Poor: Trees in poor health and/or with poor structure that cannot be effectively abated with treatment
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
Suitability for Preservation Ratings: Disposition Category:
Good: Trees in good health and structural condition with potential for longevity on the site
RT: Retain Tree
RI: Remove Due to Construction Impacts
Fair: Trees in fair health and/or with structural defects that may be reduced with treatment procedures
I.M. Impacts Can Be Mitigated With Pre-Construction Treatments R.C. Remove Due to Condition
Protected Tree City of Santa Cruz Any tree 14 inches or greater in diameter measured at 4.5 feet above grade. Street trees regardless of size.
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Tree # Species
Trunk
Diameter @
54 inches
a.g.
Heritage
Tree
Crown
Height
(feet)&
Spread
(diameter
feet)
Health
Rating
Structural
Rating Age
Suitability for
Preservation
(Based Upon
Condition &
Species)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating &
Description)
Retention
or Removal
Code
Comments
T3
queen palm
(Syagrus
romanzoffiana )
14.5" Yes 35'X15' Good Good SemimatureGood 10' High (In building footprint) R.I.
T4 queen palm 11" No 60'x45' Good Good Semimature
Good 10' High (In building
footprint) R.I.
T5 fan palm
(Washingtonia spp .) 19" Yes 35'X10 Good Good Semimature Good 10' High (In building
footprint) R.I.
T6 fan palm 22" Yes 30'X10' Good Good Semimature
Good 10' High (In building
footprint) R.I.
T7 queen palm 11" No 30'X10' Fair Fair
Semimature
Fair 10' High (In building
footprint) R.I.
T8 queen palm 12" No 30'X10' Good Good Semimature
Good 10' High (In building
footprint) R.I.
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
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Tree # Species
Trunk
Diameter @
54 inches
a.g.
Heritage
Tree
Crown
Height
(feet)&
Spread
(diameter
feet)
Health
Rating
Structural
Rating Age
Suitability for
Preservation
(Based Upon
Condition &
Species)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating &
Description)
Retention
or Removal
Code
Comments
T9
Leyland cypress
(x Hesperotropis
leylandii)
16"
(Estimated) Yes 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Remove=al of
approximately 25-35% of canopy, including 6 ea. 3-6-inch diameter limbs is necessary to accommodate building.
T10 Leyland cypress 11"
(Estimated) No 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Removal of
approximately 25-35% of canopy, including 4 ea. 2-4-inch diameter limbs is necessary to accommodate building.
T11 Leyland cypress 13"
(Estimated) No 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Removal
approximately 25-35% of canopy, including 6 ea. 3-5-inch diameter limbs removed at trunk is necessary to
accommodate building.
T12 incense cedar
(Calocedrus decurrens)
24"
(Estimated) Yes 55'X15' Fair Fair-Poor Mature Fair 20'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 3.5' from new building foundation. 10 - 15 degree trunk lean. Unbalanced canopy with weight bias
towards subject lot. All live growth is at outer edges of canopy. Needs clearance pruning to accommodate project.
Removal of approximately 65-75% of canopy is necessary to accommodate building.
T13
walnut
(Julgans spp .)
30"
(Estimated) Yes 50'X30' Fair Fair Mature Fair 20'
Moderate (Root
Loss, excavation,
Canopy Loss,
clearance pruning)
R.T., I.M.
Approximately 8.5' from new building foundation. Topped at 35' above grade. Needs clearance pruning to accommodate project. Removal of approximately 15-20% of canopy is
necessary to accommodate building.
Trees On Adjacent Properties
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
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APPENDIX B – CRITERIAFORTREE ASSESSMENT CHART
Following is an explanation of the data used in the tree evaluations. The data is incorporated in the Tree Assessment Chart, Appendix A.
Trunk Diameter and Number of Trunks:
Trunk diameter as measured at 4.5 feet above grade. The number of trunks refers to a single or multiple trunked tree. Multiple trunks are measured at 4.5 feet above grade.
Health Ratings:
Good: A healthy, vigorous tree, reasonably free of signs and symptoms of disease Fair: Moderate vigor, moderate twig and small branch dieback, crown may be thinning and leaf color may be poor
Poor: Tree in severe decline, dieback of scaffold branches and/or trunk, most of foliage from epicormics
Structure Ratings:
Good: No significant structural defects. Growth habit and form typical of the species Fair: Moderate structural defects that might be mitigated with regular care Poor: Extensive structural defects that cannot be abated.
Relative Age:
I estimated tree age as young, semi-mature, mature, or over-mature.
Suitability for Preservation Ratings:
Rating factors:
Tree Health: Healthy vigorous trees are more tolerant of construction impacts such as root loss, grading, and soil compaction, then are less vigorous specimens.
Structural integrity: Preserved trees should be structurally sound and absent of defects or have defects that can be effectively reduced, especially near structures or high use areas.
Tree Age: Over mature trees have a reduced ability to tolerate construction impacts, generate new tissue and adjust to an altered environment. Young to maturing specimens are better able to respond to change.
Species response: There is a wide variation in the tolerance of individual tree species to construction impacts.
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Rating Scale:
Good: Trees in good health and structural condition with potential for longevity on the site Fair: Trees in fair health and/or with structural defects that may be reduced with treatment procedures.
Poor: Trees in poor health and/or with poor structure that cannot be effectively abated with treatment. Trees can be expected to decline or fail regardless of construction impacts or management . The species or individual may possess characteristics that are incompatible or undesirable in landscape settings or unsuited for the intended use of the site.
Construction Impacts:
Rating Scale:
High: Development elements proposed that are located within the Tree Protection Zone that would severely impact the health and /or stability of the tree. The tree impacts cannot be mitigated without design changes. The tree may be located within the building footprint.
Moderate: Development elements proposed that are located within the Tree Protection Zone that will impact the health and/or stability of the tree and can be mitigated with tree protection treatments.
Low: Development elements proposed that are located within or near the Tree Protection Zone that will have a minor impact on the health of the tree and can be mitigated with tree protection treatments.
None: Development elements will have no impact on the health and stability of the Tree.
Tree Protection Zone (TPZ):
Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, particularly during construction or development.
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542 OCEAN STREET
548 OCEAN STREET
530 OCEAN STREET
OCEAN STREET
BRANCIFORTE CREEK
H:\3871-000\ACAD\EXHIBITS\XB_BASE MAP.DWG
BASE MAP
ARTHAUS OCEAN
CITY OF SANTA CRUZ SANTA CRUZ COUNTY CALIFORNIA
SCALE: 1"=10' DATE: APRIL 5, 2024
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
.
.
.
.
.
. .
Tree Location Map
530, 542, 548 Ocean Street, Santa Cruz
Sheet T1
of one sheet
K.F.
4/30/2024
A.P.N. - 010
-011-16, 31
& 30
.
.
T12 INCENSE CEDAR
24"
T13 WALNUT
30"
T9 CYPRESS
16"
T10 CYPRESS
. .
11"
T11 CYPRESS
13"
T1 EVERGREEN PEAR
13.75"
T2 PRIVET
6"
.
T3 QUEEN PALM
14.5"
T4 QUEEN PALM
11"
T5 FAN PALM
19"
T6 FAN PALM
22"
T7 QUEEN PALM
11"
T8 QUEEN PALM
12"
X
X
X X
X
X
X X
X X X X.
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Glossary of Terms
Basal rot: decay of the lower trunk, trunk flare, or buttress roots.
Canker: Localized diseased area on stems, roots and branches. Often sunken and discolored.
Critical Root Zone (CRZ): Area of soil around a tree where a minimum number of roots considered critical to the structural stability or health of the tree are located. CRZ determination is sometimes based on the drip line or a multiple of the DBH, but because root growth can be asymmetric due to site conditions, on-site investigation may be required.
Codominant branches/stems: Forked branches (or trunks), nearly the same size in diameter, arising from a common junction and lacking a normal branch union, may have included bark.
Crown: Upper part of a tree, measured from the lowest branch, including all branches and foliage.
Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.
Diameter at breast height (DBH): Measurement of trunk diameter at 4.5 feet above grade.
Frass: Fecal material and/or wood shavings produced by insects.
Included Bark Attachments (crotches): Branch/limb or limb /trunk, or codominant trunks originating at acute angles from each other. Bark remains between such crotches, preventing the development of axillary wood. The inherent weakness of such attachments increases with time, through the pressure of opposing growth and increasing weight of wood and foliage, often resulting in failure.
Live Crown Ratio (LCR): Ratio of the the crown length (live foliage), to total tree height.
Scaffold branches: Permanent or structural branches that form the scaffold architecture or structure of a tree.
Suppressed: Trees that have been overtopped and occupy an understory position within a group or grove of trees. Suppressed trees often have poor structure.
Tree Protection Zones (TPZ): Defined area within which certain activities are prohibited of restricted to prevent or minimize potential injury to designated trees, especially during construction or development.
Trunk flare: Transition zone from trunk to roots where the trunk expands into the buttress or structural roots.
This Glossary of Terms was adapted from the Glossary of Arboricultural Terms (ISA, 2015)
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P:\PKAD\Registration Office\Fee Schedule\Fees PR Facilities – Effective Jan 08, 2024 Page 12 of 13
PARKS & RECREATION DEPARTMENT
SCHEDULE OF FEES
Effective Date 01/08/2024
EVENT PERMIT FEES
PERMIT TYPE
STANDARD RATE
DEPOSITS/ MISC FEES
SIMPLE COMPLEX
Film, Video & Photography* $305 $737 💰Deposit may be required for facility access cards or keys 🍷 $67 Alcohol Permit
⚡ $34 Access to Power
💵 Commercial Use Fee (10% Standard, 5% Nonprofits)
🎟 Admissions Tax (5% Standard)
Parking Lot fees may be prorated by Permit Officer. Listed fee is a maximum.
*Application fees for student film projects are waived if they are noncommercial in orientation and content.
Major Public Event $309 $617
Public Gathering & Expression No Charge
N/A
Street Performance No Charge
Neighborhood Block Party $140
Parks & Recreation Parking Lot Use $11/space/day
Street Closure $257/day
Fees above are per approved application and do not include other fees for additional required permits, facility fees, services or staff time.
ENCROACHMENT AND TREE PERMIT FEES
PERMIT TYPE STANDARD RATE DEPOSITS/MISC FEES
Encroachment-construction/research No Charge No fee for an application. Upon approval, an Encroachment Permit will be issued.
Emergency / Dead Tree Removal
Application No Charge
No fee for an Emergency or Dead tree removal application.
Upon approval, an Emergency or Dead Tree Permit will be issued.
Tree Permit Application $50 $20 for each additional tree listed on application. A 6% technology will also be applied.
Tree Mitigation Fees
Tree Bond
In-Lieu Fee
Street Trees:
In-Lieu Fee - less than 7” diameter
In-Lieu Fee - 7” and greater in diameter
$250
$1,859
$1,646
$1,859
Mitigation Fees are per tree.
For Replanting, permittee must contact the City Urban Forester, 831-420-5246 after 3 months of establishment to have the $250.00 bond returned.
In-Lieu fees support City Tree Trust Fund for off-site mitigation.
Street Tree In-Lieu Fee is based on size as noted by City Arborist/Urban Forester Tree Appeal $100 Filed with the Parks and Recreation Commission Secretary.
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BIBLIOGRAPHY
Matheny, N. and Clark, J. Trees & Development – A Technical Guide to Preservation of Trees During Land Development. Champaign, IL: International Society of Arboriculture c. 1998 Costello, L.R., Watson, G., Smiley E.T. Root Management – Best Management Practices, Champaign, ILL: International Society of Arboriculture c. 2017 ANSI Board of Standards Review. A.N.S.I. (American National Standard) A300 (Part 8)- 2013 Root Management
Harris, R.W., Clark, J.R. and Matheny, N.P. Arboriculture: Integrated management of landscape tree, shrubs, and vines. 4th ed. Upper Saddle River, NJ: Prentice-Hall, Inc. c.2004 Matheny, N. and Clark, J. Evaluation of Hazard Trees in Urban Areas. Champaign, IL: Wadley Graphix Corp. c.1994
Smiley, E.T., Matheny, N., Lilly, S. Tree Risk Assessment – Best Management Practices, Champaign, ILL: International Society of Arboriculture c. 2011 Costello, L., Perry, E., & Matheny,N, Abiotic Disorders of Landscape Plants: A Diagnostic Guide Oakland, CA:UC/ANR Publications (Publication 3420) c.2003.
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Appendix G- TREE PROTECTION GUIDELINES AND RESTRICTIONS Protecting Trees During Construction:
1) Before the start of site work, equipment or materials move in, clearing, excavation, construction, or other work on the site, every tree to be retained shall be securely fenced- off as delineated in approved plans. Such fences shall remain continuously in place for the duration of the work undertaken in connection with the development. 2) If the proposed development, including any site work, will encroach upon the tree protection zone, special measures shall be utilized, as approved by the project arborist, to allow the roots to obtain necessary oxygen, water, and nutrients. 3) Underground trenching shall avoid the major support and absorbing tree roots of protected trees. If avoidance is impractical, hand excavation undertaken under the supervision of the project arborist may be required. Trenches shall be consolidated to service as many units as possible. Boring/tunneling under roots should be considered as an alternative to trenching.
4) Concrete or asphalt paving shall not be placed over the root zones of protected trees, unless otherwise permitted by the project arborist.
5) Artificial irrigation shall not occur within the root zone of native oaks, unless deemed appropriate on a temporary basis by the project arborist to improve tree vigor or mitigate root loss.
6) Compaction of the soil within the tree protection zone shall be avoided. 7) Any excavation, cutting, or filling of the existing ground surface within the tree protection zone shall be minimized and subject to such conditions as the project arborist may impose. Retaining walls shall likewise be designed, sited, and constructed to minimize their impact on protected trees.
8) Burning or use of equipment with an open flame near or within the tree protection zone shall be avoided. All brush, earth, and other debris shall be removed in a manner that prevents injury to the tree.
9) Oil, gas, chemicals, paints, cement, stucco or other substances that may be harmful to trees shall not be stored or dumped within the tree protection zone of any protected tree, or at any other location on the site from which such substances might enter the tree protection zone of a protected tree.
10) Construction materials shall not be stored within the tree protection zone of a protected tree.
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Project Arborist Duties and Inspection Schedule:
The project arborist is the person(s) responsible for carrying out technical tree inspections, assessment of tree health, structure and risk, arborist report preparation, consultation with designers and municipal planners, specifying tree protection measures, monitoring, progress reports and final inspection.
The Project Arborist must provide monthly tree protection monitoring inspections. During these inspections the Project Arborist should monitor the condition of the trees, verify the tree protection measures are in compliance, provide recommendations for any necessary maintenance and impact mitigation, and prepare monthly reports for City Arborist Review.
A qualified project arborist (or firm) should be designated and assigned to facilitate and insure tree preservation practices. He/she/they should perform the following inspections:
Inspection of site: Prior to equipment and materials move in, site work, demolition, landscape construction and tree removal: The project arborist will meet with the general contractor, architect / engineer, and owner or their representative to review tree preservation measures, designate tree removals, delineate the location of tree protection fencing, specify equipment access routes and materials storage areas, review the existing condition of trees and provide any necessary recommendations.
Inspection of site: During excavation or any activities that could affect trees: Inspect site during any activity within the Tree Protection Zones of preserved trees and any recommendations implemented. Assess any changes in the health of trees since last inspection.
Final Inspection of Site: Inspection of site following completion of construction. Inspect for tree health and make any necessary recommendations.
Kurt Fouts shall be the Project Arborist for this project. All scheduled inspections shall include a brief Tree Monitoring report, documenting activities and provided to the City Arborist.
Tree Protection Fencing
a. The tree protection shall be installed in compliance with the recommendations in the Arborist Report.
b. Then the Project Arborist should visit the property, verify that the protection measures are in compliance, take photos, and then prepare a brief verification letter for City Arborist review.
Tree Protection fencing shall be installed prior to the arrival of construction equipment or materials. Fence shall be comprised of six -foot chain link fence mounted on eight - foot tall, 1 and 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced on a minimum of 10-foot centers. Once established, the fence must remain undisturbed and be maintained throughout the construction process until final inspection.
A final inspection by the City Arborist at the end of the project will be required prior to removing any tree protection fencing.
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Tree Protection Signs
All sections of fencing should be clearly marked with signs stating that all areas within the fencing are Tree Protection Zones and that disturbance is prohibited.
Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.
The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.
Root Pruning
Root pruning shall be supervised by the project arborist. When roots over two inches in diameter are encountered they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.
Tree Work Standards and Qualifications
All tree work, removal, pruning, planting, shall be performed using industry standards of workmanship as established in the Best Management Practices of the International Society of Arboriculture (ISA) and the American National Standards Institute series, Safety Requirements in Arboriculture Operations ANSI Z133-2017, Contractor licensing and insurance coverage shall be verified.
During tree removal and clearance, sections of the Tree Protection Fencing may need to be temporarily dismantled to complete removal and pruning specifications. After each section is completed, the fencing is to be re-installed.
Trees to be removed shall be cut into smaller manageable pieces consistent with safe arboricultural practices, and carefully removed so as not to damage any surrounding trees or structures. The trees shall be cut down as close to grade as possible. Tree removal is to be performed by a qualified contractor with valid City Business/ State Licenses and General Liability and Workman’s Compensation insurance.
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Development Site Tree Health Care Measures
RECOMMENDED TO PROVIDE OPTIMUM GROWING CONDITIONS, PHYSIOLOGICAL
INVIGORATION AND STAMINA, FOR PROTECTION AND RECOVERY FROM CONSTRUCTION IMPACT.
Establish and maintain TPZ fencing, trunk and scaffold limb barriers for protection from mechanical damage, and other tree protection requirements as specified in the arborist report.
Project arborist to specify site-specific soil surface coverings (wood chip mulch or other) for prevention of soil compaction and loss of root aeration capacity.
Soil, water and drainage management is to follow the ISA BMP for "Managing Trees During Construction" and the ANSI Standard A300(Part 2)- 2011 Soil Management (a. Modification, b. 'Fertilization, c. Drainage.)
Fertilizer / soil amendment product(s) amounts and method of application to be specified by certified arborist.
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ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided by the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as the quality of any title.
2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others.
3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services.
4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation.
5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant.
6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser/consultant’s fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported.
7. Sketches. Diagrams. Graphs. Photos. Etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys.
8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture.
9. When applying any pesticide, fungicide, or herbicide, always follow label instructions.
10. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection.
CONSULTING ARBORIST DISCLOSURE STATEMENT
Arborists are tree specialists who use their education. Knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees, Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
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Addendum to:
ARBORIST REPORTTree Survey & Preliminary Impact Assessment 530, 542 & 548 Ocean Street
Santa Cruz, CA
APN:010-011-16, 31, 30
April 30, 2024
Addendum Date 5/25/2025
Prepared for:
Riaz Capital
2244 East 11th Street
Oakland, CA
Prepared by:
ISA Certified Arborist WE0681A
ISA Tree Risk Assessment Qualification (TRAQ)
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 1
Background
This addendum contains revisions to the preliminary construction impact assessment on trees surveyed in the arborist report dated 4/30/2024. Since that report, the proposed building footprint has been moved from one foot away from the property line, to three feet from the property line. On 5/15/2025, root exploration work was performed near the property line to determine the number, size, and location of roots from trees growing on the adjacent property, and close to the property line. Based on the root exploration information, I have identified changes to the anticipated root loss impacts of some trees. Additionally, the building footprint has been revised, and I have identified changes to the anticipated canopy loss impacts to some trees based on the revised footprint.
Because the impacts to some trees have been revised, the tree disposition recommendations have also been revised, and are discussed in the text below.
Summary
Based on the root exploration information, and revised building footprint location, the anticipated construction impacts to three Leland cypress trees will be reduced from high to moderate. In my report dated 4/30/2025, the trees were recommended for removal due to high construction impacts. Because the anticipated impacts to the three trees is now reduced to moderate, the trees can be retained. The three Leyland cypress trees include trees, T9, T10 and T11.
Table T1, shown below, has been updated. The Tree Assessment Chart spreadsheet, and Sheet T1, Tree Location Map, (attached), were also updated to reflect the revised anticipated construction impacts, and tree disposition.
Data Summary
Table 1 – All Surveyed Trees
General
Total Trees Inventoried Count
Total 13
Species 7
Regulated Trees
Heritage Trees
All trees > 14” trunk diameter 6
Tree Disposition Categories – All Trees
R.I. – Remove due to construction impacts 9
R.C. – Remove due to condition (poor condition) 0
R.T., I.M. - Retain tree. Preservable, low or moderate impacts that can be mitigated. 4
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 2
Root Exploration Description
An exploratory trench was dug to a depth of 24 inches, and 3 feet from the property line. The trench is opposite from three Leyland cypress trees, growing on the adjacent property, (Image #1).
Image #1 – The three Leyland cypress trees growing on the adjacent property. The soil pile from the hand digging excavation work can be seen in this image.
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 3
The trench was dug to discover the number, size, and location of significant roots that would need to be pruned for the new building foundation. No significant roots were found, (Image #2).
Image #2 – No significant roots from the 3 cypress trees were found. The 1/4” to 1/2” roots seen in this image are likely from the xyloma shrubs that were removed during the hand digging process.
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 4
At one end of the trench the hand digging went down to the bottom of the block wall footing.
This was done to determine the depth of the footing. The footing depth was 3 feet, (Image #3).
Image #3 – A tape measure was used to determine the depth of the footing.
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 5
Root Exploration Findings & Impact Assessment to Cypress Trees On 5/20/2025, I met with the City of Santa Cruz Urban Forester, Leslie Keedy, at the proposed project site at 530 Ocean Street , Santa Cruz. The purpose of our meeting was to document the root exploration information, and discuss the anticipated root loss and canopy loss impacts to the three Leyland cypress trees, the Incense cedar, and the walnut tree. All five of these trees are growing on properties adjacent to the proposed project. We also discussed the mitigation, (targeted clearance pruning), necessary to create space for the building construction.
Anticipated Root Loss to the Three Cypress Trees
Because the block wall footing extends to a depth of 3 feet, and since most roots of any tree are found in the upper 18” of the soil profile, I do not anticipate discovery of significant roots, (root 2” in diameter or >), when excavation occurs for the proposed building foundation. Therefore, the new building foundation will have minimal, or no effect, to the roots of the three cypresses.
Anticipated Canopy Loss to the Three Cypress Trees
The three cypress trees will require targeted clearance pruning to allow room for the building construction. Because the building footprint has been moved back from the previously proposed footprint, the canopy loss impacts to the trees will be reduced. I estimate between 25 -30% of the cypress trees canopy will need to be removed, and canopy losses will be within the trees tolerance.
Targeted clearance pruning of the three cypress trees, T9, T10 and T11, to achieve clearance for building construction will be necessary. The pruning shall be performed under direction of the project arborist. All pruning cuts shall be made to a live side branch. If no side branch is available, the cut shall be made at the parent stem/ or trunk. These cuts will require permission from the owner to allow trespass to make cuts at the trunk. If the owner of the cypress trees will not allow trespass to make a cut following proper arboricultural practices, the tree pruner shall make a stub cut at the property line.
It should be noted that stub cuts do not follow industry standards for proper pruning. However, stub cuts will not significantly harm the tree, and I noted many existing stub cuts present on the tree from past practices, (Images #4 & #5, page 6).
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 6
Image #4 – Tree T9, cypress. Note multiple stub cuts.
Image #5 – Trees T9, T10 and T11, cypress. Note multiple stub cuts on all trees.
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Addendum to Arborist Report 5/25/2025
530, 542 & 548, Ocean St., Santa Cruz Page 7
Observations & Discussion
During my site visit, I noted that the three cypress trees have multiple symtoms of cypress canker disease including, flagging, (scattered tip dieback), browning of needle bundles, and some branch bleeding, (Images #6 & #7).
Image #6 – Trees T9 and T10. Note flagging, (tip dieback), and browning needle bundles, circled.
Image #7 – Tree T10, cypress. Note tip dieback and browning needle bundles, (circled).
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Cypress canker is a disease common to this region, and these trees have a minor infection level at the time of this report. It should be noted that any pruning by the applicant is not the cause of this preexisting condition.
Construction Impact Assessment to Incense Cedar and Walnut Since the building footprint location has been revised, I reviewed the anticipated construction impacts to tree T12 Incense cedar and T13, walnut with Ms. Keedy.
The impacts to the Incense cedar, (high), and the walnut, (moderate), have not changed based on the new footprint.
We agreed that the cedar will suffer significant canopy loss beyond the trees tolerance, and it should be removed. The walnut will have some canopy loss, and possibly some root loss. Both losses will be within the walnut trees tolerance, and it can be retained.
Respectfully submitted,
Kurt Fouts ISA Certified Arborist WE0681A
ISA Tree Risk Assessment Qualification (TRAQ)
Attachments:
Revised Tree Assessment Chart
Revised Sheet T1, Tree Location Map
Tree Protection Specifications
Arborist Report Dated 4/30/2024
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Tree Protection Specifications
Whenever construction work includes soil disturbance near protected trees, the Project Arborist shall be contacted to supervise work. The arborist shall be given 48 hours’ notice for site visits. The Projects Arborist shall document work completed, tree condition, and address any areas of concern.
Demolition Phase:
1. Tree Protection Fencing - Install Tree Protection Fencing, in location indicated on Sheet T1, Tree Location Map after demolition of building adjacent to tree T13, walnut. If block wall adjacent to trees T9, T10 and T11, Leyland cypress is demolished, install tree protection fencing, , in location indicated on Sheet T1, Tree Location Map after demolition of wall. .
2. Clearance Pruning - Targeted clearance pruning of the three cypress trees, T9, T10 and T11, to achieve clearance for building construction will be necessary. The pruning shall be performed under direction of the project arborist. All pruning cuts shall be made to a live side branch. If no side branch is available, the cut shall be made at the parent stem/ or trunk. If the owner of the cypress trees will not allow trespass to make a cut following proper arboricultural practices, the tree pruner shall make a stub cut at the property line.
All pruning shall be performed using industry standards of workmanship as established in the Best Management Practices of the International Society of Arboriculture (ISA), and the American National Standards Institute, Safety Requirements in Arboriculture Operations ANSI Z133-2017. Contractor licensing and insurance coverage shall be verified. Any pruning necessary should be assessed by the contractor and project arborist prior to the start of construction.
Construction Phase:
1. Building Foundation – Excavation for the building foundation opposite Leyland cypress trees T9, T10 and T11, and walnut T13, shall be supervised by the Project Arborist. If any significant root, (roots 2” in diameter or greater), are found, they shall be cleanly pruned with a Sawzall or similar tool, under direction of the arborist. Pruned root ends shall be kept covered with moistened burlap until the exaction is backfilled and the roots are covered with soil.
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ARBORIST REPORTTree Survey &
Preliminary Impact Analysis
530, 542 & 548 Ocean Street
Santa Cruz, CA
APN:010-011-16, 31, 30
April 30, 2024
Prepared for:
Riaz Capital
2244 East 11th Street
Oakland, CA
Prepared by:
ISA Certified Arborist WE0681A
ISA Tree Risk Assessment Qualification (TRAQ)
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Table of Contents SUMMARY.................................................................................................................................. 1 Data Summary………………………………………………………………………………………...……….1
Background .................................................................................................................... 2 Assignment .................................................................................................................... 2 Limits of the Assignment................................................................................................ 2 Purpose and use of the report ....................................................................................... 2 Resources...................................................................................................................... 3 OBSERVATIONS....................................................................................................................4-7 DISCUSSION ............................................................................................................................. 8 Species List.................................................................................................................... 8 Tree Evaluation and Recording Methods ...................................................................... 8 Condition Rating ............................................................................................................ 9 Suitability for Preservation ............................................................................................. 9 Tree Protection Zone ...................................................................................................10 Critical Root Zone ........................................................................................................10 Root Disturbance Distance…………………………………………………………………11
Impacts to Heritage Trees ..…………………….....………………………………………12-15 Tree Removal and Replacement……………………………………………………….….16
Certificate of Performance…………………………………………...…………………………………..17 CONCLUSION …………………………….……………………………………………………………….……………….18 RECOMMENDATIONS…………………………………………………………………………………………………..18
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Attachments: Appendix A - H
Appendix A – Tree Assessment Chart
Appendix B – Criteria for Tree Assessment Chart
Appendix C - Sheet T1 - Tree Location Map
Appendix D- Glossary of Terms
Appendix E - City of Santa Cruz, Encroachment & Tree Permit Fees Appendix F – Bibliography
Appendix G - Tree Protection Guidelines & Restrictions
Protecting Trees During Construction
Project Arborist Duties & Inspection Schedule
Tree Protection Fencing
Tree Protection Signs
Monitoring
Root Pruning
Tree Work Standards & Qualifications
Appendix H - Assumptions & Limiting Conditions
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SUMMARY
This report provides the following information:
1. A summary of the health and structural condition of 13 trees.
2. A preliminary evaluation of anticipated construction impacts to the trees.
3. Recommendations for retention or removal of assessed trees based on their condition, construction impacts, and future uses.
A six story multi-family apartment building is proposed at 530, 542 and 548 Ocean Street, Santa Cruz. I surveyed six Heritage trees on the property, or with canopies that overhang the subject property. A Heritage tree is protected as defined by the City of Santa Cruz Ordinance.
The Heritage trees are in good or fair condition and are suitable for incorporation into the project.
