for the construction of child care centers serving very-low-, low-, and moderateincome households; and (4) to implement California Government Code Sections 65915, 65915.5, 65915.7, and 65917 as required by Government Code Section 65915(a).
Where allowances of state law in Government Code Section 65915 et seq., as amended, conflict with any provisions of this Part, state law prevails. In enacting this part, it is also the intent of the city of Santa Cruz to implement the goals, objectives, and policies of the city’s General Plan Housing Element to encourage the construction of affordable housing in the city. Further, it is the intent of the city of Santa Cruz to encourage the development of rental housing in order to serve
29.34 an economically diverse community and to mitigate the trend, as documented in the General Plan Housing Element, that only limited rental unit development occurs without public assistance.
Section 18. Section 24.22.125 On-Street Bicycle Facility of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:
Chapter 24.22 DEFINITIONS
24.22.125 ON-STREET BICYCLE FACILITY
A facility intended for bicycle travel within the public right of way which designates separate space for bicyclists distinct from motor vehicle traffic.
Section 19. Section 24.22.130 BOARDING HOME FOR THE AGED of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.22.130 BOARDING HOME FOR THE AGED.
(See 24.22.662, Retirement Home or Center)
Section 20. Section 24.22.223 COMMUNITY CARE FACILITY of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.22.223 COMMUNITY CARE FACILITY.
Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and as further defined under state Health and Safety Code Section 1502. All community care facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations.
Section 21. Section 24.22.237 Coordinated Entry System of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:
24.22.237 COORDINATED ENTRY SYSTEM.
A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
Section 22. Section 24.22.284 DRIPLINE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:
24.22.284 DRIPLINE
The outermost circumference of the tree's canopy, from which water drips onto the ground.
29.35 Section 23. Section 24.22.527 Low-Barrier Navigation Center of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:
24.22.527 LOW-BARRIER NAVIGATION CENTER.
A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
b. Allowance to keep pets.
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Section 24. Section 22.22.619 PRIVATE OPEN SPACE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
22.22.619 PRIVATE OPEN SPACE.
“Private open space” means outdoor area either at ground level or on a balcony, including patios, decks, or other privately-accessed outdoor space which is appurtenant to a dwelling unit and designed for the exclusive use of the occupants of that dwelling unit.
Section 25. Section 24.22.662 RETIREMENT HOME OR CENTER of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:
24.22.662 RETIREMENT HOME OR CENTER.
A facility, including but not limited to a residential care facility for the elderly or a continuing care retirement community, that is designated and intended to provide suitable living quarters and specialized services to elderly, or retired, ambulatory persons. These units are designed to serve elderly persons, and may include such special facilities and services as, but not limited to, communal cooking and eating areas, special dietary programs, wheelchair ramps, hallway handrails and other special features and programs intended to serve the needs of elderly, retired persons.
Section 25. Section 24.22.836 THRIFT STORE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:
24.22.836 THRIFT STORE
A retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. Does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.
29.36 Section 26. The City Council finds and determines that the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) as a project has been considered under the City’s existing 2030 General Plan Environmental Impact Report and that it can be seen with certainty to have no possibility for causing a significant effect on the environment.
Section 27. 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 28. This ordinance shall take effect and be in full force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 27th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this XX day of XX, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
29.37 This is to certify that the above and
foregoing document is the original
of Ordinance No. 2025-XX and
that it has been published or posted
in accordance with the Charter of
the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
29.38 Zoning Ordinance Amendments Related to Objective Design Standards for Multifamily Housing, State Density Bonus, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street, and General Plan Land Use Chapter Text Amendment, that do not implement the Local Coastal Plan.