One Heritage tree will have moderate construction impacts, can be incorporated into the project, and will require mitigation methods to reduce construction impacts. Five Heritage trees are in direct conflict with the project and their removal will be necessary to accommodate construction of the building.
This report assesses anticipated impacts to affected trees and is based on a preliminary site plan. Depending on revisions to the preliminary site plan, impacts to trees may change and will require reassessment. Once the final plan set is completed, a Tree Protection Plan will be required and shall be included with the final plan set.
The Tree Assessment Chart, Appendix A is the condensed reference guide to inform all tree management decisions for the trees evaluated.
Data Summary
Table 1 – All Surveyed Trees
General
Total Trees Inventoried Count
Total 13
Species 7
Regulated Trees
Heritage Trees
All trees > 14” trunk diameter 6
Tree Disposition Categories – All Trees
R.I. – Remove due to construction impacts 12
R.C. – Remove due to condition (poor condition) 0
R.T., I.M. - Retain tree. Preservable, low or moderate impacts that can be mitigated. 1
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Background
A preliminary plan set had been completed for a six story multi-family apartment building at 530, 542 and 548 Ocean Street, Santa Cruz. Riaz Capital requested my services to assess the condition of thirteen trees within or near the project limits, and the construction impacts that may affect them. Further, to provide a report with my findings, and recommendations to meet the City of Santa Cruz requirements.
Assignment
Provide an arborist report that includes an assessment of the trees within the project area. The assessment is to include the species, size (trunk diameter, height and canopy spread), condition (health and structure), and suitability for preservation ratings. Review preliminary development plans, assess potential impacts to trees, and provide recommendations for retention or removal.
To complete this assignment, the following services were performed:
Tree Survey, Assessment & Recommendations: Inventory, evaluate and make recommendations for subject trees.
Plan Review: Reviewed provided plans including Preapplication Plan Set, dated 2/28/2024, by Workbench, Architects.
Impact Assessment: Recommendations for retention or removal of assessed trees based on their condition, construction impacts, and future uses.
Limits of the Assignment
The information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection April 22, 2024.
The inspection is limited to visual examination of accessible items without climbing, dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the trees in question may not arise in the future.
Purpose and use of the report
The report is intended to provide a condition evaluation and management recommendations for the trees inventoried. This report is to be used by the applicant, their agents, and the City of Santa Cruz as a reference for existing tree conditions, and to help satisfy City of Santa Cruz planning requirements.
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Resources
All information within this report is based on site plans as of the date of this report. Resources are as follows:
Preapplication Plan Set, dated 2/28/2024, by Workbench, Architects. Site Visit, Tree Inventory & Condition Evaluation, 530, 542 and 548 Ocean Street, Santa Cruz, on 4/22/2024.
City of Santa Cruz Municipal Code – Chapter 9.56 Preservation of Heritage Trees (applicable sections).
City of Santa Cruz
9.56.040 HERITAGE TREE AND HERITAGE SHRUB DESIGNATION.
Any tree, grove of trees, shrub or group of shrubs, growing on public or private property within the city limits of the city of Santa Cruz which meet(s) the following criteria shall have the “heritage” designation:
(a) Any tree which has a trunk with a circumference of forty-four inches (approximately fourteen inches in diameter or more), measured at fifty-four inches above existing grade; (b) Any tree, grove of trees, shrub or group of shrubs which have historical significance, including but not limited to those which were/are:
(1) Planted as a commemorative;
(2) Planted during a particularly significant historical era; or (3) Marking the spot of an historical event.
(c) Any tree, grove of trees, shrub or group of shrubs which have horticultural significance, including but not limited to those which are:
(1) Unusually beautiful or distinctive;
(2) Old (determined by comparing the age of the tree or shrub in question with other trees or shrubs of its species within the city);
(3) Distinctive specimen in size or structure for its species (determined by comparing the tree or shrub to average trees and shrubs of its species within the city); (4) A rare or unusual species for the Santa Cruz area (to be determined by the number of similar trees of the same species within the city);
(5) Providing a valuable habitat; or
(6) Identified by the city council as having significant arboricultural value to the citizens of the city
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OBSERVATIONS
The project is located in a commercial area on Ocean Street between Soquel Avenue and Dakota Avenue in Santa Cruz. Branciforte Creek runs to the North of the project boundary. The proposed project area contains three parcels and four exisiting builidngs, (Image #1).
Image #1 – Project is located on Ocean Street, Santa Cruz. Approximate project boundaries are outlined in red.
I surveyed thirteen trees 6-inches or greater in diameter. Six trees surveyed are defined as Heritage trees according to the City of Santa Cruz ordinance. A Heritage Tree includes any species 14 inches in diameter or larger, measured at 4.5 feet above grade.
Three of the Heritage trees are palm trees growing in a landscape planter fronting Ocean Street.
The other three Heritage trees grow on properties adjacent to the project, have canopies overhanging the subject property, and include a cypress, a cedar and a walnut.
T3 T2 T1
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Three Heritage palm trees grow in a landscape planter fronting Ocean Street, (Image #2).
Image #2 – Heritage trees T3, queen palm and T5 & T6 fan palm. The other palm trees in the image have trunk diameters below protected size.
Tree T3, a 14.5” diameter semi-mature queen palm grows along the Ocean Street frontage. The palm has a full, dense canopy. The trunk is straight and the palm is stable. Overall the palm is in good condition.
Tree T5, a 19” fan palm and T6, a 22” fan palm grow opposite each other at the entrance walkway for 542 Ocean Street. The trees are of similar size, have dense full canopies, and some dead fronds in the lower canopy. Both palms are in good condition.
Three other queen palms in image #2 are below protected size. The three queen palms are in fair or good condition.
Two trees that are below protected size grow in landscape planters between 542 and 548 Ocean Street. The species includes one evergreen pear and one privet. The two trees are in fair condtion.
T3
T5
T6
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Five trees on the adjacent properties have canopies that overhang the project limits. (Image #3) Image #3 – Heritage trees T9, cypress, T12, cedar and T13, walnut grow on two adjacent lots and have canopies that overhang the subject property.
Three of the five trees are Heritage trees. They grow near the east property line, behind the existing businesses and are on adjacent properties. The three trees include T9, cypress, T12, incense cedar and T13, walnut.
Tree T9, a 16” cypress grows in a row with two other cypress. Most of the lower limbs on the bottom half of the tree have been removed. Canopy density in the upper half of the tree is normal. Some limbs grow beyond the canopy outline and are over extended.
Tree T9 and the other two cypress were most likely planted for screening purposes. Their branches intermingle so that the effect is a single canopy. Overall, the three trees are in fair condition.
T9
T12
T13
T11 T10
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Image #4 – Heritage trees T12, cypress, and T13 walnut. Note trunk lean towards subject property of tree T12, cedar.
Tree T12 is a mature 24” Incense cedar. The cedar has a 10 – 15 degree trunk lean towards the subject property, (Image #4). The tree grows in competition for sunlight and space with the adjacent walnut. Because of this competition, most of the brancing structure is on one side of the tree. This structure creates an unbalanaced canopy with a weight bias towards the subject property. The canopy density and color is normal for the species. Overall the trees health is fair with the structure rated fair to poor due to the one sided branching structure, unbalanced canopy, and trunk lean.
Tree T13 is a mature, 30” walnut. The canopy color and density is normal for the species. The tree was topped at about 35’ above grade and branches have resprouted at the locations the tree was topped. Some of these resprouted branches may have weak attachments and could be supseptible to breakage as they incease in length. Overall, the tree is in fair condition.
T12
T13
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DISCUSSION
Species List
Table 2 – Heritage Trees
HERITAGE TREES
Common Name Botanical Name Count
queen palm (Syagrus romanzoffiana) 1
fan palm (Washingtonia spp.) 2
Leyland cypress (x Hesperotropis leylandii) 1
incense cedar (Calocedrus decurrens) 1
walnut (Julgans spp.) 1
Total Heritage Tree Count 6
Table 3 – All Trees Inventoried
ALL TREES
7 species – A complete list can be found in Appendix A – Tree Assessment Chart Total Tree Count 13
Tree Evaluation and Recording Methods
Site evaluations were made on 3/27/2024. The inventory included all trees on the property or on adjacent properties with canopies overhanging the project limits. The health and structural condition of each tree was assessed and recorded. Based on the trees’ health and structural condition, each tree’s suitability for preservation was rated and recorded.
Appendix A - Tree Assessment Chart contains the tree survey data. Appendix B contains criteria used to assess and rate trees. To correlate the data in the Tree Assessment Chart to the tree’s location on the site, refer to Appendix C - Sheet T1- Tree Location Map.
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Condition Rating- Heritage Trees
A tree’s condition is determined by an assessing both the health and structure, then combining the two factors to reach a condition rating. The tree’s condition is rated as poor, fair, or good.
The quantity of trees assigned for each category (good, fair, or poor), is indicated below:
Tree Condition Rating
Good - 3
Fair - 3
Poor - 0
Suitability for Preservation- Heritage Trees
A tree’s suitability for preservation is determined based on its health, structure, age, species characteristics and longevity using a scale of good, fair, or poor. The quantity of trees assigned to each category (good, fair, or poor), is listed below.
Suitability Rating
Good - 3
Fair – 3
Poor - 0
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Tree Protection Zone
The tree protection zone (TPZ) is a defined area (radius from trunk), within which certain activities are prohibited or restricted to minimize potential injury to designated trees during construction.
The size of the optimal TPZ can be determined by a formula based on 1) trunk diameter 2) species tolerance to construction impacts, and 3) tree age (Matheny, N. and Clark, J 1998). In some instances, tree drip line is used as the TPZ. Development constraints can also influence the final size of the tree protection zone.
Fencing is installed to delineate the (TPZ), and to protect tree roots, trunk, and scaffold branches from construction equipment. The fenced protection area may be smaller than the optimal or designated TPZ area in some circumstances. Tree protection may also involve the armoring of the tree trunk and/or scaffold limbs with barriers to prevent mechanical damage from construction equipment. See Tree Protection Guidelines & Restrictions – Appendix E.
Once the TPZ is delineated and fenced (prior to any site work, equipment and materials move in), construction activities are only to be permitted within the TPZ if allowed for and specified by the project arborist.
Where tree protection fencing cannot be used, or as an additional protection from heavy equipment, tree wrap may be used. Wooden slats at least one inch thick are to be bound securely, edge to edge, around the trunk. A single layer or more of orange plastic construction fencing is to be wrapped and secured around the outside of the wooden slats. Major scaffold limbs may require protection as determined by the City arborist or Project arborist. Straw wattle may also be used as a trunk wrap and secured with orange plastic fencing.
Data has been entered in the Tree Assessment Chart – Appendix A, which indicates the optimal Tree Protection Zone for each tree.
Additional general tree protection guidelines are included in Tree Protection Guidelines & Restrictions – Appendix G.
Critical Root Zone
The CRZ is the biological limit of a tree’s capacity to recover from root loss. It is “the area of soil around a tree where the minimum number of roots that are biologically essential to the structural stability and health of the tree are located. There are no universally accepted methods to calculate the CRZ.” (Clark, Metheny, Smiley, et al, The Tree Protection Zone & the Critical Root Zone, 12/2021). The methods utilized to determine the Critical Root Zone are varied and can be based on professional guidelines and/or industry standards. Criteria such as trunk diameter, tree age and vigor, species tolerance, tree architecture and existing site constraints are commonly used criteria.
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Critical Root Zone, Continued:
Using this information, the arborist can find the distance from the trunk that should be protected per unit of trunk diameter. The CRZ does not always represent a radius around the tree. When necessary, the area can be offset or shaped in a manner that accepts tree canopy constraints or existing conditions.
For purposes of this report the CRZ is the minimum tolerable distance between the trunk, and excavation that requires root cutting. I have estimated it to be five times the trunk Diameter at Breast Height, (DBH is 4.5’ above grade). For example, if a tree has a one-foot trunk diameter, the CRZ extends to five feet from the trunk.
If encroachment into the CRZ or TPZ is required to retain the tree during development, the arborist must provide alternative construction methods or preconstruction treatments to reduce impacts.
Root Disturbance Distance
No one can estimate and predict with absolute certainty what distance from a tree, a soil disturbance such as excavation for construction should be, to ensure it will not significantly affect tree stability or health. Or to what degree, (low, moderate or high), a tree might be impacted. There are simply too many variables involved that we cannot see or anticipate.
However, three times the D.B.H. (diameter at breast height), is a widely accepted minimum used in the industry for root disturbance, on one side of the trunk, and is supported by several research studies including (Smiley, Fraedich & Hendrickson 2002, Bartlett Tree Research Laboratories). This distance is often used during the design and planning phases of a project in order to estimate root loss due to construction activities. This distance is a guideline only and should be increased for trees with significant leans, decay or other structural problems.
The ISA, International Society of Arboriculture- Root Management (2017) publication recommends, “cutting roots at a distance greater than six times the trunk diameter (DBH) minimizes the likelihood of affecting both health and stability. This recommendation is given further direction by the companion publication, A.N.S.I. (American National Standard) A300 (Part 8)- 2013 Root Management, when roots are cut in a non-selective manner, i.e. in a straight line on one side of a tree. It says, if the cutting is “within six times the trunk diameter (DBH), mitigation shall be recommended”. Further, A.N.S.I. recommends the “minimum distance from the trunk for root cutting should be adjusted according to trunk diameter, species tolerance to root loss, tree age, health and site condition”.
In general, root cutting that occurs at a distance less than ten times the diameter of a tree should be undertaken by hand digging and hand (or Sawzall), root pruning. These methods help mitigate root loss impacts.
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Construction Impacts to Heritage Trees
All Heritage trees within the project limits, including palm trees T3, queen palm, and T5 & T6, fan palm, will be in the building footprint and their removal will be necessary to accommodate the project.
The remaining Heritage trees surveyed grow on adjacent residential properties that front May Avenue. This includes tree T9 cypress, T11 incense cedar and T12, walnut. Construction impacts will affect both root loss and canopy loss for these trees. Impacts to the cypress and cedar will be high and impacts to the walnut will be moderate.
The proposed ground level setback is 1-foot 5 inches from the property line, and the adjacent lots containing Heritage trees T9, T11 & T12. Because the setback is 1-foot 5 inches from the property line, when excavation for the building foundation occurs, soil will be excavated at the property line.
Tree T9, a 16” cypress grows on the adjacent lot less than one foot from the property line, (Image #5). Excavation for the new building foundation will occur within the critical root zone of the tree, 1’ X 12” ÷ 16” trunk diameter = .75 X the trunk diameter. This linear cut across the dripline of one side of the tree exceeds the root loss tolerances for the cypress, and impacts would be high.
Several anchoring roots which stabilize the tree would be cut, increasing the risk of tree failure.
Image #5 – Heritage trees T9, T12 & T13, and distance to property line. Also shown is approximate canopy outline (green outline), that overhangs building envelope.
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Construction Impacts to Heritage Trees, Continued:
Image #6 – Cypress trees T9, T10 & T11, and extent of canopy overhang on subject property.
The canopy outline of cypress tree T9 overhangs the project limits by an average of 12-feet, (Image #6), and I estimate approximately 35% to 40% of the trees live canopy would need to be pruned for new building clearance. Because of these impacts, I recommend removal of this tree.
To retain this tree, excavation across the tree dripline should not occur closer than 4 feet. At 4 feet, root losses, with mitigation, would be within the trees tolerance. At 4-feet I estimate 25-35% of the trees canopy would need to be pruned, and the cypress could tolerate this level of pruning. Cypress trees T10 and T11 are below protected size, but since they are on adjacent property and not owned by the applicant, it should be noted that impacts for these two trees would be equivalent to those discussed for cypress tree, T9.
Tree T12, a mature, 24” incense cedar grows on the adjacent lot approximately 2.5 feet from the property line, (Image #5). Excavation for the new building foundation will occur within the critical root zone of the tree, 2.5’ X 12” ÷ 24” trunk diameter = 1.25 X the trunk diameter. This linear cut across the dripline of one side of the tree exceeds the root loss tolerances for the cedar, and impacts would be high. Several anchoring roots which stabilize the tree would be cut, increasing the risk of tree failure. The cedar has a 10 - 15-degree trunk lean which further compromises it’s stability if anchoring roots are cut close to the trunk.
T11 T10 T9
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Construction Impacts to Heritage Trees, Continued:
Image #7 – Trees T12, incense cedar, and T13, walnut, showing canopy overhang above subject property. An approximate amount of clearance pruning, (canopy removal cedar, red outline, and walnut, blue outline), that would be necessary to accommodate construction of the building is shown Because the cedar has a trunk lean towards the subject property, most of its branching structure over hangs the proposed building envelope, (Image #7). I estimate approximately 70 - 80% of the trees live canopy would need to be pruned for new building clearance. This species does not resprout on limbs that are stub cut. Since all growth is at the edges of the canopy on this tree, all clearance pruning cuts would leave stubs, and it is unlikely there would be any new regrowth after pruning. This amount of canopy loss would likely cause signinfcant decline, or tree mortality, as most of the trees energy reserves would be lost. Because of these impacts, I recommend removal of this tree.
For root loss impacts to be within tree T12 cedars tolerance, the building foundation would need to be a minimum of 6-feet from the tree. However, at 6-feet canopy losses would exceed the trees tolerance. Canopy loss is the limiting factor when estimating construction impacts for this tree, and it is difficult to estimate the minimum distance required between the cedar and the building. To retain this tree, I would estimate a range of 8-feet to 12-feet as the minimum distance between the cedar trunk and the building envelope.
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Impact Rating
Low - 0
Moderate – 1
High - 5
Mitigation Measures for Retained Trees
The trees retained on this project will require some or all of the following methods to protect them from the impacts described above and to minimize root loss during the construction phases.
Tree Protection Fencing
Hand trenching.
Supervised root pruning.
Applicant Requirements
1) After revisions are made to the preliminary plan set, A Tree Protection Plan will be required and shall be included with the final plan set. 2) A final inspection of the completed project by the Project Arborist is highly recommended. The inspection shall occur prior to removal of tree protection fencing and after all replacement trees have been installed.
Note: Any tree on site protected by the City Code will require replacement if it is damaged beyond repair as a result of construction activities.
Construction Impacts to Heritage Trees, Continued:
Tree T13 a, a mature, 30” walnut grows on the adjacent lot approximately 7.5 feet from the property line, (Image #5). Excavation for the new building foundation will occur within the critical root zone of the tree: 7.5’ X 12” ÷ 30” trunk diameter = 3 X the trunk diameter. With mitigation the walnut would suffer moderate root loss which it can tolerate, and the tree will need tree protection treatments to reduce root loss impacts. I estimate 15 - 20% of the trees live canopy would need to be pruned for new building clearance. This amount of canopy loss is within the trees tolerance.
Impact Level – Heritage Trees
Impact level rates the degree a tree may be impacted by construction ac tivity and is primarily determined by how close the cons truction procedures occur to the tree. Construction impacts are rated as low, moderate, and high. The quantity of trees assigned for each category (low, moderate, high), is indicated below:
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Tree Removal- Heritage Trees
Table 3 – Tree Disposition Categories – Heritage Trees
Tree Disposition Categories – Heritage Trees
R.I. – Remove due to construction impacts 5
R.C. – Remove due to condition (poor condition) 0
R.D. - Remove due to damage to structure 0
R.T., I.M. - Retain tree. Preservable, low or moderate impacts that can be mitigated.
1 Heritage Tree Removal and Replacement Trees
This report is a preliminary evaluation of construction impacts to trees. The final disposition of the Heritage trees will be determined after planning department review. If the tree removal recommendations in this report are approved, five Heritage trees will be removed. The trees recommended for removal include trees, T3 queen palm, T5 and T6, fan palm, T9 Leland cypress and T12, incense cedar. The trees most closely meet City of Santa Cruz Criterion 3:
“A Construction project design cannot be altered to accommodate existing heritage trees or shrubs”.
A Tree Permit Application will be required and if approved the applicant must fulfill a mitigation requirement:
Tree Replanting Requirement for each tree permitted for removal:
A) Replanting three (3) fifteen gallon (15 gallon), or
B) one twenty-four-inch (24”) box specimen tree
Applicants may elect to place a refundable $250.00 bond, (per tree), with the Parks and Recreation Department and replant their own tree(s); OR • Applicants may elect to pay an in-lieu fee to the tree trust fund of $1,859 per tree for off-site mitigation. (Contributions to the Tree Trust Fund are used to purchase street trees, trees for projects, etc.)
• If the $250.00 refundable bond is placed and the tree(s) are replanted, permittee must contact the City Urban Forester, 831-420-5246 after 3 months of establishment to have the $250.00 bond returned. Once the permit is issued there is a 10-day appeal period as required by ordinance before the permit becomes effective.
• If no appeal is filed, the permit is valid for 45 days. Aggrieved parties wishing to appeal the approval of a tree permit may submit a tree appeal application and $100 fee to the Parks and Recreation Department.
Applicants shall submit written statements or landscape plans to describe how they will fulfill the replacement tree requirements. The submissions shall include: (a) the replacement tree species, (b) the container size, (c) the planting location, and (d) an in-lieu fee payment, if applicable.
Replacement trees shall receive supplemental irrigation for a period of two years or until established. Install a 2-4-inch layer of wood chip mulch around the tree dripline of new trees, and all established trees. Keep mulch away from the trunk of newly planted trees. Keep mulch a minimum of 2-feet from the trunk of established tree.
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Certificate of Performance
I, Kurt Fouts, certify:
That I have personally inspected the tree(s) and/or the property referred to in this report and have stated my findings accurately to the best of my professional judgement. That I have no current interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. That the analysis, opinions and conclusions stated herein are my own, and were developed and prepared according to commonly accepted arboricultural practices. That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events.
That my analysis, opinions, and conclusions were developed, and this report has been prepared according to commonly accepted arboricultural practices. That no one provided significant professional assistance to the consultant, except as indicated within the report.
I further certify that I am an International Society of Arboriculture Certified Arborist and carry an International Society of Arboriculture Tree Risk Assessment Qualification. I have been involved in the practice of arboriculture and the care and study of trees for more than 20 years.
Signed:________________________ Date: ______________________ 4/30/2024
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Tree Survey & Impact Assessment 4/30/2024
530, 542 & 548 Ocean Avenue, Santa Cruz Page 18
CONCLUSION
A six story multi-family apartment building is proposed at 530, 542 and 548 Ocean Street, Santa Cruz. I surveyed six Heritage trees on the property, or with canopies that overhang the subject property. A Heritage tree is protected as defined by the City of Santa Cruz Ordinance.
The Heritage trees are in good or fair condition and are suitable for incorporation into the project.
One Heritage tree, T13, walnut, will have moderate construction impacts, can be incorporated into the project, and will require mitigation methods to reduce construction impacts.
Five Heritage trees including T3, queen palm, T5 and T6, fan palm, T9, Layland cypress, and T12, incense cedar, are in direct conflict with the project and their removal will be necessary to accommodate construction of the building. This report assesses anticipated impacts to affected trees and is based on a preliminary site plan. Depending on revisions to the preliminary site plan, impacts to trees may change and will require reassessment. Once the final plan set is completed, a Tree Protection Plan will be required and shall be included with the final plan set.
The Tree Assessment Chart, Appendix A is the condensed reference guide to inform all tree management decisions for the trees evaluated.
RECOMMENDATIONS
1. Obtain all necessary permits prior to removing or significantly altering any trees on site.
2. If the owners of trees on the adjacent lots agree to remove highly impacted trees, consider using the appraised value of the offsite trees as compensation.
Respectfully submitted,
Kurt Fouts ISA Certified Arborist WE0681
ISA Tree Risk Assessment Qualification (TRAQ)
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Tree # Species
Trunk
Diameter
@ 54
inches
a.g.
Heritage
Tree
Crown
Height &
Spread
(diameter)
Health
Rating
Structural
Rating Age
Suitability for
Preservation
(Based Upon
Condition &
Species)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating
& Description)
Retention
or Removal
Code
Comments
T1 evergreen pear
(Pyrus kawakamii ) 13.75 No 35'X35' Fair Fair
Semimature
Fair 15' High (In building
footprint) R.I. Strong trunk bow. Surface roots are lifting parking curb.
T2 glossy privet
(Ligustrum lucidum ) 6" No 10'X10' Good Fair
Semimature
Good 10' High (In building
footprint) R.I.
Poor: Trees in poor health and/or with poor structure that cannot be effectively abated with treatment
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
Suitability for Preservation Ratings: Disposition Category:
Good: Trees in good health and structural condition with potential for longevity on the site
RT: Retain Tree
RI: Remove Due to Construction Impacts
Fair: Trees in fair health and/or with structural defects that may be reduced with treatment procedures
I.M. Impacts Can Be Mitigated With Pre-Construction Treatments R.C. Remove Due to Condition
Protected Tree City of Santa Cruz Any tree 14 inches or greater in diameter measured at 4.5 feet above grade. Street trees regardless of size.
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Tree # Species
Trunk
Diameter @
54 inches
a.g.
Heritage
Tree
Crown
Height
(feet)&
Spread
(diameter
feet)
Health
Rating
Structural
Rating Age
Suitability for
Preservation
(Based Upon
Condition &
Species)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating &
Description)
Retention
or Removal
Code
Comments
T3
queen palm
(Syagrus
romanzoffiana )
14.5" Yes 35'X15' Good Good SemimatureGood 10' High (In building footprint) R.I.
T4 queen palm 11" No 60'x45' Good Good Semimature
Good 10' High (In building
footprint) R.I.
T5 fan palm
(Washingtonia spp .) 19" Yes 35'X10 Good Good Semimature Good 10' High (In building
footprint) R.I.
T6 fan palm 22" Yes 30'X10' Good Good Semimature
Good 10' High (In building
footprint) R.I.
T7 queen palm 11" No 30'X10' Fair Fair
Semimature
Fair 10' High (In building
footprint) R.I.
T8 queen palm 12" No 30'X10' Good Good Semimature
Good 10' High (In building
footprint) R.I.
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
43.321
Tree # Species
Trunk
Diameter @
54 inches
a.g.
Heritage
Tree
Crown
Height
(feet)&
Spread
(diameter
feet)
Health
Rating
Structural
Rating Age
Suitability for
Preservation
(Based Upon
Condition &
Species)
Tree
Protection
Zone (in
radius feet)
Construction
Impacts (Rating &
Description)
Retention
or Removal
Code
Comments
T9
Leyland cypress
(x Hesperotropis
leylandii)
16"
(Estimated) Yes 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Remove=al of
approximately 25-35% of canopy, including 6 ea. 3-6-inch diameter limbs is necessary to accommodate building.
T10 Leyland cypress 11"
(Estimated) No 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Removal of
approximately 25-35% of canopy, including 4 ea. 2-4-inch diameter limbs is necessary to accommodate building.
T11 Leyland cypress 13"
(Estimated) No 50'X15' Fair Fair
Semimature
Fair 15'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 2' from new building foundation. Needs
clearance pruning to accommodate project. Removal
approximately 25-35% of canopy, including 6 ea. 3-5-inch diameter limbs removed at trunk is necessary to
accommodate building.
T12 incense cedar
(Calocedrus decurrens)
24"
(Estimated) Yes 55'X15' Fair Fair-Poor Mature Fair 20'
High ( Canopy
Loss, clearance
pruning, Root Loss,
excavation)
R.I.
Approximately 3.5' from new building foundation. 10 - 15 degree trunk lean. Unbalanced canopy with weight bias
towards subject lot. All live growth is at outer edges of canopy. Needs clearance pruning to accommodate project.
Removal of approximately 65-75% of canopy is necessary to accommodate building.
T13
walnut
(Julgans spp .)
30"
(Estimated) Yes 50'X30' Fair Fair Mature Fair 20'
Moderate (Root
Loss, excavation,
Canopy Loss,
clearance pruning)
R.T., I.M.
Approximately 8.5' from new building foundation. Topped at 35' above grade. Needs clearance pruning to accommodate project. Removal of approximately 15-20% of canopy is
necessary to accommodate building.
Trees On Adjacent Properties
530, 542 & 548 Ocean Street, Santa Cruz
Tree Assessment Chart - Appendix A
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APPENDIX B – CRITERIAFORTREE ASSESSMENT CHART
Following is an explanation of the data used in the tree evaluations. The data is incorporated in the Tree Assessment Chart, Appendix A.
Trunk Diameter and Number of Trunks:
Trunk diameter as measured at 4.5 feet above grade. The number of trunks refers to a single or multiple trunked tree. Multiple trunks are measured at 4.5 feet above grade.
Health Ratings:
Good: A healthy, vigorous tree, reasonably free of signs and symptoms of disease Fair: Moderate vigor, moderate twig and small branch dieback, crown may be thinning and leaf color may be poor
Poor: Tree in severe decline, dieback of scaffold branches and/or trunk, most of foliage from epicormics
Structure Ratings:
Good: No significant structural defects. Growth habit and form typical of the species Fair: Moderate structural defects that might be mitigated with regular care Poor: Extensive structural defects that cannot be abated.
Relative Age:
I estimated tree age as young, semi-mature, mature, or over-mature.
Suitability for Preservation Ratings:
Rating factors:
Tree Health: Healthy vigorous trees are more tolerant of construction impacts such as root loss, grading, and soil compaction, then are less vigorous specimens.
Structural integrity: Preserved trees should be structurally sound and absent of defects or have defects that can be effectively reduced, especially near structures or high use areas.
Tree Age: Over mature trees have a reduced ability to tolerate construction impacts, generate new tissue and adjust to an altered environment. Young to maturing specimens are better able to respond to change.