April 2025 – REDLINE copy
deleted text is struck out and red; additions are red and underlined Changes made after the 1/27/25 Transportation and Public Works Commission meeting and 4/3/25 Planning Commission Meeting: deleted text is struck out and red and highlighted in yellow; additions are red and underlined, and highlighted in yellow Amendments are proposed in the following chapters in Title 10, 15 and 24:
Title 10: Vehicles and Traffic
Chapter 10.40 Stopping, Standing and Parking
10.40.040 NO PARKING AREAS
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal. Parking restrictions needed to comply with this section are not appealable under Section 10.16.015:
(a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
(b) On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; (c) In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; (d) In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; (e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such
29.39 use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; (h) At any time within twenty feet of the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface;
(i) On all arterial and collector roadways as defined by the General Plan, At any place within twenty feet of a the vehicle approach and vehicle receding sides of any marked or unmarked crosswalk or within fifteen feet of the vehicle approach and vehicle receding sides of any crosswalk where a curb extension is presentat an intersection (in the Central Traffic District) or in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop; (j) On all local roadways as defined by the General Plan, at any place within twenty feet of the vehicle approach side of a marked or unmarked crosswalk, except that a bus may stop at a designated bus stop;
(k) At any marked midblock crossing, at any place within twenty feet of vehicle approach side and 20’ of the vehicle receding side of a crosswalk or intersection, except that a bus may stop at a designated bus stop;
(lj) Within twenty feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device;30 feet upon the approach to any flashing beacon or traffic-control signal;
(mk) In any public park, except in areas specifically designated as parking areas.
The fines assessed for violation of this section shall be established by city council resolution.
29.40 Title 15: Streets and Sidewalks
Chapter 15.15 PUBLIC REALM DESIGN FOR MULTIFAMILY AND MIXED-USE
RESIDENTIAL PROJECTS
15.15.020 BICYCLE FACILITIES.
1. Projects shall be required to install bicycle facilities consistent with the city of Santa Cruz Active Transportation Plan or based on the results of the transportation study. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).
2. Unless otherwise dictated by an area plan, the on-street bicycle facility widths for corridors and other roadways are defined in Section 15.20.060.
3. Installation of bicycle facilities will be based on the standard details that are current at the time of a complete permit application and available from the public works department.
4. The bicycle facility width includes the riding surface and buffer space between adjacent sidewalks and parked cars. Where existing bike lanes are provided, that width can be relocated into the above bicycle facility dimension. The width of the facility may be adjusted at intersections, loading zones, bus stops and where required by the Public Rights of Way Accessibility Guidelines, or similar, as approved by the Director of Public Works.
Chapter 15.20 DRIVEWAYS, AND SIDEWALKS AND ON-STREET BICYCLE FACILITIES*
15.20.010 STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE
FACILITIES, AND DRIVEWAY APPROACHES
All sidewalks, on-street bicycle facilities, and driveway approaches in the sidewalk area shall be constructed in accordance with the standard plans and specifications and subsequent amendments thereto on file in the office of the director of public works, reference to which is hereby made for further particulars. The director of public works, or his/her authorized representative, shall specify in the permit or written approval to be issued under Chapters 15.04, 15.08, 15.20, 15.28, 15.32, 15.34 and 15.48, which particular standard plan shall be used on each sidewalk and driveway to be constructed and such construction shall conform to the standard plans, as specified by the director of public works in the said permit to be issued, and said sidewalk and driveway shall be so maintained in strict compliance therewith.
15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed thirty twenty four feet, including the wings or returns, the measurement being made at the curbline. Driveways shall have a smooth tie in to adjacent sidewalks.
i. The maximum width of a driveway may be increased to thirty feet for mixed-use or industrial developments where a turning study acceptable to the Public Works Director shows the need for additional space.
(b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on
29.41 any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street. (c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the area plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:
Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – Eight feet minimum.
Ocean – Soquel Ave to Water Street – Fifteen feet minimum.
Ocean – Water Street to Pryce Street/Plymouth Street – Twelve feet minimum.
Mission Street – Community Commercial District as defined in the Mission Street Urban Design Plan (Swift Street to just east of Laurel Street) – Twelve feet minimum.
Mission Street – Professional and Administrative District (just east of Laurel Street to Chestnut Street Ext.) – Eight feet minimum.
Soquel Avenue – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Avenue to Morrissey Boulevard) – Ten feet minimum.
Soquel Avenue – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Boulevard to Poplar Avenue) – Ten feet minimum.
Soquel Avenue – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Avenue to Branciforte Avenue) – Ten feet minimum.
Soquel Avenue – (Ocean Street to Branciforte Avenue) – Eight feet minimum.