Species response: There is a wide variation in the tolerance of individual tree species to construction impacts.
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Rating Scale:
Good: Trees in good health and structural condition with potential for longevity on the site Fair: Trees in fair health and/or with structural defects that may be reduced with treatment procedures.
Poor: Trees in poor health and/or with poor structure that cannot be effectively abated with treatment. Trees can be expected to decline or fail regardless of construction impacts or management . The species or individual may possess characteristics that are incompatible or undesirable in landscape settings or unsuited for the intended use of the site.
Construction Impacts:
Rating Scale:
High: Development elements proposed that are located within the Tree Protection Zone that would severely impact the health and /or stability of the tree. The tree impacts cannot be mitigated without design changes. The tree may be located within the building footprint.
Moderate: Development elements proposed that are located within the Tree Protection Zone that will impact the health and/or stability of the tree and can be mitigated with tree protection treatments.
Low: Development elements proposed that are located within or near the Tree Protection Zone that will have a minor impact on the health of the tree and can be mitigated with tree protection treatments.
None: Development elements will have no impact on the health and stability of the Tree.
Tree Protection Zone (TPZ):
Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, particularly during construction or development.
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542 OCEAN STREET
548 OCEAN STREET
530 OCEAN STREET
OCEAN STREET
BRANCIFORTE CREEK
H:\3871-000\ACAD\EXHIBITS\XB_BASE MAP.DWG
BASE MAP
ARTHAUS OCEAN
CITY OF SANTA CRUZ SANTA CRUZ COUNTY CALIFORNIA
SCALE: 1"=10' DATE: APRIL 5, 2024
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
.
.
.
.
.
. .
Tree Location Map
530, 542, 548 Ocean Street, Santa Cruz
Sheet T1
of one sheet
K.F.
4/30/2024
A.P.N. - 010
-011-16, 31
& 30
.
.
T12 INCENSE CEDAR
24"
T13 WALNUT
30"
T9 CYPRESS
16"
T10 CYPRESS
. .
11"
T11 CYPRESS
13"
T1 EVERGREEN PEAR
13.75"
T2 PRIVET
6"
.
T3 QUEEN PALM
14.5"
T4 QUEEN PALM
11"
T5 FAN PALM
19"
T6 FAN PALM
22"
T7 QUEEN PALM
11"
T8 QUEEN PALM
12"
X
X
X X
X
X
X X
X X X X.
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Glossary of Terms
Basal rot: decay of the lower trunk, trunk flare, or buttress roots.
Canker: Localized diseased area on stems, roots and branches. Often sunken and discolored.
Critical Root Zone (CRZ): Area of soil around a tree where a minimum number of roots considered critical to the structural stability or health of the tree are located. CRZ determination is sometimes based on the drip line or a multiple of the DBH, but because root growth can be asymmetric due to site conditions, on-site investigation may be required.
Codominant branches/stems: Forked branches (or trunks), nearly the same size in diameter, arising from a common junction and lacking a normal branch union, may have included bark.
Crown: Upper part of a tree, measured from the lowest branch, including all branches and foliage.
Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.
Diameter at breast height (DBH): Measurement of trunk diameter at 4.5 feet above grade.
Frass: Fecal material and/or wood shavings produced by insects.
Included Bark Attachments (crotches): Branch/limb or limb /trunk, or codominant trunks originating at acute angles from each other. Bark remains between such crotches, preventing the development of axillary wood. The inherent weakness of such attachments increases with time, through the pressure of opposing growth and increasing weight of wood and foliage, often resulting in failure.
Live Crown Ratio (LCR): Ratio of the the crown length (live foliage), to total tree height.
Scaffold branches: Permanent or structural branches that form the scaffold architecture or structure of a tree.
Suppressed: Trees that have been overtopped and occupy an understory position within a group or grove of trees. Suppressed trees often have poor structure.
Tree Protection Zones (TPZ): Defined area within which certain activities are prohibited of restricted to prevent or minimize potential injury to designated trees, especially during construction or development.
Trunk flare: Transition zone from trunk to roots where the trunk expands into the buttress or structural roots.
This Glossary of Terms was adapted from the Glossary of Arboricultural Terms (ISA, 2015)
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P:\PKAD\Registration Office\Fee Schedule\Fees PR Facilities – Effective Jan 08, 2024 Page 12 of 13
PARKS & RECREATION DEPARTMENT
SCHEDULE OF FEES
Effective Date 01/08/2024
EVENT PERMIT FEES
PERMIT TYPE
STANDARD RATE
DEPOSITS/ MISC FEES
SIMPLE COMPLEX
Film, Video & Photography* $305 $737 💰Deposit may be required for facility access cards or keys 🍷 $67 Alcohol Permit
⚡ $34 Access to Power
💵 Commercial Use Fee (10% Standard, 5% Nonprofits)
🎟 Admissions Tax (5% Standard)
Parking Lot fees may be prorated by Permit Officer. Listed fee is a maximum.
*Application fees for student film projects are waived if they are noncommercial in orientation and content.
Major Public Event $309 $617
Public Gathering & Expression No Charge
N/A
Street Performance No Charge
Neighborhood Block Party $140
Parks & Recreation Parking Lot Use $11/space/day
Street Closure $257/day
Fees above are per approved application and do not include other fees for additional required permits, facility fees, services or staff time.
ENCROACHMENT AND TREE PERMIT FEES
PERMIT TYPE STANDARD RATE DEPOSITS/MISC FEES
Encroachment-construction/research No Charge No fee for an application. Upon approval, an Encroachment Permit will be issued.
Emergency / Dead Tree Removal
Application No Charge
No fee for an Emergency or Dead tree removal application.
Upon approval, an Emergency or Dead Tree Permit will be issued.
Tree Permit Application $50 $20 for each additional tree listed on application. A 6% technology will also be applied.
Tree Mitigation Fees
Tree Bond
In-Lieu Fee
Street Trees:
In-Lieu Fee - less than 7” diameter
In-Lieu Fee - 7” and greater in diameter
$250
$1,859
$1,646
$1,859
Mitigation Fees are per tree.
For Replanting, permittee must contact the City Urban Forester, 831-420-5246 after 3 months of establishment to have the $250.00 bond returned.
In-Lieu fees support City Tree Trust Fund for off-site mitigation.
Street Tree In-Lieu Fee is based on size as noted by City Arborist/Urban Forester Tree Appeal $100 Filed with the Parks and Recreation Commission Secretary.
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BIBLIOGRAPHY
Matheny, N. and Clark, J. Trees & Development – A Technical Guide to Preservation of Trees During Land Development. Champaign, IL: International Society of Arboriculture c. 1998 Costello, L.R., Watson, G., Smiley E.T. Root Management – Best Management Practices, Champaign, ILL: International Society of Arboriculture c. 2017 ANSI Board of Standards Review. A.N.S.I. (American National Standard) A300 (Part 8)- 2013 Root Management
Harris, R.W., Clark, J.R. and Matheny, N.P. Arboriculture: Integrated management of landscape tree, shrubs, and vines. 4th ed. Upper Saddle River, NJ: Prentice-Hall, Inc. c.2004 Matheny, N. and Clark, J. Evaluation of Hazard Trees in Urban Areas. Champaign, IL: Wadley Graphix Corp. c.1994
Smiley, E.T., Matheny, N., Lilly, S. Tree Risk Assessment – Best Management Practices, Champaign, ILL: International Society of Arboriculture c. 2011 Costello, L., Perry, E., & Matheny,N, Abiotic Disorders of Landscape Plants: A Diagnostic Guide Oakland, CA:UC/ANR Publications (Publication 3420) c.2003.
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Appendix G- TREE PROTECTION GUIDELINES AND RESTRICTIONS Protecting Trees During Construction:
1) Before the start of site work, equipment or materials move in, clearing, excavation, construction, or other work on the site, every tree to be retained shall be securely fenced- off as delineated in approved plans. Such fences shall remain continuously in place for the duration of the work undertaken in connection with the development. 2) If the proposed development, including any site work, will encroach upon the tree protection zone, special measures shall be utilized, as approved by the project arborist, to allow the roots to obtain necessary oxygen, water, and nutrients. 3) Underground trenching shall avoid the major support and absorbing tree roots of protected trees. If avoidance is impractical, hand excavation undertaken under the supervision of the project arborist may be required. Trenches shall be consolidated to service as many units as possible. Boring/tunneling under roots should be considered as an alternative to trenching.
4) Concrete or asphalt paving shall not be placed over the root zones of protected trees, unless otherwise permitted by the project arborist.
5) Artificial irrigation shall not occur within the root zone of native oaks, unless deemed appropriate on a temporary basis by the project arborist to improve tree vigor or mitigate root loss.
6) Compaction of the soil within the tree protection zone shall be avoided. 7) Any excavation, cutting, or filling of the existing ground surface within the tree protection zone shall be minimized and subject to such conditions as the project arborist may impose. Retaining walls shall likewise be designed, sited, and constructed to minimize their impact on protected trees.
8) Burning or use of equipment with an open flame near or within the tree protection zone shall be avoided. All brush, earth, and other debris shall be removed in a manner that prevents injury to the tree.
9) Oil, gas, chemicals, paints, cement, stucco or other substances that may be harmful to trees shall not be stored or dumped within the tree protection zone of any protected tree, or at any other location on the site from which such substances might enter the tree protection zone of a protected tree.
10) Construction materials shall not be stored within the tree protection zone of a protected tree.
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Project Arborist Duties and Inspection Schedule:
The project arborist is the person(s) responsible for carrying out technical tree inspections, assessment of tree health, structure and risk, arborist report preparation, consultation with designers and municipal planners, specifying tree protection measures, monitoring, progress reports and final inspection.
The Project Arborist must provide monthly tree protection monitoring inspections. During these inspections the Project Arborist should monitor the condition of the trees, verify the tree protection measures are in compliance, provide recommendations for any necessary maintenance and impact mitigation, and prepare monthly reports for City Arborist Review.
A qualified project arborist (or firm) should be designated and assigned to facilitate and insure tree preservation practices. He/she/they should perform the following inspections:
Inspection of site: Prior to equipment and materials move in, site work, demolition, landscape construction and tree removal: The project arborist will meet with the general contractor, architect / engineer, and owner or their representative to review tree preservation measures, designate tree removals, delineate the location of tree protection fencing, specify equipment access routes and materials storage areas, review the existing condition of trees and provide any necessary recommendations.
Inspection of site: During excavation or any activities that could affect trees: Inspect site during any activity within the Tree Protection Zones of preserved trees and any recommendations implemented. Assess any changes in the health of trees since last inspection.
Final Inspection of Site: Inspection of site following completion of construction. Inspect for tree health and make any necessary recommendations.
Kurt Fouts shall be the Project Arborist for this project. All scheduled inspections shall include a brief Tree Monitoring report, documenting activities and provided to the City Arborist.
Tree Protection Fencing
a. The tree protection shall be installed in compliance with the recommendations in the Arborist Report.
b. Then the Project Arborist should visit the property, verify that the protection measures are in compliance, take photos, and then prepare a brief verification letter for City Arborist review.
Tree Protection fencing shall be installed prior to the arrival of construction equipment or materials. Fence shall be comprised of six -foot chain link fence mounted on eight - foot tall, 1 and 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced on a minimum of 10-foot centers. Once established, the fence must remain undisturbed and be maintained throughout the construction process until final inspection.
A final inspection by the City Arborist at the end of the project will be required prior to removing any tree protection fencing.
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Tree Protection Signs
All sections of fencing should be clearly marked with signs stating that all areas within the fencing are Tree Protection Zones and that disturbance is prohibited.
Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.
The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.
Root Pruning
Root pruning shall be supervised by the project arborist. When roots over two inches in diameter are encountered they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.
Tree Work Standards and Qualifications
All tree work, removal, pruning, planting, shall be performed using industry standards of workmanship as established in the Best Management Practices of the International Society of Arboriculture (ISA) and the American National Standards Institute series, Safety Requirements in Arboriculture Operations ANSI Z133-2017, Contractor licensing and insurance coverage shall be verified.
During tree removal and clearance, sections of the Tree Protection Fencing may need to be temporarily dismantled to complete removal and pruning specifications. After each section is completed, the fencing is to be re-installed.
Trees to be removed shall be cut into smaller manageable pieces consistent with safe arboricultural practices, and carefully removed so as not to damage any surrounding trees or structures. The trees shall be cut down as close to grade as possible. Tree removal is to be performed by a qualified contractor with valid City Business/ State Licenses and General Liability and Workman’s Compensation insurance.
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Development Site Tree Health Care Measures
RECOMMENDED TO PROVIDE OPTIMUM GROWING CONDITIONS, PHYSIOLOGICAL
INVIGORATION AND STAMINA, FOR PROTECTION AND RECOVERY FROM CONSTRUCTION IMPACT.
Establish and maintain TPZ fencing, trunk and scaffold limb barriers for protection from mechanical damage, and other tree protection requirements as specified in the arborist report.
Project arborist to specify site-specific soil surface coverings (wood chip mulch or other) for prevention of soil compaction and loss of root aeration capacity.
Soil, water and drainage management is to follow the ISA BMP for "Managing Trees During Construction" and the ANSI Standard A300(Part 2)- 2011 Soil Management (a. Modification, b. 'Fertilization, c. Drainage.)
Fertilizer / soil amendment product(s) amounts and method of application to be specified by certified arborist.
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ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided by the appraiser/consultant is assumed to be correct. No responsibility is assumed for matters legal in character nor is any opinion rendered as the quality of any title.
2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of information provided by others.
3. The appraiser/consultant shall not be required to give testimony or to attend court by reason of this appraisal unless subsequent written arrangements are made, including payment of an additional fee for services.
4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation.
5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person(s) to whom it is addressed without written consent of this appraiser/consultant.
6. This report and the values expressed herein represent the opinion of the appraiser/consultant, and the appraiser/consultant’s fee is in no way contingent upon the reporting of a specified value nor upon any finding to be reported.
7. Sketches. Diagrams. Graphs. Photos. Etc., in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys.
8. This report has been made in conformity with acceptable appraisal/evaluation/diagnostic reporting techniques and procedures, as recommended by the International Society of Arboriculture.
9. When applying any pesticide, fungicide, or herbicide, always follow label instructions.
10. No tree described in this report was climbed, unless otherwise stated. We cannot take responsibility for any defects which could only have been discovered by climbing. A full root collar inspection, consisting of excavating around the tree to uncover the root collar and major buttress roots, was not performed, unless otherwise stated. We cannot take responsibility for any root defects which could only have been discovered by such an inspection.
CONSULTING ARBORIST DISCLOSURE STATEMENT
Arborists are tree specialists who use their education. Knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce risk of living near trees, Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like medicine, cannot be guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
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PLANNING COMMISSION
AGENDA REPORT
DATE: April 25, 2025
AGENDA OF: May 1, 2025
ITEM NO: CP24-0071
District 2
530, 542, 548 Ocean Street
RECOMMENDATION: That the Planning Commission deny the appeal, upholding the Zoning Administrator acknowledgement of the environmental determination and approval of the Nonresidential Demolition Authorization Permit, Lot Line Adjustment, Watercourse
Development Permit, Design Permit, Heritage Tree Removal Permit, Density Bonus request, and Sign Permit, based on the Findings listed below and the attached Conditions of Approval in Exhibit “A” of the staff report.
PROJECT DATA
APN: 010-011-16, 010-011-31, 010-011-30
Property Owner/Applicant: Lisa Vilhauer, Riaz Capital
Application Type: Nonresidential Demolition Authorization Permit, Lot Line Adjustment, Watercourse Development Permit, Design Permit, Heritage Tree Removal Permit, Density Bonus Request, and Sign Permit to demolish four commercial buildings, combine three lots into one parcel, remove five heritage-sized trees, and construct a six-story mixed use building with 225 residential units and ground floor commercial area within the development setback area of a Category B Creek on property located in the C-C/FP-O
(Community Commercial / Floodplain Overlay) zone districts and within the Ocean Street Area Plan.
Zoning: C-C (Community Commercial), FP-O (Floodplain Overlay District) Project Consistency: Consistent with approval of permits and pursuant to State Density Bonus Law
General Plan: MXVC (Mixed-Use Visitor Commercial)
Project Consistency: Consistent with the General Plan designation with approval of permits and pursuant to State Density Bonus Law
Land Use
Existing: Four commercial buildings on three separate lots Proposed: Six-story 225-unit mixed-use building with ground floor commercial space and residential units above on one combined lot
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AGENDA REPORT
Planning Commission Meeting of May 1, 2025
SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 2
Surrounding: Branciforte Creek to the north, commercial and visitor-serving uses to the south and west, and residential uses to the east Lot Area: 32,062 square feet
Lot Dimensions: Approximately 277 feet x 120 feet
Coastal Review: No Coastal Permit Required (subject site located outside of the Coastal Zone)
Environmental Review: California Environmental Quality Act (CEQA) Guidelines Section 15332 (Categorical Exemption, Class 32, Infill Development Projects)
Planning Staff: Rina Zhou
PROJECT DESCRIPTION & BACKGROUND
The project site is located on the east
side of Ocean Street, between Dakota
and Soquel Avenues. Immediately
north of the project site is Branciforte
Creek. The project site is adjacent to
residential uses to the east, and
commercial, office, and visitor-serving
uses to the west and south. The subject
property is located within the C-C
(Community Commercial) zone district.
The project proposes to demolish four
existing commercial buildings,
combine the three lots into one parcel
and construct a six-story 225-unit
mixed-use building with a 3,394 square
foot ground floor commercial space
and 84 parking spaces. Out of the 225
units, 70 are apartment units and 155
are Flexible Density Units (FDUs).
The project is requesting a 100-percent
density bonus resulting in a mixed-use project with 225 residential units. This project requires the following entitlements:
• Nonresidential Demolition Authorization Permit to demolish three nonresidential buildings across the three lots since the structures are more than 50 years old; • Lot Line Adjustment to combine the three existing lots; Subject property
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• Watercourse Development Permit to construct the proposed building within the development setback area of the Branciforte Creek Reach 1 (Category B Creek) adjacent to the property;
• Design Permit for a multi-family residential development consisting of two or more units; • Heritage Tree Removal Permit to remove five Heritage-sized trees, three of which are on the subject property and the other two with tree canopies overhanging the subject property (permission needed from adjacent property owners – see below analysis); • Density Bonus request for a 100-percent Density Bonus and associated requested waivers and incentives/concessions; and
• Sign Permit to construct two non-commercial wall signs on the proposed building.
The project proposes to provide 17 very-low income units, 5 low-income units and 17 moderateincome units. This level of affordability meets the requirement for a 100-percent density bonus project. It also meets the City’s Inclusionary Ordinance requirement of 22 units (17 very-low income and 5 low-income units). The project is eligible to request three incentives/concessions because the applicant has provided at least fifteen percent of the total units to very-low income households.
On February 28, 2024, a Preliminary Review (CP24-0036) was submitted for the project and was deemed complete pursuant to the Housing Accountability Act. As a result, the proposed project became subject to only those local ordinances and policies in effect at the time of completeness and does not require conformance with any recently-adopted City ordinances. The project, however, is permitted to take advantage of any state laws that became effective at any time prior to entitlement if the laws are less restrictive than the local ordinance.
On August 26, 2024, a formal application (CP24-0071) was submitted. The proposed project submitted under the Preliminary Review differs from the formal application by less than twenty percent of the number of residential units and square footage of construction so the project continues to remain locked in to the local ordinances and policies in effect at the time of the completeness determination per Section 65941.1(c) of the Government Code.
The Zoning Administrator heard and approved this item on March 5, 2025 (See Attachment 6 – Zoning Administrator Minutes from March 5, 2025). Nine members of the public spoke at the meeting. Seven public comments opposed the project, citing concerns with parking, height of the building, concerns with the commercial space, privacy, safety, and security, shadowing of the building, timing of the Zoning Administrator hearing, and compatibility with the character of the neighborhood. Two spoke in support of the project. Additionally, 50 pieces of written correspondence on the project have been received by Planning staff during the duration of the project review.
On March 17, 2025, Eric Grabiel filed an appeal of the Zoning Administrator’s approval of the project.
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ANALYSIS
The March 5, 2025 Zoning Administrator Agenda Packet provides an in-depth analysis of the proposed project. This staff report addresses the issues raised in the appeal letter submitted by the appellant. The following summarizes each point made in the appeal (shown in bold text), followed by staff responses for each item. The appellant raises the following objections to the project in question:
The appellant claims that due process and procedural (sic) have not been followed: The project developer and city did not follow proper and adequate procedures to facilitate the participation of residents, citizen commissions, and other groups in local government decision-making, including but not limited to sections CC1.1 and CC1.2 in the 2030 General Plan and provisions contained within Santa Cruz Municipal Code.
In 2018, the City Council adopted a Community Outreach Policy for Planning Projects, which implements General Plan Policy CC1.1.1 which states:
Develop new forums to discuss controversial issues in advance of formal public hearings.
The policy includes a variety of outreach methods including community meetings, as well as noticing requirements based on project size to facilitate the participation of residents, citizen commissions, and other groups in local government decision-making (General Plan Policy CC1.1).
General Plan Policy CC1.1.2 seeks to ensure that City-sponsored events such as community meetings are adequately noticed:
Use public access television, radio, newspapers, and mailings to publicize public meetings and announce agendas, public hearing dates, and City-sponsored events (with Spanish language noticing where appropriate).
This development is defined as a “significant project” in the Community Outreach Policy and the City followed the proper procedures to facilitate the participation of the public in the development review process. In accordance with this policy, the City created a Significant Projects webpage to ensure that City information and meetings are accessible to all, which implements General Plan Policy CC1.2. This increases public access to information and involvement in City land-use decision-making processes by including key project information such as notices for upcoming meetings, plan sets, recordings of past community meetings and summaries of those meetings. A community meeting was required to be held early in the process, after the applicant submitted an SB330 Preliminary Review application, so that the public could provide feedback to the applicant while the project was still in the design phase. The community meeting was held in May 2024 and noticed with postcards sent out by the applicant, as well as a community meeting sign posted along the property frontage. The community meeting was recorded, and the recording along with all Q&A responses were posted to the project webpage. Notice signs were also posted along the property frontage on September 4, 2024 shortly after the application was formally submitted. The project webpage was updated each time the project was submitted and resubmitted with enotifications sent out to all those subscribed to the project webpage.
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The City followed all legal noticing requirements contained in Section 24.04.100 of the Zoning Ordinance for the public hearing scheduled on March 5, 2025. Since this project is defined as a significant project under the Community Outreach Policy for Planning Projects adopted by the City Council, the noticing radius included all properties located within 1,000 feet of the subject properties, which is the largest noticing requirement. (The radius for the notices was actually 1,010 feet to ensure that all properties within the 1,000 feet radius were captured.) The postcards for the public hearing were mailed on February 12, 2025, while the legal ad ran on February 15, 2025 in the Santa Cruz Sentinel. Both methods of noticing occurred more than 14 calendar days prior to the Zoning Administrator public hearing, exceeding the Zoning Ordinance requirement. The legal notice in the Santa Cruz Sentinel was a display ad, which is larger than a standard legal ad, and included a reference to the Significant Projects webpage link for more information. A large Notice Sign for the Zoning Administrator public hearing was also posted along the property frontage two weeks prior to March 5, 2025.
The appellant claims that the project does not meet the requirements under the California Environmental Quality Act (CEQA). The project, as approved with reduced parking due to the request under AB-2097, has not adequately analyzed or mitigated potential environmental impacts, such as:
• Traffic and Circulation: the environmental impact report (EIR) or negative declaration did not properly assess the impact of reduced parking on traffic congestion, safety, and air quality.
• The project, even with AB-2097, still conflicts with specific provisions of the city zoning code and 2030 General Plan related to community design, land use, and hazards/noise.
• Even with AB-2097’s limitations on parking requirements, the project fails to meet over zoning standards, such as height limits, setbacks, or density restrictions in a way that is legally permissible.
The project qualifies for a Class 32 Categorical Exemption (infill) under CEQA as more fully discussed in the Environmental Review section below; therefore, an Environmental Impact Report (EIR) or Negative Declaration is not required to be prepared. Assembly Bill 2097 precludes the City from requiring parking for certain development located within a half-mile of a major transit stop. The City implemented AB2097 by amending the Municipal Code. In particular, Section
24.12.220 exempts all development (except lodging uses) located within a half-mile of a major transit stop, as defined in State Law. As such, there is no parking requirement for the project and therefore no request to reduce parking requirements. Further, parking is not an impact that is reviewed under CEQA.
The appellant has not cited the specific provisions within the Zoning Code and 2030 General Plan related to community design, land use, and hazards/noise that they believe the project conflicts with, nor have they articulated how the project conflicts with said provisions. With that being said, the Zoning Administrator found that the project is consistent with the Zoning Ordinance, with the requested Density Bonus waivers and incentives/concessions, and the two variations requested through the Objective Design Standard process. The project is also consistent with the community design, land use and hazards/noise policies in the 2030 General Plan, as explained below:
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• Land Use Development Policy LU3.3.1 - Discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.
o The project as proposed is not in the form of a strip commercial development, but rather a clustered mixed-use development with commercial space on the ground floor and residential units above in one building along a transit corridor (Ocean Street). As such, this policy is met. • Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
• Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
o The proposed project is constructing a mixed-use development that exceeds the maximum density in the General Plan by making use of State Density Bonus Law as more fully discussed below.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Flexible density units (FDU) and Density bonus units.
o The project as proposed includes flexible density and density bonus units resulting in a project that exceeds the maximum density allowed in the General Plan per the base density plans provided.
• Land Use Development Policy LU4.1.1 – Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
o The proposed mixed-use project is located on Ocean Street, a primary transportation corridor, consistent with this policy.
• Land Use Development Policy LU4.1.3 – On major corridors, encourage mixeduse development, especially projects with priority for commercial uses that can provide services to the adjacent community.
o Ocean Street is a major corridor and the mixed-use development achieves this goal as it includes ground floor commercial space that meets the City’s objective design standards for public frontage.
• Community Design CD3.3 – Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
o This goal is met because the project proposes to merge three small parcels along Ocean Street into one parcel to support a mixed-use project designed to achieve pedestrian orientation.
• Community Design CD4.2.1 – Where possible, site buildings at the street frontage and place parking areas away from street corners and to the rear of buildings.
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o The building is sited at the Ocean Street frontage with parking located on the ground floor in a parking garage so as to not be visible from the street. • Community Design CD4.4 – Improve the building design and streetscape along the Ocean Street corridor to emphasize its role as a gateway. o The existing four commercial buildings will be demolished with one new six-story mixed-use building to be located on the subject property. Street trees will be planted with landscaping provided along the new 12- to 15- foot-wide sidewalk.
• Community Design CD5.1 – Create a well connected street and pedestrian network.
o The sidewalk in front of the subject properties will be improved and widened with bike parking available, which contributes to a well-connected pedestrian network.
• Hazards, Safety and Noise Policy HZ3.2.2 – Establish Ldn noise level targets of 65 dBA for outdoor activity areas in new multifamily residential developments. o The noise report submitted with the application projects the noise level exposure for the outdoor amenity space on the second-floor level to be 54 dBA Ldn (A-weighted day and night average decibel level) or less which complies with this policy.
• Hazards, Safety and Noise Policy HZ3.2.3 – Require that interior noise in all new multifamily housing not exceed an Ldn of 45 dBA with the windows and doors closed.
o The noise report provides recommendations for construction of the new mixed-use development to ensure that all new multi-family housing will not exceed an Ldn (day and night average sound level) of 45 dBA (A-weighted decibel level) with the windows and doors closed.
• Hazards, Safety and Noise Policy HZ6.4 – Avoid or reduce the potential for life loss, injury, and property and economic damage from flooding. o The property is located in the Federal Emergency Management Agency’s (FEMA) 100-year floodplain (AE flood zone). The site’s average elevation is 22.8’ and the current FEMA high water mark is 24.0’. The project proposes a finished ground floor elevation of 24.5’ and will further be designed in compliance with FEMA’s dry floodproofing requirements to ensure resilience against potential future flood events, consistent with this goal.
The appellant has not articulated how the project fails to meet other zoning standards in a way that is legally permissible. The specific zoning standards cited by the appellant in their appeal include height, setbacks and density. However, the applicant has requested waivers to these standards through Density Bonus Law. Provisions in State Density Bonus Law allow for development standards to be waived (i.e. “waivers”) that would physically preclude the project from being constructed at the density allowed. The City Attorney’s Office provided the following in response to a similar claim for a project on Seabright Avenue in 2020. In that instance, the developer requested a waiver to open space requirements in order to provide larger residential units. The City Attorney’s opinion was provided to the Planning Commission, as follows: “Section 65915(e)(1)
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does not authorize a city to require the developer to redesign the project so that the need to modify a development standard is eliminated thereby allowing the city to fully apply that development standard to the project. The court of appeal in Wollmer v. City of Berkeley (2011) 193 Cal. App. 4th 1329 made it clear that it is the density bonus project as proposed by the developer which determines the need for a development standard waiver/reduction. In Wollmer a density bonus project opponent argued that the city wrongfully allowed a series of development standard modifications when it could have required the developer to redesign the project to eliminate the need for development standard modifications. On this point the court, at pages 1346-1347 of its decision, stated:
Second, nothing in the statute requires the applicant to strip the project of amenities, such as an interior courtyard, that would require a waiver of development standards. Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period ... The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be a reason that the waiver is needed. Wollmer's argument goes nowhere. Had the City failed to grant the waiver and variances, such action would have had the effect of physically precluding the construction of the development meeting the criteria of the density bonus law. If the project were not built, it goes without saying that housing units for lower income households would not be built and the purpose of the density bonus law to encourage such development would not be achieved. The trial court properly interpreted the statute, and the City proceeded in the manner required by law in granting the waivers." (emphasis added)
With respect to the Seabright project, the size of the units and the number of bedrooms they offer are certainly amenities that the developer took into account in designing the proposed housing development. Accordingly, in our opinion, a court, applying the Wollmer rationale, would in all likelihood conclude that the applicant here is entitled to the requested modifications and cannot be compelled by the City to reduce project square footage or bedroom count so as to increase project open space to City standards.”
The Wollmer decision was further held in the Bankers Hill 150 v. City of San Diego (2022) case, in which case the Fourth Appellate District determined that density bonus projects are exempt by state law from standards such as setbacks, and that a local agency is “...obligated to waive those standards if they conflicted with the Project’s design...”. The court, citing the Wollmer case, rejected the opponents’ argument that the project could have complied with standards if it eliminated amenities, such as a project courtyard, claiming that “a city may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Rutan & Tucker LLP)
As applied to this project, the City cannot condition the applicant to redesign the project in order to meet the height, setback, or density requirements, as it would require a reduction of amenity space, unit size, or similar features that are protected as part of the project as proposed. As such, the project complies with the City’s Zoning Ordinance in a way that is legally permissible due to the State Density Bonus waivers requested that the City must approve.
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The appellant appeals that the developer has failed to meet the required burden of proof to justify the requested 15 density bonus waivers listed below. Under California Government Code Section 65915, waivers or concessions must be demonstrated as necessary to make the project economically feasible. This necessitates a very thorough and well-documented financial analysis, supported by substantial evidence.
The appellant also appeals the requested 15 density bonus waivers, asserting that the proposed deviations from development standards in the Santa Cruz Municipal Code (SCMC) and the 2030 General Plan, including the Ocean Street Area Plan, pose potential public health, safety and environmental problems under the California Environmental Quality Act (CEQA), in addition to the developer’s failure to meet the required burden of proof. Specific waivers are listed below.
The appellant has not articulated how the developer has failed to meet the required burden of proof to justify the requested 15 density bonus waivers. It is important to note, however, that State Density Bonus Law has different requirements for incentives/concessions and waivers.
Incentives/concessions are intended to lower the cost of the construction of housing in order to provide for the affordable housing units and are limited based on the number and affordability levels provided in the project. Unlike incentives and concessions, waivers are unlimited and their purpose is to remove development standards that have the effect of physically precluding the construction of the density bonus project. Per California Government Code Section 65915(e)(1), it states that “in no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section.” The applicant has provided justification for requesting the density bonus waivers and the Zoning Administrator staff report findings outline how compliance with the development standards would have the effect of physically precluding the construction of the development at the densities or with the incentives/concessions permitted. Density bonus waivers do not have anything to do with the financial feasibility of constructing the project.
As explained under the response to the arguments above, prior case law as applied to the project does not allow the City to deny the 15 requested waivers and require the applicant to redesign the project to meet those requirements, as it would require a reduction of amenity space, unit size, or similar features that are protected as part of the project as proposed.
In order to deny or reduce density of a housing development project, the local agency must find that the housing development project would have a specific, adverse impact upon public health or safety. With respect to the appellant’s claim, as defined and stated in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, “a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete”. As stated in this Government Code Section, inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. The appellant has not provided specific information regarding how the project has specific, adverse impacts on specific objective, identified written public health or safety standards, policies or conditions. Per State Law, the deviations from development standards in the
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Santa Cruz Municipal Code and 2030 General Plan, including the Ocean Street Area Plan do not pose any specific, adverse impact on objective, identified written public health or safety standards, policies or conditions and the waivers and incentives/concessions requested under State Density Bonus Law must be granted. The waivers that the applicant requested are similar in nature to other projects that have been submitted and approved by the City, as required by State Law.
The appellant appeals the approval of the Traffic Impact Study (TIS), citing critical deficiencies, and its implications for public safety and community well-being. Our objections are based on the following key points:
• Conflict with 2030 General Plan Transportation Policies: The project demonstrably conflicts with adopted policies, plans, and programs within the City’s General Plan that promote public transit, bicycle, and pedestrian facilities. The TIS fails to adequately assess and mitigate the project’s negative impact on these vital transportation modes, potentially decreasing their performance and compromising user safety.
• Inadequate Assessment of Site Design and Parking Capacity (Required as per AB2097 and SCMC 24.12.220.1.b). The TIS does not accurately evaluate the site design post-completion, particularly regarding parking and circulation capacity. This is a direct violation of AB2097, which mandates adequate parking and circulation to accommodate anticipated demand. The study’s failure to address this critical aspect undermines its credibility and the project’s viability. • Failure to meet CEQA Criteria (Emergency Access): The project’s design, as analyzed in the TIS, does not meet the requirements of the California Environmental Quality Act (CEQA).
• Violation of General Plan Emergency Response Policies (HZ1.2 and HZ1.5): The project’s design, as presented, directly violates the 2030 General Plan policies HZ1.2 and HZ1.5, which mandate rapid emergency response. The TIS does not demonstrate how emergency vehicles will efficiently access the site, jeopardizing the safety and well-being of future residents and the surrounding community.
The appellant does not cite specific alternative transportation-related sections or policies that conflict with the proposed project. The TIS submitted with the project application has been reviewed by the City Public Works Department with no concerns identified. The project is located in close proximity to public transit and includes improvements to the existing sidewalk by widening it to 15-feet along most of the frontage of the property except near the southern end of the site. A Density Bonus waiver was requested to reduce the width of the sidewalk along the southern end of the site so as to preclude the elimination of structural columns that support the housing units above. The applicant has maximized the width of the sidewalk in a manner that does not reduce the number of units, which continues to promote pedestrian activity. The applicant is also paying their fair-share cost of the extension of the bike pathway from May Street to Ocean Street, along the maintenance access road next to the creek, which promotes bicycle travel. The project provides the required number of Class 1 and Class 2 bike parking standards, designed in compliance with the Municipal Code. As such, the project promotes public transit, bicycle, and pedestrian facilities, other than those requirements modified through State Density Bonus Law.
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As discussed above, parking is not an impact that is reviewed under CEQA. AB2097 prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial (except lodging uses), or other development project that is located within a half-mile of a major transit stop, as defined. The City updated Municipal Code Section 24.12.220 to comply with AB2097. As such, no parking is required for the project. The parking and circulation proposed on site meets the City’s off-street parking design requirements, including back-out space, parking space dimensions, number of electric vehicle (EV) charging stations required, etc. Further, the project voluntarily provides 84 parking spaces, designed to meet the City’s parking space standards, while no parking is required.
The appellant has not provided any specific information regarding how the TIS specifically does not meet the requirements of CEQA. As more fully discussed below, the project qualifies for the Infill Categorical Exemption under CEQA, therefore emergency access was not analyzed as part of a CEQA document, such as a Negative Declaration or Environmental Impact Report. That said, the Fire Department reviewed the project plans for consistency with the Fire Code which includes, among other things, requirements for emergency access, that must be met in order for the Fire Department to approve plans. Based on the Fire Department review, the project meets the Fire Code requirements for emergency access, which supports the policies in the General Plan. As part of the City’s typical process, when the building permit is submitted, the Fire Department will review the construction drawings to ensure that the Fire Code requirements continue to be met.
The appellant appeals the Environmental Review for the Class 32 categorical exemption under CEQA Guidelines Section 15332, infill exemption for not meeting public health and safety problems under criteria (a) and (d) below:
• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;
• Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The project, which includes the requested waivers, incentive/concessions requested under State Density Bonus Law, and the two variations requested through the Objective Design Standards process, is consistent with the General Plan designation and Zoning Ordinance. The requested variations meet the intent of the stated goal of the Objective Design Standard and thus is considered as meeting the zoning regulations. California Government Code Section 65589.5(j)(4) states that a project shall not be considered inconsistent with applicable zoning standards if it meets the General Plan density. California Government Code Section 65589.5(j)(3) also states that the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project inconsistent or not in compliance with an applicable plan, program, policy, ordinance, standard, or requirement. As such, requested density bonus waivers and incentives/concessions to modify or waive zoning requirements do not make the project inconsistent with applicable general plan designation and policies and zoning designation and regulations.
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The project would not result in significant impacts related to traffic, noise, air quality or water quality. The City requires a Traffic Impact Study (TIS) to be prepared for any project that is estimated to generate 50 or more vehicle trips during the PM peak hour to determine potential traffic impacts that may be associated with a project and to provide a nexus for offsite improvements to mitigate the impacts. A Traffic Impact Study prepared by W-Trans dated August 15, 2024 was submitted. The report concludes that the project would result in a less-thansignificant transportation impact on vehicle miles travelled (VMT) since the retail space is smaller than 50,000 square feet in size and the VMT per capita for residential uses is 15-percent below the countywide average and the project as proposed would not conflict with any City policies on pedestrian, bicycle, or transit facilities. The traffic study provides recommendations for offsite improvements to maintain adequate sight distance at the project driveway that have been included as conditions of approval. This project was also reviewed using the City of Santa Cruz SB743 Guidelines. This project is assumed to have a less-than-significant VMT impact using the map based screening criteria (page 4 of the SB743 Guidelines).
Plans and documents submitted for Building Permits are required to demonstrate compliance with all applicable Building Code requirements concerning noise. Any noise that may occur as a result of construction are temporary; and once constructed, the resulting building will not cause any noise that would make the environment less desirable. The project is also required to conform to the City’s Noise Ordinance. A noise report was also submitted that discusses the potential impacts on the project and includes recommendations to achieve compliance with the City’s noise standards.
The proposed project is projected to meet City of Santa Cruz noise level standards with specific design recommendations incorporated into the new residential building portions of the project.
Based upon conclusions reached in an air quality analysis contained in the recently certified Environmental Impact Report for the project at 908 Ocean Street which contained a greater number of units (389), the project would not result in any significant impacts from operational emissions (i.e. mobile sources burning of fossil fuels in cars, energy sources from heating and cooling, and area sources from landscape equipment and household products) as the project would not exceed Monterey Bay Air Resources District’s operational thresholds. With respect to air quality impacts during construction, the standard condition of approval applied to multi-family residential and mixed use projects has been included to require that all diesel-fueled off-road equipment greater than 75 horsepower shall be zero-emissions or equipped with California Air Resources Board (CARB) Tier 4 Final or Interim compliant engines; alternatively, CARB Tier 2 or 3 compliant engines may be used if CARB Level 3 Verified Diesel Emissions Control Strategy (VDECS) filters are added to each piece of off-road diesel-fueled equipment. Construction impacts are temporary and once constructed, the resulting building will not cause any air quality issues that would make the environment less desirable.
The project is consistent with City regulations and requirements regarding stormwater management for construction and operation, and the project would not result in significant impacts to water quality. Therefore, the project meets the criteria set forth in subdivision (d) of section 15332 as no significant impacts have been identified related to traffic, noise, air quality or water quality.
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The appellant appeals the Design Permit, Section 24.08.426 for not meeting the Ocean Street Area Plan and 2030 General Plan for community design, land use, and mobility, including but not limited to the following goals and code:
Staff is not sure what other goals and code that the appellant is referencing when “not limited to” is used, however based on the goals and code that were provided, the project as proposed does meet the following goals and code:
• CD2.1.3: Develop design guidelines as needed to address the visual transition between areas of higher density and/or intensified development (i.e., along corridors such as Water and Soquel Streets) and adjacent existing developed neighborhoods with less intense development.
o Staff response: The City has adopted design guidelines in the form of Objective Design Standards. The Ocean Street Area Plan was also created specific to the neighborhood that this project is proposed in. The Objective Design Standards and Ocean Street Area Plan in fact, address visual transitions between areas of higher density and/or intensified development, such as along corridors like Ocean Street, and adjacent existing developed neighborhoods with less intense development.
However, with State Density Bonus Law, which the project has invoked, the applicant can request waivers from development standards, such as height limits, setbacks, neighborhood transition plane, and other objective design standards that would otherwise physically preclude construction of the housing project with the density bonus units included. As explained above, the City must approve these waivers per State Law.
• CD2.1.4: As part of the Zoning Ordinance amendment to establish mixed use districts, establish development standards to ensure that siting, massing, height, and scale of infill and intensified development are sensitive to existing neighborhood and business districts.
o Staff response: The City has adopted design guidelines in the form of Objective Design Standards. State Law requires that the City can only evaluate design based on objective standards, and impacts related to compatibility, design, massing, and scale have been addressed through the City’s Objective Design Standards. With that being said, the applicant can modify/waive the Objective Design Standards through State Density Bonus Law, such as height limits, setbacks, neighborhood transition plane, and other objective design standards that would otherwise physically preclude construction of the housing project with the density bonus units included. As explained above, the City must approve these waivers per State Law. • CD-O1.2 – Require all proposed development to follow the Design Standards and Guidelines in this Area Plan.
o Staff response: State Density Bonus Law, the Housing Accountability Act and the Housing Crisis Act, only allow local jurisdictions to apply objective standards to the proposed project. Objective standards can also be waived as requested through State Density Bonus waivers or incentives/concessions, as explained above. As
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such, the project follows and complies with the Objective Design Standards that are not waived/modified by Density Bonus Law and the two variations approved through the Objective Design Standard variation process, as explained in the staff report for the Zoning Administrator hearing.
• CD-O2.3 – Require new development to minimize impacts relating to parking, loading, traffic, noise, mechanical equipment, and lighting on adjacent residential neighborhoods to the greatest extent possible.
o Staff Response: The project is not required to provide any parking or loading spaces per the Municipal Code and AB2097, as explained above. However, the project is voluntarily providing 84 parking spaces on site. There is also an existing permit parking program on May Avenue which would exclude excess parking from impacting members of the May Avenue parking district. A Traffic Impact Study prepared by W-Trans dated August 15, 2024 was submitted. The report concludes that the project would result in a less-than-significant transportation impact on VMT since the retail space is smaller than 50,000 square feet in size and the VMT per capita for residential uses is 15 percent below the countywide average and the project as proposed would not conflict with any City policies on pedestrian, bicycle, or transit facilities. The traffic study provides recommendations for offsite improvements to maintain adequate sight distance at the project driveway that have been included as conditions of approval. This project was also reviewed using the City of Santa Cruz SB743 Guidelines. This project is assumed to have a less-thansignificant VMT impact using the map based screening criteria (page 4 of the SB743 Guidelines). Any noise that may occur as a result of construction is temporary; and once constructed, the resulting building will not cause any noise that would make the environment less desirable. The project must also comply with the City’s Noise Ordinance. The proposed rooftop mechanical equipment is screened from view. The lighting proposed on the building must also meet the Objective Design Standards in terms of kelvins and lumens as to not produce offsite glare. There are also conditions of approval regarding lighting to minimize impacts on adjacent residential neighborhoods to the greatest extent possible. • CD-O3.1 – Encourage development that provides wider sidewalks, outdoor seating or displays, and other features that improve the pedestrian environment on Ocean Street.
o Staff Response: This is not an objective standard, it is a recommendation/policy that is encouraged but not required. With that being said, the project will provide wider sidewalks than what is currently existing along the property frontages.
Specifically, a 12-foot to 15-foot wide sidewalk along the entire frontage will be constructed, with a slight decrease in sidewalk width along a small portion of the frontage requested through a density bonus waiver, which the City must grant as explained above. The applicant is also planting landscape and providing benches along the sidewalk/frontage to improve the pedestrian environment. As such, this policy is met.
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 15
The appellant appeals the Heritage Tree Removal Permit, Section 9.56.060 due to a public health, safety, and environmental problem it will cause to neighboring residents that abut the project.
The appeal does not articulate how the removal of the heritage trees will violate any identified written public health and safety standards that would require the permit to be denied. There are replacement tree requirements for heritage tree removal. An arborist report was submitted by the applicant that discusses and provides recommendations for removal of the heritage trees located on or adjacent to the subject property and also provides recommendations to minimize impacts to the heritage trees on adjacent properties.
Regarding the three Heritage-sized trees located adjacent to the subject property, early on in the process, the applicant had discussions with the previous property owner of APN 010-011-03 regarding tree removal. Since the adjacent property ownership changed hands, the City has recently been made aware that the new property owner (the appellant) has expressed concerns with tree removal on their property. In response, the applicant is currently working with the project arborist to provide supplemental information regarding the adjacent heritage-sized trees. The project arborist is investigating the root structure of the adjacent heritage-sized cypress tree in further detail to determine whether any significant roots are growing onto the subject property and whether those roots would be impacted by the proposed development. If there are no impacts to significant roots, then the heritage-sized cypress tree can be preserved without requiring a redesign of the proposed development. The applicant is also considering a revised design change that would consolidate some of the modulation along the rear of the property so that for the length of the area near and around the heritage-sized cypress tree, the building would be setback approximately 3 feet from the rear property line on the ground floor, which is expected to provide enough space to preserve the heritage-sized cypress tree. The proposed design change could result in the design no longer conforming to the building modulation objective design standard along the rear façade, which could be addressed as either a waiver or an incentive/concession. The applicant may present more information regarding this at the Planning Commission hearing. As a result of the additional information provided regarding the adjacent heritage-sized trees and the ongoing work that the applicant and project arborist are continuing to do, staff worked with the City Attorney to provide clarification in the conditions of approval regarding the adjacent trees and the applicant’s options for moving forward depending on whether the adjacent heritage trees can be removed. One of the three Heritage-sized trees located on adjacent properties (Walnut tree) can be incorporated into the project. The other two Heritage trees (Layland Cypress and Incense Cedar) located on adjacent properties can be removed with written consent of the adjacent property owner(s) expressly authorizing removal or irreversible damage to the affected heritage tree(s). If such consent is not obtained, the applicant shall (1) revise the project plans to avoid irreparable damage and/or death to the heritage trees to the satisfaction of the City Arborist, or (2) provide evidence that pursuant to a court order or judicial decree, that they are entitled as a matter of law to remove encroaching roots and/or branches up to the property line. In accordance with the replacement tree requirements, either one 24-inch box sized tree or three 15-gallon trees shall be paid for and planted by the project applicant for each Heritage tree removed. This condition is intended to ensure compliance with applicable laws governing private property and tree protection, and to prevent unauthorized removal or harm to trees located on property not owned or controlled by the applicant or the City.
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AGENDA REPORT
Planning Commission Meeting of May 1, 2025
SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 16
Condition of Approval #15 will be modified to read the following:
Five Heritage-sized trees will be removed with the project, if written consent of the adjacent property owner(s) expressly authorizing removal or irreversible damage to the affected heritage tree(s) on adjacent properties APN 010-011-03 and 010-011-02 is provided by the project applicant to remove the Heritage-sized tree(s) located on the adjacent properties. In accordance with the replacement tree requirements, either one 24-inch box sized tree or three 15-gallon trees shall be paid for and planted by the project applicant for each heritage tree removed.
If such consent is not obtained, the applicant shall (1) revise the project plans to avoid irreparable damage and/or death to the heritage trees to the satisfaction of the City Arborist, or (2) provide evidence that pursuant to a court order or judicial decree, that they are entitled as a matter of law to remove encroaching roots and/or branches up to the property line. This condition is intended to ensure compliance with applicable laws governing private property and tree protection, and to prevent unauthorized removal or harm to trees located on property not owned or controlled by the applicant or City.
Condition of Approval #39 will be modified to read the following:
Prior to building permit issuance, a tree protection plan is required to be submitted for the proposed project, including the one Heritage-sized Walnut tree, one Heritage-sized Layland Cypress tree, and one Heritage-sized Incense Cedar tree to be incorporated into the project, if the adjacent property owners do not authorize the trees to be removed and the applicant revises the project plans as recommended in the Arborist Report prepared by Kurt Fouts and dated 04/30/2024.
Appeal to Variation #1: SCMC 24.12.185.5.c. due to public health and safety problems under CEQA and including but not limited to sections CC7.2 Maintain Community Oriented Policing in the 2030 General Plan.
SCMC 24.12.185.5.c. states that regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.
The Branciforte Creek multi-use path runs adject to Branciforte Creek. Many portions of the trail are paved, facilitating active transportation through the Ocean Street area of Santa Cruz. The trail is unpaved along the subject property’s northern property line. The General Plan, Climate Action Plan, Municipal Code, the Ocean Street Area Plan, and the Active Transportation Plan all include policies supporting the improvement/continuation of the Branciforte Creek Trail. Instead of providing the bike path connection as part of this project, the Zoning Administrator approved a variation to this objective design standard that allows the applicant to be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 17
access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian and bicycle access. Further, since the site upon which the bike path connection is located is under public ownership and numerous policies in multiple planning documents support its completion, the improvement is more likely to occur in the near future, meeting the intent of the stated goal of the Objective Design Standard.
The appeal does not specify how approval of this variation is a public health and safety problem.
It is not a CEQA issue, but rather a Zoning Ordinance matter.
General Plan Goal CC7.2 seeks to maintain community oriented policing and includes a number of policies which include maintaining the Community Service Officer Program, seeking ways to reduce police service demands through land use planning and project design, working with the Planning Department to develop site and building design guidelines that create defensible space in residential, industrial, commercial, and recreational areas. It is not clear how the project does not meet these policies. A gate will be maintained on the new pathway (not under review as part of this project) once constructed. There will need to be some sort of emergency access to exit the pathway (ie. an emergency push bar to allow exit from the pathway), but the gate will be maintained and locked at night as is currently the case.
The appellant appeals the Condition of Approval Number 68 that was stricken as the developer Riaz Capital has failed to meet the required burden of proof to justify the request and it does not align with 2030 General Plan.
• Prior to final inspection of the building permit, the applicant shall provide evidence indicating that a contract has been entered into with Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents. This contract and/or subsequent contracts covering renewal shall remain in place for the life of the project, unless otherwise approved by the City.
The applicant provided the City with an explanation of their request for the above-noted incentive/concession, consistent with State Density Bonus Law. The applicant advised that meeting the requirement of providing METRO passes to all residents in the building would render the project infeasible due to the additional $250,000 it would cost each year. As such, granting the applicant this incentive/concession clearly results in identifiable and actual cost reduction to facilitate affordable housing costs so the City is obligated to approve this incentive/concession under State Density Bonus law. As explained above, waivers and incentives/concessions that modify/waive zoning requirements approved through State Density Bonus Law do not make the project inconsistent with the General Plan or Zoning Ordinance. As such, the project continues to comply with the goals in the 2030 General Plan.
ENVIRONMENTAL REVIEW
The Class 32 categorical exemption applies to a proposed project fulfilling the following criteria:
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 18
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
The proposed project complies with all of the foregoing criteria and demonstrates eligibility for a Class 32 Categorical Exemption as afforded by CEQA. The application exhibits consistency with General Plan and Zoning designations, policies, and regulations, with a project site comprising 32,062 square feet (.736 acres) in size, below the maximum threshold of five (5) acres, located within city limits and surrounded by existing residential and commercial urban uses. As a previously-developed urban infill site, the subject lot holds no value as habitat for endangered, rare, or threatened species, with none known to exist on the site; development of the project would not result in any significant impact relating to traffic, noise, air quality or water quality as supported by the submitted information; and the site can be adequately served by all required utilities and public services. Therefore, the proposal qualifies for the Categorical Exemption found in CEQA Guidelines Section 15332, infill exemption.
None of the exceptions to the exemptions under Section 15300.2 apply to the project in that the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.
SUMMARY
In summary, the assertions presented in the appeal are generally unsubstantiated and/or irrelevant to the project, and staff continues to support the project as designed subject to the below findings and conditions approved by the Zoning Administrator, with the modification of two conditions of approval to address Heritage tree removal or preservation on adjacent properties.
The project is consistent with the General Plan and meets all the applicable required objective development standards except as modified by variations, density bonus waivers and concessions.
As such, the City is limited in its discretion, especially when it involves reducing density or denying a housing development project under the Housing Accountability Act. The number of affordable units meets density bonus and Inclusionary Housing Ordinance requirements. Staff recommends that the Planning Commission deny the appeal, upholding the Zoning Administrator approval of the Nonresidential Demolition Authorization Permit, Lot Line Adjustment, Watercourse Development Permit, Design Permit, Heritage Tree Removal Permit, Density Bonus
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Planning Commission Meeting of May 1, 2025
SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 19
request, and Sign Permit based on the Findings listed below and the Attached Conditions of Approval.
FINDINGS
Nonresidential Demolition Authorization Permit, Section 24.08.1230.3
1. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.
A Historic Report was prepared for 530 Ocean Street by historian Edward Yarbrough of Yarbrough Architectural Resources regarding the existing buildings and history of the property.
The two buildings on 530 Ocean St were built in 1936 as residences, and repurposed as commercial rental buildings in the mid-20th century with significant exterior alterations to the building fronting Ocean Street. A DPR-523 Form was prepared by Connor Turnbull for 548 Ocean Street. The building on 548 Ocean Street was constructed in 1963 for a physical therapy practice, with a significant remodel and addition occurring in 1983. The reports find that the subject properties do not display a level of historical significance or integrity that would qualify it for listing as a historic resource on the National Register of Historic Places, the California Register of Historical Places, or the City of Santa Cruz Historic Building Survey. The sites are not associated with any important historic events or patterns of history, are not associated with any historic people, and the architecture of the buildings are not notable and contain almost no character-defining features. Thus, the structures are not eligible for listing on the City Historic Building Survey.
The building at 542 Ocean Street was built in 1991. As such, it is less than fifty years old and does not require a nonresidential demolition authorization permit.
2. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.
The proposed mixed-use project is being approved concurrently with the approval to demolish the subject buildings.
3. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.
This finding is not applicable as the properties have been determined to not be eligible for listing.
4. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 20
in accordance with the California Environmental Quality Act, and the zoning administrator can make a finding of overriding consideration that the replacement project will have public benefits which will outweigh the impact of loss of the historic resource.
It has been determined that the properties do not qualify as historic resources. Therefore, this finding does not apply.
Lot Line Adjustment, Section 23.12.010.1(b)
5. The parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, any applicable coastal plan, zoning and building ordinances.
The lot line adjustment will combine three (3) existing parcels (010-011-16, 010-011-31, and 010-011-30) into one 32,062 square foot parcel, exceeding the minimum lot size of 5,000 square feet as established in Municipal Code Section 24.10.750. By merging the three parcels, the lot-line adjustment will form one lot of adequate size to facilitate site intensification and development of a commercial/residential mixed-use building and encourage “a harmonious mixture of a variety of commercial and residential activities”. The purpose of the Ocean Street Area Plan is to revitalize the Ocean Street corridor and create a vibrant gateway to Santa Cruz that reflects the city’s unique character. The Ocean Street Area Plan calls out opportunity sites noting that there is potential for more intensive development on several larger sites and the potential to combine adjacent parcels that have the same owner, which is what is being proposed on these three parcels. The consolidation of the three lots will result in a lot area that can accommodate the scale and size of a mixed-use project that will provide a desirable street character that welcomes both pedestrian and vehicular access while maintaining a harmonious balance between local- and visitor-serving commercial uses and adjoining residential neighborhoods.
6. A greater number of parcels than originally existed are not created by the lot line adjustment.
The lot line adjustment will combine three (3) contiguous parcels, as tabulated below, to result in one (1) merged parcel; therefore, no new parcels will be created as a result of the lot line adjustment.
Parcel No. Address Existing Size Proposed Size
010-011-16 530 Ocean Street 6,000 sq. ft. 32,062 sq. ft. 010-011-31 542 Ocean Street 14,400 sq. ft.
010-011-30 548 Ocean Street 11,662 sq. ft.
Watercourse Development Permit, Section 24.08.2190
7. The development and the project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan.
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Planning Commission Meeting of May 1, 2025
SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 21
The project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan with the approval of the Density Bonus waiver to the required creek development setback (50 feet measured from the centerline of the creek) and incorporation of the recommendations in the biological report as conditions of approval. The stretch of Branciforte Creek adjacent to the site is an open channel, with sides of the channel being vertical and comprised of concrete, with no riparian vegetation present. To provide flood protection, the channel was designed to operate optimally when there is no sediment or trees.
The property supports one plant community type, which is non-native landscaping. A biological report prepared by Kathleen Lyons dated August 8, 2024 was submitted to identify sensitive biotic resources within the project area and evaluate the proposed project relative to such resources. The report found that the value of the project site to native wildlife is limited due to its developed, urban condition and fragmented vegetation. The close proximity of Branciforte Creek, which provides a year-round source of water, adds value to the project site’s landscaping, however, this value is moderated by the lack of vegetative cover along the creek edge. Additionally, the existing structure is located at the edge of the 30-foot riparian corridor and currently extends into the creek’s development setback and management areas. No suitable habitat is present due to the lack of suitable sandy substrate and the built condition of the site. No special status wildlife species are known or expected to occur within the project area. Two special status wildlife species may occur in adjacent areas, however, no direct impacts to these species are expected as Branciforte Creek is not located within the project area.
The mixed-use building is proposed to be located within the development setback of the watercourse (50 feet measured from the centerline of the creek), but outside of the riparian corridor setback (30 feet measured from the centerline of the creek). As such, the proposed building will be encroaching approximately 16.2 feet into the development setback. The proposed building is to be located within the footprint of the existing building. The proposed development will have no new impact to land within the development setback. The proposed building within the development setback would encompass approximately 1,245 square feet, which is less than the current building footprint of approximately 1,415 square feet. The biological report recommends that the applicant avoid the use of non-native plant species within the development setback area and encourage planting of native species, which is consistent with the City-Wide Creeks and Wetlands Management Plan. The applicant’s landscape plan shows plantings of native species within the setback area, consistent with the City’s standards.