Soquel Avenue – (Dakota Avenue to Ocean Street) – Ten feet minimum.
Water Street – Front Street to River Street – Twelve feet minimum.
Water Street – River Street to Ocean Street – Eight feet minimum.
Water Street – Ocean Street to Branciforte Avenue – Eight feet minimum.
Water Street – Branciforte Avenue to Soquel Avenue – Ten feet minimum.
Other Arterials and Collectors
Branciforte Drive – Broadway Avenue to Soquel Avenue – Eight feet minimum.
Branciforte Drive – Soquel Avenue to Water Street – Eight feet minimum.
Branciforte Drive – North of Water Street – Eight feet minimum.
Morrissey Boulevard from Soquel Avenue to Fairmount Avenue – Eight feet minimum.
Broadway Avenue – San Lorenzo Boulevard to Ocean View Avenue – Eight feet minimum.
Broadway Avenue – Ocean View Avenue to Frederick Street – Eight feet minimum.
Seabright Avenue – Murray Avenue to Logan Street – Eight feet minimum.
Seabright Avenue – Logan Street to Gault Street – Eight feet minimum.
Seabright Avenue – Gault Avenue to Soquel Avenue – Eight feet minimum.
Front Street – Pacific Avenue to Laurel Street – Eight feet minimum.
Front Street – Laurel Street to Water Street – Ten feet minimum.
Laurel Street – River Street to Chestnut Avenue – Ten feet minimum.
Laurel Street – Chestnut Avenue to Mission Street – Eight feet minimum.
Cedar Street – Laurel Street to Center Street – Ten feet.
Bay Street – West Cliff to Mission Street – Eight feet minimum.
29.42 Bay Drive – Mission Street to High Street – Eight feet minimum.
Delaware Avenue – Bay Avenue to Swift Street – Eight feet minimum.
Delaware Avenue – Swift Street to Shaffer Road – Eight feet minimum.
All Other Roadways
Unless specified in an area plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with three or more residential units or any commercial development shall be a minimum of eight feet.
(e) Unless additional width is specified in the area plans, the following are the minimum widths for bicycle facilities for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:
Soquel Avenue – Eastern city limits to Dakota Avenue -- ten feet minimum All Other Roadways
Compliance with 15.15.020
Title 24: Zoning
Chapter 24.10 Land Use Districts
Part 9: MU-M MIXED-USE MEDIUM-DENSITY DISTRICT*
24.10.801 PRINCIPAL PERMITTED USES.
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
46. Financial, insurance, real estate offices (420);
57. Financial services (320);
68. Food and beverage stores (except liquor and convenience stores) (240);
79. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
812. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the regulations of section 24.12.165; 149. Medical/health offices (except veterinarians and ambulance services) (410); 150. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use; 171. Professional/personal service (except contractors’ yards and mortuaries) (310); 182. Repairs, alterations and maintenance services for household items (except boat repair) (340);
193. Small preschool/childcare (twelve or fewer) (510A); 2014. Specialty retail supply stores (290); except thrift stores (290m);
29.43 2115. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
1623. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
1724. Single-room occupancy (SRO) housing (860);
2518. Flexible density units (FDU) housing;
2619. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
270. Small and large family daycare homes in residential units; 281. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; 292. Supportive and transitional housing;
3023. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
24. Professional offices (400);
25. Communication and information services (550);
3126. Community organizations, associations, clubs and meeting halls (570);
27. Educational facilities (public/private) (510);
28. Government and public agencies (530);
2932. Houses of worship/religious facilities (500);
3033. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
24.10.802 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
29.44 d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
ef. Veterinarians (410A).
RESIDENTIAL USES.
fg. Two family dwelling if the lot area allows for only two units. New single-family development is not permitted;
gh. Temporary structures and uses;
hi. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140.
COMMERCIAL USES:
ij. Developed parks (710);
jk. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
kl. Lodging (300);
lm. Off-site public/private parking facilities, five or more spaces (930); mn. Recycling collection facilities;
no. Temporary commercial structures and uses;
op. Utilities and resources (540);
pq. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring a public hearing;
qr. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.