8. That the development is permitted per Section 24.08.2150 or that the zoning administrator has determined that the project is in substantial conformance with the listed permitted uses.
With the building proposing to encroach into the 50-foot development setback area measured from the centerline of the creek, the City-Wide Creeks and Wetlands Management Plan would require the issuance of a Watercourse Variance. However, with the project including a Density Bonus, a waiver to the creek setback is being requested in place of the Watercourse Variance. Similar to the requirements of a Watercourse Variance, the biological report
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 22
evaluated the potential impacts of the project on the creek. Appropriate conditions of approval are included to avoid the use of non-native plant species in the development setback area and encourage planting of native species, improving water quality and flow with implementation of proper erosion control and best management practices. Therefore, the development is permitted with the issuance of a Watercourse Development Permit and Density Bonus waiver to the creek development setback.
9. That the development complies with the applicable watercourse development standards stated in Section 24.08.2180.
A biological report was prepared by Kathleen Lyons in August of 2024 with the focus of the assessment being to identify watercourse setbacks and sensitive biotic resources within the project area and evaluate the proposed project relative to the resources. The report recommends measures consistent with the applicable watercourse development standards stated in Section 24.08.2180 which have been included as conditions of approval.
10. That the project has met the requirements of all other reviewing agencies including but not limited to state and federal government requirements.
The limit of the development is outside of state and federal government jurisdiction and therefore is not required to meet state and federal requirements.
Design Permit, Section 24.08.426
11. With the exception of the standards of Section 24.12.185 for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
The subject property is located in the C-C (Community Commercial) zone district and has a General Plan land use designation of MXVC (Mixed-use Visitor Commercial), which is intended to encourage high-quality visitor-serving commercial development along Ocean Street, but also accommodates other multi-story commercial development, such as office buildings. The MXVC designation allows a density range of up to 55 dwelling units per acre allowed within the maximum of 2.75 Floor Area Ratio (FAR). Per the State Density Bonus Law, “maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density is generally determined by using a dwelling units per acre calculation. Mixed residential and commercial/office developments involving commercial uses on the ground floor and multiple dwellings above are principally permitted in the C-C zone district.
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SUBJECT: 530, 542, 548 Ocean St – Project No. CP24-0071 PAGE 23
Consistent with the General Plan density range and the C-C zone district, the subject properties have a base density of 41 conventional dwelling units (i.e. apartments). The applicant, however, is proposing a combination of apartments and Flexible Density Units (FDUs). FDUs are allowed to exceed the maximum densities in the General Plan per General Plan policy LU3.8 and are principally permitted in the C-C zone district. In situations where a maximum density range is not provided in the zone district or general plan, Section
24.16.255(6) of the Zoning Ordinance allows residential density to be calculated based on a project put forward by the applicant that meets all applicable development standards. To determine the number of FDUs permitted on site, the applicant prepared a base density plan to determine the maximum allowable residential density incorporating a mix of apartments and FDUs (see Sheet GP0.08 of the project plans – March 5, 2025 Zoning Administrator Agenda Packet). As such, a total of 113 residential units is the base density allowed (77 FDUs and 36 apartments). With a 100-percent density bonus, the project proposes a total of 225 residential units (155 FDUs and 70 apartments).
The proposed mixed-use project is consistent with the policies of the General Plan, including the following:
• Land Use Development Policy LU3.3.1 - Discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.
• Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
• Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Flexible density units (FDU) and Density bonus units.
• Land Use Development Policy LU4.1.1 – Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
• Land Use Development Policy LU4.1.3 – On major corridors, encourage mixeduse development, especially projects with priority for commercial uses that can provide services to the adjacent community.
• Community Design CD3.3 – Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
• Community Design CD4.2.1 – Where possible, site buildings at the street frontage and place parking areas away from street corners and to the rear of buildings.
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• Community Design CD4.4 – Improve the building design and streetscape along the Ocean Street corridor to emphasize its role as a gateway. • Community Design CD5.1 – Create a well connected street and pedestrian network.
• Community Design CD5.2 – Require new development to include elements that relate to the pedestrian scale.
• Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development. • Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
• Mobile Development Policy M4.4 – Assure a high level of bicycle user amenities.
• Economic Development Policy 5.3 – Support neighborhood commercial and mixed-use development along the city’s transportation corridors. • Hazards, Safety and Noise Policy HZ3.2.2 – Establish Ldn noise level targets of 65 dBA for outdoor activity areas in new multifamily residential developments. • Hazards, Safety and Noise Policy HZ3.2.3 – Require that interior noise in all new multifamily housing not exceed an Ldn of 45 dBA with the windows and doors closed.
• Hazards, Safety and Noise Policy HZ6.4 – Avoid or reduce the potential for life loss, injury, and property and economic damage from flooding. • Housing Element Policy 2.1 - Encourage the production of affordable rental and ownership housing through inclusionary requirements.
• Housing Element Policy 2.2 - Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means.
The property is located in an area mapped as potentially sensitive for archaeological resources under General Plan 2030. General Plan policy HA1.2.2 requires projects in this mapped area to complete an archaeological investigation that includes both archival research and site reconnaissance. A Preliminary Archaeological Reconnaissance of Parcels Report was prepared for the subject properties by Patricia Paramoure, dated July 23, 2024, to determine the presence or absence of any significant cultural resources. No evidence of precontact archaeological resources was observed during the field reconnaissance of the parcels but visibility was extremely limited due to the buildings and pavement. Based on the results of the archival research, it is possible that potentially significant historic-era archaeological resources will be found on the parcels. As such, it is recommended that the property owner retain the services of an archaeologist that meets the Secretary of the Interior Standards to compose an Archaeological Monitoring Plan and to manage archaeological monitoring of excavations involved with this project. Construction related soil disturbance shall be monitored by qualified archaeologists. Construction excavations shall be initially conducted with flat edged soil disturbance equipment to minimize the impacts to possible buried archaeological resources. Conditions of approval have been included to require compliance with the recommendations of the Archaeological Report and archaeological
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monitoring. The applicant will stop work if excavation results in discovery of an archaeological resource.
The project sites are located within the Ocean Street Area Plan (OSAP), which encourages developments such as this. The purpose of the OSAP is to revitalize the Ocean Street corridor and create a vibrant gateway to Santa Cruz that reflects the city’s unique character. The OSAP calls out opportunity sites noting that there is potential for more intensive development on several larger sites and the potential to combine adjacent parcels that have the same owner, which is what is being proposed on these three parcels. The consolidation of the three lots will result in a lot area that can accommodate the scale and size of a mixeduse project. The project also meets the following areawide land use and redevelopment strategy plan policies:
• Goal CD-O1.1 – Encourage pedestrian-oriented development that will enhance the overall architectural quality of buildings along Ocean Street. • Goal CD-O1.2 – Require all proposed development to follow the Design Standards and Guidelines in this Area Plan.
• Goal CD-O1.3 – Encourage assembly of small parcels into larger sites that allow for high-quality development.
• Goal CD-O2.3 – Require new development to minimize impacts relating to parking, loading, traffic, noise, mechanical equipment, and lighting on adjacent residential neighborhoods to the greatest extent possible.
• Goal CD-O2.4 – Ensure that all sides of buildings, including rear facades, are welldesigned with high quality materials and attention to detail. • Goal CD-O3.1 – Encourage development that provides wider sidewalks, outdoor seating or displays, and other features that improve the pedestrian environment on Ocean St. • Goal CD-O3.2 – Improve the appearance of Ocean Street’s public right-of-way. • Goal LU-O1.2 – Promote a mixture of retail shops, offices, residential uses, and visitor services that complement one another and contribute to an active pedestrian environment. • Goal LU-O1.3 – On the ground floor of buildings along Ocean Street, encourage retail shops, personal services or other uses that foster pedestrian activity. • Goal M-O1.2 – Encourage use of alternative modes of transit.
Aside from the requested waivers and incentives/concessions allowed under State Density Bonus Law and variations to the Objective Design Standards Ordinance allowed by the Zoning Ordinance, the project meets the site development standards as required in the City’s Zoning Ordinance, including the C-C zone district requirements, objective design standards, parking design requirements, and so on. The March 5, 2025 Zoning Administrator Agenda Packet includes a checklist documenting how the Objective Design Standards are met. The subject property is not located within the Coastal Zone.
12. For each standard of Section 24.12.185 for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section 24.12.185.
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The project is proposing to vary from two objective design standards as explained below.
Variation #1: SCMC24.12.185.5.c. states that regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.
The Branciforte Creek multi-use path runs adject to Branciforte Creek. Many portions of the trail are paved, facilitating active transportation through the Ocean Street area of Santa Cruz.
The General Plan, Climate Action Plan, Municipal Code, the Ocean Street Area Plan, and the Active Transportation Plan all include policies supporting the improvement/continuation of the Branciforte Creek Trail:
• General Plan Policy CD3.1: Develop and maintain physical and visual linkages between key areas in the city.
• General Plan Policy M1.1.2: Connect activity centers with bicycle and pedestrian paths.
• General Plan Policy M1.1.3: Implement pedestrian and bicycle improvements that support transit ridership.
• General Plan Policy M3.3.5: Require new development to be designed to discourage through traffic in adjacent neighborhoods and to encourage bicycle or pedestrian connections.
• General Plan Policy PR4.1.1: Provide trails for a range of uses. • Ocean Street Area Plan Goal CD-O3: An attractive streetscape that encourages pedestrian activity.
• Ocean Street Area Plan Goal CD-O3.1: Encourage development that provides wider sidewalks, outdoor seating or displays, and other features that improve the pedestrian environment on Ocean Street.
• Ocean Street Area Plan Goal M-O1.2: Promote a safe and well-connected bicycle network between Ocean Street and other parts of the city. • Climate Action Plan Measure T1.5 Equitable Active Transportation Access: Build new infrastructure that provides equitable access to safe bicycle and pedestrian pathways throughout the City, prioritizing frontline neighborhoods. • Active Transportation Plan Project 38 (Branciforte Creek Bike Path – May Avenue to Ocean Avenue): Pave and connect to Ocean St.
This improvement would further several important policies of the City and provide a valuable benefit to the community, as well as residents who commute by bike. Instead of providing the bike path connection as part of this project, the applicant will instead be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the
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applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian and bicycle access. Further, since the site upon which the bike path connection is located is under public ownership, the improvement is more likely to occur in the near future, meeting the intent of the stated goal of the Objective Design Standard.
Variation #2: SCMC 24.12.185.6.e.ii. states that entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage, with exemptions provided for food and beverage stores, medical/health offices and lodging in areas designated MXVC in the 2030 General Plan.
The goal of this objective design standard is to ensure that new development is pedestrianoriented and provides ground floor uses that activate the public realm. It is infeasible for the project to provide the number of requested building entries because of accessibility requirements given the grade difference between the finished floor of the building and the elevation of the public sidewalk along Ocean Street. The subject properties are located within a 100-year floodplain. As such, the project proposes to raise the building’s footprint out of the floodplain. The difference between the building’s ground floor and Ocean Street sidewalk is 2 feet to 2.5 feet across the site. Accessible ramps are required to provide code-compliant building access from the public sidewalk at its existing grade. Additional ramps would interfere with other required elements, such as landscaping and bike parking. Instead, the project proposes to provide benches and plantings to create welcoming residential and commercial entries that will create a better pedestrian-experience along the new building frontage. Additionally, across the 265-foot building frontage, there are five entries proposed with an average placement of 53-feet, which is close to the required 50-foot spacing. The project also meets the objective design standards of active frontage, including ensuring that the ground floor commercial space is at least 50-percent of the entire building frontage, and provides an average depth of at least 25-feet. Therefore, the alternative design meets the intended stated goal of the objective standard as the project is pedestrian-oriented and provides ground floor uses that activate the public realm.
Heritage Tree Removal Permit, Section 9.56.060
13. A heritage tree or shrub, as defined in Chapter 9.56 of the City of Santa Cruz Municipal Code shall only be altered or removed in the following circumstances:
1. Alteration of a heritage tree or shrub would only affect less than twenty-five percent (25%) of the crown of said heritage tree or heritage shrub;
2. Findings by the Director of Parks & Recreation can be established in conformity with the City’s Urban Forest and Wildland Interface Policy Statement;
3. One or more of the following findings are established by the applicant and confirmed by the Director of Parks & Recreation:
1. The heritage tree or heritage tree shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way;
2. The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal;
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3. A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.
Removal, rather than alteration, of trees is proposed. An arborist report dated April 30, 2024, prepared by Kurt Fouts, Certified Arborist, includes an assessment of the trees within the project area, condition of the trees, and recommendations for retention or removal of the trees. The City Arborist reviewed the submitted report and has expressed no concerns regarding its methodology or findings. There are six Heritage-sized trees, three of which are on the subject property fronting Ocean St, and the other three are on adjacent properties with canopies overhanging the subject properties. The arborist report recommends removal of five Heritage-sized trees (three Palm trees, one Cypress tree and one Cedar tree) as the construction project design cannot be altered to accommodate the five Heritage-sized trees, if written consent of the adjacent property owner(s) expressly authorizing removal or irreversible damage to the affected heritage tree(s) is provided. If such consent is not obtained, the applicant shall (1) revise the project plans to avoid irreparable damage and/or death to the heritage trees to the satisfaction of the City Arborist, or (2) provide evidence that pursuant to a court order or judicial decree, that they are entitled as a matter of law to remove encroaching roots and/or branches up to the property line. In accordance with the replacement tree requirements, either one 24-inch box sized tree or three 15-gallon trees shall be paid for and planted by the project applicant for each Heritage tree removed. This condition is intended to ensure compliance with applicable laws governing private property and tree protection, and to prevent unauthorized removal or harm to trees located on property not owned or controlled by the applicant or the City. A Tree Protection Plan must be submitted prior to issuance of building permit showing how the trees will be preserved, if applicable. Condition of Approval #15 and #39 were modified to address the preservation of the adjacent Heritage-sized trees.
Sign Permit, Section 24.08.530
14. The sign plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical development. If located in the Coastal Zone, the sign plan shall also be consistent with policies of the Local Coastal Program.
The signage is consistent with the goals and physical development policies of the 2030 General Plan, Ocean Street Area Plan, and the Zoning Ordinance. The applicant is proposing two non-commercial wall signs located on the tallest portion of the side elevations of the building. The proposed square footage of each sign is approximately 66.3 sq. ft. Per Zoning Ordinance Section 24.12.350.5, non-commercial signs containing non-commercial messages may be erected in conformity with this part in all districts. This sign is for the name of the mixed-use building, ArtHaus. The signs are consistent with the Ocean Street Area Plan Sign Criteria, including the following:
• Design of the sign is simple and easy to read.
• Signs are attached to the wall and do not project above the eave line of the building.
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• Signs include colors and materials that relate to the architectural character of the site’s building and are not designed to obscure or conceal architectural elements. • Where internally illuminated lettering is used, only individual letter signs shall be permitted.
• Where individual letters are used, letters are three dimensional.
The project is not within the Coastal Zone.
15. Design of signs shall respect design principles in terms of maintaining a balance of scale, form and proportion. Location of signs shall take into account maintenance of public views.
The two wall signs will be mounted to the face of the building, along the side elevations and will not conflict with public views. The signs consist of letters that are 3’-7” tall and a total length of 18’-6”. The area of the proposed signs are 66.3 sq. ft. each. With the side elevation building façade being more than 1,000 sq. ft., the size of the sign is appropriate to the area of the wall per the Municipal Code. The signs are mounted to the tallest portion of the building wall and is proportional to and in scale with the building.
16. The size and location of signs shall not obstruct visibility or the safe movement of pedestrians or vehicles and shall not encroach on paths of travel or other site features that were/are established for compliance with the Americans with Disabilities Act (ADA).
The two wall signs are stationary and located on the tallest part of the side elevation facade.
The sign will be internally illuminated, with the internal illumination limited to illuminated lettering with an opaque background; therefore, the signs will not visually impact vehicular traffic or encroach onto paths of travel or other site features required for compliance with ADA.
17. Signs shall avoid dominating the site and/or existing buildings on the site or overwhelming the buildings or structures to which they are attached. Multiple signs on a given site should be of a consistent theme.
The two wall signs will be mounted flat, one on each side elevation of the building and will consist of the building name only. The wall sign will project 4.5 inches from the wall face.
The wall signs will not dominate or overwhelm the building façade as the façade is significantly larger than the proposed wall sign.
Density Bonus Section 24.16.270.2
18. The housing development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or modified parking standards requested; conforms to all standards for affordability included in this section; and includes a financing mechanism for all implementation and monitoring costs.
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The project is subject to the inclusionary housing requirement in Zoning Code Section
24.16.020(5)(a), “Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.”
With a base density of 113 units, 22 (20-percent) of the residential units will be required to be provided as inclusionary affordable housing units at the low income level (80% AMI). As per Municipal Code Section 24.16.225(3), an applicant for a density bonus project may seek three incentives or concessions for housing developments where at least thirty percent of the total units are affordable to lower-income households, at least fifteen percent of the total units are affordable to very-low-income households, or at least thirty percent of the total units in a common interest development are available to moderate-income households at affordable ownership costs. Therefore, in order to seek three incentives and concessions for the project, as well as meet the inclusionary housing requirement, the applicant is proposing 17 residential units (15-percent of the total units) to be provided as the inclusionary affordable housing units at the very-low income level (50% AMI). In order to meet the 22 units required as per the City’s Inclusionary Ordinance, the applicant is proposing to provide an additional 5 units at the low income level (80% AMI).
A condition of approval has been included that the applicant shall comply with the inclusionary housing requirements set forth at SCMC Chapter 24.16 Part 1, and shall enter into and record an affordable housing development agreement prior to issuance of a building permit.
According to Government Code Section 65915(f)(2), if 15-percent of the total conforming base density is designated very-low income, development projects then qualify for a 50- percent density bonus. Because the applicant is requesting 17 residential units to be provided as affordable housing units at the very-low income level, the applicant is eligible for a 50- percent density bonus. Per Government Code Section 65915(v)(2), the applicant is further eligible for a second density bonus of 50-percent if they provide an additional 15-percent of the total conforming base density designated moderate-income. By providing 17 residential units designated very-low income, and 17 residential units designated moderate-income, the project is eligible and proposes to use a 100-percent density bonus project, resulting in a 225 residential unit project. This project is, therefore, eligible to receive three incentives or concessions, and unlimited waivers. All financing mechanisms for implementation and monitoring costs will be provided by the applicants.
19. Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs based upon appropriate financial analysis and documentation if required by Section 24.16.255.
The applicant requests one incentive/concession to allow for the use of vinyl windows where the City’s Objective Standards Ordinance prohibits vinyl windows on mixed use buildings over three stories in height. Section 24.12.185.16(c) of the Objective Standards Ordinance
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prohibits use of vinyl windows on any mixed-use building over three stories in height. Vinyl windows cost less than metal and/or wood framed windows. The applicant requests a concession to use vinyl windows as it will result in identifiable cost savings to the project to provide for affordable rents.
The applicant requested a second incentive/concession at the March 5, 2025 Zoning Administrator public hearing to waive the requirement of providing METRO passes to all residents in the building as required under SCMC Section 10.46.040. The applicant advised that meeting the requirement of providing METRO passes to all residents in the building would render the project infeasible due to the additional $250,000 it would cost each year.
As such, granting the applicant this incentive/concession clearly results in identifiable and actual cost reduction to facilitate affordable housing costs so the City is obligated to approve this incentive/concession under State Density Bonus law. Condition of Approval #68 is removed from the conditions of approval to address this.
20. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Section 24.16.230.
The project is not based on dedication of land; therefore, this finding does not apply.
21. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care center, the development conforms to the standards included in Section
24.16.235.
The project does not include a child care center; therefore, this finding does not apply.
22. If the density bonus incentive or concession is approved for a condominium conversion, the development conforms to the standards included in Section 24.16.240.
The project does not include a condominium conversion; therefore, this finding does not apply.
23. If the incentive or concession includes mixed-use buildings or developments, the nonresidential land uses will reduce the cost of the housing development and the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.
The above finding is inapplicable, as the project does not include any requests for incentives/concessions for the allowance of a mixed-use building or development. The proposed incentive/concession is regarding the use of vinyl windows. As such, this finding is not applicable.
24. If a waiver or modification is requested, the applicant has shown that the development standards for which the waiver or modification is requested will have the effect of
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physically precluding the construction of the housing development at the densities or with the incentives or concessions permitted by this Part 3.
The project requests waivers from a total of fifteen development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the incentives/concessions requested, which are described below:
Development Standard Explanation
1. Building height and stories (SCMC
24.10.750.1.a): 45 feet and 3 stories
required.
Increase in building height is required to
accommodate the proposed housing
development with the density bonus units.
2. Rear yard setback (SCMC
24.10.750.1.c): Not less than the minimum
yard required for the adjacent yard in the RL zone district, which is 10 feet.
3. Maximum Building Length (SCMC
24.12.185.3.b): Maximum building length
shall be dictated by required setbacks and
parcel dimensions.
Reduced rear yard setback of 1’-1” is required,
which is intended to maximize use of available
land in order to accommodate the proposed
residential density.
4. Common Usable Open Space per
Dwelling Unit (SCMC 24.10.750.1.d):
5,600 sq. ft. required
5. Private Open Space per Dwelling Unit
(SCMC 24.10.750.1.d): 2,800 sq. ft.
required
6. Open Space per Objective Design
Standards (SCMC 24.12.185.9.a.i)
a. Usable open space per unit: 4,500 sq.
ft. required
b. Private open space per unit: 9,000 sq.
ft. required
7. Common Open Space per FDU (SCMC
24.12.1530.1): 23,250 sq. ft. required
The proposed project includes 4,280 sq. ft. of
common open space, which is located in an
open courtyard on the second level of the
proposed building; 2,770 sq. ft. of private open
space; and 2,593 sq. ft. of common indoor
space. To comply with the open space
requirements, the project would need to be
downsized, either through downsizing units, or
through elimination of parking spaces or
residential amenity areas, which a local agency
cannot require a project to do. The subject
property is located within walking distance to
San Lorenzo Park which is located west of the
subject properties. As such, although the open
space requirements are not met on site, the
project continues to provide some open space
on site, in combination with access to offsite
recreational opportunities so the residents have
the opportunity to enjoy open space.
8. 15’ wide sidewalk (SCMC
24.12.185.4.a.ii)
9. 15’ wide sidewalk (SCMC 24.12.185.5.e)
The project meets the 15-foot wide sidewalk
requirement along most of the frontage of the
property except near the southern end of the
site. Providing the 15-foot wide sidewalk at the
southern end of the site would require the
elimination of structural columns that support
the housing units above. If the project was
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required to remove the columns, the project
would lose up to 15 units. The applicant has
maximized the width of the sidewalk in a
manner that does not reduce the number of
units.
10. Rear yard landscape buffer (SCMC
24.12.185.8.b.iii): 5-foot deep landscape
buffer required along the entire rear
property line.
Providing a landscape buffer along the entire
rear of the site in addition to fire department
access requirements would over-constrict the
buildable footprint of the site and would result
in the loss of residential units.
11. Neighborhood Transition (SCMC
24.12.185.10.a.i): Buildings shall not
intercept a forty-five-degree neighborhood
transition plane inclined inward from the
underlying setback, starting at a height of
thirty-five feet above grade.
If the project were required to provide the 45-
degree transition plane starting at a height of
35’ above grade, the project would lose
approximately 30 residential units, and the
proposed project would not be able to be built
with the density bonus units.
12.Building Modulation (SCMC
24.12.185.12.a)
The building elevations provide a plane change
at least every 30' where the change in
horizontal plane is 2' and is combined with a
change in material, with the exception of the
south elevation (Ocean Street-facing) where
only a 1' horizontal plane change is proposed.
The project could not be built as proposed
without the requested waiver.
13. Unfenestrated elevations (SCMC
24.12.185.15.f)
There are two portions of the building of the
East elevation which cannot accommodate
windows, balconies or glass doors because the
building extends to the property line. If the
Project were required to comply with this
standard, the Project would be required to lose
10 residential units. The length of these
elevations is 28'-6" and 32'-6".
14.Floor Area Ratio (2030 General Plan):
Maximum FAR is 2.75
Complying with the FAR required in the
MXVC designation would reduce the volume
of the building and result in a loss of units and
amenities, which would physically preclude
the construction of the proposed project with
the density bonus units.
15.Watercourse Development Setback: 50-
feet development setback per the Citywide
Creeks and Wetlands Plan
Requiring the proposed project to meet the
watercourse development setback would result
in a loss of units and amenities, as well as
downsizing of the proposed building, which
would physically preclude the construction of
the proposed project with the density bonus
units.
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25. If a commercial development bonus is requested, the project complies with the requirements of Section 24.16.258, the city has approved the partnered housing agreement, and the bonus has been mutually agreed upon by the city and the commercial developer.
The project does not request a commercial development bonus; therefore, this finding does not apply.
26. If the housing development or the commercial development is in the coastal zone, any requested density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus is consistent with all applicable requirements of the certified Santa Cruz local coastal program, with the exception of density.
The project site is not located within the local coastal program, and, therefore, the above finding does not apply.
Submitted by:
Rina Zhou
Senior Planner
Approved by:
Eric Marlatt
Assistant Director
Planning and Community Development
ATTACHMENTS:
1) Exhibit A – Conditions of Approval
2) Appeal Letter Dated March 17, 2025
3) Applicant’s Response to Appeal Letter Dated April 7, 2025 4) Public Correspondence
5) Public Notice Radius Map
6) March 5, 2025 Zoning Administrator Minutes
March 5, 2025 Zoning Administrator Agenda Packet:
https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=2448&do ctype=1
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ZONING ADMINISTRATOR
AGENDA REPORT
DATE: 02/28/2025
AGENDA OF: 03/05/2025
ITEM NO:
ADDRESS:
CP24-0071
530, 542, 548 Ocean Street
DISTRICT LOCATION: District 2
RECOMMENDATION: That the Zoning Administrator acknowledge the environmental determination and approve the Nonresidential Demolition Authorization Permit, Lot Line Adjustment, Watercourse
Development Permit, Design Permit, Heritage Tree Removal Permit, Density Bonus request, and Sign Permit based on the Findings listed below and the attached Conditions of Approval in Exhibit “A”.
PROJECT DATA:
Property Owner/Applicant: Lisa Vilhauer, Riaz Capital
APN: 010-011-16, 010-011-31, 010-011-30
Application Type: Nonresidential Demolition Authorization Permit, Lot Line Adjustment, Watercourse Development Permit, Design Permit, Heritage Tree Removal Permit, Density Bonus Request, and Sign Permit to demolish four commercial buildings, combine three lots into one parcel, remove five heritage-sized trees, and construct a six-story mixed use building with 225 residential units and ground floor commercial area within the development setback area of a Category B Creek on property located in the C-C/FP-O
(Community Commercial / Floodplain Overlay) zone districts and within the Ocean Street Area Plan.
Zoning: C-C (Community Commercial), FP-O (Floodplain Overlay District) Project Consistency: Consistent with approval of permits and pursuant to State Density Bonus Law
General Plan: MXVC (Mixed-Use Visitor Commercial)
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
Project Consistency: Consistent with the General Plan designation with approval of permits and pursuant to State Density Bonus Law
Land Use
Existing: Four commercial buildings on three separate lots Proposed: Six-story 225-unit mixed-use building with ground floor commercial space and residential units above on one combined lot
Surrounding: Branciforte Creek to the north, commercial and visitor-serving uses to the south and west, and residential uses to the east Lot Area: 32,062 square feet
Lot Dimensions: Approximately 277 feet x 120 feet
Coastal Review: No Coastal Permit Required (subject site located outside of the Coastal Zone)
Environmental Review: California Environmental Quality Act (CEQA) Guidelines Section 15332 (Categorical Exemption, Class 32, Infill Development Projects)
Planning Staff: Rina Zhou
PROJECT DESCRIPTION & BACKGROUND
The project site is located on the east
side of Ocean Street, between Dakota
Avenue and Soquel Avenue.
Immediately north of the project site is
Branciforte Creek. The project site is
adjacent to residential uses to the east,
and commercial, office, and visitorserving uses to the west and south. The subject property is located in the C-C
(Community Commercial) zone district.
The project proposes to demolish four
existing commercial buildings,
combine the three lots into one parcel
and construct a six-story 225-unit
mixed-use building with 3,394 square
foot ground floor commercial space
and 84 parking spaces. Out of the 225
units, 70 are dwelling units and 155 are
Flexible Density Units (FDUs).
Subject property
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Preapplication Pursuant to Senate Bill 330 (SB330)
The Housing Accountability Act (HAA) is a California state law designed to promote infill development, and it limits the ability of local governments to restrict the development of new housing. The Act applies to housing applications submitted to local agencies that meet specific criteria. Please see the following link for an informational handout regarding SB330:
https://www.cityofsantacruz.com/home/showpublisheddocument/100394/638542965627730000 On February 28, 2024, a Preapplication (CP24-0036) was submitted for the project and was deemed complete pursuant to the Housing Accountability Act. As a result, the proposed project became subject to only those local ordinances and policies in effect at the time of preapplication completeness and does not require conformance with recently-adopted City ordinances. The project is permitted to take advantage of any state laws that became effective at any time prior to entitlement if the laws are less restrictive than the local ordinance.