29.45 COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Part 9A: MU-H MIXED-USE HIGH-DENSITY DISTRICT
24.10.811 PRINCIPAL PERMITTED USES.
This district requires a mix of residential and commercial uses within each proposed development. The following uses are permitted 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).
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
46. Financial, insurance, real estate offices (420);
29.46 57. Financial services (320);
68. Food and beverage stores (except liquor and convenience stores) (240);
79. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
812. Home furnishing stores (270);
914. Medical/health offices (except veterinarians and ambulance services) (410); 1015. Museums and art galleries (60
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165 ;
16. Professional offices (400), except as associated with a visitor-serving use; 117. Professional/personal service (except contractors’ yards and mortuaries) (310); 1812. Repairs, alterations and maintenance services for household items (except boat repair) (340);
1913. Small preschool/childcare (twelve or fewer) (510A); 2014. Specialty retail supply stores (290); except thrift stores (290m); 2115. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
2316. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
2417. Single-room occupancy (SRO) housing (860);
2518. Flexible density units (FDU) housing;
2619. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
2720. Small and large family daycare homes in residential units; 2821. 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; 2922. Supportive and transitional housing;
3023. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
24. Professional offices (400);
25. Communication and information services (550);
2631. Community organizations, associations, clubs and meeting halls (570);
27. Educational facilities (public/private) (510);
28. Government and public agencies (530);
29.47 2932. Houses of worship/religious facilities (500); 3033. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
(Ord. 2022-18 § 13, 2022).
24.10.812 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
ef. Veterinarians (410A);
RESIDENTIAL USES.
fg. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;
gh. Temporary structures and uses;
hi. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
ij. Developed parks (710);
jk. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
kl. Lodging (300);
lm. Off-site public/private parking facilities, five or more spaces (930); mn. Recycling collection facilities;
no. Temporary commercial structures and uses;
op. Undeveloped parks and open space (700);
pq. Utilities and resources (540);
q.r. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
rs. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
29.48 USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; qp. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); qr. Mortuaries (310I);
rs. Motion picture production (manufacturing) (155E);
st. Rental services (360);
tu. Solar equipment (manufacturing) (155C);
uv. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
vw. Stone, clay, glass products (manufacturing) (140);
wx. Storage and warehouse when connected with permitted use (330); xy. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
yz. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
29.49 Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT*
24.10.821 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
46. Financial, insurance, real estate offices (420);
57. Financial services (320);
68. Food and beverage stores (except liquor and convenience stores) (240);
97. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);;
128. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; 149. Medical/health offices (except veterinarians and ambulance services) (410); 1510. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use; 1711. Professional/personal service (except contractors’ yards and mortuaries) (310); 1812. Repairs, alterations and maintenance services for household items (except boat repair) (340);
1913. Small preschool/childcare (twelve or fewer) (510A); 2014. Specialty retail supply stores (290); except thrift stores (290m); 2115. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
2316. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
2417. Flexible density units (FDU) housing;
2518. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
29.50 2619. Single-room occupancy (SRO) housing (860);
2720. Small and large family daycare homes in residential units; 2821. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; 292. Supportive and transitional housing;
3023. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
24. Communication and information services (550);
3125. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
3228. Houses of worship/religious facilities (500);
3329. Lodging (300);
3430. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
352. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
24.10.822 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
ef. Veterinarians (410A);
RESIDENTIAL USES.
fg. Temporary structures and uses.