On August 26, 2024, a formal application (CP24-0071) was submitted. The proposed project submitted under the preapplication differs from the formal application by less than twenty percent of the number of residential units and square footage of construction so the project continues to remain locked in to the local ordinances and policies in effect at the time of preapplication completeness.
The proposed six story, 225-unit residential apartment building has been found to be consistent with all applicable zoning and development standards, with allowable exceptions as may be requested pursuant to State Density Bonus Law, and will not generate any significant, adverse impacts to public health and safety, in compliance with the requirements of the Housing Accountability Act.
Permit Requirements
The project is requesting a 100-percent density bonus resulting in a mixed-use project with 225 residential units. This project requires the following entitlements:
• Nonresidential Demolition Authorization Permit to demolish three nonresidential buildings across the three lots since the structures are more than 50 years old; • Lot Line Adjustment to combine the three existing lots; • Watercourse Development Permit to construct the proposed building within the development setback area of the Branciforte Creek Reach 1 (Category B Creek) adjacent to the property;
• Design Permit for a multifamily residential development consisting of two or more units; • Heritage Tree Removal Permit to remove five Heritage-sized trees, three of which are on the subject property and the other two with tree canopies overhanging the subject property; • Density Bonus Request for a 100-percent Density Bonus and associated requested waivers and incentives/concessions; and
• Sign Permit to construct two non-commercial wall signs on the proposed building.
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State Laws Applicable to Project:
The following California Government Code Sections are applicable to the project:
• 65863.2 (Minimum Parking Requirements, AB2097): Minimum parking requirements can increase the cost of housing and limit the number of residential units. Therefore, local jurisdictions shall not impose a minimum automobile parking requirement for residential, commercial, or other development projects if the project is located within one-half mile of public transit.
• 65915 (Density Bonus Law): The applicant is proposing to use density bonus law to propose a 100-percent Density Bonus project with the requested incentives/concessions and waivers.
• 65589.5 (Housing Accountability Act, SB330): The HAA limits local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need. • 65905.5 (Five Hearing Rule): A local government may not hold more than five hearings to consider a proposed housing development project if the project complies with all applicable, objective general plan and zoning standards.
RESOURCES AND CONSTRAINTS
• Archaeology: The site is mapped in the 2030 General Plan as potentially containing archaeologically sensitive resources. The archaeological report submitted with the application recommends archaeological monitoring. Conditions of approval have been included requiring compliance with the report’s recommendations. • Watercourse - Branciforte Creek 1 (Category B Creek): This creek is located adjacent to the subject property. The biological report submitted found that the value of the project site to native wildlife is limited due to its developed, urban condition and fragmented vegetation (Attachment 4). The existing structure is located at the edge of the 30-foot riparian corridor and it currently extends into the creek’s development setback and management areas. The proposed building will extend into the creek’s development setback, within the already disturbed area, with a requested waiver to the creek’s development setback.
• Sensitive Habitat: The site does not contain any mapped sensitive habitats. • Heritage Trees: There are five heritage-sized trees proposed to be removed. An arborist report was submitted that discusses the impacts to the heritage-sized trees and provides recommendations (Attachment 5). Fifteen 15-gallon trees are proposed to replace the Heritage trees removed.
• Liquefaction: A geotechnical investigation report was prepared by Langan CA, Inc. dated January 24, 2024 (Attachment 9) which finds that from a geotechnical standpoint, the site can be developed as planned, as long as the recommendations provided in the report are incorporated into the building permit plans. The project includes conditions of approval requiring that all recommendations of the geotechnical investigation are implemented. • Floodplain Overlay: The property is located in the Federal Emergency Management Agency’s (FEMA) 100-year floodplain (AE flood zone). The site’s average elevation is
22.8’ and the current FEMA high water mark is 24.0’. The project proposes a finished
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
ground floor elevation of 24.5’ and will further be designed in compliance with FEMA’s dry floodproofing requirements to ensure resilience against potential future flood events. • Bird-safe Building Design Standards: Given the site’s proximity to Branciforte Creek, the project is required to comply with the City’s Bird Safe Development requirements and the applicant proposes the use of glass with a frit pattern, or other bird-safe methods compliant with American Bird Conservancy guidelines, on the north, creek facing elevation within 40-feet of grade. A condition of approval requires that plans submitted in conjunction with the building permit application demonstrate compliance with the birdsafe building design standards.
ANALYSIS
General Plan Consistency
The subject property is located in the C-C (Community Commercial) zone district and has a General Plan land use designation of MXVC (Mixed-use Visitor Commercial), which is intended to encourage high-quality visitor-serving commercial development along Ocean Street, but also accommodates other multi-story commercial development, such as office buildings. The MXVC designation allows a density range of up to 55 dwelling units per acre allowed within the maximum of 2.75 Floor Area Ratio (FAR). Per the State Density Bonus Law, “maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density is generally determined by using a dwelling units per acre calculation. Mixed residential and commercial/office developments involving commercial uses on the ground floor and multiple dwellings above are principally permitted in the C-C zone district. Consistent with the General Plan density range and the C-C zone district, the subject properties have a base density of 41 conventional dwelling units (i.e. apartments). The applicant, however, is proposing a combination of apartments and Flexible Density Units (FDUs). FDUs are allowed to exceed the maximum densities in the General Plan per General Plan policy LU3.8 and are principally permitted in the C-C zone district. In situations where a maximum density range is not provided in the zone district or general plan, Section
24.16.255(6) of the Zoning Ordinance allows residential density to be calculated based on a project put forward by the applicant that meets all applicable development standards. To determine the number of FDUs permitted on site, the applicant prepared a base density plan to determine the maximum allowable residential density incorporating a mix of apartments and FDUs (see Sheet GP0.08 of the project plans – Attachment 2). As such, a total of 113 residential units is the base density allowed (77 FDUs and 36 apartments). With a 100-percent density bonus, the project proposes a total of 225 residential units (155 FDUs and 70 apartments).
The proposed project additionally assists in facilitating attainment of the goals, policies, and actions of the General Plan and Housing Element intended to ensure a complementary balance of land uses, advance transportation modes other than travel by private automobile, foster a vibrant local economy, encourage diversity in housing types and range of affordability levels, enhance the quality of housing stock available to residents, and promote urban design encouraging an environmentally sustainable, compact community with clearly-defined urban boundaries. The project is additionally consistent with several General Plan policies that promote infill
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
development. The subject properties are also located within the Ocean Street Area Plan which is discussed in the Design Permit findings.
Zoning Consistency
The project must meet several site development standards in the zoning ordinance, including those for the C-C zone district, and specific standards for FDU developments, except as modified by waivers pursuant to California State Density Bonus Law (see Density Bonus Request section below for this analysis). The tables below show the project’s consistency with the development standards:
Table 1
COMMUNITY COMMERCIAL ZONE DISTRICT REQUIREMENTS SUMMARY Site Standard Allowed/Required Proposed Complies?
(Yes/No)
Mechanism for
Exceedance
Floor Area
Ratio (FAR)
2.75 4.76 No* *Requested
waiver
Building
Height
45’ max. 69’ to 78’-9” No* *Requested
waiver
Setbacks
Front 0’ min. 0’ Yes
Rear 10’ min. 1’-1” on ground
floor
2’-11” on
second floor and
above
No* *Requested
waiver
North Side 0’ min. 0’ Yes
South Side 0’ min. 5’-6” on ground
floor
5” on second
floor and above
Yes
Table 2
FLEXIBLE DENSITY UNIT REQUIREMENTS SUMMARY
Provision Required Proposed Complies?
FDU Range 220 to 600 square feet 320 to 551 square
feet
Yes
Min. Dwelling Units
Required
Min. 3 dwelling units,
including FDUs
70 dwelling units
and 155 FDUs
Yes
Storage Facilities Private usable storage
space (min. 200 cubic
feet)
200 cubic feet of
storage provided in
each unit
Yes
Common Facilities: 150 square feet of
common usable open
space per unit (Min.
4,280 square feet of
common usable
outdoor open space
No, requested
waiver.
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
FLEXIBLE DENSITY UNIT REQUIREMENTS SUMMARY
Provision Required Proposed Complies?
200 square feet of
common outdoor
open space and 200
square feet of
common indoor open
space)
150 x 155 = 23,250
sq. ft.
2,593 square feet of
common usable
indoor open space
Laundry facilities
1 washer/dryer for
every 10 units
Minimum of 3
washer/dryers
required
1 washer/dryer unit
provided in each
unit
Yes
1 Class 1 bike
parking space/ FDU
unit = 155 Class 1
bike spaces required
for the FDUs.
155 Class 1 bike
parking spaces for
FDUs
Yes
Table 3
Parking and Bicycle Parking Requirements
Standard Required Proposed Project
Compliance
Vehicle Parking
Number of parking
spaces
0 (Required as per AB2097
and SCMC 24.12.220.1.b)
84 in parking stackers Yes
Electric Vehicle (EV)
charging stations
10 spaces with EV charging
stations installed
9 (one is an EV van
accessible parking space
which receives a credit
of one parking space)
Yes
Access to parking
facility
20’ min. width 20’ Yes
Bicycle Parking
Class 1 1 space per unit (225 total) 225 Yes
Class 2 1 space per 4 units (56 total) 56 Yes
City-Wide Creeks and Wetlands Management Plan
The project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan with the approval of the Density Bonus waiver to the required creek development setback (50 feet measured from the centerline of the creek) and incorporation of the recommendations in the biological report as conditions of approval. The stretch of Branciforte Creek adjacent to the site is
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
an open channel, with sides of the channel being vertical and comprised of concrete, with no riparian vegetation present. To provide flood protection, the channel was designed to operate optimally when there is no sediment or trees. The property supports one plant community type, which is non-native landscaping. A biological report prepared by Kathleen Lyons dated August 8, 2024 was submitted to identify sensitive biotic resources within the project area and evaluate the proposed project relative to such resources. The report found that the value of the project site to native wildlife is limited due to its developed, urban condition and fragmented vegetation. The close proximity of Branciforte Creek, which provides a year-round source of water, adds value to the project site’s landscaping, however, this value is moderated by the lack of vegetative cover along the creek edge. Additionally, the existing structure is located at the edge of the 30-foot riparian corridor and currently extends into the creek’s development setback and management areas. No suitable habitat is present due to the lack of suitable sandy substrate and the built condition of the site. No special status wildlife species are known or expected to occur within the project area. Two special status wildlife species may occur in adjacent areas, however, no direct impacts to these species are expected as Branciforte Creek is not located within the project area.
The mixed-use building is proposed to be located within the development setback of the watercourse (50 feet measured from the centerline of the creek), but outside of the riparian corridor setback (30 feet measured from the centerline of the creek). As such, the proposed building will be encroaching approximately 16.2 feet into the development setback. The proposed building is to be located within the footprint of the existing building. The proposed development will have no new impact to land within the development setback. The proposed building within the development setback would encompass approximately 1,245 square feet, which is less than the current building footprint of approximately 1,415 square feet. The biological report recommends that the applicant avoid the use of non-native plant species within the development setback area and encourage planting of native species, which is consistent with the City-Wide Creeks and Wetlands Management Plan. The applicant’s landscape plan shows plantings of native species within the setback area, consistent with the City’s standards.
Traffic and Parking
AB2097 modified California Government Code Section 65863.2 to eliminate any parking requirement for a site within half a mile of an existing or planned major transit stop. The requirements of AB2097 were incorporated into the Municipal Code in Spring of 2023 through City Council Ordinance No. 2023-06. As per Municipal Code Section 24.12.220, off-street parking and loading requirements do not apply to development within one-half mile of a major transit stop, therefore onsite parking and loading is not required for the project. The project is proposing to provide 84 parking spaces in parking stackers on the property.
The City requires a Traffic Impact Study (TIS) to be prepared for any project that is estimated to generate 50 or more vehicle trips during the PM peak hour to determine potential traffic impacts that may be associated with a project and to provide a nexus for offsite improvements to mitigate the impacts. A Traffic Impact Study prepared by W-Trans dated August 15, 2024 was submitted (Attachment 10). The report concludes that the project as proposed would not conflict with any City policies on pedestrian, bicycle, or transit facilities and is expected to function acceptably for emergency vehicles. The traffic study recommends that parking be prohibited for 20 feet on either side of the driveway to maintain sight distances. Further, to maintain adequate sight lines,
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vegetation planned along the Ocean Street frontage should be below three feet in height or above seven feet. A condition of approval has been included that requires compliance with the recommendations in the Traffic Impact Study. A condition of approval will also require that the project pay a Traffic Impact Fee (TIF) prior to issuance of the building permit.
Density Bonus Request
State Density Bonus Law allows eligible density bonus projects to deviate from an unlimited number of standards, if the applicant provides substantial evidence demonstrating that compliance with that standard would render the project physically unfeasible and/or require removal or downsizing of affordable units. An appellate court decision in a 2011 density bonus-related court case (Wollmer v.
City of Berkeley) affirmed that a local agency cannot require a project to remove or downsize any resident amenity spaces in order to come into compliance with standards and eliminate the need for waiver or incentive/concession requests. Santa Cruz Municipal Code Section 24.16.255.4 allows a density bonus project to qualify for waivers from development standards if it is shown that the standards will physically preclude the construction of the proposed housing development.
The project requests waivers from fifteen development standards, which would otherwise physically preclude the construction of the proposed housing development with the density bonus units, noted below, and further explained in the Density Bonus findings:
1. Building height and stories – SCMC 24.10.750.1.a
2. Rear yard setback – SCMC 24.10.750.1.c
3. Common Usable Open Space per Dwelling Unit – SCMC 24.10.750.1.d
4. Private Open Space per Dwelling Unit – SCMC 24.10.750.1.d
5. Maximum Building Length – SCMC 24.12.185.3.b
6. 15’ wide sidewalk – SCMC 24.12.185.4.a.ii
7. 15’ wide sidewalk – SCMC 24.12.185.5.e
8. Rear yard landscape buffer – SCMC 24.12.185.8.b.iii
9. Open Space – SCMC 24.12.185.9.a.i
a. Usable open space per unit
b. Private open space per unit
10. Neighborhood Transition – SCMC 24.12.185.10.a.i
11. Building Modulation – SCMC 24.12.185.12.a
12. Unfenestrated elevations – SCMC 24.12.185.15.f
13. Common Open Space per FDU – SCMC 24.12.1530.1
14. Floor Area Ratio – 2030 General Plan
15. Watercourse Development Setback – Citywide Creeks and Wetlands Management Plan California Government Code Section 65915 et Seq. (State Density Bonus Law) allows projects that reserve at least 15-percent of the base density units for very low income households to request up to three incentives/concessions from standards, if the applicant provides reasonable documentation showing that the requested concession results in actual and identifiable cost savings to the project to provide for affordable rents. The applicant requests one incentive/concession to allow for the use of vinyl windows where the City’s Objective Standards Ordinance prohibits vinyl windows on mixed use buildings over three stories in height as it will result in identifiable cost savings to the project to provide for affordable rents.
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Potential Future Development of ADUs
Like all multi-family property in the state, this project is entitled to create ADUs in addition to the units proposed, as a ministerial action. Up to 25-percent of the total number of units (for this project, a total of 57) can potentially be created by converting non-livable space, and up to two New Construction ADUs can also potentially be built. ADUs are not counted towards density on a project.
Health in All Policies (HiAP)
HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars:
equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The project supports the pillar of equity by providing rental units, 17 units designated very-low income, five units designated low-income, and 17 units designated moderate-income (subject to changes as required by formal determination from HCD), available to those who would otherwise not be able to afford market rate housing. The development is on a site that is improved with sidewalks and street trees and that is in close proximity to public transportation, public parks and open space, commercial goods and services, and recreational areas. The development of residences in this central location encourages a sustainable and healthy lifestyle by promoting alternative forms of transportation. Therefore, the project is considered to be consistent with the three pillars of the HiAP and is recommended as an efficient use of the land.
COMMUNITY OUTREACH
The Planning Department considers the project a significant development project, which required a community meeting. The applicant held a community meeting on May 20, 2024, after the review of the SB330 preapplication. Approximately 66 members of the public attended the virtual meeting. Attendees expressed a range of concerns including traffic and parking impacts to the neighborhood, building design, and concerns about compatibility of the proposed building height with surrounding buildings. Several attendees spoke in support of the project, expressing support for affordable units and the design of the building. Numerous comments were made regarding the design, height and massing of the building at the community meeting.
After the community meeting, planning staff strongly encouraged the applicant to incorporate three key design recommendation items into the formal submittal that the City feels strongly will be beneficial for the project overall, the neighborhood and greater community of Santa Cruz:
1. Include a connection of the bike path from May Avenue to Ocean Street;
2. Enlarge the proposed commercial space to meet the City’s Objective Design Standards for active frontage; and,
3. Improve the design of the rear of the building.
(See the following link:
https://www.cityofsantacruz.com/home/showpublisheddocument/100188/638532670218330000)
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As a result of these comments, the applicant revised the design of the rear façade to provide a higher quality design on the east elevation facing the single-family homes by incorporating building modulations, changes in material, window trims, other architectural elements, and landscape planters that meet the City’s Objective Design Standards.
In response to the City’s concerns about the size of the commercial space, the applicant revised their formal submittal to meet the City’s Objective Design Standards for active frontage. The C-C zone district is intended to provide locations throughout the community for a variety of commercial and service uses for residents of the city and the region. New development is encouraged to incorporate uses for active frontage along the site frontage. As such, by meeting the Objective Design Standards for active frontage (such as providing minimum 50-percent of the project’s frontage to the commercial space with a minimum average depth of 25 feet), the project achieves many important policies in the General Plan and Ocean Street Area Plan that speaks to commercial uses.
The City also strongly encouraged constructing the bike path connection between May Avenue and Ocean Street as this will provide a key linkage for cyclists and pedestrians. The Branciforte Creek multi-use path runs adject to Branciforte Creek. Many portions of the trail are paved, facilitating active transportation through the Ocean Street area of Santa Cruz. The General Plan, Climate Action Plan, Municipal Code, Ocean Street Area Plan, and Active Transportation Plan all include policies supporting the improvement/continuation of the Branciforte Creek Trail.
Currently, the paved portion of the trail terminates at May Ave, north of the project site. This path connection is required per the new public connections section of the Objective Design Standards.
The applicant received the above input from the City and worked with City staff to arrive at a consensus for a variation to the Objective Design Standard in providing the bike path connection.
Instead of providing the bike path connection as part of this project, the applicant will instead be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites, thus, meeting the intent of the stated goal of the Objective Design Standard.
ENVIRONMENTAL REVIEW
The Class 32 categorical exemption applies to a proposed project fulfilling the following criteria:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
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SUBJECT: 530, 542, 548 Ocean St – CP24-0071
The proposed project complies with all of the foregoing criteria and demonstrates eligibility for a Class 32 Categorical Exemption as afforded by CEQA. The application exhibits consistency with General Plan and zoning designations, policies, and regulations, with a project site comprising 32,062 square feet (.736 acres) in size, below the maximum threshold of five (5) acres, located within city limits and surrounded by existing residential and commercial urban uses. As a previously-developed urban infill site, the subject lot holds no value as habitat for endangered, rare, or threatened species, with none known to exist on the site; development of the project would not result in any significant impact relating to traffic, noise, air quality or water quality as supported by the submitted information; and the site can be adequately served by all required utilities and public services. Therefore, the proposal qualifies for the Categorical Exemption found in CEQA Guidelines Section 15332, infill exemption.
None of the exceptions to the exemptions under Section 15300.2 apply to the project in that the project is not part of a larger project that could result in a cumulative impact, there are no unusual circumstances associated with the project or subject parcel, the project will not result in damage to resources associated with an officially designated scenic highway, the project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code related to Hazardous Waste Sites, and the project will not result in substantial adverse changes in the significance of a historical resource site in that there are no known historic resources on the property.
The property is located in an area mapped as potentially sensitive for archaeological resources under General Plan 2030. General Plan policy HA1.2.2 requires projects in this mapped area to complete an archaeological investigation that includes both archival research and site reconnaissance. A Preliminary Archaeological Reconnaissance of Parcels Report was prepared for the subject properties by Patricia Paramoure, dated July 23, 2024, to determine the presence or absence of any significant cultural resources. No evidence of precontact archaeological resources was observed during the field reconnaissance of the parcels but visibility was extremely limited due to the buildings and pavement. Based on the results of the archival research, it is possible that potentially significant historic-era archaeological resources will be found on the parcels. As such, it is recommended that the property owner retain the services of an archaeologist that meets the Secretary of the Interior Standards to compose an Archaeological Monitoring Plan and to manage archaeological monitoring of excavations involved with this project. Construction related soil disturbance shall be monitored by qualified archaeologists. Construction excavations shall be initially conducted with flat edged soil disturbance equipment to minimize the impacts to possible buried archaeological resources. Conditions of approval have been included to require compliance with the recommendations of the Archaeological Report and archaeological monitoring. The applicant will stop work if excavation results in discovery of an archaeological resource.
SUMMARY
The project is consistent with land uses envisioned in the 2030 Santa Cruz General Plan, Ocean Street Area Plan, and aligned with several General Plan and 6th Cycle Housing Element goals and policies. The project is consistent with the C-C zone district standards and Objective Design Standards, except as modified through incentives/concessions and waivers allowed under State Density Bonus Law, and variations to the Objective Design Standards. Therefore, Staff recommends approval of the project based on the Findings listed below and the Conditions of Approval in the attached Exhibit A.
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FINDINGS
Nonresidential Demolition Authorization Permit, Section 24.08.1230.3
1. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.
A Historic Report was prepared for 530 Ocean Street by historian Edward Yarbrough of Yarbrough Architectural Resources regarding the existing buildings and history of the property.
The two buildings on 530 Ocean St were built in 1936 as residences, and repurposed as commercial rental buildings in the mid-20th century with significant exterior alterations to the building fronting Ocean Street. A DPR-523 Form was prepared by Connor Turnbull for 548 Ocean Street. The building on 548 Ocean Street was constructed in 1963 for a physical therapy practice, with a significant remodel and addition occurring in 1983. The reports find that the subject properties do not display a level of historical significance or integrity that would qualify it for listing as a historic resource on the National Register of Historic Places, the California Register of Historical Places, or the City of Santa Cruz Historic Building Survey. The sites are not associated with any important historic events or patterns of history, are not associated with any historic people, and the architecture of the buildings are not notable and contain almost no character-defining features. Thus, the structures are not eligible for listing on the City Historic Building Survey.
The building at 542 Ocean Street was built in 1991. As such, it is less than fifty years old and does not require a nonresidential demolition authorization permit.
2. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.
The proposed mixed-use project is being approved concurrently with the approval to demolish the subject buildings.
3. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.
This finding is not applicable as the properties have been determined to not be eligible for listing.
4. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed in accordance with the California Environmental Quality Act, and the zoning administrator can make a finding of overriding consideration that the replacement
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project will have public benefits which will outweigh the impact of loss of the historic resource.
It has been determined that the properties do not qualify as historic resources. Therefore, this finding does not apply.
Lot Line Adjustment, Section 23.12.010.1(b)
5. The parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, any applicable coastal plan, zoning and building ordinances.
The lot line adjustment will combine three (3) existing parcels (010-011-16, 010-011-31, and 010-011-30) into one 32,062 square foot parcel, exceeding the minimum lot size of 5,000 square feet as established in Municipal Code Section 24.10.750. By merging the three parcels, the lot-line adjustment will form one lot of adequate size to facilitate site intensification and development of a commercial/residential mixed-use building and encourage “a harmonious mixture of a variety of commercial and residential activities”. The purpose of the Ocean Street Area Plan is to revitalize the Ocean Street corridor and create a vibrant gateway to Santa Cruz that reflects the city’s unique character. The Ocean Street Area Plan calls out opportunity sites noting that there is potential for more intensive development on several larger sites and the potential to combine adjacent parcels that have the same owner, which is what is being proposed on these three parcels. The consolidation of the three lots will result in a lot area that can accommodate the scale and size of a mixed-use project that will provide a desirable street character that welcomes both pedestrian and vehicular access while maintaining a harmonious balance between local- and visitor-serving commercial uses and adjoining residential neighborhoods.
6. A greater number of parcels than originally existed are not created by the lot line adjustment.
The lot line adjustment will combine three (3) contiguous parcels, as tabulated below, to result in one (1) merged parcel; therefore, no new parcels will be created as a result of the lot line adjustment.
Parcel No. Address Existing Size Proposed Size
010-011-16 530 Ocean Street 6,000 sq. ft. 32,062 sq. ft. 010-011-31 542 Ocean Street 14,400 sq. ft.
010-011-30 548 Ocean Street 11,662 sq. ft.
Watercourse Development Permit, Section 24.08.2190
7. The development and the project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan.
The project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan with the approval of the Density Bonus waiver to the required creek development setback (50 feet measured from the centerline of the creek) and incorporation of the
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recommendations in the biological report as conditions of approval. The stretch of Branciforte Creek adjacent to the site is an open channel, with sides of the channel being vertical and comprised of concrete, with no riparian vegetation present. To provide flood protection, the channel was designed to operate optimally when there is no sediment or trees.
The property supports one plant community type, which is non-native landscaping. A biological report prepared by Kathleen Lyons dated August 8, 2024 was submitted to identify sensitive biotic resources within the project area and evaluate the proposed project relative to such resources. The report found that the value of the project site to native wildlife is limited due to its developed, urban condition and fragmented vegetation. The close proximity of Branciforte Creek, which provides a year-round source of water, adds value to the project site’s landscaping, however, this value is moderated by the lack of vegetative cover along the creek edge. Additionally, the existing structure is located at the edge of the 30-foot riparian corridor and currently extends into the creek’s development setback and management areas. No suitable habitat is present due to the lack of suitable sandy substrate and the built condition of the site. No special status wildlife species are known or expected to occur within the project area. Two special status wildlife species may occur in adjacent areas, however, no direct impacts to these species are expected as Branciforte Creek is not located within the project area.
The mixed-use building is proposed to be located within the development setback of the watercourse (50 feet measured from the centerline of the creek), but outside of the riparian corridor setback (30 feet measured from the centerline of the creek). As such, the proposed building will be encroaching approximately 16.2 feet into the development setback. The proposed building is to be located within the footprint of the existing building. The proposed development will have no new impact to land within the development setback. The proposed building within the development setback would encompass approximately 1,245 square feet, which is less than the current building footprint of approximately 1,415 square feet. The biological report recommends that the applicant avoid the use of non-native plant species within the development setback area and encourage planting of native species, which is consistent with the City-Wide Creeks and Wetlands Management Plan. The applicant’s landscape plan shows plantings of native species within the setback area, consistent with the City’s standards.
8. That the development is permitted per Section 24.08.2150 or that the zoning administrator has determined that the project is in substantial conformance with the listed permitted uses.
With the building proposing to encroach into the 50-foot development setback area measured from the centerline of the creek, the City-Wide Creeks and Wetlands Management Plan would require the issuance of a Watercourse Variance. However, with the project including a Density Bonus, a waiver to the creek setback is being requested in place of the Watercourse Variance. Similar to the requirements of a Watercourse Variance, the biological report evaluated the potential impacts of the project on the creek. Appropriate conditions of approval are included to avoid the use of non-native plant species in the development setback area and encourage planting of native species, improving water quality and flow with implementation of proper erosion control and best management practices. Therefore, the
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development is permitted with the issuance of a Watercourse Development Permit and Density Bonus waiver to the creek development setback.
9. That the development complies with the applicable watercourse development standards stated in Section 24.08.2180.
A biological report was prepared by Kathleen Lyons in August of 2024 with the focus of the assessment being to identify watercourse setbacks and sensitive biotic resources within the project area and evaluate the proposed project relative to the resources. The report recommends measures consistent with the applicable watercourse development standards stated in Section
24.08.2180 which have been included as conditions of approval.
10. That the project has met the requirements of all other reviewing agencies including but not limited to state and federal government requirements.
The limit of the development is outside of state and federal government jurisdiction and therefore is not required to meet state and federal requirements.
Design Permit, Section 24.08.426
11. With the exception of the standards of Section 24.12.185 for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.
The subject property is located in the C-C (Community Commercial) zone district and has a General Plan land use designation of MXVC (Mixed-use Visitor Commercial), which is intended to encourage high-quality visitor-serving commercial development along Ocean Street, but also accommodates other multi-story commercial development, such as office buildings. The MXVC designation allows a density range of up to 55 dwelling units per acre allowed within the maximum of 2.75 Floor Area Ratio (FAR). Per the State Density Bonus Law, “maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density is generally determined by using a dwelling units per acre calculation. Mixed residential and commercial/office developments involving commercial uses on the ground floor and multiple dwellings above are principally permitted in the C-C zone district.
Consistent with the General Plan density range and the C-C zone district, the subject properties have a base density of 41 conventional dwelling units (i.e. apartments). The applicant, however, is proposing a combination of apartments and Flexible Density Units (FDUs). FDUs are allowed to exceed the maximum densities in the General Plan per General Plan policy LU3.8 and are principally permitted in the C-C zone district. In situations where a maximum density range is not provided in the zone district or general plan, Section
43.383
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
24.16.255(6) of the Zoning Ordinance allows residential density to be calculated based on a project put forward by the applicant that meets all applicable development standards. To determine the number of FDUs permitted on site, the applicant prepared a base density plan to determine the maximum allowable residential density incorporating a mix of apartments and FDUs (see Sheet GP0.08 of the project plans – Attachment 2). As such, a total of 113 residential units is the base density allowed (77 FDUs and 36 apartments). With a 100- percent density bonus, the project proposes a total of 225 residential units (155 FDUs and 70 apartments).