29.51 gh. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
hi. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
ij. Off-site public/private parking facilities, five or more spaces (930); jk. Recycling collection facilities;
kl. Temporary commercial structures and uses;
lm. Utilities and resources (540);
mn. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
no. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; pq. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); qr. Mortuaries (310I);
29.52 rs. Motion picture production (manufacturing) (155E); st. Rental services (360);
tu. Solar equipment (manufacturing) (155C);
uv. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
vw. Stone, clay, glass products (manufacturing) (140);
wx. Storage and warehouse when connected with permitted use (330); xy. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
yz. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT*
24.10.831 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
46. Financial, insurance, real estate offices (420);
57. Financial services (320);
68. Food and beverage stores (except liquor and convenience stores) (240);
79. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
812. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; 914. Medical/health offices (except veterinarians and ambulance services) (410);
29.53 1015. Museums and art galleries (600);
16. Professional offices (400), except as associated with a visitor-serving use; 1117. Professional/personal service (except contractors’ yards and mortuaries) (310); 1218. Repairs, alterations and maintenance services for household items (except boat repair) (340);
1319. Small preschool/childcare (twelve or fewer) (510A); 1420. Specialty retail supply stores (290); except thrift stores (290m); 1521. Theaters (620);
22. Thrift stores, consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
1623. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);
1724. Flexible density units (FDU) housing;
1825. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
1926. Single-room occupancy (SRO) housing (860);
2027. Small and large family daycare homes in residential units; 2128. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; 2229. Supportive and transitional housing;
2330. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
24. Communication and information services (550);
2531. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
2832. Houses of worship/religious facilities (500);
2933. Lodging (300);
3034. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
3235. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
24.10.832 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
29.54 USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
fe. Veterinarians (410A);
RESIDENTIAL USES.
gf. Temporary structures and uses;
hg. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
ih. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
ji. Off-site public/private parking facilities, five or more spaces (930); kj. Recycling collection facilities;
lk. Temporary commercial structures and uses;
ml. Utilities and resources (540);
nm. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
on. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
29.55 g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); rq. Mortuaries (310I);
sr. Motion picture production (manufacturing) (155E);
ts. Rental services (360);
ut. Solar equipment (manufacturing) (155C);
vu. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
wv. Stone, clay, glass products (manufacturing) (140);
xw. Storage and warehouse when connected with permitted use (330); yx. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
zy. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT
24.10.841 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage in conformance with the standards set in Section 24.12.185 relating to corridor frontage.
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):
29.56 USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
46. Financial, insurance, real estate offices (420);
57. Financial services (320);
68. Food and beverage stores (except liquor and convenience stores) (240);
79. General retail merchandise (drug and department stores) (230);
10. Government and public agencies (530);
11. Hardware stores (indoor sales only) (220A);
812. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; 914. Medical/health offices (except veterinarians and ambulance services) (410); 1015. Museums and art galleries (600);
16. Professional offices (400);
1117. Professional/personal service (except contractors’ yards and mortuaries) (310); 1218. Repairs, alterations and maintenance services for household items (except boat repair) (340);
1319. Small preschool/childcare (twelve or fewer) (510A); 1420. Specialty retail supply stores (290); except thrift stores (290m); 1521. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.
1623. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
1724. Flexible density units (FDU) housing;
1825. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
1926. Single-room occupancy (SRO) housing (860);
2027. Small and large family daycare homes in residential units; 2128. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; 2229. Supportive and transitional housing;
2330. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
29.57 COMMERCIAL USES.
24. Communication and information services (550);
2531. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
2832. Houses of worship/religious facilities (500);
2933. Lodging (300);
3034. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
31. Professional offices (400);
3235. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter
24.12 requiring no public hearing.
(Ord. 2022-18 § 14, 2022).
24.10.842 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
fe. Veterinarians (410A);
RESIDENTIAL USES.
gf. Temporary structures and uses;
hg. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
ih. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
ji. Off-site public/private parking facilities, five or more spaces (930); kj. Recycling collection facilities;
lk. Temporary commercial structures and uses;
ml. Utilities and resources (540);
29.58 nm. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
on. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); rq. Mortuaries (310I);
sr. Motion picture production (manufacturing) (155E);
ts. Rental services (360);
ut. Solar equipment (manufacturing) (155C);
vu. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
wv. Stone, clay, glass products (manufacturing) (140);
xw. Storage and warehouse when connected with permitted use (330); yx. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
29.59 iv. Health foods;
zy. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Part 9E: MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT
24.10.851 PRINCIPAL PERMITTED USES.
This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.
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):
USES FOR ACTIVE FRONTAGE.