The proposed mixed-use project is consistent with the policies of the General Plan, including the following:
• Land Use Development Policy LU3.3.1 - Discourage strip commercial development in favor of clustered commercial and mixed-use development along transit corridors.
• Land Use Development Policy LU3.7 - Encourage higher-intensity residential uses and maximum densities in accordance with the General Plan Land Use designations.
• Land Use Development Policy LU3.7.1 - Allow and encourage development that meets the high end of the General Plan Land Use designation density unless constraints associated with site characteristics and zoning development standards require a lower density.
• Land Use Development Policy LU3.8 - Allow the following residential uses to exceed the maximum densities in this chapter: Flexible density units (FDU) and Density bonus units.
• Land Use Development Policy LU4.1.1 – Support compact mixed-use development Downtown, along primary transportation corridors, and in employment centers.
• Land Use Development Policy LU4.1.3 – On major corridors, encourage mixeduse development, especially projects with priority for commercial uses that can provide services to the adjacent community.
• Community Design CD3.3 – Encourage the assembly of small parcels along transit corridors to achieve pedestrian-oriented development compatible with neighborhoods.
• Community Design CD4.2.1 – Where possible, site buildings at the street frontage and place parking areas away from street corners and to the rear of buildings.
• Community Design CD4.4 – Improve the building design and streetscape along the Ocean Street corridor to emphasize its role as a gateway. • Community Design CD5.1 – Create a well connected street and pedestrian network.
• Community Design CD5.2 – Require new development to include elements that relate to the pedestrian scale.
• Mobility Development Policy M1.1 - Reduce automobile dependence by encouraging appropriate neighborhood and activity center development.
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AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
• Mobility Development Policy M1.3 - Create pedestrian-friendly frontage and streetscapes and attractive pedestrian-oriented areas.
• Mobile Development Policy M4.4 – Assure a high level of bicycle user amenities.
• Economic Development Policy 5.3 – Support neighborhood commercial and mixed-use development along the city’s transportation corridors. • Hazards, Safety and Noise Policy HZ3.2.2 – Establish Ldn noise level targets of 65 dBA for outdoor activity areas in new multifamily residential developments. • Hazards, Safety and Noise Policy HZ3.2.3 – Require that interior noise in all new multifamily housing not exceed an Ldn of 45 dBA with the windows and doors closed.
• Hazards, Safety and Noise Policy HZ6.4 – Avoid or reduce the potential for life loss, injury, and property and economic damage from flooding. • Housing Element Policy 2.1 - Encourage the production of affordable rental and ownership housing through inclusionary requirements.
• Housing Element Policy 2.2 - Facilitate the development of affordable housing through the provision of regulatory concessions, financial incentives and assistance, density bonuses, and other means.
The property is located in an area mapped as potentially sensitive for archaeological resources under General Plan 2030. General Plan policy HA1.2.2 requires projects in this mapped area to complete an archaeological investigation that includes both archival research and site reconnaissance. A Preliminary Archaeological Reconnaissance of Parcels Report was prepared for the subject properties by Patricia Paramoure, dated July 23, 2024, to determine the presence or absence of any significant cultural resources. No evidence of precontact archaeological resources was observed during the field reconnaissance of the parcels but visibility was extremely limited due to the buildings and pavement. Based on the results of the archival research, it is possible that potentially significant historic-era archaeological resources will be found on the parcels. As such, it is recommended that the property owner retain the services of an archaeologist that meets the Secretary of the Interior Standards to compose an Archaeological Monitoring Plan and to manage archaeological monitoring of excavations involved with this project. Construction related soil disturbance shall be monitored by qualified archaeologists. Construction excavations shall be initially conducted with flat edged soil disturbance equipment to minimize the impacts to possible buried archaeological resources. Conditions of approval have been included to require compliance with the recommendations of the Archaeological Report and archaeological monitoring. The applicant will stop work if excavation results in discovery of an archaeological resource.
The project sites are located within the Ocean Street Area Plan (OSAP), which encourages developments such as this. The purpose of the OSAP is to revitalize the Ocean Street corridor and create a vibrant gateway to Santa Cruz that reflects the city’s unique character. The OSAP calls out opportunity sites noting that there is potential for more intensive development on several larger sites and the potential to combine adjacent parcels that have the same owner, which is what is being proposed on these three parcels. The consolidation of the three lots will result in a lot area that can accommodate the scale and size of a mixed43.385
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
use project. The project also meets the following areawide land use and redevelopment strategy plan policies:
• Goal CD-O1.1 – Encourage pedestrian-oriented development that will enhance the overall architectural quality of buildings along Ocean Street. • Goal CD-O1.2 – Require all proposed development to follow the Design Standards and Guidelines in this Area Plan.
• Goal CD-O1.3 – Encourage assembly of small parcels into larger sites that allow for high-quality development.
• Goal CD-O2.3 – Require new development to minimize impacts relating to parking, loading, traffic, noise, mechanical equipment, and lighting on adjacent residential neighborhoods to the greatest extent possible.
• Goal CD-O2.4 – Ensure that all sides of buildings, including rear facades, are welldesigned with high quality materials and attention to detail. • Goal CD-O3.1 – Encourage development that provides wider sidewalks, outdoor seating or displays, and other features that improve the pedestrian environment on Ocean St. • Goal CD-O3.2 – Improve the appearance of Ocean Street’s public right-of-way. • Goal LU-O1.2 – Promote a mixture of retail shops, offices, residential uses, and visitor services that complement one another and contribute to an active pedestrian environment. • Goal LU-O1.3 – On the ground floor of buildings along Ocean Street, encourage retail shops, personal services or other uses that foster pedestrian activity. • Goal M-O1.2 – Encourage use of alternative modes of transit.
Aside from the requested waivers and incentives/concessions allowed under State Density Bonus Law and variations to the Objective Design Standards Ordinance allowed by the Zoning Ordinance, the project meets the site development standards as required in the City’s Zoning Ordinance, including the C-C zone district requirements, objective design standards, parking design requirements, and so on. Attachment 3 of the Zoning Administrator Staff Report includes a checklist documenting how the Objective Design Standards are met. The subject property is not located within the Coastal Zone.
12. For each standard of Section 24.12.185 for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section 24.12.185.
The project is proposing to vary from two objective design standards as explained below.
Variation #1: SCMC24.12.185.5.c. states that regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.
43.386
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
The Branciforte Creek multi-use path runs adject to Branciforte Creek. Many portions of the trail are paved, facilitating active transportation through the Ocean Street area of Santa Cruz.
The General Plan, Climate Action Plan, Municipal Code, the Ocean Street Area Plan, and the Active Transportation Plan all include policies supporting the improvement/continuation of the Branciforte Creek Trail:
• General Plan Policy CD3.1: Develop and maintain physical and visual linkages between key areas in the city.
• General Plan Policy M1.1.2: Connect activity centers with bicycle and pedestrian paths.
• General Plan Policy M1.1.3: Implement pedestrian and bicycle improvements that support transit ridership.
• General Plan Policy M3.3.5: Require new development to be designed to discourage through traffic in adjacent neighborhoods and to encourage bicycle or pedestrian connections.
• General Plan Policy PR4.1.1: Provide trails for a range of uses. • Ocean Street Area Plan Goal CD-O3: An attractive streetscape that encourages pedestrian activity.
• Ocean Street Area Plan Goal CD-O3.1: Encourage development that provides wider sidewalks, outdoor seating or displays, and other features that improve the pedestrian environment on Ocean Street.
• Ocean Street Area Plan Goal M-O1.2: Promote a safe and well-connected bicycle network between Ocean Street and other parts of the city. • Climate Action Plan Measure T1.5 Equitable Active Transportation Access: Build new infrastructure that provides equitable access to safe bicycle and pedestrian pathways throughout the City, prioritizing frontline neighborhoods. • Active Transportation Plan Project 38 (Branciforte Creek Bike Path – May Avenue to Ocean Avenue): Pave and connect to Ocean St.
This improvement would further several important policies of the City and provide a valuable benefit to the community, as well as residents who commute by bike. Instead of providing the bike path connection as part of this project, the applicant will instead be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian and bicycle access. Further, since the site upon which the bike path connection is located is under public ownership, the improvement is more likely to occur in the near future, meeting the intent of the stated goal of the Objective Design Standard.
Variation #2: SCMC 24.12.185.6.e.ii. states that entries to ground floor uses shall be placed at an average of every 50 linear feet or less of building frontage, with exemptions provided for food and beverage stores, medical/health offices and lodging in areas designated MXVC in the 2030 General Plan.
43.387
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
The goal of this objective design standard is to ensure that new development is pedestrianoriented and provides ground floor uses that activate the public realm. It is infeasible for the project to provide the number of requested building entries because of accessibility requirements given the grade difference between the finished floor of the building and the elevation of the public sidewalk along Ocean Street. The subject properties are located within a 100-year floodplain. As such, the project proposes to raise the building’s footprint out of the floodplain. The difference between the building’s ground floor and Ocean Street sidewalk is 2 feet to 2.5 feet across the site. Accessible ramps are required to provide code-compliant building access from the public sidewalk at its existing grade. Additional ramps would interfere with other required elements, such as landscaping and bike parking. Instead, the project proposes to provide benches and plantings to create welcoming residential and commercial entries that will create a better pedestrian-experience along the new building frontage. Additionally, across the 265-foot building frontage, there are five entries proposed with an average placement of 53-feet, which is close to the required 50-foot spacing. The project also meets the objective design standards of active frontage, including ensuring that the ground floor commercial space is at least 50-percent of the entire building frontage, and provides an average depth of at least 25-feet. Therefore, the alternative design meets the intended stated goal of the objective standard as the project is pedestrian-oriented and provides ground floor uses that activate the public realm.
Heritage Tree Removal Permit, Section 9.56.060
13. A heritage tree or shrub, as defined in Chapter 9.56 of the City of Santa Cruz Municipal Code shall only be altered or removed in the following circumstances:
1. Alteration of a heritage tree or shrub would only affect less than twenty-five percent (25%) of the crown of said heritage tree or heritage shrub;
2. Findings by the Director of Parks & Recreation can be established in conformity with the City’s Urban Forest and Wildland Interface Policy Statement;
3. One or more of the following findings are established by the applicant and confirmed by the Director of Parks & Recreation:
1. The heritage tree or heritage tree shrub has, or is likely to have, an adverse effect upon the structural integrity of a building, utility, or public or private right of way;
2. The physical condition or health of the tree or shrub, such as disease or infestation, warrants alteration or removal;
3. A construction project design cannot be altered to accommodate existing heritage trees or heritage shrubs.
Removal, rather than alteration, of trees is proposed. An arborist report dated April 30, 2024, prepared by Kurt Fouts, Certified Arborist, includes an assessment of the trees within the project area, condition of the trees, and recommendations for retention or removal of the trees. There are six Heritage-sized trees, three of which are on the subject property fronting Ocean St, and the other three are on adjacent properties with canopies overhanging the subject properties. The arborist report recommends removal of five Heritage-sized trees (three Palm trees, one Cypress tree and one Cedar tree) as the construction project design cannot be altered to accommodate the five Heritage-sized trees. The arborist report includes recommendations for planting of replacement trees at a ratio of three 15-gallon replacement
43.388
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
trees or one 24-inch box trees per Heritage-tree removed. The City Arborist has reviewed the submitted report and has expressed no concern regarding its methodology or findings.
Sign Permit, Section 24.08.530
14. The sign plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical development. If located in the Coastal Zone, the sign plan shall also be consistent with policies of the Local Coastal Program.
The signage is consistent with the goals and physical development policies of the 2030 General Plan, Ocean Street Area Plan, and the Zoning Ordinance. The applicant is proposing two non-commercial wall signs located on the tallest portion of the side elevations of the building. The proposed square footage of each sign is approximately 66.3 sq. ft. Per Zoning Ordinance Section 24.12.350.5, non-commercial signs containing non-commercial messages may be erected in conformity with this part in all districts. This sign is for the name of the mixed-use building, ArtHaus. The signs are consistent with the Ocean Street Area Plan Sign Criteria, including the following:
• Design of the sign is simple and easy to read.
• Signs are attached to the wall and do not project above the eave line of the building. • Signs include colors and materials that relate to the architectural character of the site’s building and are not designed to obscure or conceal architectural elements. • Where internally illuminated lettering is used, only individual letter signs shall be permitted.
• Where individual letters are used, letters are three dimensional.
The project is not within the Coastal Zone.
15. Design of signs shall respect design principles in terms of maintaining a balance of scale, form and proportion. Location of signs shall take into account maintenance of public views.
The two wall signs will be mounted to the face of the building, along the side elevations and will not conflict with public views. The signs consist of letters that are 3’-7” tall and a total length of 18’-6”. The area of the proposed signs are 66.3 sq. ft. each. With the side elevation building façade being more than 1,000 sq. ft., the size of the sign is appropriate to the area of the wall per the Municipal Code. The signs are mounted to the tallest portion of the building wall and is proportional to and in scale with the building.
16. The size and location of signs shall not obstruct visibility or the safe movement of pedestrians or vehicles and shall not encroach on paths of travel or other site features that were/are established for compliance with the Americans with Disabilities Act (ADA).
The two wall signs are stationary and located on the tallest part of the side elevation facade.
The sign will be internally illuminated, with the internal illumination limited to illuminated
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AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
lettering with an opaque background; therefore, the signs will not visually impact vehicular traffic or encroach onto paths of travel or other site features required for compliance with ADA.
17. Signs shall avoid dominating the site and/or existing buildings on the site or overwhelming the buildings or structures to which they are attached. Multiple signs on a given site should be of a consistent theme.
The two wall signs will be mounted flat, one on each side elevation of the building and will consist of the building name only. The wall sign will project 4.5 inches from the wall face.
The wall signs will not dominate or overwhelm the building façade as the façade is significantly larger than the proposed wall sign.
Density Bonus Section 24.16.270.2
18. The housing development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or modified parking standards requested; conforms to all standards for affordability included in this section; and includes a financing mechanism for all implementation and monitoring costs.
The project is subject to the inclusionary housing requirement in Zoning Code Section
24.16.020(5)(a), “Rental residential developments that would create five or more new or additional dwelling units or live/work units at one location shall provide twenty percent of the dwelling units as inclusionary units, which shall be made available for rent to low income households at an affordable rent.”
With a base density of 113 units, 22 (20-percent) of the residential units will be required to be provided as inclusionary affordable housing units at the low income level (80% AMI). As per Municipal Code Section 24.16.225(3), an applicant for a density bonus project may seek three incentives or concessions for housing developments where at least thirty percent of the total units are affordable to lower-income households, at least fifteen percent of the total units are affordable to very-low-income households, or at least thirty percent of the total units in a common interest development are available to moderate-income households at affordable ownership costs. Therefore, in order to seek three incentives and concessions for the project, as well as meet the inclusionary housing requirement, the applicant is proposing 17 residential units (15-percent of the total units) to be provided as the inclusionary affordable housing units at the very-low income level (50% AMI). In order to meet the 22 units required as per the City’s Inclusionary Ordinance, the applicant is proposing to provide an additional 5 units at the low income level (80% AMI). A condition of approval will be included that allows for this to change based on any formal determination made by the State Department of Housing and Community Development (HCD).
A condition of approval has been included that the applicant shall comply with the inclusionary housing requirements set forth at SCMC Chapter 24.16 Part 1, and shall enter into and record an affordable housing development agreement prior to issuance of a building permit.
43.390
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
According to Government Code Section 65915(f)(2), if 15-percent of the total conforming base density is designated very-low income, development projects then qualify for a 50- percent density bonus. Because the applicant is requesting 17 residential units to be provided as affordable housing units at the very-low income level, the applicant is eligible for a 50- percent density bonus. Per Government Code Section 65915(v)(2), the applicant is further eligible for a second density bonus of 50-percent if they provide an additional 15-percent of the total conforming base density designated moderate-income. By providing 17 residential units designated very-low income, and 17 residential units designated moderate-income, the project is eligible and proposes to use a 100-percent density bonus project, resulting in a 225 residential unit project. This project is, therefore, eligible to receive three incentives or concessions, and unlimited waivers. All financing mechanisms for implementation and monitoring costs will be provided by the applicants.
19. Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs based upon appropriate financial analysis and documentation if required by Section 24.16.255.
The applicant requests one incentive/concession to allow for the use of vinyl windows where the City’s Objective Standards Ordinance prohibits vinyl windows on mixed use buildings over three stories in height. Section 24.12.185.16(c) of the Objective Standards Ordinance prohibits use of vinyl windows on any mixed-use building over three stories in height. Vinyl windows cost less than metal and/or wood framed windows. The applicant requests a concession to use vinyl windows as it will result in identifiable cost savings to the project to provide for affordable rents.
20. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Section 24.16.230.
The project is not based on dedication of land; therefore, this finding does not apply.
21. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care center, the development conforms to the standards included in Section
24.16.235.
The project does not include a child care center; therefore, this finding does not apply.
22. If the density bonus incentive or concession is approved for a condominium conversion, the development conforms to the standards included in Section 24.16.240.
The project does not include a condominium conversion; therefore, this finding does not apply.
23. If the incentive or concession includes mixed-use buildings or developments, the nonresidential land uses will reduce the cost of the housing development and the proposed nonresidential uses are compatible with the housing development and with existing or planned development in the area where the proposed housing development will be located.
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AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
The above finding is inapplicable, as the project does not include any requests for incentives/concessions for the allowance of a mixed-use building or development. The proposed incentive/concession is regarding the use of vinyl windows. As such, this finding is not applicable.
24. If a waiver or modification is requested, the applicant has shown that the development standards for which the waiver or modification is requested will have the effect of physically precluding the construction of the housing development at the densities or with the incentives or concessions permitted by this Part 3.
The project requests waivers from a total of fifteen development standardsthat would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the incentives/concessions requested, which are described below:
Development Standard Explanation
1. Building height and stories (SCMC
24.10.750.1.a): 45 feet and 3 stories
required.
Increase in building height is required to
accommodate the proposed housing
development with the density bonus units.
2. Rear yard setback (SCMC
24.10.750.1.c): Not less than the minimum
yard required for the adjacent yard in the RL zone district, which is 10 feet.
3. Maximum Building Length (SCMC
24.12.185.3.b): Maximum building length
shall be dictated by required setbacks and
parcel dimensions.
Reduced rear yard setback of 1’-1” is required,
which is intended to maximize use of available
land in order to accommodate the proposed
residential density.
4. Common Usable Open Space per
Dwelling Unit (SCMC 24.10.750.1.d):
5,600 sq. ft. required
5. Private Open Space per Dwelling Unit
(SCMC 24.10.750.1.d): 2,800 sq. ft.
required
6. Open Space per Objective Design
Standards (SCMC 24.12.185.9.a.i)
a. Usable open space per unit: 4,500 sq.
ft. required
b. Private open space per unit: 9,000 sq.
ft. required
7. Common Open Space per FDU (SCMC
24.12.1530.1): 23,250 sq. ft. required
The proposed project includes 4,280 sq. ft. of
common open space, which is located in an
open courtyard on the second level of the
proposed building; 2,770 sq. ft. of private open
space; and 2,593 sq. ft. of common indoor
space. To comply with the open space
requirements, the project would need to be
downsized, either through downsizing units, or
through elimination of parking spaces or
residential amenity areas, which a local agency
cannot require a project to do. The subject
property is located within walking distance to
San Lorenzo Park which is located west of the
subject properties. As such, although the open
space requirements are not met on site, the
project continues to provide some open space
on site, in combination with access to offsite
recreational opportunities so the residents have
the opportunity to enjoy open space.
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AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
8. 15’ wide sidewalk (SCMC
24.12.185.4.a.ii)
9. 15’ wide sidewalk (SCMC 24.12.185.5.e)
The project meets the 15-foot wide sidewalk
requirement along most of the frontage of the
property except near the southern end of the
site. Providing the 15-foot wide sidewalk at the
southern end of the site would require the
elimination of structural columns that support
the housing units above. If the project was
required to remove the columns, the project
would lose up to 15 units. The applicant has
maximized the width of the sidewalk in a
manner that does not reduce the number of
units.
10. Rear yard landscape buffer (SCMC
24.12.185.8.b.iii): 5-foot deep landscape
buffer required along the entire rear
property line.
Providing a landscape buffer along the entire
rear of the site in addition to fire department
access requirements would over-constrict the
buildable footprint of the site and would result
in the loss of residential units.
11. Neighborhood Transition (SCMC
24.12.185.10.a.i): Buildings shall not
intercept a forty-five-degree neighborhood
transition plane inclined inward from the
underlying setback, starting at a height of
thirty-five feet above grade.
If the project were required to provide the 45-
degree transition plane starting at a height of
35’ above grade, the project would lose
approximately 30 residential units, and the
proposed project would not be able to be built
with the density bonus units.
12.Building Modulation (SCMC
24.12.185.12.a)
The building elevations provide a plane change
at least every 30' where the change in
horizontal plane is 2' and is combined with a
change in material, with the exception of the
south elevation (Ocean Street-facing) where
only a 1' horizontal plane change is proposed.
The project could not be built as proposed
without the requested waiver.
13. Unfenestrated elevations (SCMC
24.12.185.15.f)
There are two portions of the building of the
East elevation which cannot accommodate
windows, balconies or glass doors because the
building extends to the property line. If the
Project were required to comply with this
standard, the Project would be required to lose
10 residential units. The length of these
elevations is 28'-6" and 32'-6".
14.Floor Area Ratio (2030 General Plan):
Maximum FAR is 2.75
Complying with the FAR required in the
MXVC designation would reduce the volume
of the building and result in a loss of units and
amenities, which would physically preclude
the construction of the proposed project with
the density bonus units.
43.393
AGENDA REPORT
ZA Meeting of March 5, 2025
SUBJECT: 530, 542, 548 Ocean St – CP24-0071
15.Watercourse Development Setback: 50-
feet development setback per the Citywide
Creeks and Wetlands Plan
Requiring the proposed project to meet the
watercourse development setback would result
in a loss of units and amenities, as well as
downsizing of the proposed building, which
would physically preclude the construction of
the proposed project with the density bonus
units.
25. If a commercial development bonus is requested, the project complies with the requirements of Section 24.16.258, the city has approved the partnered housing agreement, and the bonus has been mutually agreed upon by the city and the commercial developer.
The project does not request a commercial development bonus; therefore, this finding does not apply.
26. If the housing development or the commercial development is in the coastal zone, any requested density bonus, incentive, concession, waiver, modification, modified parking standard, or commercial development bonus is consistent with all applicable requirements of the certified Santa Cruz local coastal program, with the exception of density.
The project site is not located within the local coastal program, and, therefore, the above finding does not apply.
Submitted by:
Rina Zhou
Senior Planner
Approved by:
Eric Marlatt
Assistant Director
Planning and Community Development
ATTACHMENTS:
1) Exhibit A – Conditions of Approval
2) Project Plan Set
3) Objective Design Standards Checklist
4) Biological Report prepared by Kathleen Lyons dated August 8, 2024 5) Arborist Report prepared by Kurt Fouts dated April 30, 2024 6) Historic Report for 530 Ocean St prepared by Edward Yarbrough dated August 2024 7) Historic Report for 548 Ocean St prepared by Connor Turnbull dated August 2, 2024 8) Environmental Noise Assessment prepared by Luke Saxelby dated October 9, 2024 9) Geotechnical Investigation prepared by Langan Ca, Inc. dated January 26, 2024 10) Traffic Impact Study prepared by W-Trans dated November 7, 2024 11) Preliminary Stormwater Control Plan prepared by Angelo Obertello dated January 2025
43.394
Zoning District C-C
Number of Units (excl. ADUs) 51 or moreVariations Requested Requests 1-5 variations C-C
Community Commercial Filled out by City
Section Category Provision
City Review
Department
Complies with
Standard?
Requests DB
Waiver
Requests DB
Concession
Zoning Code
Section City Reviewer notes
Site Design Maximum Building Length
Front Yard Setback (feet):0 22 Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
Yes
24.12.185.3Zoning code sectionMU-M: 24.10.804MU-H: 24.10.814MU-OM: 24.10.824MU-OH: 24.10.834MU-VH: 24.10.844MU-VA: 24.10.854R1: 24.10.350R-T(A): 24.10.608R-T(B): 24.10.616R-T(C): 24.10.624R-T(D): 24.10.632R-T(E): 24.10.640C-C: 24.10.750C-T: 24.10.950C-N: 24.10.1050C-B: 24.10.1150P-A: 24.10.1250 A 0' setback is required from the property line which is met.
Site Design Maximum Building Length
Rear-yard Setback (feet):0 11 Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said RDistrict.
No Yes
24.12.185.3Zoning code sectionMU-M: 24.10.804MU-H: 24.10.814MU-OM: 24.10.824MU-OH: 24.10.834MU-VH: 24.10.844MU-VA: 24.10.854R1: 24.10.350R-T(A): 24.10.608R-T(B): 24.10.616R-T(D): 24.10.632R-T(E): 24.10.640C-C: 24.10.750C-T: 24.10.950C-N: 24.10.1050C-B: 24.10.1150P-A: 24.10.1250 A 10' minimum rear yard setback is required because the property abuts the R-L zone district, which requires a min. 10-foot setback. A waiver is requested to this requirement as meeting this requirement would physically preclude constructing the proposed project with the density bonus units.
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Site Design Maximum Building Length
Interior Side Setback (feet):0 11 Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said RDistrict.
Yes
24.12.185.3Zoning code sectionMU-M: 24.10.804MU-H: 24.10.814MU-OM: 24.10.824MU-OH: 24.10.834MU-VH: 24.10.844MU-VA: 24.10.854R1: 24.10.350R-T(A): 24.10.608R-T(B): 24.10.616R-T(D): 24.10.632C-C: 24.10.750C-T: 24.10.950C-N: 24.10.1050C-B: 24.10.1150P-A: 24.10.1250 There's no setback required on the interior side yard so this is met.
Site Design Maximum Building Length
Exterior Side Setback (feet):0 1,21 Except where yard abuts an R-District, then not less than the minimum yard required for the adjacent yard in the said RDistrict.2 Except where special street setback requirements for designated streets apply, then the setback shall not be less than the minimum setback listed in Section 24.12.115 for affected street.
Not Applicable
24.12.185.3Zoning code sectionMU-M: 24.10.804MU-H: 24.10.814MU-OM: 24.10.824MU-OH: 24.10.834MU-VH: 24.10.844MU-VA: 24.10.854R1: 24.10.350R-T(A): 24.10.608R-T(B): 24.10.616R-T(D): 24.10.632C-C: 24.10.750C-T: 24.10.950C-N: 24.10.1050C-B: 24.10.1150P-A: 24.10.1250 N/A
Site Design Walkability
Existing Public Connections:
All existing public streets, alleys, paths, paseos, trails, or other public pedestrian connections within the project site are maintained or relocated.
Not Applicable 24.12.185.4 (a)(i) N/A
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Site Design Walkability
Existing Public Connections:If within an Area Plan:Existing frontage improvements (i.e., bike lanes or sidewalks) will be maintained/repaired/upgraded as dictated by the applicable Area Plan.If no Area Plan applies:Existing frontage improvements (i.e., bike lanes or sidewalks) will be maintained as dictated by Section II.E Ground Floor Design of the Development Standards, or the requirements for sidewalk widths as defined in Chapter 15.20 of the Municipal Code.Note: Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement applies.Note: Decorative sidewalks may be required based on Area Plan standards. Installation of all sidewalks will be based on the standard details provided by the Department of Public Works.
No Yes 24.12.185.4 (a)(ii)
The 15' sidewalk is met for majority of the frontage, however, there are proposed structural columns supporting the housing units above that are located within the sidewalk. Removing those structural columns to provide the 15' wide sidewalk would cause the project to lose housing units. As such, a waiver is requested to not provide a 15' wide sidewalk at the south end of the site.
Site Design Walkability
Existing Public Connections:There is no reduction in the total number of connections through the site for cyclists and pedestrians.
Not Applicable 24.12.185.4 (a)(iii) N/A
Site Design New Public Connections
If site is identified by the Area Plan and the Area Plan requires a new public street, alley, path, paseo trail, or other public pedestrian connection:The new connection is incorporated into development/redevelopment proposal.
Not Applicable 24.12.185.5 (a) N/A
Site Design New Public Connections
If the site's street frontage length exceeds 400 feet along a single roadway, and a public connection is not required by an Area Plan: The project includes at least one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle 50 percent of the site.Note: Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement (See Figure 4 of Development Standards).
Not Applicable 24.12.185.5 (b) The site's street frontage is 277.21' so this is not applicable.
Site Design New Public Connections
If the property abuts a public street, alley, path, paseo, trail, or other public connection on a side or rear property line (excluding corner lots):
The project incorporates a connection between the parcel street frontage and that existing public connection. The connections allow clear passage during daylight or business hours as applicable, whichever is longer. Note: This standard shall not apply to corner lots.
Requests Alternate
Design 24.12.185.5 (c)
The City requires the bike path connection from May Ave to Ocean St. Instead of providing the bike path connection as part of this project, the applicant will instead be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites, thus, meeting the intent of the stated goal of the Objective Design Standard.
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Site Design New Public Connections
New pedestrian or bicycle connections (not including required street-side improvements such as sidewalks and on-street bike lanes) are at least 10 feet wide and a minimum of 80 percent open to the sky. Note: Standards for public or private streets must meet Department of Public Works design guidelines.
Requests Alternate
Design 24.12.185.5 (d)
The City requires the bike path connection from May Ave to Ocean St. Instead of providing the bike path connection as part of this project, the applicant will instead be responsible for their fair share cost (not to exceed $100,000) of the pathway improvements located within the maintenance access road adjacent to the project and the Branciforte Creek Channel, which will be paid prior to occupancy of the building. By paying the fair share cost, the applicant is contributing to the creation of the bike path connection, which will greatly benefit the community and the City by promoting pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites, thus, meeting the intent of the stated goal of the Objective Design Standard.
Site Design New Public Connections
For development or redevelopment on properties with street frontage:New/improved existing sidewalks installed in accordance with the requirements of:- any Area Plan,- the requirements of Section II.E Ground Floor Design, and- the requirements for sidewalk widths as defined in chapter 15.20Note: Where any inconsistency between standards exists, the wider sidewalk standard applies.
No Yes 24.12.185.5 (e)
The 15' sidewalk is met for majority of the frontage, however, there are proposed structural columns supporting the housing units above that are located within the sidewalk. Removing those structural columns to provide the 15' wide sidewalk would cause the project to lose housing units. As such, a waiver is requested to not provide a 15' wide sidewalk at the south end of the site.
Site Design Public Frontages
If a residential lobby is provided:The lobby shall be accessed from a public frontage.
Yes 24.12.185.6 (a) The residential lobby is accessible from Ocean Street.
Site Design Public Frontages
The ground floor along the public frontage consists of at least 50 percent Uses for Active Frontage as allowed in the underlying zone district. Note: On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Where required sidewalks are of equal width, this requirement shall apply to all frontages. Required sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
Yes 24.12.185.6 (c)
The Project's total length on the Ocean Street frontage is 265'. The building's design includes a ground floor commercial space along the Ocean Street frontage with a width of 132.9', which is 50% of the frontage so this is met.
Site Design Public Frontages
Uses for Active Frontage:Built to a minimum depth of at least 25 feet (measured perpendicular to the predominant building face, with the exception of areas for building ingress/egress and access to parking or loading areas).If more than one ground floor Active Frontage space is provided:The 25-foot minimum depth applies as an average depth of the total depth of all the Active Frontage spaces along the predominant building face.
Yes 24.12.185.6 (d)(i)
The commercial space has an average depth of 25.63'. The average depth for the commercial space was calculated by taking the total commercial square footage and dividing it by the commercial frontage. In this case, 3,394 GSF / 132.44 Ft = 25.63 Ft for the average depth.
Site Design Public Frontages
Uses for Active Frontage: No Mechanical rooms are placed along the public frontage. Mechanical rooms are located adjacent to a driveway or parking area.
Yes 24.12.185.6 (d)(ii) The mechanical and service rooms are provided interior of the project site.
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Site Design Public Frontages
Uses for Active Frontage:On lots with multiple public frontages (such as corner lots or double-frontage lots):Mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Where required sidewalks are of equal width, mechanical rooms are prohibited along all frontages. Note: Sidewalk widths are determined by considering any relevant Area Plan requirements and the requirements of Chapters 24.12 and Chapter 15.20. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
Not Applicable 24.12.185.6 (d)(iii) N/A
Site Design Public Frontages
Uses for Active Frontage: Active frontage uses are open and available to the general public.Note: Amenities provided to building residents do not qualify as Uses for Active Frontage unless they are also open and available to the general public.
Yes 24.12.185.6 (d)(iv) The commercial space will be open and available to the general public. The residential amenities are not counted towards the active frontage uses.
Site Design Public Frontages
Ground floor facing a public frontage:
If a corner lot:
100 percent ground floor commercial uses at the corner
Not Applicable 24.12.185.6 (e)(i) N/A
Site Design Public Frontages
Ground floor facing a public frontage:Entries to ground floor uses are placed every 50 linear feet or less on average (Except: Food and Beverage Stores, Medical/Health Offices; Loading in areas designated MXVC in the 2030 General Plan) Requests Alternate
Design 24.12.185.6 (e)(ii)
It is infeasible for the project to provide the number of requested building entries because of accessibility requirements given the grade difference between the finished floor of the building and the elevation of the public sidewalk along Ocean Street. The subject properties are located within a 100-year floodplain. As such, the project proposes to raise the building’s footprint out of the floodplain. The difference between the building’s ground floor and Ocean Street sidewalk is 2 feet to 2.5 feet across the site. Accessible ramps are required to provide code-compliant building access from the public sidewalk at its existing grade. Additional ramps would interfere with other required elements, such as landscaping and bike parking. Instead, the project proposes to provide benches and plantings to create welcoming residential and commercial entries that will create a better pedestrian-experience along the new building frontage. Additionally, across the 265-foot building frontage, there are five entries proposed with an average placement of 53-feet, which is close to the required 50-foot spacing.
Site Design Public Frontages
Ground floor facing a public frontage:
Residential or Commercial lobby has max 30 feet of frontage, or 50 feet if combined with an Active Use
Yes 24.12.185.6 (e)(iii) The proposed residential lobby is approximately 28-29' in width, which is less than the maximum 30'.
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Site Design Public Frontages
If ground floor residential units face a public frontage:The unit's entrance faces toward the public frontage and provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios).
Not Applicable 24.12.185.6 (g) N/A
Site Design Public Frontages
For entries facing a public frontage:Entries include Min. of 48 square feet of flat, unenclosed, covered area (projection or inset, or a combination of the two). (See Planning Code Section 24.12.120 for allowed projections into setback areas.) Yes 24.12.185.6 (h) Entries to the building on the ground floor include a minimum of 48 sq. ft. of covered unenclosed area, which meets this requirement.
Site Design Parking Location and Screening Off street parking and loading facilities, including bike parking requirements, provided as required in Section 24.12.200 et seq. Yes 24.12.185.7 (a) The applicant is voluntarily providing 84 parking spaces in parking stackers on their property. They are also providing the required number of Class 1 and Class 2 bike parking. The required number of parking spaces with EVSE installed is also being provided. Parking space dimensions are correct, and 24' of back-out space is providing behind parking stalls. The access to the parking facility is min. 20' so the parking design standards are met.
Site Design Parking Location and Screening
For projects including five or more dwelling units:There is no parking in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot (See Figure 5 of Objective Development Standards).
Yes 24.12.185.7 (b) No parking is proposed in front of the building on the Project Site.
Site Design Parking Location and Screening
If a residential projects with five or more dwelling units and podium parking:Parking Screening:The podium parking facing a public frontage is wrapped with Uses for Active Frontage (as allowed in the applicable zone district) or residential uses on all levels facing a public frontage to a depth of at least 18 feet average, as measured on each level perpendicular from the predominant building face. (Also see Sections 24.12.185.13 Corridor Frontage and 24.12.185.14 Ground Floor Design of the Objective Development Standards.) Yes 24.12.185.7 (c) All vehicle parking is provided behind at least 18' of active or residential uses on the ground floor.
Site Design Parking Location and Screening
If a residential projects with five or more dwelling units and tuckunder parking parking:Parking Screening:Tuck-under parking is entirely contained within the building and screened by garage doors. Where it faces a public frontage and is setback less than 15 feet from the public right of way, tuckunder parking is wrapped with active or residential uses to a depth of at least 18 feet average, measured perpendicular from the predominant building face. See Figure 6 of Objective Development Standards. (Also see Sections 24.12.185.13 Corridor Frontage and .14 Ground Floor Design.) Not Applicable 24.12.185.7 (c) N/A
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Site Design Parking Location and Screening
The entire perimeter of a surface parking area that fronts onto a side or rear yard (except the width of the access) is screened by:- buildings,- evergreen buffer landscaping to a minimum depth of 3 feet,- or fences that are at least 75 percent opaque. Fences or hedges are not greater than, nor allowed to exceed 8 feet in height on an interior side yard or rear yard, or 3.5 feet in height in a front or exterior side yard. (Also see Section 24.12.280.) Not Applicable 24.12.185.7 (c) N/A
Site Design Parking Location and Screening
In any multi-level parking structure, the exterior is fully screened, and automobile headlamps are shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area.
Not Applicable 24.12.185.7 (c) N/A
Site Design Parking Location and Screening
Driveways and approaches comply with:- The standards set forth in Municipal Code Sections 15.20 and 24.12.280; and- The driveway approach standard detail included with the public works standards in effect at the time of design review and designed in accordance with AASHTO Green Book sight distance standardsNote: Ingress/egress to driveway approaches may be limited based on the results of a Transportation Study.
Yes 24.12.185.7 (c) Proposed driveway meets the City's standards.
Site Design Landscape and Buffering
All public frontages incorporate 12 square feet of planted area per every 30 linear feet of building frontage.Note: Calculated by rounding up (i.e., if the frontage is 31 feet, 24 square feet of planted area is required) Yes 24.12.185.8 (b)
Only the landscaped areas within the property line can be counted along the frontage. Calculation of the landscaped areas within the property line exceed 108 sq. ft. so this requirement is met.
Site Design Landscape and Buffering
For sites that are ≥ 100 feet deep and abut a residentially zoned parcel at the rear of the property line: Landscape buffer, at least 5 feet deep, along entire rear property line.
No Yes 24.12.185.8 (b)(iii)
Providing a landscape buffer along the entire rear of the site in addition to fire department access requirements would over-constrict the buildable footprint of the site and would result in the loss of residential units. As such, a waiver is requested.
Site Design Landscape and Buffering Plants meet WELO standards (Ch. 16.16 of the Santa Cruz Municipal Code). Yes 24.12.185.8(b)(iv) A condition of approval is included that prior to building permit issuance, the building permit plans must show plants that meet the WELO standards.
Site Design Landscape and Buffering
Street Trees:Planted in, or within, 5 feet of the public right of way. Yes 24.12.185.8 (b)(v) 9 street trees are required and must meet street tree planting details. 6 street trees provided. The remaining 3 street trees are provided through planting 5 additional trees on site (in the permanent rooftop garden). A condition of approval is included that the street tree species must comply with the City approved Street Tree List and be planted per the Tree Planting Detail prior to building permit issuance.
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Site Design Landscape and Buffering
Street Trees:Planted at a rate of 1 tree per each 30 feet of site frontage.
Yes 24.12.185.8 (b)(v)
9 street trees are required and must meet street tree planting details. 6 street trees provided. The remaining 3 street trees are provided through planting 5 additional trees on site (in the permanent rooftop garden).
Site Design Landscape and Buffering
Street Trees:Trees are spaced sufficiently to accommodate the mature canopy of each specimen.
Yes 24.12.185.8 (b)(v)
Condition of approval is included that the building permit plans must show that the trees are sufficiently spaced to accommodate the mature canopy of each specimen to be approved by the City Arborist.
Site Design Landscape and Buffering
Refuse/Recycling Storage Facility:For all new multi-family and mixed-use residential projects with three or more housing units or any commercial development:Enclosures for refuse bins or dumpsters are provided Yes 24.12.185.8 (c) Public Works to review.
Site Design Usable Open Space A Min. 40 square feet of private open space is provided per dwelling No Yes 24.12.185.9 (a)(i) Waiver is requested to open space requirements because providing the open space requirements would result in a loss of units and would physically preclude constructing the proposed project with the density bonus units. Site Design Usable Open Space A Min. 20 square feet of common open space is provided per dwelling unit, orIf substituting common space for private open space:Common space to private space ratio: 2:1 (i.e., 80 square feet common open space to 40 square feet of private open space)
Not Applicable
24.12.185.9 (a)
This substitution is not used so N/A.
Site Design Usable Open Space
In all districts where residential uses are allowed:
Private usable open space is at least 4 feet in any horizontal dimension and common usable open space is at least 15 feet in any horizontal dimension.
Yes 24.12.185.7 (c) The private open space proposed complies with the required dimensions.
Site Design Usable Open Space Note: There is no limit to the percent of the required open space assigned to private balcony or patio areas. Yes 24.12.185.7 (c) This is a note.
Site Design Usable Open Space
At least 25 percent of the total common open space area is permanently landscaped with live plant material incorporating trees, shrubs, and groundcover.
Yes 24.12.185.7 (c) More than 25% of the second floor courtyard's common open space is provided as permanent landscaping.
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Site Design Usable Open Space
A minimum of three of the following features shall be
incorporated into common open spaces and maintained on the site:1. Fixed or moveable seating2. picnic-style tables3. Share trees (see allowances under 24.22.586, Open Space, Useable) or shaded canopy4. Community garden5. Flowering plants6. Native Habitat7. Play area for pets8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information9. Outdoor kitchen equipment or fire pit10. Children feets play equipment11. Sports courts12. Public art or interactive art, such as life-size chess game, sculpture, or murals
13. Spa, pool, or hot tub
Yes 24.12.185.7 (c)
The applicant advised that the Project's second floor courtyard incorporates the following design elements:1) fixed and moveable seating2) flowering plants3) an outdoor kitchen space4) a fire pit5) sculptural water feature Site Design Usable Open Space
Note: Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Municipal Code Section 24.12.150 Height Limits Modifications.
Not Applicable 24.12.185.7 (c) N/A
Site Design Usable Open Space
Note: Up to 30 percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other Active Use (i.e. not auto or bike parking). The space must be:- open to the sky- not less than 15 feet in any horizontal dimension- freely accessible to building residents without requirements to patronize the business use.Areas that are reserved exclusively for customers will not count toward required open space.
Not Applicable 24.12.185.7 (c) This substitution is not used so N/A.
Building Design Neighborhood Transition
If project site abuts an R-district:
Along any property lines that abut an R-district:Buildings do not intercept a 45-degree neighborhood transition plane inclined inward from the underlying setback, starting 35 feet above grade. See Figure 7 of Objective Development Standards.
No Yes 24.12.185.10 (a)(i)
Waiver is requested to the neighborhood transition requirements because meeting this section would result in a loss of units so it would physically preclude the construction of the project with the density bonus units.
Building Design Neighborhood Transition
If project site abuts an R-district:Along property lines that abut an R-district:Private or shared balconies and decks do not extend into an underlying setback.
Yes 24.12.185.10 (a)(ii) No balconies or decks are proposed within a setback.
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Building Design Neighborhood Transition
If project site abuts an R-district:
Along property lines that but an R-district:The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, is set back at least 3 feet from the building edge and any railings, shade structures, or accessory structures do not intersect the required neighborhood transition plane. Rooftop lighting also complies with Lighting requirements of Section 24.12.185.17.
Not Applicable 24.12.185.10 (a)(iii) N/A
Building Design Roof Form
Variation in Roof Form:
At least one form for every 30 feet of frontage (e.g., a frontage of 31 feet has a minimum roof form requirement of two roof forms) and located within 15 feet of the predominant building face on all frontages. On corner lots or double-frontage lots, standards for variation in roof form applies to all frontages. See Figure 8 of Development Standards.Note: Roof form is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 9 of Development Standards. Note: Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least 36 square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size.Note: Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least 48 square feet in horizontal area. Balconies should also conform to the standards for Useable Open Space in Section 24.12.185.8.
Yes 24.12.185.7 (c) Yes due to the height change of at least 3'.
Building Design Roof Form
Variation in Roof Form:Change in roof form is combined with:A change in height of at least 3 feet;A horizontal change in plane of at least 4 feet; orA change in roof pitch. See Figure 10 of Objective Development Standards for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district Yes 24.12.185.11 (a)(ii) Yes due to the height change of at least 3'.
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Building Design Roof Form
If Combining Roof Forms:
Note: The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 10 of Objective Development Standards.Note: Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.Note: Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form.
For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. Note: Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least 36 square feet in area. See Figure 10 for examples.Note: For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum 2-foot change in height relative to the adjacent roof form. For buildings Not Applicable 24.12.185.11 (b) N/A
Building Design Building Modulation
Building faces longer than 30 feet are articulated in one of three ways (unless another modulation control applies, such as an Area Plan):i. A horizontal change in plane for every 30 feet building face, rounded up to the next whole number (e.g., 31 ft frontage provides two changes in plane); the change in plane is 4 feet deep, 6 feet wide and open to sky ii. A horizontal change in plane for every 30 feet of building face, rounded up to the nearest whole number; the change in plane is at least 2 feet deep and 6 feet wide and combined with a change in materialiii. A horizontal change in plane at an interval of 50 feet or less; the change in plane is at least 6 feet deep and 12 feet wide and combined with a change in material. When implemented as building notches, the notches may contain balconies, as long as the railing is at least 70 percent see-through or transparent. (See Figures 11, 12, 13 of the Objective Development Standards)Note: Building faces that are less than 30 feet wide are not required to have a change in plane incorporated into their design.
No Yes 24.12.185.12
Level 1: - Along Ocean St, 9 changes in plane provided with a variety of option 1 and 2. - On the north and south elevation, 4 changes in plane are provided on each elevation. - Along the rear elevation, a waiver is requested so no changes in plane are provided to preserve the adjacent Heritage-sized Cypress tree and to provide more of a setback to the neighboring properties. If the project was required to preserve the heritagesized tree and conform to the building modulations requirement along the rear façade, then it would require a reduction of amenity space, which is protected as part of the project as proposed. Based on case law, the City cannot deny requested waivers and require the applicant to redesign the project to meet objective requirements, as it would require a reduction of amenity space, or similar features that are protected as part of the project as proposed. Level 2 and above: - Ocean St frontage: Waiver requested because providing the modulations per the options in the Objective Design Standards would result in downsizing units, which a local agency cannot require. - On the north and south elevation, 4 changes in plane are provided on each elevation. - Along the rear elevation, 9 changes in plane are provided.
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Building Design Corridor Frontage
Unless otherwise dictated by an Area Plan, ground floor frontage facing a corridor is set back at least 12 feet from face of the curb.See Figure 14 of Development Standards. If setback is only along the ground floor:No portion of the proposed building extends into or over the public right-of-way, except that awnings and balconies at the second story or above may extend into the right of way no more than 3 feet. No projection is closer than 8 feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the City Engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.).
Yes 24.12.185.13 (a) The ground floor frontage is set back more than 12' from face of curb.
Building Design Corridor Frontage
The setback area along the corridor frontage does not count toward the requirement to incorporate Uses for Active Frontage, and the area is used as a 12-foot-wide sidewalk over at least 80 percent of the frontage.
Yes 24.12.185.13 (a)(i)(1)
No portion of the corridor frontage counts towards the Uses for Active Frontage requirements. Sidewalks are at least 12' wide for approximately 224.32' of the project's 277' frontage, which is over 80% of the frontage.
Building Design Corridor Frontage
The passable sidewalk width is not less than 8 feetIf applicant has approval of an Administrative Use Permit and revocable license as allowed under Municipal Code Section 24.12.192 for Outdoor Extension Areas:The passable sidewalk width shall not be less than 6 feet.
Not Applicable 24.12.185.13 (a)(i)(2) N/A
Building Design Ground Floor Design
Commercial Ground Floor Design:
Minimum ground floor frontage transparency: 70 percent between height of 2 and 12 feet (measured parallel above sidewalk grade).
Yes 24.12.185.14 (a)(i) Yes, this is met and demonstrated on Sheet AP3.10.
Building Design Ground Floor Design
Minimum Ground Floor Height (no mezzanine):
Minimum height of 15 feet, measured from the top of the floor to the top of the floor of the next level
Yes 24.12.185.14 (a)(ii) Yes, this is met and demonstrated on sheet AP3.01.
Building Design Ground Floor Design
Minimum Ground Floor Height (yes mezzanine):
Minimum height of 10 feet, measured from the top of the floor to the top of the floor of the next level
Not Applicable 24.12.185.14 (a)(ii)(1) N/A
Building Design Ground Floor Design
In Commercial Space:Entrance is inset from the building face by at least 2 feet Yes 24.12.185.14 (a)(iii) The commercial space has 3 doors, with the entrance inset minimum 2 feet from the building face.
Building Design Ground Floor Design
Where residential development is allowed:
Ground floor residential is no more than 50% of a public frontage.
Not Applicable 24.12.185.14 (b) N/A
Building Design Ground Floor Design
Live Work Units: Live-work units are only on ground floor.
Not Applicable 24.12.185.14 (c)(i) N/A
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Building Design Ground Floor Design
Live Work Units: Min. ground floor height of 15 feet, measured from the top of the floor to the top of the floor of the next level, or 10 feet if a mezzanine is included Not Applicable 24.12.185.14 (c)(ii) N/A
Building Design Ground Floor Design
Live Work Units:
Mezzanine set back at least 18 feet from the building frontage and occupies no more than one-half of the area of the ground floor
Not Applicable 24.12.185.14 (c)(ii)(1) N/A
Building Design Ground Floor Design
Live Work Units: Minimum ground floor depth is 18 feet
Not Applicable 24.12.185.14 (c)(iii) N/A
Building Design Ground Floor Design
Live Work Units: Minimum unit/storefront width is 12 feet Not Applicable 24.12.185.14 (c)(iv) N/A
Building Design Ground Floor Design
Live Work Units: Ground floor frontage transparency is minimum 50 percent between a height of 2 feet and 12 feet measured parallel above sidewalk grade Not Applicable 24.12.185.14 (c)(v) N/A
Building Design Ground Floor Design
Live Work Units: Entrance is inset from the building face by at least 2 feet Not Applicable 24.12.185.14 (c)(vi) N/A
Building Design Ground Floor Design
If residential units other than Live-Work units are located at the ground floor:If units are individually accessed, the entry is set back at least 6 feet from the property line; this setback may be reduced to 4 feet if the unit is elevated at least 2 feet from the sidewalk (as with a stoop). See Figure 15 of Development Standards.Note: This may be a setback of the ground floor only, or a setback of the entire building face. Note: This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep. Note: This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space: An increase in elevation of at least 2 feet; A railing or gate; Clustered landscaping, as in a hedge or other dense planting, not exceeding 42 inches in height.
Not Applicable 24.12.185.14 (d) N/A
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Building Design Ground Floor Design
If residential units other than Live-Work units are located at the ground floor:If a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least 4 feet from the sidewalk; this setback may be reduced to 2 feet if the unit is elevated at least 2 feet above the sidewalk. See Figure 16 of Development Standards. Note: This may be a setback of the ground floor only, or of the entire building face.Note: This setback area shall incorporate landscaping or planters.
Not Applicable 24.12.185.14 (e) N/A
Building Design Architectural Details
If project is mixed-use and/or three stories in height or greater:The building visually differentiates the ground floor from the floors above by one or more of the following:i.a change in material; and/orii.a change in plane; and/oriii.a cornice line, belly band, or similar horizontal element.
Yes 24.12.185.15 (a) The building design incorporates a change in material, a change of plane and a belly band to differentiate the ground floor from the upper floors.
Building Design Architectural Details
If building at the intersection of a Corridor and another street (including another Corridor):The corner implements at least one of the following corner features:i. Increased height of the corner roofline of at least 3 feet above the adjacent rooflineii. A chamfered corner with a diagonal cut at least 6 feet on either side of the corner. See Figure 17 of Objective Development Standards. This may be at the ground floor only, or for the entire height of the building iii. A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky. See Figure 18 of Objective Development Standards.
Not Applicable 24.12.185.15 (b) N/A
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Building Design Architectural Details
A public open space of at least 30 square feet in area, and not less than 4 feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than 6 feet, it may be open only at the ground floor. Where the depth of this space is greater than 6 feet it must be open to the sky.
Not Applicable N/A
Building Design Architectural Details
Buildings in the C-C, R-T(C), C-T, C-N, C-B, PA and MU zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.Category 1 - Terrace, balcony, or Juliette balcony with a minimum projection of 10 inches and a minimum width of 3 feet (at least one per level; see also Section 24.12.185.10 Neighborhood Transition). Category 2 - Windows detailed with a lintel, sill, or archCategory 3 - Awnings, louvers, or shuttersCategory 4 - Decorative cornice or decorative lighting sconces (see Section 24.12.185.17 Lighting)
Yes 24.12.185.15 (d)
The Ocean Street elevation provides balconies, window lintels and sills, decorative cornice, and decorative lighting. The remaining elevations satisfy this requirement with window lintels and sills and a decorative cornice. A condition of approval has been included to ensure compliance with this at the building permit stage.
Building Design Architectural Details
For all windows above the ground floor: at least 2 inches of window inset between the plane of the glass and the plane of the building face.For buildings that include 4+ stories and for all windows above the ground floor: this depth shall be increased to 3 inches.
Yes 24.12.185.15 (e) Residential windows on floors 2-6 will be recessed at least 3" per the window detail on Sheet AP9.02.
Building Design Architectural Details
Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of 15 feet.
No Yes 24.12.185.15 (f)
There are two portions of the building of the East elevation which cannot accommodate windows, balconies or glass doors because the building extends to the property line. Compliance with this requirement would result in the loss of units so a waiver is requested to this requirement. The length of these elevations is 28'-6" and 32'-6".
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Building Design Building Materials
Buildings incorporate two or more of accepted materials or as approved in the design of each building face: tile, brick, glass, metal (except as prohibited below), painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined). Note: Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces. Panels for modular and pre-fabricated construction are allowed (including sandwich panels).Note: Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section.
Yes 24.12.185.16
The building design will incorporate the following materials:1) painted stucco2) horizontal fiber cement siding or similar3) vertical fiber cement board siding or similar4) painted concrete wall or similar5) tile6) glass storefront Building Design Building Materials
No single material makes up more than 85 percent of any building face. This can include materials for building decoration, but does not include fenestration.
Yes 24.12.185.16 (b) No single material composes more than 85% of any exterior building face.
Building Design Building Materials
No Vinyl Windows are used in the following circumstances:1. Any mixed-use or residential buildings more than three stories in height.2. On a building face oriented toward a public street other than an alley of a mixed use or residential building three stories in height or less.3. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 19 of Development Standards.
No Yes 24.12.185.16 The applicant requests a concession to use vinyl windows as it will result in identifiable cost savings to the project to provide for affordable rents.
Building Design Building Materials
At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least 4 inches. This includes corners of insets, reveals, or changes in plane that are 4 inches or greater in depth, as with a balcony, ground floor entry, or change in plane.
Yes All materials wrap building corners at least 4". See detail 6 on Sheet AP9.02. A condition of approval will be included to ensure compliance with this.
Building Design Building Materials
Living Walls:
The living wall is permanently integrated into the exterior design of the building face upon which they are planted.
Not Applicable 24.12.185.16 (g)(i) N/A
Building Design Building Materials
Living Walls:The living wall is not be located on a north, or north-east-facing building face.
Not Applicable 24.12.185.16 (g)(ii) N/A
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Building Design Building Materials
Living Walls:The living wall includes an integrated irrigation system.
Not Applicable 24.12.185.16 (g)(iii) N/A
Building Design Building Materials
Living Walls:The living wall uses materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
Not Applicable 24.12.185.16 (g)(iv) N/A
Building Design Building Materials
Living Walls:Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the City’s WELO.
Not Applicable 24.12.185.16 (g)(v) N/A
Building Design Building Materials
Living Walls:Note: Nothing in this section regulates or requires the installation of living walls on the interior of any building.
Not Applicable 24.12.185.16 (g)(vi) N/A
Building Design Lighting
Individual exterior luminaires shielded to direct light downward and does not exceed 1,260 lumens.Note: A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
Yes 24.12.185.17 (a)
A condition of approval is included that the building permit plans shall provide sufficient details to demonstrate compliance with this reqiurement prior to building permit issuance.
Building Design Lighting Outdoor lights do not blink, flash, flicker, or change intensity (excluding motion-detecting lights). Yes 24.12.185.17 (b) A condition of approval is included that the building permit plans shall provide sufficient details to demonstrate compliance with this reqiurement prior to building permit issuance.
Building Design Lighting
Lighting provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrianaccessible areas. Yes 24.12.185.17 (c) A condition of approval is included that the building permit plans shall provide sufficient details to demonstrate compliance with this reqiurement prior to building permit issuance.
Building Design Lighting Lighting of outdoor service, loading, and storage areas not be visible from the street or adjacent properties. Not Applicable 24.12.185.17 (d) N/ABuilding Design Lighting Rooftop lighting set back at least 12 feet from the edge of any building face that is oriented towards any R-district. Yes 24.12.185.17 (e) The proposed exterior rooftop light fixtures will be setback 12' from the edge of the east façade, which faces a residential district (R-L).Building Design Lighting The height of luminaires do not exceed 15 feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under F. 3. Architectural Detail.
Yes 24.12.185.17 (f)
A condition of approval is included that the building permit plans shall provide sufficient details to demonstrate compliance with this reqiurement prior to building permit issuance.
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Building Design Lighting
Building faces are illuminated such that surfaces located at least 10 horizontal feet away from building entries shall have at least 66 percent less luminance than surfaces within 10 horizontal feet of building entries. Compliance demonstrated with a lighting plan.
Yes 24.12.185.17 (g)
A condition of approval is included that the building permit plans shall provide sufficient details to demonstrate compliance with this reqiurement prior to building permit issuance.
SUMMARY (For City Purposes Only)
Number of Standards Not in Compliance
Number of Standards Incomplete
Number of Variations Requested
Number of Waivers Requested
Number of Concessions Requested
43.412
From: [email protected]
To: Rina Zhou
Subject: 530 Ocean St Question/Comment Received
Date: Thursday, April 24, 2025 4:09:11 PM
A new entry to a form/survey has been submitted.
Form Name: 530 Ocean Street
Date & Time: 04/24/2025 4:09 PM
Response #: 42
Submitter ID: 115868
IP address: 172.92.16.250
Time to complete: 2 min. , 36 sec.
Survey Details