1. Acting/art/music/dance schools and studios (610);
2. Apparel and accessory stores (250);
3. Communication and information (550);
34. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);
5. Educational facilities (public/private) (510);
6. Government and public agencies (530);
47. Financial, insurance, real estate offices (420);
58. Financial services (320);
69. Food and beverage stores (except liquor and convenience stores) (240); 710. General retail merchandise (drug and department stores) (230);
11. Hardware stores (indoor sales only) (220A);
812. Home furnishing stores (270);
13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; 914. Medical/health offices (except veterinarians and ambulance services) (410); 1015. Museums and art galleries (600);
16. Professional offices (400);
1117. Professional/personal service (except contractors’ yards and mortuaries) (310); 1218. Repairs, alterations and maintenance services for household items (except boat repair) (340);
1319. Small preschool/childcare (twelve or fewer) (510A); 1420. Specialty retail supply stores (290); except thrift stores (290m); 1521. Theaters (620);
22. Thrift stores consistent with the requirements of Section 24.12.146 (290m);
29.60 RESIDENTIAL USES.
1623. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);
1724. Flexible density units (FDU) housing;
1825. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);
1926. Single-room occupancy (SRO) housing (860);
2027. Small and large family daycare homes in residential units; 2128. 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. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; 2229. Supportive and transitional housing;
2330. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.
24. Communication and information services (550);
2531. Community organizations, associations, clubs and meeting halls (570);
26. Educational facilities (public/private) (510);
27. Government and public agencies (530);
2832. Houses of worship/religious facilities (500);
2933. Lodging (300);
3034. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);
3135. Professional offices (400).
24.10.852 USE PERMIT REQUIREMENT.
1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter
24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter
24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Thrift stores (290m);
29.61 fe. Veterinarians (410A);
RESIDENTIAL USES.
gf. Temporary structures and uses;
hg. Accessory buildings containing plumbing fixtures subject to the provisions of Section
24.12.140;
COMMERCIAL USES.
ih. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter
24.12 (280H);
ji. Off-site public/private parking facilities, five or more spaces (930); kj. Recycling collection facilities;
lk. Temporary commercial structures and uses;
ml. Utilities and resources (540);
mn. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12;
on. Private property outdoor seating, subject to the requirements in Section 24.12.191.
2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter
24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
29.62 o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); rq. Mortuaries (310I);
sr. Motion picture production (manufacturing) (155E);
ts. Rental services (360);
ut. Solar equipment (manufacturing) (155C);
vu. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
wv. Stone, clay, glass products (manufacturing) (140);
xw. Storage and warehouse when connected with permitted use (330); yx. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
zy. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).
Chapter 24.16 AFFORDABLE HOUSING PROVISIONS
Part 3: DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS
24.16.200 PURPOSE.
The purposes of this Part 3 of this chapter are: (1) to provide incentives for the production of housing for very-low-income, low-income, moderate-income, and senior households; (2) to provide incentives for the creation of rental housing serving lower-income households; (3) to provide incentives for the construction of child care centers serving very-low-, low-, and moderateincome households; and (4) to implement California Government Code Sections 65915, 65915.5, 65915.7, and 65917 as required by Government Code Section 65915(a).
Where allowances of state law in Government Code Section 65915 et seq., as amended, conflict with any provisions of this Part, state law prevails. In enacting this part, it is also the intent of the city of Santa Cruz to implement the goals, objectives, and policies of the city’s General Plan Housing Element to encourage the construction of affordable housing in the city. Further, it is the intent of the city of Santa Cruz to encourage the development of rental housing in order to serve an economically diverse community and to mitigate the trend, as documented in the General Plan Housing Element, that only limited rental unit development occurs without public assistance.
29.63 Chapter 24.22 DEFINITIONS
24.22.125 On-Street Bicycle Facility
A facility intended for bicycle travel within the public right of way which designates separate space for bicyclists distinct from motor vehicle traffic.
24.22.130 BOARDING HOME FOR THE AGED.
(See 24.22.662, Retirement Home or Center)A private residence providing board and room as well as twenty-four-hour protective and personal care and services to ambulatory aged guests, as defined herein, assuming for them responsibilities which go beyond those customarily associated with a landlord-tenant relationship; and where bedside care is provided only for conditions determined by a physician to be temporary and minor. Such establishments do not provide individual cooking and eating facilities for the guests. The term does not include “nursing home” as defined herein. (See: § 24.22.374, Foster Family Home and Group Care Home)